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Home My WebLink About09-7298I 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 .469ANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com Beneficial Consumer Discount ::COURT OF COMMON PLEAS Company, d/b/a Beneficial € CIVIL DIVISION Mortgage Co of Pennsylvania 961 Weigel Drive ,Cumberland County Elmhurst, IL 60126 Plaintiff V. Elvin B. Diller, Jr. 6859 Wertzville Road NO. 69 Enola, PA 17025 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 F AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O MAKE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 It 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 C 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. 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: 6859 Wertzville Road MUNICIPALITY/TOWNSHIP/BOROUGH: Silver Spring Township COUNTY: Cumberland DATE EXECUTED: 3/10/00 DATE RECORDED: 3/13/00 BOOK: 1599 PAGE: 1120 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 9/30/09: Principal of debt due $141,557.18 Unpaid Interest at 11.74% from 3/15/09 to 9/30/09 (the per diem interest accruing on this debt is $45.53 and that sum should be added each day after 9/30/09) 31,971.79 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Attorneys Fees (anticipated and actual to 5% of principal) 7,077.86 TOTAL $181,211.83 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. E WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $181,211.83 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BYJ CODUff&J?! I"I?y Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE i 4" "S oa lT'U tract of ].sad cixuace is Silver 8 Ctimberlann County, Aeoa exaaaoe s ic?! X11° ?r'iY D. M rK'teCiCO Ise„ as teilonn, co ait c Seelv+e1oII plea c! $tspbOp APesad by Ao$er C. Matson Suryoying gervicyO a?eM a+ •wt But an t809iMi?, aeid point Ox hsp9 $ 8t(tte took' DA 0044. nexthrMaacelrc ed icated r ? being resvilla ea? Of Omar" Cakovich, taeeoe QOraer of Wc1, d140" of ? orcf cokovicu aw the laadt of ot law* of now at tp?ar2 riy NCncde Fatt,.6 dlatanoe of 3a't IOUkb 07 dt5reea z@ m?t?cc tbmu* e by tug lands of Lee #1, S82 Can de a COttcrete 7 tacanaa Meet. a dittanos Of 252.7¢ test toar? !0 6?+xae 40 iatt by the Kest; 02 "great 30 mizur o0A0Dcftte ?etet; zh B of 24780.4W9 last to a oon¢rste amt, 0-ds "Oit, a dil[taupe aCx+ass 30 minutes. DD aecenp, heat. a distance by zhoiaame OCTor t aut to ti p yte 3?D3.81 teed , deed distance Op:ravtkd,w382.ee Ux miauCaa D 30 D 0a= D Mat dist n^oasaAtme, ootcai+ere acc, CC log. OO4 :feet co M2CgDCT6xe Let f3, a northern a'ato r O e bei- the oetG= Cotner of apid "t tI, aed On right of the eOL'Cbetn OOQicgtOC aaY line-le` Dcate LhO eoutharn right 02 we Aced SA WOreh 87 Y of stab fond gR ZUVILIa Ao?t ahr:.ce py, feet to t?ira.ee 3o adswxee aD wooads Bout, a e:vials ROaC, P1eoe Of =iSwbG. ox Sii. iD Go4oy detigaa as Lot ?,e ? 106".' to pJ.ea cook 76, t No. . s an the W'Otl-I0aea Plan ae > ew , Dd 2MW Z23,824.40 a rst? ittti'e tee[ oar 2.&43 Amapa . W'RT Q8 Taft tW'RS dawhieb red 221" A. Diller and Derlmu; A. fv "Ptowur 'T.thair "" the Otlidg OehslR?losdere! and eoetatyad to ge?n 8 oyd book 8, Volume 35,. P 987 D d Diller. 9=pAj' ea • E' E September 10, 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. Page 1 of 1 _XHIBIT A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Elvin B Diller, Jr. __._.__.--_.--._....... _ -_.----.--.-.-.