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Home My WebLink About09-2264e/ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 V. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh 342 Doubling Gap Road Newville, Pennsylvania 17241 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number X- d'?Ult CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ]a corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. The Defendant is Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 342 Doubling Gap Road, Newville, Pennsylvania 17241. On May 25, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1952, Page 2012. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 342 Doubling Gap Road, Newville, Pennsylvania 17241-9446. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $ 139,340.87 Interest through March 3, 2009 $ 15,631.54 (Plus $34.13 per diem thereafter) _ Attorney's Fee $ 1,250 00 GRAND TOTAL $ 156,222.41 7. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $156,222.41, together with interest at the rate of $34.13 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWWAAY,P.C EY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE C..e? T nstrument was prepared by. r"3 ERT P. Z I E G l.E NANCY J DITZEL - Name 419 VILLAGE DR, STE 2, CARLISLE, PA. 17013 A 706 i'iRY 30 PSI 3 30 Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547-8776 UPI # 15-07-0483-012B 711715 M RTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 25TH of MAY 2008 , between the Mortgagor, PAMELA HEDR I CK , NOT STATED (herein ?- 'Borrowerw) an ortgagee D-MA BEIEF I C I AL MORTCAW 00 OF PUAWLYANIA a corporation organ a existing u t aws w address 1s 419, V I LLAOE DRIVE, SUITE 2, CARLISLE. PA TV!t r_V__1 The following paragraph preceded by a checked box is applicable. L2--J WHEREAS, Borrower is indebted to Lender in the principal sum of S? r??o evidenced by Borrower's Loan Repayment and Security Agreement or SocoJ ndir Agreement dated 'K rtgage L-,an V. 25. 2WS and any extensions or renewals thereof (herein "Note"), providing or monthly 1 menu o primpal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on MAV Zr, 2M C7 WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving-I, an went ated and extensions and renewals thereof (herein "Note"), providing for mon y mate ment-s an interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the, r , epayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to Lender and Lender's successor; and assigns the following described property located in the County of CUMWRLAND Commonwealth of Pennsylvania: SEE EXHIBIT A-LEGAL DESCRIPTION 11rIR 11-11-05 MTG "H46aC74E209WB#OOOPA0013010"+41EORICK N ORIGINAL 952N.20 ? z exhibit A PA001301 03106/2009 8:30:37 AM CUMBERLAND COUNTY inst.# 200618506 - Page 1 of 10 -2- TOGETHER with all the improvements now or hereafter erected on the property, and all casements, rights, appurtenances and rents, all of which shall be doemod to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and a&= as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments ate accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal duo under the Note; (c) amounts duo under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-05 WG PN46aC74E2090Mr09000PA0013020mmKORICK M ORIGINAL 191952M2043 PA001302 03/06/2009 8:30:37 AM CUMBERLAND COUNTY Inst.t120DO18506 - Page 2 of 10 -S- and the late charge. If more than one Periodic Payment is outstanding, bender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such exoas may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Peridic Payments are duo under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) tams and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leaaehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 3; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and when payable, the amounts due for any Escrow Items for which payment of Funds has boon waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be doomed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount duo for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lander may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan' even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, if Lender is an institution whose deposits are so insured) 11-11-06 MTG PA001303 "1446K74E209WTG9000PA0013030M"NEORICK " ORIGINAL GK19.52PG2014 . , a. -. r '..1C} 03/0612009 8:30:37 AM CUMBERLAND COUNTY Instl 200618506 - Page 3 of 10 -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Barrow Items, unless Loader pays Borrower interest on the Fronds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds, Leader shall give to Borrower, without charge, an annual accounting of the Punds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RBSPA, Lender shall account to Borrower for the excess funds in acoordanoe with RESPA. If there is a shortage of Funds hold in escrow, as defined wader RESPA, Lender shall notify Borrower so required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RBSPA, but in no more than 12 monthly payments. If there is a deficiency of Punds held in ascrow. as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shalI pay to Leader the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, bender shall promptly refund to Borrower any Funds hold by Lender. 