HomeMy WebLinkAbout09-2261
UDREN LAN 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
pleadingseudren.com
Beneficial Consumer Discount ::COURT OF COMMON PLEAS
Company d/b/a Beneficial Mortgage ::CIVIL DIVISION
Co of Pennsylvania
961 Weigel Drive Cumberland County
Elmhurst, IL 60126
Plaintiff
V.
James W. Spagnoletti
Kathryne M. Spagnoletti
NO. OQ --
A;ZA at C
1 .
)'L 1
_
3922 Ridgeland Boulevard -
.
Mechanicsburg, PA 17050
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 for any other claim or relief
requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD
TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENB ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 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
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: 3922 Ridgeland Boulevard
MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township
COUNTY: Cumberland -
DATE EXECUTED: 7/15/04
DATE RECORDED: 7/20/04 BOOK: 1874 PAGE: 1145
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 orrefusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
3/2/09:
Principal of debt due $227,989.30
Unpaid Interest at 9.14%
from 8/20/08 to 3/2/09
(the per diem interest accruing on
this debt is $151.05 and that sum
should be added each day after
3/2/09) 21,823.99
Title Report 325.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Attorne s Fees (anticipated and actual
to 5t oy principal) 11,399.47
TOTAL $261,817.76
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 $261,817.76 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
UDR LA FFIC P.C.
BY: `
Attorney for Plaintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
-LOUIS A. SIMONI, ESQUIRE
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERN LINE OF
RIDGELAND BOULEVARD AND THE LINE OF ADJOINER BETWEEN LOTS 146
AND 147 ON THE HEREINAFTER MENTIONED PLAN OF LOTS: THENCE BY SAID
LINE OF ADJOINER SOUTH 2 DEGREES 41 MINUTES 0 SECONDS EAST, A
DISTANCE OF 155.0 FEET TO A POINT; THENCE SOUTH 87 DEGREES 19
MINUTES 0 SECONDS WEST A DISTANCE OF 100 FEET TO A POINT; THENCE
NORTH 2 DEGREES 41 MINUTES 0 SECONDS WEST ALONG THE LINE OF
ADJOINER BETWEEN LOTS 147 AND 148 ON SAID PLAN A DISTANCE OF 155.0
FEET TO A POINT ON THE SOUTHERN LINE OF RIDGELAND BOULEVARD
AFORESAID THENCE ALONG SAID SOUTHERN LINE NORTH 87 DEGREES 19
MINUTES 0 SECONDS EAST, A DISTANCE OF 100 FEET TO A POINT, THE PLACE
OF BEGINNING.
BEING LOT NO. 147 ON PLAN NO. 12 OF RIDGELAND, RECORDED IN
CUMBERLAND COUNTY RECORDER'S OFFICE IN BOOK 47, PAGE 125.
HAVING THEREON ERECTED A SPLIT LEVEL BRICK AND ALUMINUM
DWELLING HOUSE KNOWN AND NUMBERED AS 3922 RIDGELAND
BOULEVARD, MECHANICSBURG, PA.
March 6, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
EXHIBIT A
Page 1 of 1
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER:
James W. Spagnoletti
-t.-hrne MSS_pagnolett._.---_____.-_------- --
- --
3922 Ridgeland Blvd
MechanicshM, PA_ 17050
_71330300134053
_Beneficial Consumer Discount ComRa________.______
_HFC_or BFC Enti on Mortgage._._.-.--.------.--.-.--.-.-.-.-----___.
HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE RLIGiRiS FOR FiNANCiAi. ASSISTANCE
WHICH CAN SAVE. YOUR HOME. FROM FORRCi.OS TRF AND
HELP VOIT MAKE, FUTURE MORTGAGE PAVMFNTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE FACTO), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORE.Ci.OSUTRF. - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that
time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
NOTICE CALLED UHOW TO C:I TR F. YOUR MORTGAGE nFF A T I TO, EXPLAINS 14OW IQ
BRiNCT YCN TR MORTGAGE I TP TO DATE
C''ONSITM B CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
ofofdesignated consumer credit nuns ling agencies for the cou in =?hich the =1 erty is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediate 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.
10 1 YOU MIJST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure 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.)
NATJRF. OF THE DF.FAITIN -'The MORTGAGE debt held by the above lender on your property
located at:
3922 Ridgeland Blvd
Mechanicsburg, PA 17050
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 $1910.44 for September 20, 2008 through February 20, 2009 =
..-A114614A _-................ --__
Monthly Late Charges of 0 for September 20 2008 thr9ngh Februar 02009 =50.
