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HomeMy WebLinkAbout09-1425U9 = LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF NhRX J. UDREN, ESQUIRE - ID #04302 MART WINNEG, ESQUIRE - ID #45362 LOS DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 AHANDRA 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 pleadingsWudren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania 961 Weigel Drive :Cumberland County Elmhurst, IL 60126 Plaintiff V. George L. Crawford Melinda K. Crawford NO. 4 Liberty Street Mount Holly Springs, PA 17065 Defendant(s) 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 mush take action within twenty (20) days after this Complaint and NQt-'ice 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. i I 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 TIME EL DINERO SUPICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PIIEDE 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 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 I ¦ 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: 4 Liberty Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mount Holly Springs COUNTY: Cumberland DATE EXECUTED: 9/23/02 DATE RECORDED: 9/24/02 BOOK: 1774 PAGE: 1475 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: (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 1/23/09: Principal of debt due $132,613.46 Unpaid Interest at 10.534$ from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35 45 and that s . um should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,630.67 TOTAL $166,940.33 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 $166,940.33 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR LAW OFFICAAS I I P. C. BY )7/71N A 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 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY WALTER N.. HEINE ASSOCIATES, INC., DATED DECEMBER 8, 1989 AND RECORDED IN PLAN BOOK 64, PAGE 90, AS FOLLOWS: BEGINNING AT A POINT IN WESTERN RIGHT-OF-WAY LINE OF 50 FOOT LIBERTY DRIVE, AT CORNER OF LOT NO. 5; THENCE ALONG LOT NO. 5, SOUTH 70 DEGREES 27 MINUTES 10 SECONDS WEST 102.81 FEET TO A POINT IN RIGHT-OF-WAY LINE OF PA ROUTE 94; THENCE ALONG RIGHT-OF-WAY LINE OF PA ROUTE 94, NORTH 20 DEGREES 03 MINUTES 31 SECONDS WEST 87.00. FEET TO A POINT; THENCE ALONG LOT NO. 3, NORTH 70 DEGREES 27 MINUTES 10 SECONDS EAST 103.59 FEET TO A POINT IN WESTERN RIGHT.OF- WAY LINE OF LIBERTY DRIVE; THENCE ALONG LIBERTY DRIVE, SOUTH 19 DEGREES 32 MINUTES 50 SECONDS EAST 87.00 FEET TO A POINT, THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. 2• ALL RESIDENTIAL STRUCTURES SHALL HAVE A MINUMUM OF 1100 SQUARE FEET OF FINISHED LIVING FLOOR AREA. 3. NO MOBILE HOMES SHALL BE PLACED ON ANY LOT IN. THIS SUBDIVISION. 4. NO DUMPING. OR STOCKPILING OF MATERIALS OR OTHER ITEMS SHALL BE PERMITTED NOR THE ACCUMULATION OF ANY JUNK OR UNLICENSED VEHICLES ON ANY LOT WITHIN SAID SUBDIVISION. 5. TREE REMOVAL SHALL BE KEPT TO A MINIMUM TO PERMIT THE CONSTRUCTION OF A PRIMARY RESIDENCE AND GARAGE. 6. LOT OWNERS SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF A SIDEWALK ALONG THE STREET FRONTAGE OF THEIR LOT. SIDEWALK CONSTRUCTION MUST ZE COMPLETED. WITHIN THE YEAR OF LOT PURCHASE. THE SIDEWALK MUST BE CONSTRUCTED AS PER THE SPECIFICATIONS OF THE APPROVED PLAN OF SUBDIVISION. 7. THE DRIVEWAY TO THE HOUSE MUST BE PAVED WITH A BILUMINQUS OR CONCRETE FINISH WITHIN ONE YEAR OF THE COMPLETION OF ANY RESIDENTIAL STRUCTURE. 8. A RESIDENTIAL STRUCTURE MUST BE COMPLETED WAND HABITABLE WITHIN TWO YEARS OF THE PURCHASE OF THE LOT. FAILURE TO ACCOMPLISH THIS SHALL GIVE THE DEVELOPER AN EXCLUSIVE OPTION TO REPURCHASE THE LOT FOR THE SAME PRICE AS THE ORIGINAL PURCHASE. AN OWNER OF TWO OR MORE CONTIGUOUS LOTS NEED NOT CONSTRUCT MORE THAN ONE RESIDENCE ON THOSE LOTS. January 26, 2049 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, PLIES 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 DHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMS EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A Page 1 of 1 HOMEOWNER'S NAVIE(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: George L. Crawford _ 1_?etda K. Crawford 4 Liberty Street MI-11-9-1-IL-PA 17065 71171500536574 Beneificial Consumer Discount Company ??-? IIFC or BFC EnW9ji Mortgage ___ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF F[ IGI I F FOR F[NANC'IA[ ASSISTANCV WHICH CAN CAVE YOTIR HOME FROM FORFC+I OS[TRF ABM HF[.P YO[T MAKE F[TT[TRF MORTGAGE PAS WN-TS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE BACTO). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 11F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMEPP'fS, AND IF YOU MEET OTHER ELIG Y REQUIItEMENTS ESTABLISHER BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECT neiroF - 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 MFFTMG MI-1,19T OCCUR WITHM THF. NEXT (ft) DAYS IF YOU DO NOT APPT Y FOR FM RGE C-Y MC)RTC;AC'F T YC)T TR 1lAC)R TGAGF T TP TO D A TF THE p e u •r n? 'PL7Te NOTTC'.F. (`. A T T Fn OHC)W TO CI TR F YOT m 1??fnn err w. DEF A T TT m, F x r l A i N ti HOW TO BRING Y111 TR MC)R TCTA CTF I TP TO DATE, C'ONSITMF,R CRFD[T C'OITNSFi INr' 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, ddr ??? and tel e++?+ x one, numbem er credit cons ling agencies for the count, in which th nrnr . +? a are set forth at the end of this r, tir--. It is only necessary to schedule one face-to-face meeting. Advise your lender immedi t4 of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information 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 I face- to-face meeting. YOU MIJST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS -BET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MOR2 GAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION, , Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure 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 CURE YOUR MORTGAGE DEFAULT (Rringjt u to duto)NATURE OF THF, DF.FA ILT - The MORTGAGE debt held by the above lender on your property located at: 4 Liberty Street Mt. Holly, PA 17065 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 $1216.47 for October 30, 2008 through December 30, 2008 = 649.41---. -Monthly Late Charges of $121.65 for October 312008 through December 30, 2008 Other charges (explain/itemize): Previous Attorney Fees=$3514.48 -TOTAL AMOUNT PAST DUE:; ___.-__-?-----.----.--_---X716-3.$Q- B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not armlirahle): NA HOW TO CURE THE, DEFAITIN _ 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 '71 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pad rr?entc must he made either by ac cashier's check, rer ified check or mnney under made aa3 bile and sent n' You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not uge if not a=1irahle): DU Page 3 of 3 ) r ¦ ¦? v 11 IF YOU DO NOT CTTRF THE DEF.ITIT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lend r intends to exercise its rights tn'?•.? .stn th mnrt M deht 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 foredo1_ use upon Xn it mortgggW nrallerty IF ME MORTGAGE IS FORECLOSED UPON _ 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 vM cure the default within the TRMTV (-1 DAY pclkd. yo» wfll not h rgUuired to Ugy attarnaIg. 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. RW-RI To "THE THE i EF s TTr T PRIOR TO S: RIF _ If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ; o , still have the right to sa a at any time 1112 to one hour h. fore the She.;ff'S Sale You maw T ? rln en ti+v pa3dnng the total amount then awe- nluc anY late or other charaec the„ Aiia _ default in the manner set forth in this notice will restore your mortgage to the same positions s if you had never defaulted. EARLIEST POSSi I F SM EgJFF'c e s T F r, ATV _ It is estimated that the earliest date that such a Sheriffs 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 Sheriff's 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 Address: %1 Weigel Drive ?- __EWRot II, 60126 _ ?__ Phone Number: _1 X800-333-5848 ~?? ---- Fax Number: 1-630417-6891 ?_--" Contact Person: Ma yj to Woodworth .... EFFECT OF SMFRiFF'S S s T Y _ 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIMIMON OF MQRT(CAf;F _ 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 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 r • 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 THUD 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 TREE 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 ACTION 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 11 11 r ified Mail Provides: nailing receipt inique identifier for your mailpiece Bcwrd of delivery kept by the Postal Service for two years rtant Reminders: unified Mail may ONLY be combined with First-Class Mails, or Priority Maile. irtified Mail is not available for any class of international mail. INSURANCE COVERAGE IS PROVIDED with Certified Mail. For uables, please consider Insured or Registered Mail r an additional fee, a ReWm Receipt maybe requested to provide proof of livery. lb obtain Return Receipt service, please complete and attach a Retum ceipt (PS Form 3811) to the article and add applicable postage.to cover the 1. Endorse matipiece "Return Receipt Requested'. To receive a fee waiver for uplicate return receipt, a USPS® postmark on your Certified Mail receipt is luired. r an additional fee, delivery may be restricted to the addressee or dresses's authoiz"?ad a?ggent. Advise the clerk or mark the malipiece with the dorsement "Ra,rAZ d Ueiivery". t postmark on the Certified Mail receipt Is desired, please present the arti- at the post office for postmarking. If a poettnag. on then Certified Mail :eipt is not needed,.detach and affix label, With postage and mail. )RTANT. Save this receipt `and present it"whbrt'making an inquiry. inn 3800. August 2006 (Reverse) PSN 7532-00p.gp47 13 I n- rU fv n t`- O O C3 v O C3 ru 0 M r`- O G t`- z rd N ? ¦ r cc N 0 o", w O C> c!) ?? Nr N ~ C,o N g co e - LL Q. a 0 Ir JOIse14 C3 -j w 0 ru 0 O 0 0 0 ru ru ru n _o t-- rs0¢ o ,-6 c r o ?