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HomeMy WebLinkAbout04-2539IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA Plaintiff VS. WILLIAM NIEVES PAMELA NIEVES Defendants ACTION IN 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 defense 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 Complaim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to yotl. 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. Court Administration Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 R~IDENBACH, HENDERSOn'& PECHT By: ;!r~ P. Henderson, II, E~u~e Attorney for Plaintiff Attorney LD.# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY dPo/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA Plaintiff VS. WILLIAM NIEVES PAMELA NIEVES Defendants NO. ACTION IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U. S. C. § 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The mount of the debt is stated in this Complaint. Plaintiffis the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attomey will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. REIDENBACH, HENDERSON & PECHT Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney ID# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY dPo/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA Plaintiff VS. WILLIAM NIEVES PAMELA NIEVES Defendants NO. C>U- ,23'3q ACTION IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is Beneficial Consumer Discount Company dfo/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 2. The names and last known addresses of the Defendants are: Wilham Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 Pamela Nieves 14 Bentley Place Carlisle, PA 17013 who are the Mortgagors and real owners of the property hereinafter described. On September 17, 2001, Mortgagors made, executed and delivered a mortgage upon the premises herein after described to BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, at Record Book 1733, Page 2672. A true and correct copy of the mortgage is attached hereto and incorporated herein by reference and marked as Exhibit "A" The premises subject to said mortgage is described as attached in the legal description set forth in Exhibit "B". The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 21, 2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Tbe following mounts are due on the mortgage: Principal Balance Interest through 5/27/04 (per diem $39.89) Attorney Fees Cost of Title Search TOTAL $190,882.30 $ 18,347.62 $ 10,461.50 $ 110.00 $219,801.42 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The Combined Notice has been sent to the Defendant by regular and certified mail as required by 35 P.S. §1680.403e on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "C". The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendant, a true and correct copy of which is attached hereto as Exhibit "C"; and/or (ii) Defendants application for assistance has been rejected by the Pennsylvania Housing Finance Agency; or (iii) Subject premises is either a commercial property or is not the Defendant's primary residence and therefore the Act does not apply. WHEREFORE, Plaintiff demand an in rem Judgment against Defendant(s) in the sum of $219,801.42, and other costs and charges collective under the mortgage and for the foreclosure and sale of the mortgaged property. REIDENBACH, HENDERSON & PECHT By: He~b~ P. Henderson, ri, ~") Esquire Attorney for Plaintiff PA ID No. 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 EXHIBIT A 20BERI' P. ~I.E(~LER ~,c(:Ot,~,EI,., 8F DEEDS ~,ij~ BERLANB ¢OUNTT- PA 7m15' MORTGAGE)01 SEP 18. 2 / ~ IF BOX IS CHECKED. TItI$ MORTGAGE I$ .AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. -. THIS MORTGAGE is made this day 1-FI'H 'of ~PlElffiER 2001 , betw~n thc Mortgagor, WILLIA~ NIEVES AND P~LA' NIEVES, NOT STATED {h~n"~w~")andMo~gag~ BENEFICIAL CON~R Di~NT C~ DIBIA ~NEF I C I'AL ~TOA~ 'CO OF PEN~LV~ I A · co~tion or~ md eai~ng und~ the hws of ~N~VLVANIA , wh~ ad~ is 419 ~O~E~ DRIVE, ~ITE 2, C~LISLE PA 17013- The followtag paragraph pr~ede~ by n checked box is applicable. ~ W~EAS, Bormw~ ia i~bt~ ~ ~nder in the pdn6pal sum of $ qg~,O~.~ evid~ by Bo~ow~'s. ~ Re~ymem= ~d Sec~rky A~eem~ or S~on~y Mo~age Ag~m~ ~ ~PT~E~ ~7, ~ and any ex~nsio~ or renewals their (h~ein 'No~'), providing for monthly i~llm~ of prin6~l and intent, i~cl~iag any ad~tmen~ amount of ~ymen~ or ~he contract ~ if.that ~ is variable, with ~h~ b~an~ of the ind~b~n~, if ~ ~EREAS, Bo~owe~ is indeb~ ~6 ~r in ~he pHnei~i sum of $ or ~ m~ ther~f ~ may ~ adv~c~ pu~nt ~o Bor~wer% Revol~ng ~an Agr~men~ da~ed a~ ~x~e~i~ and c~ew~s ther~f (h~n "Note")~'providing for mo~hIy i~itmenm, ~d ia~r~ at ~he ~te and uade~ ~he te~mg ~ified in the Note, ~acludlng aay ~j~m~ in t~e intent ra~ if tha~ ~te is variable, an~ .providing for a cr~it Hm ~ s~tM in the p~n~t sum a~ve a~d an i~fial advaace of $ ; ~ ' ' ' TO SECURE to Lend~r the repaym~t of '(1) the indebmdneas evidenced by the Note, with inter th~n; including any iner~s if the contram'ra~e'is variable; (2). future advanc~ under any Revol~ng ~n A~t; (3) the ~yment of all other sums, wi~ in~r~ ~e~n, advanc~ in ~r~ he.with ~ profit the ~urity of this Ms.gage; and (4) the ~dorman~ of the covenanm and ~men~ of ~rmw~ he.iff con~in~, ~.ower d~ hereby moth.ge. ~nt and convey to ~d~ and ~der'b sm~m and ~[~'rh~ following, d~ pm~y-l~atM in ~he Couflty of ~ERL~ Commonw~lth of Pennsylvania: 'ALL THAT CERTAIN PROPERTY SITUATED IN THE TO'SNIP OF D ICKENSON THE COUNTY OF CUI~ERLAND AND COM~IONI~ALTH OF PENNSYLVANIA, BEIND MORE FULLY DESCRIBED IN A DEED DATED 12/29/2000 AND RECORDED 12/29/2000, NdONO THE LAND RECORDS OF THE COUNTV N~ STATE SET' FORIH ABOVE. IN DEED VOLUME 236 o3.o.