Other charges (explain/itemize): .___-.__
_TOTAL AMOUNT PAST DUE: ----.-._-.--.-$1,
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not Mlicahle): WA
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 $11462-64. PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Pa=ents must he made either by each, cashier's check, certified cheek or money order made jja)rahle
and cent to
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 aM1icahlP ): ]y(A
Page 3 of 3
? IF YOU DO NOT CURE, THE. DEFAULT -- If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mo gagg 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
forecloses n your mortgaged property
IF THF. 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 you cure the default within the THIRTY (30) DAY rind_ yon will not he
rmquired to pay attorne ' fees-
OTHER LENDER RE.ME,DIF.S - 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. DF,FAULT PRIOR TO SHERIFF'S SALE. - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
pang the total amount then past due,, plus any late or other charges then due, reagonahle. attorn ev'c fee- and
cnsts connected with the foreclns u . sal . and-any other costs connected with the 4heriff - Sal as =ifie
in writing by the lender and by performing any other re . irement- 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.
FARi YFST POSSMIX SHF.RiFF'S SALE 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: HSBC Consumer
Address: 961 Weigel Drive
_Elmhurst; IL 611126
Phone Number: 1-800-333-5848
Fax Number: 1-630-617-6891
Contact Person: _Marvkate Woodworth
_........... _____._............... ........ _.... ..............
EFFECT OF SHERIFF'S SAi.E. - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION 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
f
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Page 6 of 6
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 10115/2007 10:03:08 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship,Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
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¦ A mailing receipt
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Important Reminders:
¦ Certified Mail may ONLY be combiged with First-Class Maila or Priority Maile.
¦ Certified Mail is not av4fable for an?;.& f international mail.
¦ NO INSURANCE COVERAGE JS,Afi ED with Certified Mail. For
valuables, please consider Insure I e red Mail.
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delivery. To obtain Return ReceiptWI Nyc'e, se complete and attach a Return
Receipt (PS Form 3811) to the artlel? !applicable postage to cover the
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cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
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Important Reminders: ?
¦ Certified Mail may OZI be comtlj? d with First-Class Maile or Priority Mail.
¦ Certified Mail is not available for an}?ol4t of international mail.
¦ NO INSURANCE C(WERAGE IS Alb
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valuables, please consider Insure&v red Mail.
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delivery. To obtain Return Receipt p complete and attach a Return
Receipt (PS Form 3811) to the arts plicable postage to cover the
fee. Endorse mailpiece "Return Receipt Rf uu To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
¦ For an additional fee, deliv MAY "6}.restricted to the addressee or
addressee's authorized agant. ise the Clark or mark the mailpiece with the
endorsement "Restricted Delivery'.
¦ If a postmark on the Certified Mall receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
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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.
UD FFICE P.C.
BY:
Attorney fo laintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
-LOUIS A. SIMONI, ESQUIRE
v . .
W
t rr
.?
w ?
? Cori
E <`}
GJ1
900
Sheriffs Office of Cumberland County
R Thomas Kline 0jr at cumbrry Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE OF Try $"ER[FF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/16/2009 02:54 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16,
2009 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: James W. Spagnoletti, by making known unto James W. Spagnoletti
personally, at 3922 Ridgeland Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its
contents and at the same time handing to him personally the said true and correct copy of the same.
04/16/2009 02:54 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16,
2009 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kathryne M. Spagnoletti, by making known unto James Spagnoletti, adult
in charge, at 3922 Ridgeland Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $53.90
April 21, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
j7i
De u y Sheriff
Docket No. 2009-2261
Beneficial v James Spagnoletti
-ICE
CAF T RLED HI [fi r ,?, )
2009 AP 2 7 AN 11: 3 f ,.
i
J1JtsZlV 1Jrsw vrrt-raz, r.%-.
MARK J. UDREN, ESQUIRE - ID
STUART WINNEG, ESQUIRE - ID
LORRAINE DOYLE, ESQUIRE - ID
ALAN M. MINATO, ESQUIRE - ID
CHANDRA M. ARKEMA, ESQUIRE -
WOODCREST CORPORATE CENTER
#04302
#45362
#34576
#75860
ID #203437
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
961 Weigel Drive
Elmhurst, IL 60126
Plaintiff
v.
James W. Spagnoletti
Kathryne M. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 2009-2261
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant (s) James W. Spagnoletti and Kathryne M. Spagnoletti 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 $261,817.76
Interest Per Complaint 12,990.30
From 3/3/09 to 5/27/09
TOTAL $274,808.06
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of which is attached hereto.
U,D?RE P. C.
?V.
Attorneys .for 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: ? ?1Q9
INDICATED
?) & J. - Q, "
s
R P OTHY D
.r140?,R.rawsace..«a:.s.wc^.x:.UVta?n?-i:?+?'.•:: ....wr ., ::. :..: ., :??.-: ,.?.:.?. .. ... .:,_. .. ,..; ..
2
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362 P
LORRAINE DOYLE, ESQUIRE - ID #34576 6 ?