-i®UlZ E UJ V i V L 47- Zr- ? d t' • 1 ? Certified Mail Provides: A mailing receipt A unique identifier for your maiipiece A record of delivery kept by the Postal Service for two years nl??tant Rem/ndera; Certified Mail may ONLY be combined with First-Class Mai a. Pnori Certified Mall Is notavaiiabie for any class of internatio NO INSURANCE CO tY Mails. "? mail. valuables, COVERAGE IS PROVIDED , itiona consider insured or RiFor ered Ma Certified Mail. For To ob e al fas, a Return Recs. delivery eipt FS Fin Return Receipt eceipt may be requested to provide Proof of fee. Endorse mel Wece . the article and add mplete and attach a Return a duplicate return receip? gR- Requested'. Two re el?ve a fee vvaonvier or required. postmark on your Certified Mail receipt is For e an additional addressees authorl fee, eee, a delivery may be restricted to the endorsement "19eetrl?Me • Advise the clerk or k addressee e If a postmark on the Certified ery*. eipt is desired rp the mailpiece with the eceipt is ?o post office for postmarkirec ng. if a postmark on the Certified needed, detach and affix label with lease present the arti- Mail "TANT: Save this receipt and present it when snak a ad ing an inquiry. Form 3800, ALQW 2008 (Reverse) PSN 7530-W-000-g?7 s 13 4- X m Ij E 118.22 c:' ,jAj J..0? ~A ?=3wm e} at Me U ?? ti 0 3 V C ZZ Utz Ili C,i I # `V 4- 4' gA S Ln i C3 n't ruru ?O r? C3 C3 Cr O E I ru O r% 0 e i9 ca if p z k co gig CV N N o Lu O 0) 0 CO , cio n a N co c a C) ?, cs aa?se? -.L C3 ?-?-^ C3 w -J w G ru -?-- O C C3 ., C3 C3 IU n w C3 Ln . Z C: Ull t"9 < O r" L C3 G w Z LL- CL o cc: -? ?-- cc 4 O O 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. UDRENj LPaW _ OFFI.CXS, P. C. BYI 0J 44 - ?C???? At o neys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE C fir: t -, 13 t... Y V? M1 V v Sheriffs Office of Cumberland County R Thomas Kline It Cumbri.. Edward L Schorpp Sheriff 't''` Solicitor Ronny R Anderson ` Jody S Smith Chief Deputy OFF" of THE P4RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 02:00 PM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: George L. Crawford, and located him at 4 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, but was unable to serve the defedant. Defendant filed bankruptcy and per attorney request we are returning the within Complaint as not served. 03/1212009 02:00 PM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Melinda K. Crawford, and located her at 4 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, but was unable to serve the defedant. Defendant filed bankruptcy and per attorney request we are returning the within Complaint as not served. SHERIFF COST: $50.30 (PAID) March 16, 2009 SO ANSWE R THOMAS KLINE, SHERIFF 2009-1425 Beneficial Consumer Discount Company VS George L. & Melinda K. Crawford ? .?' CO ;? UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings@udren.com Beneficial Consumer Discount Company € COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of Pennsylvania CIVIL DIVISION Plaintiff € Cumberland County V. George L. Crawford Melinda K. Crawford NO. 09-1425 Civil Term Defendants MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, by its undersigned Attorney, respectfully requests your Honorable Court enter an Order granting Plaintiff leave to amend its Complaint in the above captioned matter for the following reasons: The Complaint in the herein matter was filed on March 9, 2009. A true and correct copy is attached hereto and marked Exhibit "A". 2. Subsequent to filing of the Complaint, Plaintiff's agent notified counsel that a inadvertent clerical error was listed in the figures of the Complaint. 3. Therefore, Plaintiff respectfully requests that this Honorable Court enter an Order granting Plaintiff leave to amend its Complaint by substituting the following paragraph for paragraph 6 in the complaint: 6. The following amounts are due on the said Mortgage as of 1/23/09: Principal of debt due $122,998.98 Unpaid Interest at 10.534% from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.49 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,149.95 TOTAL $156,845.13 WHEREFORE, Plaintiff respectfully prays and requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred hereinabove. Furthermore, Plaintiff also requests that no additional and/or new Answer /or "otherwise plead" period shall be allowed, and the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. Respectfully submitted, UDREN L FFICES, P.C. BY: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire -Louis A. Simoni, Esquire Attorneys for Plaintiff 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 pleadingsftrdren.com Beneficial Consumer Discount :COURT OF COMMON Company d%b/a Beneficial 'CIVIL DIVISION Mortgage Co of Pennsylvania 961 Weigel Drive :Cumberland Elmhurst, IL 60126 Plaintiff V. George L. Crawford Melinda K. Crawford NO. a?- 4 Liberty Street Mount Holly Springs, PA 17065 Defendant(s) fiJ ? C:? x? I . PLEAS County l,/;" I ph, 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 fqr any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. r r? ?% 9a?o s EXHISITA YOU SHOULD TARE 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 t 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 escrit:a 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 continuer 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 TIME EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t 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 t I. 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: 4 Liberty Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mount Holly Springs COUNTY: Cumberland DATE EXECUTED: 9/23/02 DATE RECORDED: 9/24/02 BOOK: 1774 PAGE: 1475 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: (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 1/23/09: Principal of debt due $132,613.46 Unpaid Interest at 10.5340 from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.45 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6630.67 TOTAL $166,940.33 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 t 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 $166,940.33 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR LAW OFFI , P.C. BY 1/1 ? & &A % f 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 t ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY WALTER N. HEINE ASSOCIATES, INC., DATED DECEMBER 8, 1989 AND RECORDED IN PLAN BOOK 54, PAGE 90, AS FOLLOWS: BEGINNING AT A POINT IN WESTERN RIGHT-OF-WAY LINE OF 50 FOOT LIBERTY DRIVE, AT CORNER OF LOT NO. 5; THENCE ALONG LOT NO. 5, SOUTH 70 DEGREES 27 MINUTES 10 SECONDS WEST 102.81 FEET TO A POINT IN RIGHT-OF-WAY LINE OF PA ROUTE 94; THENCE ALONG RIGHT-OF-WAY LINE OF PA ROUTE 94, NORTH 20 DEGREES 03 MINUTES 31 SECONDS WEST 87.00. FEET TO A POINT; THENCE ALONG LOT NO. 3, NORTH 70 DEGREES 27 MINUTES 10 SECONDS EAST 103.59 FEET TO A POINT IN WESTERN RIGHT-OF. WAY LINE OF LIBERTY DRIVE; THENCE ALONG LIBERTY DRIVE, SOUTH 19 DEGREES 32 MINUTES 50 SECONDS EAST 87.00 FEET TO A POINT, THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. 2. ALL RESIDENTIAL STRUCTURES SHALL HAVE A MINUMUM OF 1104 SQUARE FEET OF FINISHED LIVING FLOOR AREA. 3. NO MOBILE HOMES SHALL BE PLACED ON ANY LOT IN, THIS SUBDIVISION. 4. NO DUMPING. OR STOCKPILING OF MATERIALS OR OTHER ITEMS SHALL BE PERMITTED NOR THE ACCUMULATION OF ANY JUNK OR TJNLJCENSED VEHICLES ON ANY LOT WITHIN SAID SUBDIVISION. 5. TREE REMOVAL SHALL BE KEPT TO A MINIMUM TO PERMIT THE CONSTRUCTION OF A PRIMARY RESIDENCE AND GARAGE. 6. LOT OWNERS SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF A SIDEWALK ALONG THE STREET FRONTAGE OF THEIR LOT. SIDEWALK CONSTRUCTION MUST BE COMPLETED- WITHIN THE YEAR OF LOT PURCHASE. THE SIDEWALK MUST BE CONSTRUCTED AS PER THE SPECIFICATIONS OF THE APPROVED PLAN OF SUBDIVISION. 7. THE DRIVEWAY TO THE HOUSE MUST BE PAVED WITH A BILUMINQUS OR CONCRETE FINISH WITHIN ONE YEAR OF THE COMPLETION OF ANY RESIDEN71AL STRUCTURE. . 8. A RESIDENTIAL STRUCTURE MUST BE COMPLETED AND HABFI'ABLE WITHIN TWO 'FEARS OF THE PURCHASE OF THE LOT. FAILURE TO ACCOMPLISH THIS SHALL GIVE THE DEVELOPER AN EXCLUSIVE OPTION TO REPURCHASE THE LOT FOR THE SAME PRICE AS THE ORIGINAL PURCHASE. AN OWNER OF TWO OR MORE CONTIGUOUS LOTS NEED NOT CONSTRUCT MORE THAN ONE RESIDENCE ON THOSE LOTS. t January 26, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMFOWNF.ROS MORTGAGE. ASSISTANCF. PROGRAM (HRMAI!) may he able to help to save your home. This Notice eX Iaing how the program works. To see if REM AP can help, you must MRFT WITH A CONSUMER C RF,DiT couNSELING AGENCY warm 30 DAYS OF THE. DATE of THiS NO TICE.. Take this Notice with you when you meet with the Counseling Agency- 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 E MEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERQS ENMRGENCY MORTGAGE ASSISTANCE PROGRAM0 EL CUAL ?? PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ,WHIT A Page S of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: George L. Crawford _Melinda K. Crawford 4 Liberty Street _ Mt. Holly, PA 17465 7117150053?C574 Beneificial Consumer Discount CojupApy _HFC or BFC Entity on_Mort-gage HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE, YOUR HOME. FROM FOREC LOSiIRF, AN1D HELP YOU MAKE. FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE BACTO),. 