~MP~GE 1127, TAX MAP OR PARCEL ID NO.; 08-10:0029-062 ~177025615494141GgOOOPAOD12AlO~NIEVES ~ ORIGINA~ PA0~)12A1 17'33PG2672 -2- TOOET. HER}wiTh all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the proper~y covered by this Mortgage; and ail 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 e~tate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrance~ 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 agree ~ follows: 1. Payment of Principal and Interest at Variable Rates. This me.gage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay. when duc all amounts 2. Funds for 'l'azes a~6. Su'6jec~'~'t3 appheahle law or wmver by -l:~uder, Borrower shall ' pay to Lender on the dsy monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum {herein "Funds') ~qusl to one-twelfth of the yearly taxes and assessments (including condominium end planned unit development asse~ments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of y~arly premium installments for hazard insurance, plus one'twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Leader on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assesemenm, insurance premiums and ground rents. Lender may not charge for so holding and applying the Fonds, analyzing said account or verifying and compiling said assessments and hills, unl~s Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of ezecotion of this Mortgags that interest on the Fonds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Fonds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The l~unds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, togsther with the future monthly installments of Funds pa_y.a_bl~_~r~i~_~or~to~th~? d~e.,4a _tgs_ o,o~f.f.of.ta_.x~_es,~m, ents,:in.suranc&_ ,premlums,end.ground~rents, shall exceed the amount required to pay said taxes, asse~ments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option; either promptly repaid to Borrower or credited to Borrower on monthly installments of Fueds~ If the ai~ou~t of the Funds held by L~nder shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount nec~ary to make up the deficiency in one or more payments as Lender may require. Upon payment in full o! ill sums 'secured by this'Mortgage, Lender shall promptly 'refund to Borrower any fund~ held by Lender. If under paragraph 17 h0r~of the Property ia sold or the Property 03~01-01 MT6 PAOO~ZAZ . T 77025515494klTGg000PA0012AZ0nv4',l~ EVES . ORtGLNAL is oth~w~se se, quieexl by L~nfl~r, lender shall apply, no la,er th~n imm~iately ~ior to th= '~le of lb= Pro~7 or i~.acqu~s~fion by Len&r~ ~ Fun~ held b~ ~nd=r =t the dine o~ a~lication as a cre~i~ a~ the ~ms ~uv~ by thls Morgan., ' · ~. Application of Paymenls. Ex.pt for lOa~ mad~.,~uant m the P~nsylvania Consum~ ~unt Core.ny Act, all ~ym~ r~dved by ~der undff the Note and ~ragraphs 1 and ~ hereof s~II ~ a~li~ by ~d~ fi~t in ~yment of a~ounm ~yable ~ Mnder by ~mow~ under paragraph 2 h~f, th~ to in~, and th~ to the ~inci~l. 4. Prior Mortgagos and Deed of Trusl; Charges; Lions. Bomower shall ~orm all of Bo~w~'s obli~tio~ un~ any me.gage, d~ of trot or olh~ ~urity agr~ment wi~ a lien which h~ ~ty over t~s Me.gage, inelu~ng Bo~w~'s ~v~n~ to make ~ym~m wh~ d~. ~rrower ~1 ~y or ca~ lo ~ ~d all ~, ~m~ ~d oth~ ch~g~ fin~ ~d im~sifions attfibu~bl~ ~ the Pro~%y which may attain a ~orky ov~ this Mortgage, and l~hold ~ym~ or ~ound ren~, ~SrHazard'In~uranee: ~ower'Shall' k~hWi~6~dm~n~ nfiw oiling or heifer ;r~ on the Pm~y i~rM ~i~ 1~ by fire, ha~r~ incl~M within the t~m 'extend~ coverage,' and oth~ Mz~ ~ ~nd~r may ~uire. ~e i~nee ~er providing the i~n~ sMll ~ ~ho~n by the ~wer. sub~t to approv~ ~r; ~vi~, l~t ~h ap~oval shall not ~ un~nably withheld. All i~u~n~e ~liei~ and ~als thai sMll ~ in a form ac~ble ~ ~&r and shall inclu~ a ~ndard morlgage elau~ in fav~ of and in a form accep~ble to ~nd~. ~n&r shall have ~e ~t to hold ~e ~lici~ and ~f, sub~l lo lbo ~ms of any me.gage, d~ o~ I~t or other ~ufity agr~menl with a li~ which ~ ~iofity ov~ ~is Mo~ge. In the ewnt of 1~, ~w~ ~all give wompt notice ~o the insurance cagier aM ~nder. ~nder may ma~e p~f of I~ if noi made promptly by ~rmwer. I~ the Pr~ is a~don~ by ~ow~, or if ~rmwer ~ails to r~nd to ~nd~ wkhin ~'~ys from the ~te notice is mail~ by ~nd~ ~ Bo~wer that the insurance carrier off~s to ~tt1~ a claim i~ran~ ~e!j~, ~d~ is authofiz~ to coll~t and a~ly the instance pmc~ at Mnder's option ei~ ~ ~o~ion or ~ir of tM Pretty or ~o the ~ms ~ur~ by this Me.gage. 6. 