4. Prior Mortgages and Deed of Treat; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortpge, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter a.ccted on the Property insured against loss by fire, hazards included within the term 'extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Lander may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by lender to Borrower that the insurance carrier offers to settle a claim for insurance bandits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to thesums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any least if this Mortgage is on a leasehold. If this Mortgage is on s unit in a condominium or a planned unit development. Borrower shalt perform all of Borrower's obligations under the declaration or covenants creating or 11-11-05 MTG "H46BC74920$WrogoooPA0o13o4 N"DRICK " ORIGINAL PA001304 M-1:55ZIM20 IS 03106/2009 8:30:37 AM CUMBERLAND COUNTY Inst.# 200618506 - Page 4 of 10 -S- governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Leader's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or it any action or prooeediag is commenced which materially affects Loader's interest in the Property, then Leader, at Leader's option, upon notice to Borrower, may make such appearances, disburse such sums, including resemble attorneys' fees, and tape such action as is necessary to protectLendees intavuL Any amounts disbursed by Leader pursuant to this paragraph 7, with interest thereon, at the contract rate, stall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts stall be payable upon notice from Leader to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made resemble entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby saaignesd and shall be paid to Leader, subject to the terms of any mortgage, dead of trust or othersecwity agreement with a lien which has priority over this Mortgage. 10, Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortisation of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commenoe proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successora i n interest. Any forbearance by bender in exercising say right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. S uccessors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained stall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgages. grant and convey that Borrower's interest in the Property to Lander under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lander and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borroweresconsent and without releasing that Borrower or modifyingthis Mortgage asto that Borrower'siaterest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Leander as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mannerdesignated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the auto and local laws applicable to this Mortgage shall be the laws of the iurisdictionia,whichAk& .ont1ita Ahe.avolicability 11-11-05 M% 11N458C74E2091arTa9000PA00130SONWDRICK K ORIDIMLL PA001305 8K 1'9-5 2 PG 2 0:1 6 03/0612009 8:30:37 AM CUMBERLAND COUNTY InsL# 200618506 - Page 5 of 10 -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower ahall be furnished a conformed copy of the Note and of this Mortgage st the time of execution or after recordation hereof. 1 S. Rehabilitation Low Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materialsor eorvices inconnection with improvements made to thePnnx ty. lb. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or lose not containing an option to purchase, (d) the creation of a purchase money security interest for houeclwld appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a trsnader where the spouse or children of the Borrower became an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer Into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition dworibed in tegWations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Leader exercises such option to accelerate, Lender shah mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not lass than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due, If Borrower We to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follow 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortpge, Lender prior to acceleration shalt give notice to Borrower as provided in paragraph 12 hereof specifying (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the suss secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The 11-11-05 MTG "H46=74E2090A ODDOOPA0013060""HEORICK ¦ ?IlfllHAL IKI 9:52- PG 2, 4 t'7 PA001906 03/06/2008 8:30:37 AM CUMBERLAND COUNTY Instl 200618506 • Page 6 of 10 -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. U the breach is not cured on or before the date specified in the notice. Leader, at Leader's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Leader shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to. reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage it. (a) Borrower pays Lander all sums which would be than due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgsds; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Leader's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' foes; and (d) Borrower takes such action as Leader may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costa of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to amount only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law, 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 11-11-05 MfG ` PA001307 N144a6C74E2090M700000PA0013070*NHEORICK ¦ GRIGIWIL 8K1952 P2048 03/0612009 8:30:37 AM CUMBERLAND COUNTY Inst.