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 ELIGMU-,FFY REQUIREMENTS ESTABLISHED- BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORE.C 1,0SITRE - 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 iN counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITH THE NEXT (30) DAYS- IF YOU DO NOT APPLY FOR F.MFRGT-NC"Y MORTGAGE ASSISTANCE, YOl1 MT TST BRINGS YO1 TR MORTGAGE I IP TO DATF_ THE PART. OF THIS NOTIGF C"AI LFD DHOW TO CURE. YOUR MORTGAGE DEFATt'I T0, EXPLAIN, HOW TO BRING, YOUR MORTGTAGE i IP TO DATF- C'ONSILM[ER 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 narne,5,_addresses and telephone numbers nF f1P<;anatarl rnnenmar r-n-A;t rnnnePlina aar nr4pr! fnr the moot-r in xx7hirh the nrnr%Prhi it lnratPrl are, set forth at the end of this Notice. It is only necessary to schedule one face-to-face :meeting. Advise your lender imm .d'atPIT of your intentions. APPLICATION FOR MORTGAGE. ASSISTANCE - Your mortgage is in default: for the reasons set forth later in this Notice (see following pages for specific information 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 MI IST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS - SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORX+GAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established. by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will he 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.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4 Liberty Street Mt. Holly, PA 17065 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: _Mont til Pa?naents of $1216.47 for October 30.2008.._throu_gh December 30. 2008 $3649.41 _1VIontW Late Chaaes of X121.65 for October 30, 2008 through December 30.2008= ,S0 Other charges (explainritemize): -Previous. Attorney 8 -TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not annlicahle,): WA HOW TO THE 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 X7163-$9- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa= nP is must he either by cash, cashier's check, certified chpC& or ma=4 order made pa)Mble., and sent to, Ildren Law Offic %, P_C_ Wooderest CoMorate Center I I I Wood rrest j nad, Suite 200 Cherry Hill, N.1 09003-362() 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 ? applicable ): NLA Page 3 of 3 IF YOU DO NOT CURE THE, DEFAUX -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to mereise its rights to. accelerate the mortgage. 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 mortgaged prnp IF TNF MORTGAGF. TS FORECLOSED LED - 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 you cure the default within the THIRTY (?30) DAY =iod,_ you will not he rcqrired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DIREATILT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, 3s»> still have the right to cure the default and prevent the gale at any time up to one hour hefore the Sheriffs Sale- Yoimgy doh na'trina the tntnl nmrnlnt then nact rlne nlnc nnv ]ate nr nther rtharoPg than AiP rengnnnhle sttnrnev'c fe .R and in writing by the lender and by perfortning any other re Iuirementg under the mart=age, 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. Ri. CT POSSi I X, SHF.RiFF'S SALE. DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be hcld would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's 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. NOW TO CONTACT THE LENDER: Name of Lender/Servicer: HSBC Consumer Address: 961 Weigel Drive Elmurs!_IL 60126 Phone Number: 1-500-333-5848 Fax Number: 1-630-617-6891 Contact Person: Marvka- Woodworth EFFECT OF SHERIFF'S SAT, - 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. C ASSITMPTI(2N OF MORTGAGE - 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. Fare 4 of 4 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 t Pace 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INTSTITUTION 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 ACTION 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 P, 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 Autbority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 ified Mail Provides: nalling receipt inique identifier for your mailpiece 'ecord of delivery kept by the Postal Service for two years rtant Remindem. irtified Mail may ONLY be combined with First-Class Maile or Priority Maila. :rtified Mail 'm not available for any class of international mail. ) INSURANCE COVERAGE IS PROVIDED with Certified Mail. For uables, please consider Insured or Registered Mail. r an additional fee, a Retum Receipt may be requested to provide proof of ivery. To obtain Retum Receipt service, please complete and attach a Return ceipt (PS Form 3811) to the article and add applicable postage to cover the Endorse mailpiece'Return Receipt Requested'. To receive a tee waiver for lupifcate return receipt, a USPSm postmark on your Certified Mail receipt is u#red. r an additional fee, delivery may be restricted to the addressee or dressee's authorized agent. Advise the clerk or mark the mailpiece with the dorsement 'Restricted Delivery'. i postmark on the Certified Mail receipt is desired,. please present the arti- at the post office for postmarking. If a postmark on 'the: Certified Mail :eipt is not needed,.detach and affix label With postage and mail. WANT: Save this receipt and present itwhtm making an inquiry. rm 3800. August 2006 (Reverse) PSN 7530.0,' 000.9047 fT .i ru ru to Ci C3 i C3 C3 C3 CI Qi N' C3 M C3 r- 0 E g 9 04 7 LL E r g m z ? N LL N 0- a? € C, Rt b M LO Jape p, 01,P w , r' C3 LLI C3 M m Q r...• r m C3 -j r L1s ni IL ? ru ? r -0 aJa E,- ZZ rj =..k t-D >r':.4 u V V r Ct_ V 4 .9 certified Mail Provides: 9 A mailing receipt r A unique identifier for your mailpiece t A record of deifvery kept liy the postal Service for two years rrportant Reminders, Mail Certified Mail is 1y? ONLY be combined with va able or any ass of F'rst-Class ail, Priority Made NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof of defivery. To obtain Return Receipt service, piease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested l a receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is requrred. For ddressee'sd utthronzed agent Ad sma be e the clerk or mrestricted ark t the addressee or endorsement 'Restrictedgpelivery', the mailpiece with the If a postmark on the Certified Mall receipt is desired, please present the arf- cie at the post office for postmarking. If a postmark on the Certified Mail •eceipt is not needed, detach and affix label with postage and mail. 'ORTANT: Satre this receipt and present it when making an inquiry. "111"" 3800, August 2008 (ns-rs&) PSN 7530-02-00M047 m ¢ `o ?? A U a m d X 1 rp m ? r?mi j Q E d0 aAo U U • 0Z.0 Cdm mm C% E :E r 0 y L 06 0 0? up m L m m=4-- 7 3 ? m 0.V a a E m - ~ WL) 00 ¦ ¦ ¦ ?8- z ?? o ? O C A % ¢ U ? O d'? h ¢ c ? v `4 V `J a v> u7 d M ru nj C13 j G] t? a O 0 ¢ C3 13 r,t Cl rr't I ?!8 0 0! N a N W 2 m T OD M O CL ro M Y t dr • nF . ... C3 - ----?' :':? o Q C3 ru ru C3 a ?_. v, _VW C f-'nvn Y ` M3 :a 6 C UU, L:i L!' v- ...n V Q 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 lie/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 OFFI.CgS, P.C. BY( WdZV At o neys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of Pennsylvania = CIVIL DIVISION Plaintiff € Cumberland County V. George L. Crawford Melinda K. Crawford NO. 09-1425 Civil Term Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff seeks leave of Court to amend its Complaint as averred in the within Motion. The Pennsylvania Rules Of Civil Procedure allow for such amendment. The facts as set forth in the within Motion are incorporated herein by reference as though fully set forth at length. Pa.R.C.P. 1033, AMENDMENT: A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. In the instant Motion for Leave to Amend, Plaintiff requests leave of Court to Amend its pleading to reflect the proper Plaintiff. This Motion falls strictly within the parameters of Rule 1033. Pursuant to the Rules of Civil Procedure as above stated and the facts as set forth in the attached Motion, Plaintiff believes that the Complaint should be so amended. The Plaintiff is not requesting leave of Court to amend any allegations or substantative fact contained in the pleading itself. Furthermore, Plaintiff also requests that the Amended Complaint not expand the Answer and/or otherwise plead period as initially established in the original Complaint. Respectfully submitted, UD ?S, P.C. * - OY, ay: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney, hereby states that he/she is the attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Brief in Support are true and correct to the best of his/her knowledge, information and belief. 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. Date: It 4 q UDREN LAW OFFICES, P.C. a a By:_ t Mark J. LMA-, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Attorneys for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. George L. Crawford Melinda K. Crawford Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-1425 Civil Term CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served true and correct copies of the Plaintiffs Motion For Leave To Amend Complaint and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Date Served: April l , 2009 TO: George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant UD N r OF CES, P.C. By: ?t? - Mark . Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Attorneys for Plaintiff FILM-OFFICE OF THE FM1WNOTARY 2029 APR --3 AM 10. 