ALAN M. KINATO, ESQUIRE - ID #75860
r~
CHANDRA M. ARKENA, ESQUIRE - ID #203437
n,.. -- 71
03
LOUIS A. SIXONI, ESQUIRE - ID #200869
WOODCREST CORPORATE CENTER
111 WOODCR.EST 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 Mortgage :CIVIL DIVISION
Co of Pennsylvania
961 Weigel Drive ;Cumberland County
Elmhurst, IL 60126
Plaintiff
V.
James W. Spagnoletti
Kathryn M. Spagnoletti € NO. 64 - ?• ??v?L ?? p,?
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
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 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 PER.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
Sheriff s Office of Cumberland County
R Thomas Kline
Sherd j
???crn al ?aaa?6r???
Edward L Schorpp
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OR= OF Tkw SWRIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/1612009 02:54 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16,
2009 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: James W. Spagnoletti, by making known unto James W. Spagnoletti
personally, at 3922 Ridgeland Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its
contents and at the same time handing to him personalty the said true and correct copy of the same.
04116/2009 02:54 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16,
2009 at 1454 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kathryne M. Spagnoletti, by making known unto James Spagnoletti, adult
in charge, at 3922 Ridgeland Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050, its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $53.90
April 21, 2009
SO cANSWERS,
R THOMAS KLINE, SHERIFF
I)e y Sheriff
Docket No. 2009-2261
Beneficial v James Spagnoletti
UDREN LAW OFFICES, P.C.
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LOR.RAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID4203437
LOUIS A. SIMONI, ESQUIRE - ID #200869
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITS 200
CHERRY HILL, NJ 08003
856-669-5400
DI adi nQa?,??r n om
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co of
Pennsylvania
Plaintiff
V.
James W. Spagnoletti
Kathryne M. Spagnoletti
Defendant(s)
TO: Kathryynne M. Sppagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Date of Notice: May 12, 2009
IMPORTANT NOTICE
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 2009-2261
YOU ARE IN DEFAULT 13ECAUSE 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 Y56R 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 AGENHES 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 TERMINO NECES DAD DE ECODIEZ (10) MPARARECER IUSTED EN T CORTE I0 EL TRIBUNAL
ALGUNAD D'ICTAR
SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOh,
IMPORTANTES. DEBE LLE?AR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI
USTED NO TIENE ABOGADO 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,
VAYA EN PERSONA 0 LLAMk POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA 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 COLLIC"Tnu PRACTICES ACT, THIS LAW FIRM IS
DEEMED TO BE A DEBT COLLECTOR ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE ED ,TAXJVURPOSE.
M. a Arkema,Y Esquire
A. Simoni, Esquire
st Corporate Center
crest Road, Suite 200
v +w+. ,mean yr r .a%.M.a, r . %..
J. UDREN, ESQUIRE - ID #04302
SrUIRT WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAX M. MINATO, ESQUIRE - ID #75860
CIEAWRA M. ARKEMA, ESQUIRE - ID 0203437
LOUIS A. SIMONI, ESQUIRE - ID #200869
WOODCREST CORPORATE CENTER
11.1 WOODCREST ROAD, SUITE 200
CIfEMY HILL, NJ 08003
856.669-5400
1 p?j nGjn ue3ren _ rem
Beneficial Consumer Discount Company
dlb/a Beneficial Mortgage Co of
Pennsylvania
Plaintiff
V.
Janes W. S agnoletti
Kathryne MP spaDgnoletti
efendant(s)
TO: James W. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Date of Notice: May 13, 2009
IMPORTANT NOTICE
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 2009-2261
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 YMR 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 AGENCfES 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 TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN
NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHkR PREUBA ALGUNA DfCTAR
SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECH06,
IMPORTANTES. DEBE LLEhR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI
USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE P{JEDE 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
DZZMZD TO
INFORM ATIONEOBTAIBNEDCWILLCBER T TAPUR OSE. TO COLLECT A DEBT. ANY
Stuart Winneg, Esquire
Lorraine Doyle, Esquire
Alan M. Minato, Esquire
Chandra M. Arkema, Esquire
*,Louis A. Simoni, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, New Jersey 08003-3620
'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
James W. Spagnoletti
Kathryne M. Spagnoletti :NO. 2009-2261
Defendant(s)
STATE OF NEW JERSEY
AFFIDAVIT OF NON-MILITARY SERVICE
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:
Age.
Residence:
Employment:
Defendant:
Age:
Residence:
Employment:
James W. Spagnoletti
Over 18
As captioned above
Unknown
Kathryne M.
Over 18
As captioned
Unknown
Sworn to and subscribed
before me this 27th day
f May, ),7kV_A
/ 0U %'L/kJ L\tQ
otary Public
Spagnoletti
above
Name : -?
Title: ATTORNEY_F'OR -PLAINTIFF
Company: UDREN LAW OFFICES, P.C.