# 200618506 - Page 7 of 10 -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF 'T'RUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbraox with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior ancumbra a and of any sale or other foreclosure action. PANIZA UMCE - er _ wer I hereby certify that the precise address of the Lander (Mortgagee) is: 419 TILLAGE Dun, SMTE 2, II.ISLB, PA. 17013 personally known to me or proven sats y to be the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and acknow S he signed and delivered the said instrument as WM free voluntary ai, for the uses and purposes therein set forth. Given under my hand and official seal, this 25TH day of UT , W 4* 00MOMEALTH OF PE NNSYLVAMA NOtaIIN seal My Commission expi Fk a M. Yoyt Notary Pudic Noah Mdddw Twp . OnltwwW Cow* rNY Comruaaion E?gfina6 sMq? 21, 2008 otary c Member, Pennsylvania Asaodalbn of Wohrbe MAMA COMMONWEALTH OF PENNSYLVANIA, County ss: 1. a Notary Public in and for said county and state, do hereby catty that personally known to me or proven satisfactorily to be the same persons w name(B) subscribed to the foregoing instrument, appeared before me this day in person, and acknowTe3g-c-Mi he signed and delivered the said instrument as free voluntary actor the uses and purposes therein act forth. Given under my hand and official seal, this day of 20 . My Commission expires: Notary Public } _T 11-11-05 MTG ( PA001304 1 ' •H46K74f2090MT09000PA0013080KNNE0RICK " ORlOIML K1-'952:P6.20 1--9 03/0612008 8:30:37 AM CUMBERLAND COUNTY Inst.# 200618606 - Page 8 of 10 On behalf of the Lender. By: jjkAdj" f DITM Title. S.A COMMONWEALTH OF PENNSY AN , County as: I, FUZA M o0G'Jf s Notary Public in and for said county and state, do hereby -9- (SPW4 Below This Line Reserved For Lender end Recorder) 11-11-05 MTG I NH408C 4E20806R08000PA00130B0*eHE0RICK ¦ OR101NAL FADDISH 03106!2009 8:30:37 AM CUMBERLAND COUNTY Inst.11200618506 - Page 9 of 10 EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF LONER MIFFLIN IN THE COUNTY OF CU gEpA.AND AND COMMONWEALTH OF 11/08/L2004IAND RRECORDEDE11/222/20044,AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH A80VE, IN DEED VOLUME 286 AND PAGE 1662. TAX MAP OR PARCEL ID ND.: 15-07-0483-0128 T Certify this to be recorded In Cumberland County PA A?1. Rk Recorder of Doods MH46SC74E2080MfC9000PA0019000MNHE0RICK ORIGINAL 19`4:I Z? {'/ il'i 02 1 03106/2009 8:30:37 AM CUMBERLAND COUNTY Inst.# 200618506 - Page 10 of 10 FH.f:C}-}} r1CE OF THE 2089 APR 1 3 AM l l: 2 1 cul Li 4V?1 ?? it!! ?d ?" 1k r? ,4dkj S',O SG ?# a. a3 su 5 Sheriffs Office of Cumberland County R Thomas Kline o?,tp of 4crrrpbery? Edward L Schorpp Sheri' Solicitor tY k:?; ` Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF T"4E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/15/2009 04:15 PM - Valerie Weary Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 1615 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela Hedrick by making known unto Wesley Fickes, boyfriend of defendant, at 110 goodyear Road, Carlisle, Cumberland County, Pennsylvania, 17015, its contents and at the same time handing to him personally the said true and correct copy of the same. 04/18/2009 10:55 AM - 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: Pamela Hedrick, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Pamela Hedrick. The defendants address 342 Doubling Gap Road Newville Cumberland County, Pennsylvania 17241 is vacant. The Newville postmaster has given a new address of 110 Goodyear Road Carlisle, PA 17015 for the defendant. SHERIFF COST: $64.30 April 22, 2009 2009-2264 Beneficial Consumer Discount Co. SO ANSWERS, I& OWN- a 01 000 e, 00V R THOMAS KLINE, SHERIFF r By Deputy Sheriff VS Pamela Hedrick FILE D- .,,_. t?j ug OF THIE 2009 MAY 14 Ph 4: 2 b 7 Pt h {1?^?? 11J''?`11$ ?Jr1 ?qy V/ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2264 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/04/09 to 05/26/09 $ 156,222.41 $ 2,866.92 Total $ 159,089.33 (AL, TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this Aoday of2009, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendant, Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh, and damages are assessed in the amount of $159,089.33, plus interest and costs. BY THE PROTHONO RY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2264 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh, is over eighteen (18) years of age, and reside as follows: Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh 342 Doubling Gap Road Newville, Pennsylvania 17241 SWORN AND SUBSCRIBED BEFORE ME THIS 26`h DAY OF May , 2009 OTARY PUBLIC o- MMSYLVA IA NOTARIAL SEAL -- :'?;.ONA D. MITCHELL, Notary Public City of Philadelphia, Phila. Courty ' IN Commission Expires June 2, 2011 qln&xA?