'Pre~rvatloa and Malntenan~ o[ Property; Lea~hoids; Condominiums; Planned Unit Dewlopments. Bo~wer shall k~p the Pm~y in g~d rear and shall not commit w~te or ~rmit im~jrm~t or det~o~tion of the Pm~y and shall comply with the provisions of any 1~ if ~his Mo~g~ is on a l~old. If I~s Me.gage is on a u~t in a condominium or a plann~ u~t developm~t, ~eio~er sh~l ~ff~m all o[ ~row~'s obligations under the d~laration or covenan~ crating or goring th~ ~minium or pla~ unit development, the b~laws and regulations of the ~n~minium or pl~n~ ~it development, and co~fituent document. 7. Protection o[ L~ader's Secutily. I[ ~rmwer faits to ~fform lhe cov~n~ ~d agreom~ eon~in~ in Ibis Mo~ge,,or. ff any~ae~on 9v ~ing is ~mme~.whi!h.ma~fi al I y a[[~ ~nder's in~ in the Pro~y, ~ ~nd~, at ~nder's op~on, u~n notice to ~rrower, may make such a~r~, diubu~ ~ch sums, including r~nable s~omeys' f~, and ~ke s~h anion as is n~ to ~ ~nder's in~. . Any amoun~ di~bu~ by ~nd~ pu~nt to this ~ag~ph 7, with inter~t thereon, at th~ contract ~g, ~1 ~ome a~fionfl indebt~n~ of ~ower ~ured by Ibis Menage. Unl~ ~rm~er ~d ~n~r a~ to other t~ms of ~yment, such amoun~ ~al[ ~ ~yabl~ u~n noti~ item ~nder to Bo~ow~ ~gng payment thief. Nothing ~n~in~ in this paragraph 7 sMll ~uire ~nd~r to incur any ex~ or ~ke any a~tion h~ound~. "177025515494MTGg00QPA001~A3Q~WqlEVES * ' ORiGiNAL 81(I 73§Pl 267b, -4- 8. Insl~ction. Le~der may take or cause to be made reasonable entries upon and insp~tions of the Property, provided 'chat 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 assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other ~:curity agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearsnc~ By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage grstlted by Lender to any successor in intere~ o! Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in intercO. Lender shall not be required to commence proceedings against such succemor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mort~ge by reason of any demand mad~ by the original Borrower and Borrower's successors tn interest. Any forbearance by l~ni:l~ In exerctmng any rl~iit or remedy here rider, or otherwtse· afforded by applicable law, shall not be a waiver of or preclude the exercise of any such fight or remedy. i I. Successors and Assigns Bound; loint and Several Liability; Co~.igners. The eovenanl$ and agreements herein coiltained shall bind, and the rights herettnder shall inure to, the raspact3ve slw. cesaors and assigns of Lender and Borrower, subiect to the provisions of paragraph 16 hereof. All covenants and agrsemenls of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but do~ not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms o[ this Mortgage, {b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender 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 Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. ! 2. Notice. Except for any notice required under applicable law to be given in another ma.nner, (a) any notice to Borrower provided for in this Mortgage shall be glvon by delivering it or by m ailing such notice by certified mail sddrsssed to Borrower at the Property Addre~ or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be giveo by certified mail to Lender's address stated herein or to such other addrec, a 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 glven in the manner designated herein. ! 3. Governing Law; Seversbility. The state and local laws applicable to *his Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Pederal 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 N.o.t~ ~hich. c_an be gi. yejl~,~e.ff_.ec~t~w.i~t~hp~ut~th..~onfllcti..ng p~Dv_isio, n .an. ~d,.losthipzend. the .provisions.of this Mortgage and the Note are declared to b~ severable. As used herein, 'costa,' "expenses" arid 'attorneys' fees* include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the ti me of execution or alter recordation hereof. 12. Rehabilitation Loan 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 a~ignment of any rights, claims or defensc~ whivh Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Prope~t. y_. ~ I"t~02~615494MTGg000PA0012A40~NI EYES " BRIGINAL -5- 16. Transfer 'of the. Property: If Borrower'sells or tr~nsfe'ra all or any part of the 'Proparty or an inu~reat therein, excluding (a) the creation'of a li~n or encumbraode subordina~ to this Mortgage, {b) a tl~sfer by devise, descant, or by operation or taw upon the death o! a joint t~nant, (c) the grant of'any leasehold .in~reat of three yeara or less not cont~i~ng an option to purchase, (d) the creation of a purch~e money s~urity interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where '.he spouse or children of the Borrower become an owner of the property, (g) s transfer resuRing from a decree of dissolution of marriage, legal eeparagon agreement, or from an incidanlal 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 described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as il a new loan were being, made to t_h_e, transferee. Borrower wi c~ntinue to 'be' o'01igated, under th6 'Note:idd' ibiS' Mo-~gage unlese Lender releases Borrower in writing. if Lender does not agree to such sale or transfer, Lender may declare all o! the sums secured by this Mortgaga to b~ immediately due and payable. If L~r exercises