URA STEAKS
INUf WFIAKOFNEMS EY
C*Mft n6 j0/1SW3
UD N W OFF E ,
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
James W. Spagnoletti
Kathryne M. Spagnoletti NO. 2009-2261
Defendant(s)
TO: James W. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are
hereby notified that a Judgment has been entered against you in the
above proceeding as indicated below.
Prothonotary
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
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
r"
`??"` UDREN LP,W OFFICE ,?~P . . ATT052 E- Y "FOR ?PLAINTIF `?`?" -?
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID 045362
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
James W. Spagnoletti :NO. 2009-2261
Kathryne M. Spagnoletti
Defendant (s)
TO: Kathryne M. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are
hereby notified that a Judgment has been entered against you in the
above proceeding as indicated below.
Prothonotary
X Judgment by Default
Money Jui
Judgment
Judgment
Judgment
Judgment
Judgment
figment
in Replevin
for Possession
on Award of Arbitration
on Verdict
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
2Gli9 r r.`i ( 7 Pf 1 G
Cu??
t : ;T y t
,+1#4.oo Po ATTY
ex# j3010'70
P.# as r/sf
No-koe, LAa .Ud
U512W LAW . TO EY F LA TI F -?
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
James W. Spagnoletti ENO. 2009-2261
Kathryne M. Spagnoletti
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please issue Writ of Execution in the above matter:
Amount due
$274,808.06
Interest From 5/28/09 14,802.90
to Date of Sale September 2, 2009
Ongoing Per Diem of 151.05
to actual date of sale including if sale is
held at a later date
(Costs to be added) $
UD OFFICES, C.
BY'--
Attorneys
for Tqa4mt1-fT--------
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
0
nt? ` ?. t
r ti
p ,rry
P
00
X53 qo ?gF
IS a? N
a?
PaTY
4. eve co
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C1 4 j3aDlQ
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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
James W. Spagnoletti :`N0. 2009-2261
Kathryne M. Spagnoletti
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 C.
BY:
Attorneys `fare--Pla`iff
MARK J. UDREN, ESQUIRE-
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
2409 4K;l: f 2? F `' u
f y ..
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
James W. Spagnoletti NO. 2009-2261
Kathryne M. Spagnoletti
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: 3922 Ridgeland
Boulevard, Mechanicsburg, PA 17050
1. Name and address of Owner(s) or reputed owner(s):
Name Address
James W. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Kathryne M. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
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
4. Name and address of
of record:
Name
Beneficial Consumer
Discount Company d/b/a
Beneficial Mortgage Co
of Pennsylvania
Address
961 Weigel Drive
Elmhurst, IL 60126
4910 Carlisle Pike,
Suite 104-Hampton Center,
Mechanicsburg, PA 17050
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.
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
1 Courthouse Sq.,
Carlisle, PA 17013
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 3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and
correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities.
DATED: May 27, 2009
the last recorded holder of every mortgage
UDR_ EN LAkl- ?F P. C.
Attorneys for
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
.., ..
rvLi1J i ? v 1
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
James W. Spagnoletti NO. 2009-2261
Kathryne M. Spagnoletti
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: James W. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Your house (real estate) at 3922 Ridgeland Boulevard
Mechanicsburg, PA 17050 is scheduled to be sold at the Sheriff's
Sale on September 2, 2009, at 10:00 A.M. in the Commissioners
Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the
court judgment of $274,808.06, 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.)
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 Sheriffs 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
i
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
James W. Spagnoletti NO. 2009-2261
Kathryne M. Spagnoletti
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Kathryne M. Spagnoletti
3922 Ridgeland Boulevard
Mechanicsburg, PA 17050
Your house (real estate) at 3922 Ridgeland Boulevard
(Hampden Township)Mechanicsburg, PA 17050 is scheduled to be sold
at the Sheriff's Sale on September 2, 2009, at 10:00 A.M. in the
Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA,
to enforce the court judgment of $274,808.06, 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.)
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 maybe 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 TARE 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
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2261 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s)
From JAMES W. SPAGNOLETTI and KATHRYNE M. SPAGNOLETTI
(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 $274,808.06
L.L. $.50
Interest from 5/28/09 to Date of Sale 9/02/09 - ongoing per diem of $151.05 to actual date of sale
including if sale is held at a later date - $14,802.90
Atty's Comm % Due Prothy $2.00
Atty Paid $172.90
Plaintiff Paid
Date: 5/27/09
(Seal)
REQUESTING PARTY:
Name: MARK J. UDREN, ESQUIRE
Address: UDREN LAW OFFICES, PC
Other Costs to be added
r
R. Long, Prothonotary
By:
Deputy
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
Attorney for: PLAINTIFF
Telephone: 856-669-5400
Supreme Court ID No. 04302