-- 6859 Wertzville Road _EnoI1.PA 17025 ____.___.-_ _.71330300133671__-- ----._----- _._._._. _.-Beneficial Consumer Discount Co Beneficial Consumer Discount Company HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE. WHICH CAN SAVE. YOUR HOME, FROM FORE.CLOSIME. AND HELP YOU MAKE FUTURE MORTGAGE. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), 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 FOREC-LOSITRE, - 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 THE NEXT ('It) DAYS. IF YOU DO NOT APPT.Y FOR EMERGENCY MORTGAGF. ASSTSTANCF,, YOT J MI JST RRTNG YCH TR MORTGAGE T JP TO DATR. THE. PART OF THTS NOTTCF CALT RD 014OW TO CT JRF Y01JR MORTGAGE DF.FAT JI TO, EXPLAINS HOW TQ BRING YOT JR MORTGAGE T JP TO DATE CONSITME.R CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The named addresses and telei hnne numbers of designated consumer credit counseling agencies for the county in which the ameHv 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_l of your intentions. APPLICATION FOR MORTGAGE, ASSISTANCF, - 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 face- to-face meeting. Page 2 of 2 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIlMIE 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.) NATURE. OF THE DRFAITLT - The MORTGAGE debt held by the above lender on your property located at: 6859 Wertzville Road Enola, PA 17025 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 ofj1459.18 for April 15 2009 through August 15, 2009 = $7295.90 _Mon_th.yLate Charges of 00 for APri115, 2009 through August 15, 2009 =._ 0.00_ ............... _. Other charges (explaWitemize): -________ _TOTAL AMOUNT PAST DUE: _---------------.-._......-.--____-_ ............. .................... ?S7225.24_. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not p licahle): WA 14OW TO CITRF THE DEFAIJI.T - 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 $7295-90, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pwments must he mane either by cash, ca bier's check, certified check or money order made payable and sent 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 aplicahle_l: NA IF YOU DO NOT CURE, TIIF. 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 mortgau . debt- This Page 3 of 3 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 foreclose n your mnrtgag d pmpaU, iF TRF. MORTGAGE. IS FOREC LOSF.D 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 von cure the default within the THIRTY (30) DAY period, you will not he required to p" attorney's fees- OTHER LENDER RF.MFDiE.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. DEFAULT PRIOR TO SHERIFF'S SALF. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour hefore the Sheriff's Sale- You may co by pang the total amrnmt then ast du lns any late or other charges then due, reasonable attorn .3?'c fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as sv=ifled in writing by the lender and hyp erfnrn,ing any other re r its under he mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ARi.iE.ST POSSIBLE SHF,RiFF'S SALE DATE. - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: - HS?C -_.--.-.--.--.-.------.-._-- --------._.__._._._----..__.-.------................. ___ Address: 961 Weigel Drive -Elmhurst., 1L 60126 ---T__--.--_--.-.--------------_-.-.- . -- ._._._._ Phone Number: 800-333-5848 Fax Number: 630-617-6891 Contact Person: _Mar!3j@ _Woodworth.__.-.-.-.-_.