soch option to accelerate, Lender shall mail Borrower notice of asc~leration in accordance with paragraph, 12 hereof. S~ch notice shali provide a period of not less than 30 clays from the date the no,ice is mailed or delivered within w. hich Borrower may .pay the sums declared due. If Borrower !ails to pay such sums prior ~o the expirafon of such period, Lender may, without further no,ice or demand on Borrower, invoke any remedies permitted by, paragraph 17 befool NON-UNIFORM COVENANT$~ Borrower and Lender further cover~at and agree a~ follows: 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 coven'ants to pay when-due' any sums secured' by this Mortgage, Lender prior to acceleration shall give notice to Borr6~er as provided in paragraph 12 hereof specifying: {! ) the breach; {2) the action r~quir~d to cure such breach; (3) a date, not less than 30 days [rom the datc the notice is mailed to Borrower, by which such breach must be cured; and (4} that failure to cure such br~ach on or before the ds~ sl~cified in the notice~ may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial prOCeeding, and sale of the Property. The not~ee.ahali further inform. Borrower of the right to reinstate after acceleration and the right .-to gss6rt gin the foreclosure proceeding the nonexistence of a default or any other defense el g6r~:6wer 'io'acceler~iiion and foreclosure, if the breach is not cured on or before the date spec~fied tn the notice, Leader, at Lender's option, may declare all of the sums secured by this Mortgage to be ~mmcdtately due and payable without further demand nad may foreclos~ this ~Mo~g~g¢ by lud~cse.l, proceedmg.~Lender shall be entitled to collect m such roccedm all expensns or foreclosure, including, but not limited to, reasonable attorneys' fe~s and costs of documentary evidence, abstracts and title reports. lg. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's braach, Borrower shall have tho right to have'any proc~-.dings b~gun by Lender to enforce this Mortgage discontinued at any time prior to ~ntry of a judgment enforcing this Mortgag~ if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note bad no acceleration occurred; (b) Borrower cures all breaches o! any other covenants or 03-01-0! MTG. PAOD12A5 -6- agrsements of Borrower contained in ~tl~s Mortgage; (c)'Borrowei pays all reachable expemes incurred by iL~nder in enforcing the covenants and agreements of Borrower"contained-in-this- Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takas such action as Lender m~y reaksonably 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 shill remain in full fore~ and effect as if no acceleration had occurred. 19. Assignment of Rents; Appoialment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents o! the Property~ provided that Borrower shall, prior to acceleration under parsgrsph 17 herenL in abandonment o! the Property, have the right to collect and retain such rents ss they become due and payable. . · Upgn a¢cel~ation under, p~r.a, gl2a_ ph ? hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed b~' a court to enter uponi take possession of ilid~anage'the Property and to collect the rents of the Property' including those past due. Ali renls collected bi' the receiver shall be applied first to payment of the costs 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' ices, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually rec~qved. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shidl relesse this Mortgage' without charge to Borrower. Borrower shall pay all costs o! recordation, i[ any. 21. Waiver of Homestead. Borrower hereby waivas all right o[ home,lead exemption in the Property under state or Federal law. 22. Interest Rate After ludgment. Borrower agrees the interest rat~ payable after a judgment is entered on the Note or in an action of mortgeg~ foreclosure shall be the rat6 sla~d in the. Ndte.~" this to be recorded Cumberland County PA Rec'orde 6fDeids;: PA0012A$ Illllllllgllglllllglllglllll l .1770Z56154941dTGgOOOPAOQT2A6OX"NTEVES N ORIGINAL -?- : REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower arid L~nder request 'the holder of any morigage, d~d of trust or other encumbrance with a li~n which has priority over this Mortgeg~ to give Notice to L~nder, at Lender's addre~ set forth on page one of this Mor~gege, of any default under the superior encumbrance and of any sale or other./7 forecio~ure action. // ................ (rPAHELA .N.I-E~I~S ...... :Borrower . I hereby cergfy that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DR SUITE 2 ~% ~j~ CARLISLE, PA. 17013 On behalf of the Lender. By . Title: A.E. COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE County ss; CUMBERLAND I, I~AblCY J.~ DITZEL a Notary l~blic in and for said county and state, do hereby certify that WII.LIAM NIEVES AND PAMI~LA IqIEYES personally known to me to be the same person(a) whose name(s) Akl~ subscribed to the foregoing instrument, appeared befor~ me this day in person, and ackn~hat T hey____ signed and delii, ered the 'said instrument as TBE?R ' free voluntary act, [or t~e uses and purpo~s therein set forth, Given under my hand and official seal, this 17Ttf day of SEPTEHBER ,20 O1 ~i--..