8 CUB' !i'.TM1'? UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsgudren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania € Plaintiff V. George L. Crawford Melinda K. Crawford Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-1425 Civil Term MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, by its undersigned Attorney, respectfully requests your Honorable Court enter an Order granting Plaintiff leave to amend its Complaint in the above captioned matter for the following reasons: The Complaint in the herein matter was filed on March 9, 2009. A true and correct copy is attached hereto and marked Exhibit "A". 2. Subsequent to filing of the Complaint, Plaintiff's agent notified counsel that a inadvertent clerical error was listed in the figures of the Complaint. 3. Therefore, Plaintiff respectfully requests that this Honorable Court enter an Order granting Plaintiff leave to amend its Complaint by substituting the following paragraph for paragraph 6 in the complaint: 6. The following amounts are due on the said Mortgage as of 1/23/09: Principal of debt due $122,998.98 Unpaid Interest at 10.534% from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.49 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,149.95 TOTAL $156,845.13 7. In accordance with Cumberland County Local Rule, no Judge within the Cumberland County Court of Common Pleas has ruled on any Motion or issue related to this matter. 8. In further accordance with local rule, Plaintiff did not seek a concurrence of the within Motion for Leave to Amend, as Plaintiff has not, at this time, effected service of the Complaint upon the Defendants. WHEREFORE, Plaintiff respectfully prays and requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred hereinabove. Furthermore, Plaintiff also requests that no additional and/or new Answer /or "otherwise plead" period shall be allowed, and the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. Respectfully submitted, UD , P.C. BY: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Attorneys for Plaintiff t UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF KARK 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 tj g WOODCREST- CORPORATE CENTER .111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingse*#ren. com Beneficial. Consumer Discount :COURT OF COMMON PLEAS rc; n Company.i3/b/a Beneficial :CIVIL DIVISION " Mortgage Co of Pennsylvania ' 961 Weigel Drive ECumberland County Elmhurst, IL 60126 Plaintiff V. George L. Crawford Melinda K. Crawford ' NO. 01- 4 ??U? 1 t??bY? Liberty Street Mount Holly Springs, PA 17065 Defendant(s) 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 fqr any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPEONE 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 17413 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. Race 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 demands en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero.o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PURDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenge Carlisle, PA 17013 717-249-3166 800-990-9108 Fl f 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 Wooderest Corporate Center I I1 Wooderest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 C P, 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: 4 Liberty Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mount Holly Springs COUNTY: Cumberland DATE EXECUTED: 9/23/02 DATE RECORDED: 9/24/02 BOOK: 1774 PAGE: 1475 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 r refuses to comply with the terms of the Mortgage as follows: (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 1/23/09: Principal of debt due $132,613.46 Unpaid Interest at 10.534* from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.45 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,630.67 TOTAL $166,940.33 .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 $166,940.33 plus. interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR LAW flFFI P . C . r ? By 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 t ALL THAT. CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF -MOUNT HOLLY. SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY WALTER N. HEINE ASSOCIATES, INC., DATED DECEMBER 8, 1989 AND RECORDED IN PLAN BOOK 64, PAGE 90, AS FOLLOWS: BEGINNING AT A POINT IN WESTERN RIGHT-OF-WAY LINE OF 50 FOOT LIBERTY DRIVE, AT CORNER OF LOT NO. 5; THENCE ALONG LOT NO. 5, SOUTH. 70 DEGREES 27 MINUTES 10 SECONDS WEST 102.81 FEET TO A POINT IN RIGHT-OF-WAY LINE OF PA ROUTE 94; THENCE ALONG RIGHT-OF-WAY LINE OF PA ROUTE 94, NORTH 20 DEGREES 03 MINUTES 31 SECONDS WEST 87.00 FEET TO A POINT; THENCE ALONG LOT NO. 3, NORTH 70 DEGREES 27 MINUTES 10 SECONDS EAST 103.59 FEET TO A- POINT IN WESTERN RIGHT-OF. WAY LINE OF LIBERTY DRIVE; THENCE ALONG LIBERTY DRIVE, SOUTH 19 DEGREES 32 MINUTES 50 SECONDS EAST 87.00 FEET TO A PO NT, THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. 2. ALL RESIDENTIAL STRUCTURES SHALL HAVE A MINUMUM OF 1100 SQUARE FEET OF FINISHED LIVING FLOOR AREA. 3. NO MOBILE HOMES SHALL BE PLACED ON ANY LOT IN. THIS SUBDIVISION. 4. NO DUMPING. OR STOCKPILING OF MATERIALS OR OTHER ITEMS SHALL RE PERMITTED NOR THE ACCUMULATION OF ANY -JUNK OR -UNLICENSED VEHICLES ON ANY LOT WITMN SAID SUBDIVISION. 5. TREE REMOVAL SHALL BE KEPT TO A MINIMUM ' TO PERMIT THE CONSTRUCTION OF A PRIMARY RESIDENCE AND GARAGE. 6. LOT OWNERS SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF A SIDEWALK ALONG, THE STREET FRONTAGE OF THEIR LOT. SIDEWALK CONSTRUCTION MUST BE COMPLETED. WITHIN THE YEAR OF LOT PURCHASE. THE SIDEWALK MUST BE CONSTRUCTED AS PER THE SPECIFICATIONS OF THE APPROVED PLAN OF SUBDIVISION. 7. THE DRIVEWAY TO THE HOUSE MUST BE PAVED WITH A BILUMINQUS OR CONCRETE FINISH WITHIN ONE YEAR OF THE COMPLETION OF ANY RESIDENTIAL STRUCTURE. S. A RESIDENTIAL STRUCTURE MUST BE COMPLETED AND HABITABLE WITHIN TWO YEARS OF THE PURCHASE OF THE LOT. FAILURE TO ACCOMPLISH THIS SHALL GIVE THE DEVELOPER AN EXCLUSIVE OPTION TO REPURCHASE THE LOT FOR THE SAME PRICE AS THE ORIGINAL PURCHASE. AN OWNER OF TWO OR MORE CONTIGUOUS LOTS NEED NOT CONSTRUCT MORE THAN ONE RESIDENCE ON THOSE LOTS. January 26; 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE To secs if HWMAP an hPln, yaji m_ t WRT WITH A VQXgTTMFR f R 'tiT'r COUNSELING AGENCY WTTNiN - - AAVS OF THE DATE 017 THTC Nn;[;jCE, Take this Nnticp with you when you meet with the rannseling ARenrv_ -- The name, address mutt nhane nnmher of Consumer Credit CnuuSc Iing_A=eips serving ymr County are listed sit the end of this nNce If yni have any a - ign?c, you may enif the ennsY vania Hancing Finance A=ry tail f= at R(1(1-341. 2397. (Ursans with impaired hearing can call (712)- 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 IMPORTA.NCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sr NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCLA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERQS LMERGENCY MORTGAGE ASSISTANCE PROGRA.MO EL CUAL fi PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. P F-XHIBtT A Page 3 of I HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER: George L. Crawford Mdin& K Crawford 4 Liberty Street Mt. Holly. PA 1_7_065 71171500536574 Ben?'icial ConsumDiscount CorApggy HFC or RFC Entity_ on Mortgage HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOU MAY RE F,T,TGTRT,F FOR FTNANCTA.T, ASSSISTANCF WHICH CAN SAW VOTIR HOMF. FROM FORECLOfiTTRF ANn FIRLP VOTT_MAKF. FTTTTTRF. MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE Ucrgv 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 BELNG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGME61TY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAV OF FOR_FC'T OSURF, - 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-faceQ_ ..meeting with one of the consumer credit counseling agencies listed at the end of this Notice, TMS MF=R.TTNG MUST OCCUR WTTTITN ASSTSTANC'F._ YOTT MTTST BRING YOT JR MORTGAGE T IR TO DATE THE PART F TITS Noom cAT3.F.I3_AHow To C.'TiRR YOTiR Tv,I,Ogmu?TF upFATI TU, EXPuNs, 140w To RRTNC: YOUR MORTC"TACYP I TP TO DATE CONSTTMFR CRFTNT COTTNSI+T,TNGLAISF?YCIES - 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 and te-Imbane r2Lmhers are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLTCA.T ON FOR MORTGAGE ASSTSTANCR - 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 designatk 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 rage 2 of 2 face- to-face meeting. YOU MUq FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS .SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATIONFOR MORXGAGE ASSISTANCE WILL BE DENIED. AGENCY ACT 0N._ 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.) NATURE. OF THR DEFAULT _ The MORTGAGE debt held by the above lender on your property located at: 4 Liberty Street Mt. Gaily, PA 17065 IS SERIOUSLY IN DEFAULT because: A YOU HAVE-NOT KADE-MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: u???i[,Y?ts?f_2I6.47 foc October 3J2D08 thromglt December 30, 20. = 5.3649AI Mogtl ?Late Charges Q=1.65 for Ocbabgr 30, 2,O through Decemher 30?2U08 Other charges (explainfitemize): TOTAL AMOUNT PAST DU) B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION {Da not nee if not applirahie): WA HOW TO C'TIRF THF. T)FFATTLT -- 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 %7163-44, PLUS ANY MORTGAGE PAYMENTS AND GATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pn?=ntc must hr madecdhrr ])U r?gh, carhinr_ 'e rhecT rrrtified the k or mnney m ter pajohin and cent tn' ITAren Law Uffareq, P-C- Weaderest rnEpnr to Center t l t Wonclcrrct oad, Sn*te 20n Che= 1401, N.1 0900-1--1620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (17o not use if not ppiirahle ): Page .1 or 3 LE MIT DO NOT C'TIRF. THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the ,ender intends, toexercise Its nZW to. a e 1 .rate the mort=a eht. 