-_. F.FFF,C:T OF SHF.RiFF'S SAi.F. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSITMMON 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 1 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT 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 6of6 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 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 0 7 Q n 0 t 'r rY Q N ff' Ir Ire ra r IL IA M m ?.?.? m -0 m . n postage $ ADI ru ti Certified Fee ? ? Postmark .?.?? O O O O Retum Recut Fee (Endorsement Required) eQ '] 0 Here G O Restricted Delivery Fee 0 ??¦ O (Endorsement Required) r .?? r-9 = r-I Total Postage & Fees r ?.??. A r-R --- CIO co Sent To -? r DAk ? v _ o M? C3 o O - ---------- .-- Street. 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[UOA!lep;o pJOOea V ¦ ooe!di!ew anon( ao; jagpuep! anb!un V ¦ id!aosi Bu!!!ew y ¦ :SBPIAOad Ift pe111IJ83 A, t . V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: (/J &%I Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE E: OS _ ? I E ,9 78. soar d A-l e0 /39/49 4 ' . h -L 4--a3Ly Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant $tl5ttq ?t iritruGnrt,??f$ FILED CirFCE OF THE FROTH MTARY 2009 OCT 28 AM 9: 42 'OUNTY PENNSYLV" Edward L Schorpp Solicitor Beneficial Consumer Discount Company Case Number vs. Elvin B Diller, Jr 2009-7298 SHERIFF'S RETURN OF SERVICE 10/23/2009 04:34 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2009 at 1634 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Elvin B. Diller, Jr., by making known unto Elvin Diller III, son of defendant at 6859 Wertzville Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 27, 2009 SO ANSWERS, ?x 'aei? 4et-0 R THOMAS KLINE, SHERIFF By IZZ De ty Sheriff UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 •LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Plaintiff v. Elvin B. Diller, Jr. 6859 Wertzville Road Enola, PA 17025 Defendant (s ) ATTORNEY FOR PLAINTIFF n "~-' _ ; -- ~ ~? "'~ ~ - r ~' , _i tV - ~'' COURT OF COMMON PLEAS. ,., CIVIL DIVISION - _ 5' -r Cumberland County ~=- ~~S r ., ' _., c~ NO. 09-7298 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 22, 2010 U 0 ICES, P.C. BY: Atto~e~-~'or Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~S A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF ,MARK J. UDREN, ESQUIRE.- ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 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 Elvin B. Diller, Jr. €NO. 09-7298 Civil Term Defendant(s) AMENDED 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: 6859 Wertzville Road, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Elvin B. Diller, Jr. 6859 Wertzville Road Enola, PA 17025 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 Motor-vation, Inc. 7042 Wertzville Rd. Mechanicsburg, PA 17050 Great Seneca PO Box 1651 Financial Corp. Rockville, MD 20849-1651 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer 961 Weigel Drive Discount Company, d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co of Pennsylvania Wells Fargo Financial 4900 Carlisle Pike Store B-1 America, Inc. Mechanicsburg, PA 17050 Robert G. Derrickson, Jr 80 Old Quaker Road an Unmarried Widower Etters, PA 17319-9145 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 6859 Wertzville Road Enola, PA 17025 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: January 22, 2010 UDREI~ LAJ '~RSFF ICE S , P . C . BY: Attorneys aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE •~OUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Elvin B. Diller, Jr. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-7298 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S ,SALE OF REAL PROPERTY OWNER(S): Elvin B. Diller, Jr. PROPERTY: 6859 Wertzville Road, (Silver Spring Township) Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 3, 2010, at 10:00 A.M., in t he Commissioner's Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. m ~' ~~ L 0 O co 0 U1 i n c (D v T O W V V m Q c N A O 3 c Q n ec a a `G ~c 3 al 0 ~D 7 r ~ .~ ~ ~ ~ ~ ~ c0 00 ~I O V7 ~• W N r Z ~ ~; o W fl? ~ as W N s O ~ ~ Dv V)Q~ n ~ 7 ~ ~ < c f D ~ ` fnQ O W ~1 N N O ZD c~ Q-y ~~p ~ G ~ W 000 CO ~N - N ~ 0 ~ o m ., N °' ~~n o~ $o Ao o~ om ~no ~ ~ ~ ~o oc mo ~~ ~o V ~ xm coy, < ~Z ~ ~ W ~ m~ m c~ ~ oo m ~C D p m °' <~ ~" o o~ m z ~ W T y rn ~~z m X z~ m ~~ =z ~ = er ~ p ~~ n ~ ~m o o D ~~ ' v ~~ N C _ (~C~ ~~ D n m m Z ,~~Z ~ fl; O w ~ m n m o ~ ~ ~. ~ ~ ~o 111 <Z ~ VCi Z ~~r . ~ -fly o?t c~i mci s~ ~ < O N W < m r m0 ~ ~, 2 ~ mD oo~ > ~v >c m w w ~ ~ =C7 ~ cD w m C cn~ ~n m `° ~ =N~ -I ~ . p D r~ fJ0 - ~ ~, N ~ Q ~ =m-i Dz ~ ~+ ~O ~ ~ C) ~ D ~ ,o ~ w ~ y ~ D 2 D ~ m ~ ~ 'o zy~ o D y ~ O T n D ' f/~ <_ ~~ ~ o D a d oN 0 0 `° ~~ c~ ~ ~ nD `''O ~m y .~ Win ~"-~ ~ ' o .A ~. o A 0 - ~ v Z r~ O m. a, _. _- ~ n ~n cc ° ~ D ~ Dim w mD ~ No ~ W ~ o ~ ' Z Dm ~ c ~~ x m a C) D ~ ~_ _ ~ D m ~ F ~ ~ N Z O D ~~ n z 'O ~ ~ ~ O~ ~ ~ ,1 ZO 0 y ~ c i, ~ ~ w N -~ m < ~,,~ m y o _ ~ O ~ ~ w ~ ~ ^ ^ ^^ a o ~ ~ ~ ~ -.. A ~ - o ~~ C O ~ ~ N I m n nm ~ C O. ~ ~ 4 . ~y e 016!-i2651~21~ fC ~" ^ ^ ~ ^ O ~, ~ 03 3~a X .~. N -~ = ~~ r . ~ ... " ~ ~ ~ ~ ~ .y t ,a r_r_ ~ ", ~ n cC0 JjlD1V~- --~Y- !!~ ~4 ~ ~ ~~ c m m o x a , . s. 1 _ ~~ d'~ ~ O - s ° n2 co3o (m = m ~ w ~ n ^ ^ N ~ o m m n ~ ~ ~ o _ fD j •n °' ul -'O,o ~ <o ,7 o ~ - x S S fD ~ ~ ~ ~ o ~ m ~ C p.' O `°° -^ c2 w 33 00, d m ~~ va ~1 OO y_~ N N j 0) . 0 o N O m e to - N fD ' C N N E ~j p N 3 ~ 0° ~ ° D N C ~ n c °-_'°O~md m = Gn7 N 3 ~ ~ O f/1 m ~ ~ m (p in ° y C C ~ C> N ~. m m m ~ ~ ~ fD ~ ~ m 3 m o.y3"'x~ m ~.~ C7 ~ ~~D x '° n 3 m~ w ' 0 y ni y y > > a ~ 3 ~N "' N 7 N' w 0~2.o j m 0 0 ~c o m fD 0) C'fO~ ~ O ~ 3~'m 3 m D. ~3fD m~ d y ~. N ~ ul m v .~. ~~owm~ T7 .ZJ N~1 ~ -~roy o w ~ ~ o. ° ' 0 ~O N , 3 gm -m~ ~ vi ~ n ~ wv ~ ~~ ~(n ~ O-O O. ~ ~ o d w o~ a Ol ~ cD H ' >> > m ad 'm a ~3 ~ ~ m ~ c x y ~m c TI(A 2 ~ ~ wmoi~.w3 '" c m v 3 ~ m gy o ~~ ~ o ~ ( p ~ w m O _ ~ d O V ~ 07 '~ (A d ~ ~ ~ ~' .'~ N N O ~ w > ~ ~ ~ ~ ~ A N °, - 1D o 3 ~~ ~a t m SHERIFF'S OFFICE OF CUMBERLAND COUNTY Rgnny R Anderson Sheriff ~s~~ti?~~' °{ ~aun6rFh~~~ Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~'~~ ~~~ '~` ~ ==r ~ ~ _. ,,. Beneficial Consumer Discount Company Case Number vs. 2009-7298 Elvin B Diller, Jr SHERIFF'S RETURN OF SERVICE 12/23/2009 03:45 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1545 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elvin B. Diller, Jr., located at, 6859 Wertzville Road, Enola, Cumberland County, Pennsylvania according to law. 12/28/2009 08:17 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 2010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Elvin B. Diller, Jr., by making known unto, Bruce Walters, adult in charge, at, 6859 Wentzville Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. v .....~~ ~~ ~ .-~ ~, is Gou.?;yS.aite Sha;ri`t. Teleoso`1. h?c.