~ . ~ ~ - . · :~ ~: ..... =~?~ 4!9 STONEHEDGE DR SUITE 2 ~'~L~' 'g~ C~LISLE, PA. 17013 '-~**' ~ ~.~ (Address 03-01-01 ~6 5~ ~mont Ro~ ~mhu~t, IL ~1~ IJlllllJillllllglllJJllliilJJllgl '~ 177112551 ~494MTOg000PA00,12A70~N ;VE~ ~ ORiGiNAL ' ' BKI733PG2678 REI~)ENBACI~,i~N'DERSON & The CipherBuilding 36 East King Street Lancaster, PA 17602 Kenneth G. Reidenbach, Herbert P. Henderson, Wayne M. Pecht*+ * Me~b~ of California Bar + CPA/LLM in Taxation II* II Telephone 717-295-9159 Fax 717-295-1225 e-mail lawyer@law-for-¥ou.com April23,2004 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania TO: William Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 Pamela Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 FROM: Beneficial Consumer Discount Company, dgo/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Eimhurst` IL 60126 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attaebed pages. The HOMEOWNER' S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helr~ save your home. This notice explains how the program works, To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit A~encies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 781-1869). 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 AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHOA CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOJdSE FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR ELPROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Suite 200 1205 Manor Drive ~schanicsburq, PA 17055 Telephone: Fax: 717-691-9810 717-766-3361 HOMEOWNER'S NAME William Nieves and Pamela Nieves PROPERTY ADDRESSES: 2115 Walnut Bottom Road, Carlisle, PA 17013 LOAN ACCOUNT NO.: 711715 00 529656 ORIGINAL LENDER: Beneficial Consumer Discount Company dPo/a Beneficial Mortgage Co of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Mortgage Co of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS I~ YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND, *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are enfitled 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 "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER 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 of designated consumer credit counseling agencies for the county in which the property is located are set forth atthe end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of you 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.) Ifyou 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 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. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH tN 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 proceeding 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 FILtNG OF A PETITION tN BANKRUPTCY, THE FOLLOWtNG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2115 Walnut Bottom Road, Carlisle, PA 17013 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: Account # 71 l 715 00 529656 November 21, 2003 through April 21, 2004-6 payments of $1,399.07 = $8,394.42 Other charges (explain/itemize): Past Due Payments: $8,384.42 + interest: $8,567.05 -= $16,951.47 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) days of the date of this Notice BY PAYtNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $16,951.47, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still 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 ail reasonable attorney' s fees actually which may aiso include other reasonable costs, lfvou cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT 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 cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pa¥in~ the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements 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. EARLIEST POSSIBLE SHERIFF'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 6 months from the date of this Notice. A Notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Beneficial Consumer Discount Company Foreclosure Dept. 961 Weigel Drive Elmhurst, IL 60126 (800) 959-3482 Ext. 7924 Fax: (630) 617-7749 Lucy Garcia EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION 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 ASSIST THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCLrMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Wester PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 It is only necessary to schedule one face-to-face meeting. You should advise Lucy Garcia at Beneficial Consumer Discount Company, immediately of your intentions. Sincerely, I-l'erbert P. Henderson!, II .... *' ~ '" Attorney for Beneficial Consumer Discount Company 36 East King Street Lancaster, PA 17602 (717)295-9159 pc: Lucy Garcia, Beneficial Finance SHERIFF'S RETURN - CASE NO: 2004-02539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJLND BENEFICIAL CONSUMER DISCOUNT VS NIEVES WILLIAm4 ET AL REGULAR JODY SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon NIEVES WILLIAM DEFENDANT at 1124:00 HOURS, on the llth day of June at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to WILLI~d~ NIEVES