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 fiill 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 foreclose neon Aur mo aged jimperty. tF TTY'. MCIRTGACF. TC FORF,C'.T,OSED 11PO _ 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 $50.00. Any attorney's fees will -be added to the amount you owe the lender, which may also include other reasonable costs. If you enre the default within that THIRTY ('f,1 DAY period, you will not he r_aVired to pay attorney's fees. QT TER 11,Fi;NDFR RRAW-DIF9 - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reafTirmed it, then lender cannot pursue this remedy. RIGHT TO CURE, THE DEFAULT PRIOR TO SHERIFF'S SAT .F. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yai still have the rigbt to cure the default and prevent the sale at any time u to one hour befoTx- the Shey ff'c Sale Ypu may cin so hT naydng the total amn int then Mst i.e., I ?s and? je P nr other charges then due, reasonable attorney's find crests connected with the foreclo, ire cafe sn(i any other costs connected with the'Sheriff's Sale as snrrifieri in writing by the lender and by perfnrming_aj?+ other regnirementa under the mn game,. Cuiri _g your default in the manner set forth in this -notice will restore your mortgage to the same position as if you had never defaulted. FARTI ST POCSTRI,F. MERTFF'S CALF. DATE _ It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer:SE?Cgnsumer___-_.____._.__.__.? Address: 961 Weigel Drive _EimursLIL 6012 Phone Number: 1-800-333_„84$ Fax Number: Contact Person: Ma te Woodworth FFFFrT OF SHERIFF'S SAT,F. -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 Sheriff's Sale, a lawsuit to remove you. and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTCACR _ You may not transfer your home to a buyer or transferee who will. 01 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 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 as 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 Hitt, NJ 08003-3620 (856) 669-5400 t. Page 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING.INSTITUTI:ON 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 THl$ 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 DOCUWINTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. _ CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 1.7102 (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 P 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 r Page 6 of 6 died Mail Previdev nailing receipt unitpe iderdHlerfor your maiipiece 'ecor of delivery kept by the Postal Service for Iwo years rbnt Reminders: rttified Mall may ONLY be combined with First-Class Made or Priority Mai6 irH€fed Matt is not available for any class of international mail. ) INSURANCE COVERAGE IS PROVIDED with Certified Mail, For uabies, please consider Insured or Regietemd MWL r an additional fee, a Return Receipt may be requested to provide proof of Avery. To obtaift Return Receipt service, please oor plete and attach a Retum ceipt (PS Form 3B11) to the article and add applicable postage to cover the Endorse maiipiece 'Return Receipt Requested'. To reoeive a tee waiver for 1111cate return receipt, a USP-% postmark on your Certified Mail receipt is i red. r an additional fee, delivery may be restricted to the addressee or dresses`s authorized agpent. Advise the Berk or mark the maiipiece with-the dorsament 'RewrlcfedDWvery: I postmark on the Certified Me# receipt is desired,. pplease present the adi- at the post office for postmarking. If a postmark on 'the; Certified Mail ?011)1 is not needed,.detach and affix W*. With postage and mail, )RTANT: Save this receipt and preseat )t'wrh8a snaking an inquiry, rm 3CM, Aupnat 2WO (Pave m) PSN 7530-09047 i i t ru N ru tm i CI Ctj 0 Q ru CI rn 1 1%- C3 O r`- i E 9 I N 4. 01 m r CO V3 E tl Q of .1 to LO ° ry r t!S r. wt .salseR r' p ?.?.... ° rr?r? W ru C3 C3 M a ru ° Las r 0<c !My Ct 7' w „I :Dr- r, CL.. .,g O 41 :edirfed Mail Provides: A mailing receipt e A unique Identifier for your mallplece r A record of delivery kept by the Postal SeMoe for iwo years ttportW Reminders; Certffied Mad may ONLY be combined with First-Cfasa Mays or Priority M04 Certified Uaii Is not available for any peas of irdernatidnaf mad No INSURANCE COVERAGE IS PROVI13ED with Cenlfled Wr' For vafu"- Pieria consider Insured or Registered Mail_ For an addii onal fee, a Retum Receipt may be requested to vide proof of delivery, To obtain Return Receipt service. 4a pr t Re 90 i 3811) to the *Return any and add appficabfe postage o covebm receipt, ?»d?• To waiver for requur?r a reitrrrt pt, a USPSe postman{ on your CertifiedaMail receipt is For an additional fee, delivery maY be restricted to the addressee or endorse It %tt7hMrleu fitV.Adyv.,1se the clerk or mark ttre maNplece with the afe at the rk K e post ohe otfrce four iPostrtrarkr?n afpt is desired, p{?Se present the art[. Vrniot not needed, detach turd afjajWW tfi g if a postma ort the. Btrttffiera Mad postQge and mad. 'OiiTAY7 Save this receipt and present it when making an inquity. -urm 3800? August 2005 fRavarse1 pSN 7W&.0 ppo-s6a7 Q { Lr) ° C7 M nj ; co M i C3 i t? f7 ? M 0 m ?J 1 o 0 a? LL ri t±? t N n x fJ _ IL CO a yM 0 ??r C3 j lit C3 ru o o ?- -,,t r ni ?,... ru w tsi LUA?r4z?' 4 F- --s u 0- _i ?GC:3x - CC . Apr" 7 \1 v 4-- It is O 0 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. falsification to authorities, Section 4904 relating to unsworn UDR.F,,N, LAW OFFI.C &.S , _ P.C. BY Atto neys far Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE C.gA1MRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI,. ESQUIRE C: r UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings*udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania € Plaintiff V. George L. Crawford Melinda K. Crawford Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-1425 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff seeks leave of Court to amend its Complaint as averred in the within Motion. The Pennsylvania Rules Of Civil Procedure allow for such amendment. The facts as set forth in the within Motion are incorporated herein by reference as though fully set forth at length. Pa.R.C.P. 1033, AMENDMENT: A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. In the instant Motion for Leave to Amend, Plaintiff requests leave of Court to Amend its pleading to reflect the proper Plaintiff. This Motion falls strictly within t1le parameters of Rule 1033. Pursuant to the Rules of Civil Procedure as above stated and the facts as set forth in the attached Motion, Plaintiff believes that the Complaint should be so amended. The Plaintiff is not requesting leave of Court to amend any allegations or substantative fact contained in the pleading itself. Furthermore, Plaintiff also requests that the Amended Complaint not expand the Answer and/or otherwise plead period as initially established in the original Complaint. Respectfully submitted, UDR CES, P.C. By: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire .-Louis A. Simoni, Esquire Attorneys for Plaintiff 01 VERIFICATION The undersigned attorney, hereby states that he/she is the attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Brief in Support are true and correct to the best of his/her knowledge, information and belief. 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. Date: 1? ?057 UDREN LAW OFFICES, P.C. By: Mark J. U en, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire -Louis A. Simoni, Esquire Attorneys for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings*udren.com Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of Pennsylvania ' CIVIL DIVISION Plaintiff ` Cumberland County V. George L. Crawford Melinda K. Crawford NO. 09-1425 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served true and correct copies of the Plaintiffs Motion For Leave To Amend Complaint and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Date Served: April 10, 2009 TO: George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant UDR ?ES, P.C. BY: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire 4.ouisA. Simoni, Esquire Attorneys for Plaintiff 21009 APP% 13 AM 9, 5 7 4f? APR 14 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania € Plaintiff V. George L. Crawford Melinda K. Crawford ' NO. 09-1425 Civil Term Defendants ORDER AND NOW, to wit, this day of 2009 upon > consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the Complaint be amended tosubstitute the following paragraph for paragraph 6 in the complaint: 6. The following amounts are due on the said Mortgage as of 1/23/09: Principal of debt due $122,998.98 Unpaid Interest at 10.534% from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.49 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Previous Attorney Fees 3,514.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,149.95 TOTAL $156,845.13 It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. 1" BY THE COURT: n-') el` C) 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 Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of Pennsylvania € CIVIL DIVISION Cumberland County Plaintiff V. George L. Crawford Melinda K. Crawford NO. 09-1425 Civil Term Defendants AMENDED COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO COURT ORDER 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. P 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 CUYA 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 R 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 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: 4 Liberty Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mount Holly Springs COUNTY: Cumberland DATE EXECUTED: 9/23/02 DATE RECORDED: 9/24/02 BOOK: 1774 PAGE: 1475 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. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; t (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 1/23/09: Principal of debt due $122,998.98 Unpaid Interest at 10.534% - from 9/30/08 to 1/23/09 (the per diem interest accruing on this debt is $35.49 and that sum should be added each day after 1/23/09) 23,576.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Previous Attorney Fees 3,5-14.48 Attorneys Fees (anticipated and actual to 5% of principal) 6,149.95 TOTAL $156,845.13 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 Sheriffs 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. E WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $156,845.13 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. B t14/'- J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff f ALL THAT. CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY WALTER N. HEINE ASSOCIATES, INC., DATED DECEMBER 8, 1989 AND RECORDED IN PLAN BOOK 64, PAGE 90, AS FOLLOWS: BEGINNING AT A POINT IN WESTERN RIGHT-OF-WAY LINE OF 50 FOOT LIBERTY DRIVE, AT CORNER OF LOT NO. 5; THENCE ALONG LOT NO. 5, SOUTH 70 DEGREES 27 MINUTES 10 SECONDS WEST 102.81 FEET TO A POINT IN RIGHT-OF-WAY LINE OF PA ROUTE 94; THENCE ALONG RIGHT-OF-WAY LINE OF PA ROUTE 94, NORTH 20 DEGREES 03 MINUTES 31 SECONDS !WEST 87.00 FEET TO A POINT; THENCE ALONG LOT NO. 3, NORTH 70 DEGREES 27 MINUTES 10 SECONDS EAST 103.59 FEET TO A POINT IN WESTERN RIGHT-OF. WAY LINE OF LIBERTY DRIVE; THENCE ALONG LIBERTY DRIVE, SOUTH 19 DEGREES 32 MINUTES 50 SECONDS EAST 87.00 FEET TO A POINT, THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. 2. ALL RESIDENTIAL STRUCTURES SHALL HAVE A MINUMUM OF 1100 SQUARE FEET OF FINISHED LIVING FLOOR AREA. 3. NO MOBILE HOMES SHALL BE PLACED ON ANY LOT IN • THIS SUBDIVISION. 4. NO DUMPING. OR STOCKPILING OF MATERIALS OR OTHER ITEMS SHALL BE PERMITTED NOR THE ACCUMULATION OF ANY JUNK OR UNLICENSED VEHICLES ON ANY LOT WITHIN SAID SUBDIVISION. 5. TREE REMOVAL SHALL BE KEPT TO A MINIMUM TO PERMIT THE CONSTRUCTION OF A PRIMARY RESIDENCE AND GARAGE. 6. LOT OWNERS SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF A SIDEWALK ALONG THE STREET FRONTAGE OF THEIR LOT. SIDEWALK CONSTRUCTION MUST-BE COMPLETED. WITHIN THE YEAR OF LOT PURCHASE. THE SIDEWALK MUST BE CONSTRUCTED AS PER THE SPECIFICATIONS OF THE APPROVED PLAN OF SUBDIVISION. 7. THE DRIVEWAY TO THE HOUSE MUST BE PAVED WITH A BILUMINQUS OR CONCRETE FINISH WITHIN ONE YEAR OF THE COMPLETION OF ANY RESIDENTIAL STRUCTURE. 8. A RESIDENTIAL STRUCTURE MUST BE COMPLETED AND HABITABLE WITHIN TWO YEARS OF THE PURCHASE OF THE LOT. FAILURE To ACCOMPLISH THIS SHALL GIVE THE DEVELOPER AN EXCLUSIVE OPTION TO REPURCHASE THE LOT FOR THE SAME PRICE AS THE ORIGINAL PURCHASE. AN OWNER OF TWO OR MORE CONTIGUOUS LOTS NEED NOT CONSTRUCT MORE THAN ONE RESIDENCE ON THOSE LOTS. 01 January 26, 2409 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 NOTIMCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS 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 GHOMEOWNERQS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A ftEDIMIR SU HIPOTECA. FJCHIB T A Page 1 of 2 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: George L. Crawford Melinda K. Crawford 4 Liberty Street 1965 71171500536574 Ben?fei?ial Coas_ymer Discount Company _- I3FC or BFC En ' on Mortgagg HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RE ELIGIBLE FOR FINANCiAL A,SSiSTANCF WHICH CAN SAVE YOiTR ROME. FROM FORF.C1.0Si1RF. AND HELP V011 MAKF. FI1Ti1RF. MORTGAGE. PAVMF.N.TC IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE -ACT OF 1983 (THE DACT11),. YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IY 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 ELIGURLFFY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA. HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF.Ci,OSi1RF. -- 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-faee? meeting with one of the consumer credit counseling agencies listed at the end of this notice. THiS MFF. UNG MUST OCCUR WITH TRF NEXT (30) DAVS. IF VOI T DO NOT APPLY FOR FMFRGFN('V MORTGAGE ASSISTANCE,, Y611 MI 1ST RRlNG Y011R MORTGAGE I IP TO DATE THE PART OF THIS NoTiC:F cAi.T.F.r) 14ow To C^i1RR Youg mogTaAcm. r)FFOTn T0, Fxpr AN.-q How To RRiNC Y01TR MORTGAGE iIP TO DATF. CONSUMER CREDIT COUNSELING AGENY S, _ 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 namm addresses and t lMhone nuirnben, of designated cnncnmer credit counseling agencim for the ennnty in whirl, the nm;abz is located are -get forth at the end of his Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelT of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information 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 thePmeowner'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 MILS FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS - SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORXGAGE ASSISTANCE WILL BE DENIED. AGENCY AC"T1lON.? 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.) NAT THE OF THE DREATILT - The MORTGAGE debt held by the above lender on your property located at: 4 Liberty Street Mt. Hotly, PA 17065 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: Nl?t y P?,ymtuts of 1216.47 for Octobg r 30, 2008 throl[g?pec her Q&=-_$W9.41 MoQtW3± Late Charges of $121.65 for October l0 2Q08 through December 30,E 2008 Other charges (exphdn/itemize): Previous AttorBey Fees=53514.4$ TOTAL AMOUNT PAST DUE:. - S7163.89_ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not mmlicahle): X/A HOW TO CURE 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 &7163.$9 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PPay=ts must he mane either by cash, naghier'o rertifieyd the nk nr mnne y nuier may t, pa3mhle and sent to rrdren Law M1"ireg, P-r- Wanderect C'nrnnrate Center 111 Wnndere.0 Rand, Cavite 2(1(1 r Cherry Hill, NJ OR00-3-3620 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 az hn cahie-): jY(A Page 3 of 3 IF YOU DO NOT MIRE THE DEFAULT -_ If you do not cure the default within THIRTY (30) DAYS of the.date of this Notice, the lender intends to exec ise ' rights to.sccelerat the mnrtgwgeeddebt- 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 fhred r.e npan Yonr mnrtgggcd 1romiy. TF THE MORTC:Arw rS FORFri.o%F.D iTPOiv - 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 yno cure the default within the T TV_ (';il, DAY xin 6 ynn will not he req.nired to pay attorney's fees- OTHER LENDER RF.MF.DiRS - 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. RiCYHT TO C'TIRF TAF, DFFATILT PRIOR TO SHFRWF'S,,SAT F - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, Ynu still have the right to cure the default and prevent the gale at any time iin to one bour hk-. the sheriffs Sale -- may . Lby raying the tntal amn int then act cdueplus anlair or other cha=s then chip, rrasonahde,attnmcy's fees and enstc .nnnected with the fare logure sale and-any othecnstg "ne&cd with the Sheriff's Sale S,specii in writing by the lender and by performing ar ? nther sPrrfrindments under 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,ARTIRST POSSTRT R SHERIFF'S SAi,E. DATE. - 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: _J3SSC Consumer Address: 961 Weigel Drive W ElmursLJL 60126_ Phone Number: 1-800-333-5848 Fax Number: 1-630-617-6891_ Contact Person: Marvkate Woodworth F.FFFC'T OF SHERIFF'S SAIr -You should realize that a Sheriffs 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASST MP'i'iON OF MORTGAGE - 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 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 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 INSTTI'UTED UNDER THE MORTGAGE DOCUMENTS, - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION 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 P, Page 6 of 6 lned Mail Pmviides: nailing receipt mique identifier for your mailpiece word of delivery kept by the Postal Service for two years rtant Reminders: irtiiled Mall may ONLY be combined with Flrst-Class Made or Priority Mall. ' wtilled Mail Is not available for any class of intemationai mail. ) INSURANCE COVERAGE IS PROVIDED with Certified Mall. Far uabies, please consider Insured or Registered Mail. r an additional fee, a Return Receipt may be requested to provide proof of Avery. To obtain Return Receipt service please complete and attach a Return caipt (PS Form 3611) to the article and add applicable postage to cover the :mate retum p? •? Receipt Requeded". To receive a fee waiver for Iu red. receipt, a USPSO postmark on your Certified Mail receipt is r an additional fee, delivery may be restricted to the addressee or dresses's aulhorfzed aggeent. Advise the clerk or mark the mailpieoe with the dorsement -Rsstrlated Wy&ry: t postmark on the Certified Mail receipt is desired, please present the ard- i at the post office for postmarking. It a postfiark on the; Certified Mall a lpt is riot needeq,.detach and affix label. i t postage and mail. WANT. Save this receipt and present ttlwhba making an inquiry, rM 3wo, must 2ooe (Ram se) asN 7&*omw-9o47 . . ru nJ Ill Ca I C3 C] C3 © na Mm r` C3 C3 N N LL r E OD z M o C4 a f M, f,iJ N F- g CO N ° Ci q G a` bx 'r• -] O W Q ru C7 C3 O O Q Q ru ru P, L°sA: ua CO vM a G ti^s,. ? "- co ILK w v .9 A M(ied Mail Provides: A m+® receipt t A unique identifier for your mailpiece I A necord of delivery kept by the postal Senrioe for two years "Portent Rbavfn*Yv, Certified Map may ONLY be combined with Firat-Class Malta or Priority Mails, Certified NO Map is nM -fiab4' for any class of international mall INSURANCE COVERAGE is PROVIDED with Certified Mail. valuables, please consider Insured or Registered For an additional tee, a Return R Mail. For delivery, To obtain Return Receipt serv M=se con quested to ovide proof of Receipt (PS Form 3811) to the article and a an agattach a e to Cov Return fee. Erxtoree mailpiece .Return a duplicate return receipt, a USP?t dd Requested'. O To receive a fee waiver for re quired. Sa postmark on your Certified Mail receipt is For addressee s a?ho ie?d agent. Advise th be resr ma to the address endorsemnt 'RostNcfed Deq ejy a clerk or mark the maliplece witthethe K a postmark on the Certified Mail receipt is desired, ieass present the art[- de at the post office for poatmarkinq if-a- postma p •eceirA is not needed, detach and affix label on the Certfied Mali with postage and maU. 