- Vv TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff H OI Cum Curt Long Prothonotary To: Pamela Hedrick a/k/ a/k/a Pamela Russel 342 Doubling Gap Newville, Pennsylvrd Beneficial Consumer Beneficial Mortgage VS. Pamela Hedrick a/k/a Pamela Russell a/k/a NOTICE IMPORTANT YOU ARE IN DEFAULT BECAUSE Y WRITTEN APPEARANCE PERSONALLY O WRITING WITH THE COURT YOUR D CLAIMS SET FORTH AGAINST YOU. U DAYS FROM THE DATE OF THIS NOTICE, A' AGAINST YOU WITHOUT AHEARING AND Y( OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOI DO NOT HAVE A LAWYER, GO TO OR TELEI BELOW. THIS OFFICE CAN PROVIDE YOL HIRING A LAWYER. IF YOUCANNOT AFFORD TO HIRE A LAWV TOPROVIDEYOU WITHINFORMATIONA101 LEGAL SERVICES TO ELIGIBLE PERSONS A7 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS and County Courthouse, Carlisle, Pennsylvania 17013 May 13, 2009 Pamela 'M Hendrick ? a Pamela Neidigh EXHIBIT A is 17241 Company d/b/a I Cumberland County of Pennsylvania Court of Common Pleas ? M Hendrick a/k/a Neidigh Number 09-2264 NOTICE, RULE 237.5 r PRAECIPE TO ENTER JUDGMENT BY DEFAULT NOTIFICACION IMPORTANTE I HAVE FAILED TO ENTER A USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA l'S OR OBJECI7ON$ TO THE PERSONALMENTE 0 FOR ABOGADO Y FOR NO HABER RADICADO POR ,S YOU ACT WITHIN TEN (10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LAS UDOMENT MAY BE ENTERED REmAMOS FORMULADOS ON CONTRA SUMO. AL NO TOMAR LA UMAYLOSEYOURPROPERTY ACCION DEBIDA DENTRO D6 DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE IR LAWYER AT ONCE. IF YOU COMPARECER USTED UN CORTE U OIR PREUBA ALOUNA, DICTAR HONE THE OFFICE SET FORTH SENTENCIA EN SUCONTRA YUSTED PODRIA PERDERBIENES U OTROS WITH INFORMATION ABOUT DERECHOS RMPORTANTES. USTED LE DEBE TOMAR FSTE PAPEL A SU ABOGADO 1t, THIS OFFICE MAYBE ABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TAGENCIESTHATMAYOFFER TELEFONP,A LA OFICINA EXPUSO ABARO. ESTA OFICINA LO FUME A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONARPARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLFS EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 ?-? (800) 990-91 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE swg McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 09-2264 Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter i ched hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED TERRENCE J. McCABE, ESQUIRE BEFORE ME THIS 26`h DAY MARC S. WEISBERG, ESQUIRE OF May , 2009 EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff TARY PUBLIC " `;.._ NWBgLTHOFPE_`??tiv?M1A GLORIA p OTARIAL SEAL, Cily of PhdadeJphr We0ha, ELI, No4 Phila. ry` Public M Commission Expires Jw?e??t 1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. J TERRENCE J. MCCABE, E QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ?. P? 1? iv pro Akj ??aJ *u?y4 1. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh 342 Doubling Gap Road Newville, Pennsylvania 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh No. 09-2264 Defendant NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. jt? Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe Weisberg and Conway. P.C. at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff v. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2264 SUPPLEMENTAL AFFIDAVIT OF SERVICE n ca `- ~. -o L9 ~} ~ ~; ~ `~ ~l ~. ='~ = - ~ L;. ~ ~ f` r , ~ ~ 5~ [~". ':. `== i ~~ ._'- I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 2"d day of February, 2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 21'1D DAY OFF BRUARY, 2010/' ~1 F 0,1 l1 ~ ~I ~rna ~l...Q 1 A ARY PL.~LIC srac~--~~ r~. ~ c~~~r~~zl_, Netar,~ Pt'blic City ofi Phi{a~el~hia, Phi;a. Gc~,r;r~y __: -,.~~Y..Cr~mrn~ rvinrr ~=~ ires~,1~~ 1C! „?017__ C ~'/ V~ TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 X215)790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 09-2264 Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 342 Doubling Gap Road, Newville, Pennsylvania 17241-9446, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owner or Reputed Owner Name Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Address 342 Doubling Gap Road Newville, Pennsylvania 17241 Name and address of Defendant in the judgment: Name Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Address 342 Doubling Gap Road Newville, Pennsylvania 17241. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address FCC Investment Trust I 1345 Avenue of the Americas 6th Floor New York, New York 10105 National Capital Management, 8245 Tournament Drive, Ste. 230 LLC Memphis, TN 38125 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Lower Mifflin Township Address 529 Shed Road Newville, Pennsylvania 17241 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 342 Doubling Gap Road Newville, Pennsylvania 17241-9446 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. February 2, 2010 TERRENCE J. McCABE, ESQ IRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff v. Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k/a Pamela Neidigh Defendant DATE: February 2, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-2264 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Pamela Hedrick a/k/a Pamela M Hendrick a/k/a Pamela Russell a/k!a Pamela Neidigh PROPERTY: 342 Doubling Gap Road, Newville, Pennsylvania 17241-9446 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 3, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in 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 than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ~s Ny, ~ f ~,~' fir' ~. .. `9~F U`