a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~. day of  ~_~3~ A.D. Prothonotary So Answers: R. Thomas Kline o /15/2oo4 REIDENBACH HENDERSON PECHT By: ~Sheriff RETURN - REGULAR SHERIFF'S CASE NO: 2004-02539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS NIEVES WILLIAM ET AL RICHARD SMITH Cumberland County,Pennsylvania, says, the within COMPLAINT NIEVES PAMELA DEFENDANT , at 1400:00 at 14 BENTLEY PLACE CRLISLE, PA 17013 HOLLY KLINGE, DAUGHTER, a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 14th day of June , 2004 by handing to ADULT IN CHARGE COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this -~-~ day of A.n. ~r6thonotary So Answers: R. Thomas Kline 06/15/2004 REIDENBACHBy: HENDERS~ Dep~y Sheriff (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MOR~FGAGE CO. OF PENNSYLVANIA, Plaintiff : NO. 04-2539 Civil Term VS. WILLIAM NIEVES and PAMELA NIEVES, ACTION 1N MORTGAGE FOR ECLOSURE Defendants, PROOF OF SERVICE I, HERBERT P. HENDERSON, I1, ESQUIRE, of Reidenbach, Henderson & Pecht hereby certify that on July 6, 2004, 1 mailed by first class mail a copy of the Notice of Intention to Take Default Judgment in the above matter upon the following: William Nieves 14 Bentley Place Carlisle, PA 17013 Pamela Niew,~s 14 Bentley PI!ace Carlisle, PA 17013 REIDENBACH, HENDERSON & PECHT By: le ~'-~P Henderson, 11, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff VS. WILLIAM NIEVES and PAMELA NIEVES, Defendants NO. 04-2539 Civil Term ACTION IN MORTGAGE FORECLOSURE TO: WILLIAM NIEVES DATE: JULY 6, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT R1GHTS. 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. Court Administration 4th Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 REIDE~NBACH, HENDERSON & PEcHT~ Attorney for Plaintiff Attorney I.D.//56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ?ENN~3YLVANIA CIVIL ACT1ON - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY dPo/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 04-2539 Civil Term VS. WILLIAM NIEVES and PAMELA NIEVES, ACTION IN MORTGAGE FORECLOSURE Defendants TO: PAMELA NIEVES DATE: JULY 6, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F 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. Court Administration 4th Floor, Cumberland Counb, Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 Attorney for Plai[ntiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY dPo/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff WILLIAM NIEVES and PAMELA NIEVES, Defendant No. 04-2539 Civil Term MORTGAGE FORECLOSURE PRAEC1PE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly enter Judgment by Default in favor of the Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, and against the Defendants, %, lbr failure to answer the PlaintifFs Complaint in Mortgage Foreclosure within twenty (20) days from service thereoK and assess PlaintifFs damages as follows: Outstanding Principal Balance Interest through 7/20/04 (Per Diem: $39.89) Attorneys Commission Total $190,882.30 $ 20,501.68 $ 10,461.50 $221,845.48 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P 237.1 on the dates indicated on the Notices. REIDENBACH. HENDERSON & PECHT By: ~k~ ~ / Herbert P. Henderson, 11 Attorney for the Plaintiff Attorney I.D. No. 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff PLEAS OF CUMBERLAND COUNT CIVIL ACTION- LAW NO. 04-2539 Civil Term VS. WILLIAM NIEVES and PAMELA NIEVES, TO: WILLIAM NIEVES DATE: JULY 6, 2004 Defendants ACTION 1N MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITT'EN 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 (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administration Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 REIDifqBACH,II/X'"~ HENDERSON & PECk_ By: [~ ~JHerbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (7I 7) 295-9159 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 04-2539 Civil Term VS. WILLIAM NIEVES and PAMELA NIEVES, Defendants : ACTION 1N MORTGAGE FORECLOSURE TO: PAMELA NIEVES DATE: JULY 6, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFF1CE 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. Court Administration Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 / REID ~NBACH, HENDERSON &P~HT /~- Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 · IN 'I~HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 04-2539 Civil Term VS. WILLIAM NIEVES and PAMELA NIEVES, Defendants, ACTION IN MORTGAGE FORECLOSURE PROOF OF SERVICE 1, HERBERT P. HENDERSON, II, ESQUIRE, of Reidenbach, Henderson & Pecht hereby certify that on.July 6, 2004, t mailed by first class mail a copy of the Notice of Intention to Take Default Judgment in the above matter upon the following: ~ William Nieves 14 Bentley Place Carlisle, PA 17013 Pamela Nieves 14 Bentley Place Carlisle, PA 17013 REIDENBACH, HENDERSON & PECHT By: 'e~e~ I- P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D.