'ORTANT. Save this raealpt and present it when making an inquiry. =orm 3180, August 2008 (Reverx) PSN 7&p.pQ.?, 0 m F'U fu+ m1 f`- I C3 0 C3 C3 rtl frl M Q 0 it O N lL C N a Ill Clq +b F a' G t,J 2 cu C;3 N YJ fy Y y) 0 C3 w G ru 0 M O 0 0 a a . a? rti --- ru •?? w a LM 5-31 s-z Ca ? LLI is CL _i o m ? ki GC :fs Cc 1 t• t? ?i a VERIFICATION 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. J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff f UDREN LAW OFFICES, P.C. ATTORNEY. FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a udren.com Beneficial Consumer Discount Company = COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Co of Pennsylvania € CIVIL DIVISION Plaintiff Cumberland County V. George L. Crawford Melinda K. Crawford € NO. 09-1425 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served true and correct copies of the Plaintiffs Amended Complaint in Mortgage Foreclosure Pursuant to Court Order upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: Apri0i, 2009 TO: George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant UDREN LAW OFFICES, P.C. aa f, By: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Attorneys for Plaintiff FfLF:ID _,- , ry` T f- : it i }x. 5` 1 2Q ApR ?9 Ai, 'a ;_. l y UDREN LAW OFFICES, P.C. 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. George L. Crawford Melinda K. Crawford Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-1425 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: June 5, 2009 UDREN W ICE , P.C. BY: 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 ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE RLED-OiTa OF THE PROTHONOTARY 2004 JUN -8 AM 9: 06 AE??if?S?..?t?f?1iF{ jod. A ©. Ol , 13-D 37W 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff 09-1425 Civil Term V. NO. George L. Crawford Melinda K. Crawford Defendant(s) PRAECIPE TO REINSTATE AMENDED COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Amended Complaint on the above-captioned matter. DATE: June 11, 2009 UDRW- LAIL46FFIQES, P. C. BY: V/ I 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 ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE r C5) OF TH" ?^ l rtn,tl TARY 2009 ,fit H 12 A to: 13 cuwll? ! ,: (7Y c? ? 133 '? ? Sheriffs Office of Cumberland County R Thomas Kline 9 3tr 01 culub", Edward L 5chorpp Sheri Solicitor Ronny R AndersonJody S Smith Chief Deputy OFFICE of THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/13/2009 12:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 1215 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, Court Order, upon the within named defendant, to wit: George L. Crawford, by making known unto himself personally, defendant at 4 Liberty Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/13/2009 12:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 1215 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, Court Order, upon the within named defendant, to wit: Melinda K. Crawford, by making known unto George Crawford, husband of defendant at 4 Liberty Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.30 1 June 15, 2009 2009-1425 Beneficial Consumer Discount V George Crawford n N y b ' F T71 - ` 7 . -` c ? 1 ? I t SO ANSWERS, UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 3TUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 961 Weigel Drive Elmhurst, IL 60126 :MORTGAGE FORECLOSURE Plaintiff v. George L. Crawford €NO. 09-1425 Civil Term Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant (s ) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSE33MENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) George L. Crawford and Melinda R. Crawford for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 1/24/09 to 7/17/09 TOTAL I hereby certify that (1) the Defendant are as shown above, and (2) accordance with Rule 237.1, a copy of w $166,940.33 6,203.75 $173,144.08 addresses of the Plaintiff and that notice has been given- in ~hich is attached hereto. UDREN LAW OFFICES, P.C. BY : ~--~~- Attorneys f~'Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : r/~ ~T INDI TED P R THY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINS DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARREMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 nleadinasC~udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. George L. Crawford Melinda K. Crawford Defendant (s ) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-1425 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Melinda K. Crawford Age.: Over 18 Residence: As captioned above Employment: Unknown Defendant: George L. Crawford Age: Over 18 Residence: As captioned above Employment: Unknown Name : l~B~/°5 ~ ,~, Title: ATTORNEY FOR PLAINTIFF Sworn to and subscribed Company: UDREN LAW OFFICES, P.C. before me this 17th day of ~1i y, 2009 . ~ \ / ary ruolic ~~~~ ~ ~Ari~f.~r~iil~ :~rw~'~. ~, tM~i/I~. ~rR+~l~~ Q~\"~`i~Sl ~p3~i~r~A ~. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: George L. Crawford Melinda K. Crawford Debtors Chapter 13 Bankruptcy No. 1-08-bk-00108-RNO Beneficial Consumer Discount Company, or its Successor or Assignee Movant vs. George L. Crawford and Melinda K. Crawford Charles J. DeHart, III, Trustee Respondents ORDER AND NOW,. in accordance with the Settlement Stipulation, after Notice of Default and upon the filing of Certification of Default, it is hereby ORDERED that the automatic stay of Bankruptcy Code §362(a) be, and the same hereby is, MODIFIED to permit Beneficial Consumer Discount Company, or its Successor or Assignee to foreclose its mortgage, and, without limitation, to exercise any other rights it has under the mortgage or with respect to the property located at: 4 Liberty Street, Mount Holly, Pennsylvania 17065. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this order granting relief from the automatic stay. ~~~ ~, ~ ~ ---. art N w Ba~lrx~ptcy Y7gs da~Cursent is alect-p2alty sf$ncd ctnd f led on ~Jsv same. dote,, ~~ Dated: December 16, 2008 Case 1:08-bk-00108-RNO Doc 69 Filed 12/16/08 Entered 12/17/08 15:43:10 Desc Main Document Page 1 of 1 UDREN LAW OFFICES, P.C. -MARK J..UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINB DOYLE, ESQUIRE = ID #34576 ALAN M. MINATfl, ESQUIRE - ID #75860 CHANDRA M. ARICEMA, ESQUIRE - TD #203437 LOUIS A. SIMONI, ESQIIIRE - ID #200869 WOODCREST CORPORATE CENTER .111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadi.nge~t3ren. com Beneficial Consumer Discount Company ~cl%b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive . Elmhurst, IL 60126 Plaintiff v. George L. Crawford Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION _-? r ~' ~r~._. f~~%, r=° ~` . G ~~~c~3 PLEAS '~ Cumberland County NO . off _ I ~/.~ S' ~11 Ur ~I ~1 vh~ COMPLAINT IN MORTGAGE FORECLOSURE ~~ .~ Ta. 1 to .~- c,s ,~i f7~~~~ ~12fT; ,..; ~~ ;~-; -. ~: ,.~ ~. 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 sewed, 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 fqr any other c1-aim or relief requested by the Plaintiff. You may lose money or .property or other rights important to you. '~ ;~ U ~O ~U ~S r /~ ~~ Sheriffs Office of Cumberland County R Th~ as Kline ~tp at ~umb,~at~ Edward L SchorPP Sheri ~ ~ ~ r~ Solicitor ~~ ~ Ronny R Anderson ~`"-~"~ ~ Jody S Smith Chief Deputy ~tc~ c~~~ s~~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/13/2009 12:15 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 1215 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, Court Order, upon the within named defendant, to wit: George L. Crawford, by making known unto himself personally, defendant at 4 Liberty Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/13/2009 12:15 PM -Mark Conklin, Deputy Sheriff, who being duly swam according to taw, states that on June 13, 2009 at 1215 hours, he served a.true copy of the within Complaint in Mortgage Foreclosure, Court Order, upon the within named defendant, to wit: Melinda K. Crawford, by making known unto George Crawford, husband of defendant at 4 Liberty Street Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.30 SO ANSWERS, June 15, 2009 R THOMlk6 KLlN HEr~FF 2009-1425 Beneficial .Consumer Discount v George Crawford ~q~l C~Co~-l~`-~ UDREN LAW OFFICES, P.C. 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 :lpadinQs(~ndren_nom Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. George L. Crawford Melinda K. Crawford Defendant(s) TO: Geor e L. Crawford 4 Libertyy Street Mount Holly Springs, PA 17065 Date of Notice: July 6, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 09-1425 Civil Term 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER 'I'OMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHO~, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND T_ IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US ~O~1.Z~AT'~PURPOSE. -~ f> rc'~ ; '~,,~°°' L.. STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQQUIRE ..-LOUIS A. SIMONI, ESQL7IRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. 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, SSQUIRS - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CSNTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ~ 1,~ad~Qr~Ca4vdren _ com Beneficial Consumer Discount Company djb/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. George L. Crawford . Melinda K. Crawford Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO'. 09-1425 Civil Term TO: Melinda K. Crawford 4 Libert Street Mount Holly Springs, PA 17065 Date of Notice: July 6, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICB: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES DEEMED TO BE A DEBT COLLECTOR AND.-THI IS AN ATTEMPT TO INFORMATION OBTAINED WILL BE US~ FORHAT-"'R~JRP058. ACT, THIS LAW FIRM IS COLLECT A DEBT. ANY STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE --LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corpporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 FiLf '-~ J~ ~ r ... LC'O~ JU~ l t f'i~ r ~ ~ ~-.~ l.l.l„v~ _ vi'v ! ~f ~I~}.oo PA A1't`f C~~ 13~ S(o 5 ~ aasi~q I~crkc.., ~-la,J~.~ ~~' ~ 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 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 djbfa Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania =Cumberland County Plaintiff v. ?MORTGAGE FORECLOSURE George L. Crawford Melinda K. Crawford 5N0. 09-1425 Civil Term Defendant{s) TO: George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 NOTICE Pursuant to Rule 236 of the Supreme Court of Pe ylv nia, ou are hereby notified that a Judgment has been enter ga' in the above proceeding as indicated below. ~ Protho y X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession 7~!?/O? Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY- Mark J. Udren Esquire _ At this telephone number: 856-669-5400 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 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. =MORTGAGE FORECLOSURE George L. Crawford •NO. 09-1425 Civil Term Melinda K. Crawford Defendant(s) PRAECIPE FOR WRIT OF BXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $173,144.08 Interest From 7 18 09 5,140.25 to Date of Sale December 9, 2009 Ongoing Per Diem of 35.45 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Attorneys for~P'l.aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Q ~~ 1 f Lr_u , , ., -.~o ~(;-'"~ ~ , i G 1 j;~ R~! i1. y ~1 v :,'~ ~ 3~..!'-~ ~~ S~ ~- ~~ ~'~s.~ ~ ~ ...'1 d ~a~.oo PA ATTy 50.3o CBF' 50, 3c '~ r/$ •50 lo.oo •~ !0. Oo •• 1.00• a.so ~~ ~ 01•x. (00 PU Al1'Y ~PoZ.ob QUE~.O • 50 4L e>G~ ~~s~5 ~ aaar~1 rzE ~ ~p.~,~,or UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 3TUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 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. :MORTGAGE FORECLOSURE George L. Crawford €NO. 09-1425 Civil Term Melinda K. Crawford Defendant (s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY : .~ ~S Attorneys fob-Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE L'~'(.,~~''.i~i~ Z~~9 ~~i~ 17 P~~ ~ ~ ~ ~l.~im'' :' T.~f r,.` 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. ARREMA, ESQUIRE - ID #203437 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. :MORTGAGE FORECLOSURE George L. Crawford €NO. 09-1425 Civil Term Melinda K. Crawford Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are. not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Attorneys f Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ,ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~.. C~J+~'. ,';~i.`~r ;.; UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF r' MARK J. UDREN, BSQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCRSST 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. =MORTGAGE FORECLOSURE George L. Crawford €NO. 09-1425 Civil Term Melinda K. Crawford Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer. Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 Liberty Street Mount Holly Springs, PA 17065 1. Name and address of Owner(s) or reputed Owner(s): Name Address George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None f 4. Name and address of the last recorded holder of every mortgage '' of record: Name Address Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co of Pennsylvania 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name- Address Tenants/Occupants 4 Liberty Street Mount Holly Springs, PA 17065 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 here:in are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 17, 2009 UDREN LAW OFFICES , P .~C(~. Attorneys f laintiff' MARK J. UDREN,, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE .,- 'fir ?~I-',~. c' r' ; r,~~ 2L'U4 ..r U;. 1 1 Pit l ~ i ;:~ 'rj: f i 1 ' I ..` f'4i ...`-i, ~ -~51~ ~ ', P ~ ~ ~. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRB - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingseudren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE George L. Crawford €NO. 09-1425 Civil Term Melinda K. Crawford Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Melinda K. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Your house (real estate) at 4 Liberty Street Mount Holly Springs, PA 17065 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $173,144.08, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TH8 SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 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 the 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THS OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GST LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 +, , UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARR J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial ':CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v. =MORTGAGE FORECLOSURE George L. Crawford NO. 09-1425 Civil Term Melinda K. Crawford Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George L. Crawford 4 Liberty Street Mount Holly Springs, PA 17065 Your house (real estate) at 4 Liberty Street, Mount Holly Springs, PA 17065 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $173,144.08, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 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 notice on page two on how to obtain an attorney.) 1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 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 the 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 iTDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU; WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. George L. Crawford Melinda K. Crawford Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS - ID #04302 - ID #45362 - ID #34576 - ID #75860 LRE - ID #203437 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-1425 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): George L. Crawford and Melinda K. Crawford PROPERTY: 4 Liberty Street, Mount Holly Springs, PA 17065 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 9, 2009, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY WALTER N. HEINE ASSOCIATES, INC., DATED DECEMBER 8, 1989 AND RECORDED IN PLAN BOOK 64, PAGE 90, AS FOLLOWS: BEGINNING AT A POINT IN WESTERN RIGHT-OF-WAY LINE OF 50 FOOT LIBERTY DRIVE, AT CORNER OF LOT NO. 5; THENCE ALONG LOT NO. 5, SOUTH 70 DEGREES 27 MINUTES 10 SECONDS WEST 102.81 FEET TO A POINT IN RIGHT-OF-WAY LINE OF PA ROUTE 94; THENCE ALONG RIGHT-OF- WAY LINE OF PA ROUTE 94, NORTH 20 DEGREES 03 MINUTES 31 SECONDS WEST 87.00 FEET TO A POINT; THENCE ALONG LOT NO. 3, NORTH 70 DEGREES 27 MINUTES 10 SECONDS EAST 103.59 FEET TCI A POINT IN WESTERN RIGHT-OF WAY LINE OF LIBERTY DRIVE; THENCE ALONG LIBERTY DRIVE, SOUTH 19 DEGREES 32 MINUTES 50 SECONDS EAST 87.00 FEET TO A POINT, THE PLACE OF BEGINNING. SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. 2. ALL RESIDENTIAL STRUCTURES SHALL HAVE A MINUMUM OF 1100 SQUARE FEET OF FINISHED LIVING FLOOR AREA. 3. NO MOBILE HOMES SHALL BE PLACED ON ANY LOT IN THIS SUBDIVISION. 4. NO DUMPING OR STOCKPILING OF MATERIALS OR OTHER ITEMS SHALL BE PERMITTED NOR THE ACCUMULATION OF ANY JUNK OR UNLICENSED VEHICLES ON ANY LOT WITHIN SAID SUBDIVISION. 5. TREE REMOVAL SHALL BE KEPT TO A MINIMUM TO PERMIT THE CONSTRUCTION OF A PRIMARY RESIDENCE AND GARAGE. 6. LOT OWNERS SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF A SIDEWALK ALONG THE STREET FRONTAGE OF THEIR LOT. SIDEWALK CONSTRUCTION MUST BE COMPLETED WITHIN THE YEAR OF LOT PURCHASE. THE SIDEWALK MUST BE CONSTRUCTED AS PER THE SPECIFICATIONS OF THE APPROVED PLAN OF SUBDIVISION. 7. THE DRIVEWAY TO THE HOUSE MUST BE PAVED WITH A BILUMINQUS OR CONCRETE FINISH WITHIN ONE YEAR OF THE COMPLETION OF ANY RESIDENTIAL STRUCTURE. 8. A RESIDENTIAL STRUCTURE MUST BE COMPLETED AND HABITABLE WITHIN TWO YEARS OF THE PURCHASE OF THE LOT. FAILURE TO ACCOMPLISH THIS SHALL GIVE THE DEVELOPER AN EXCLUSIVE OPTION TO REPURCHASE THE LOT FOR THE SAME PRICE AS THE ORIGINAL PURCHASE. AN OWNER OF TWO OR MORE CONTIGUOUS LOTS NEED NOT CONSTRUCT MORE THAN ONE RESIDENCE ON THOSE LOTS. BEING KNOWN AS: 4 Liberty Street, Mount Holly Springs, PA 17065 PROPERTY ID NO.: 23-35-2316-062 TITLE TO SAID PREMISES IS VESTED IN GEORGE L. CRAWFORD AND MELINDA K. CRAWFORD, MARRIED, AS TENANTS BY THE ENTIRETIES BY DEED FROM OAKWOOD HOMES, INC., A PENNSYLVANIA CORPORATION DATED 8/23/1996 RECORDED 9/25/1996 IN DEED BOOK 146 PAGE 466. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1425 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s) From GEORGE L. CRAWFORD and MELINDA K. CRAWFORD (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 $173,144.08 L.L. $.50 Interest from 7/18/09 to Date of Sale 12/9/09 ongoing per diem of $35.45 to actual date of sale including if sale is held at a later date - $5,140.25 Atty's Comm Due Prothy $2.00 Atty Paid $239.60 Other Costs to be added Plaintiff Paid Date: 7/17/09 Curtis R. Lon , oth not (Seal) gy; Deputy REQUESTING PARTY: Name: LORRAINE DOYLE, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST RD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576