//56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaimiff VS. WILLIAM NIEVES and PAMELA NIEVES, Defendant No. 04-2539 Civil Term MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LANCASTER : SS HERBERT P. HENDERSON, Il, ESQUIRE, attorney for Plaintiff in the above captioned matter hereby depose and state that he is unable to ascertain whether Defendants are in the military service pursuant to the Soldiers' and Sailors' Civil Relief Act of October 17, 1940, as amended. H~t~ert P. Henderson, II, Esq. Attorney for Plaintiff Attorney ID #56304 Sworn to and subscribed before me this __ , 004. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff VS. VVILLIAM NIEVES and PAMELA NIEVES Defendants NO. 04-2539 Civil Term ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against William Nieves and Pamela Nieves, Defendants, and direct the Sheriff to levy on 2115 Walnut Bottom Road, Carlisle, Pennsylvania, 17013; Amount Due: Outstanding Principal Balance Interest AttomeysCommission Total $190,882.30 $ 20,501.68 $ 10,461.50 $221,845.48 together with costs of proceeding Dated: By: II'JLA ~-- .F Herbert P. Henderson, II, Esquire Attorney I.D. No. 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern dedicated Right of Way line of the Walnut Bottom Road, L.R. 35, at the dividing line of Lots 1 and 2 as shown on the hereinafter mentioned Subdivision Plan; thence along Lot No. 1, North 36 degrees 84 minutes 24 seconds West, a distance of 246.82 feet to a point at lands now or formerly of Linwood B. Philips, Jr. et al.; thence along said lands, North 59 degrees 48 minutes 07 seconds East, a distance of 178.77 feet to a point at Lot No. 13; thence along Lot No. 3 South 35 degree 04 minutes 24 seconds East, a distance of 202.65 feet to a point on the Northern Right of Way line of Walnut Bottom Road, L.R. 25; thence South 45 degrees 13 minutes 31 seconds West, a distance of 85.83 feet to a point; thence South 44 degrees 44 minutes 33 seconds West, a distance of 94.06 feet to a point, the place of BEGINNING. Being lot no. 2 of Final Subdivision Plan of Sandy Ridge dated February 15, 1989 and recorded in Cumberland County Recorder of Deeds in Plan Book 58 Page 124 Subject to a 20 foot access easement over Lot 2 which will be shared equally for ingress for the owners of Lot 1 and 2 as shown on the Final Subdivision Plan for Sunny Ridge recorded in Plan Book 578, Page 124,the Owners of Lot 1 and 2 will share equally in the maintenance of the paved driveway located on Lot 2. BEING THE SAME PREMISES WHICH RoDald L. Simons and Sharon L. Simons, husband and wife, and Donald Neff and Sondra Neff, husband and wife, by Deed dated December 29, 2000 and recorded January 2, 2001, in the Office of the Recorder of Deeds of Cumberland County, in Record Book 236, Page 1127, granted and conveyed unto William Nieves and Pamela Nieves, husband and wife, their heirs and assigns. TAX PARCEL: 08-10-0628-062 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff VS. WILLIAM NIEVES and PAMELA NIEVES Defendants NO. 04-2539 Civil Term ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Co. of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed to the following information concerning the real property located at 2115 Walnut Bottom Road, Carlisle, Pennsylvania, 17013 1. Names and addresses of Owner or Reputed Owner: William Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 Pamela Nieves 14 Bentley Place Carlisle, PA 17013 2. NareS, ~kldress of Defendant in the Judgment: William Nieves Pamela Nieves 2l 15 Walnut Bottom Road 14 Bentley Place Carlisle, PA 17013 Carlisle, PA 17013 3. Name and address o revery judgment creditor whose judgmem is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company dPo/a Beneficial Mortgage Co. of Permsylvania 961 Weigel Drive P.O. Box 8634 Elmhurst, IL 60126-1050 5. Name and address of every other person who has any record lien on their property: Cumberland County Tax Claim Bureau Cumberland County Courthouse South Hanover Sweet Carlisle, PA 17013 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: None 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: None I verify the statements made in this Affidavit am tree and correct to the best of my personal knowledge or information and belief and are based upon information received from Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. 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. BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF By: II~d''~ ~- ~H'erbert P. Henderson, II, Attorney for Plaintiff Swtm and subscribed ) ~efore me this Ii Day ) ) of bO 004. ) I NOTARIAL SEAl. },lAURA M. KEENER, NOTARY PUBtlO CITY OF LANCASTER, LANCASTER CO, · MY COMMISSION EXPIRES MAY 13, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT : COMPANY dPo/a BENEFICIAL : MORTGAGE CO. OF PENNSYLVANIA, : Plaintiff : : VS. WILLIAM NIEVES and PAMELA NIEVES Defendants NO. 04-2539 Civil Term ACTION IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: William Nieves 2115 Walnut Bottom Road Carlisle, PA 17013 Pamela Nieves 14 Bently Place Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Walt of Execution issued out of the Court of Common Pl~:s of Cumberland County, Pennsylvania and to the Sheriff&Cumberland County, directed, there will be exposed to Public Sale in: Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 On March 2, 2005 at 10:00 a.m.E.S.T., of the following described real estate, of Defendant, ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF DICKENSON THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 12/29/2000 AND RECORDED 12/29/2000, AMONG THE LAND RECORDS OF THE COUNTY AND SET SET FORTH ABOVE, IN DEED VOLUME 236 AND PAGE 1127. TAX MAP OR PARCEL ID NO.: 08-10-0628-062 at Execution No. 04~2539 in the amount of $221,845.48 plus costs. Claims against property must be filed at the Office of the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken away to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. COURT ADMINISTRATION 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 You may have legal rights to prevent the ShefiWs Sale and the loss of your property. In order to exercise those fights prompt action on your part is necessary. A lawyer may be able to help you. You may have the fight to prevent or delay the Shefiff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court a defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the fight to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO rilE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. REIDENBACH, HENDERSON & PECHT By: Herbert P. Henderson, II, Esquire 36 East King Street Lancaster, PA 17602 (717) 295-9159 WRIT OF EXECUTION and/or ATTACHMENT COMMONV~EALTH OF PENNSYLVANIA) NO 04-2539 Civil COUNTY OF CUMBERLAND) 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 WILLIAM N1EVES AND PAMELA NIEVES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also cYxrected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the ganftshee(s) that: (a) an at~achraent 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 garaishee and is enjoined as above stated. Amount Due $221,845.48 Interest Atty's Corem % Arty Paid $129.45 Plaintiff Paid Date: SEPTEMBER 21, 2004 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ -~..~By: ~ D~._ ~ ~- ~ Deputy REQUESTING PARTY: Name HERBERT P. HENDERSON, H, ESQUIRE Address: REIDENBACH, HENDERSON & PECHT 36 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-295-9159 Supreme Court ID No. 56304 Beneficial Consumer Discount Company VS William Nieves and Pamela Nieves In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2539 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Herbert Henderson, III. Sheriffs Costs: Docketing Poundage Law Library Prothonotary Levy Mileage Surcharge Share of Bills 30.00 2.32 .50 1.00 15.00 8.88 30.00 30.73 $ 118.43 s~orn :d subscribed to before me _ S~.:.....<" ~ This (.3- dayofYmdJl ~ 2005, A.D. ~h-'.o. '"nt,p;,. , ~ R. Thomas Kline, Sheriff BY Jf)fi.~ Prothonotary Real Es e Deputy I. .,-0 (;.jv '-II 7> 1."7 f!.u-. ;!fi JV 1-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 04-2539 Civil Term vs. ACTION IN MORTGAGE FORECLOSURE WILLIAM NIEVES and PAMELA NIEVES Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Co. of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed to the following information concerning the real property located at 2115 Walnut Bottom Road, Carlisle, Pennsylvania, 17013 I. Names and addresses of Owner or Reputed Owner: William Nieves 2115 Walnut Bottom Road Carlisle, P A 17013 Pamela Nieves 14 Bentley Place Carlisle, PA 17013 2. Natl)~,,~4:a'ddress of Defendant in the Judgment: .".~,,,^f William Nieves 2115 Walnut Bottom Road Carlisle, PAl 70 13 Pamela Nieves 14 Bentley Place Carlisle, P A 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive P.O. Box 8634 Elmhurst, IL 60126-1050 5. Name and address of every other person who has any record lien on their property: Cumberland County Tax Claim Bureau Cwnberland County Courthouse South Hanover Street Carlisle, P A 17013 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: None 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: None I verifY the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief and are based upon information received from Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorities. Date: cq I :s \ aLl BENEFICIAL CONSUMER DISCOUNT COMPANY, dIbI'BENEFIClALMORTGAGEC~ Pb~VANIA By: . L-- erbert P. Henderson, II, Attorney for Plaintiff S>I!crn and subscribed ) "{/<, / ) "'i'<'o~fore me this I~ Day ) of Se pkm nu2004. ~ VV\(WA,Q'm .lLtV-L NOTARIAL SEAL M~UR~ M. KEENER, NOI~R~ PUBLIC CITY OF lANCASTER, LANCASTER CO. MY COMMISSION EXPIRES MAY 13 2006 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 04-2539 Civil Term vs. ACTION IN MORTGAGE FORECLOSURE WILLIAM NIEVES and PAMELA NIEVES Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: William Nieves 2115 Walnut Bottom Road Carlisle, P A 17013 Pamela Nieves 14 Bently Place Carlisle, P A 17013 TAKE NOnCE that by virtue of the above Writ of Execution issued out of the Court of Common PLos of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: Cumberland County Courthouse South Hanover Street Carlisle, P A 17013 On March 2, 2005 at 10:00 a.m. E.S.T., of the following described real estate, of Defendant, ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF DICKENSON THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 12/29/2000 AND RECORDED 12/29/2000, AMONG THE LAND RECORDS OF THE COUNTY AND SET SET FORTH ABOVE, IN DEED VOLUME 236 AND PAGE 1127. TAX MAP OR PARCEL ID NO.: 08-10-0628-062 at Execution No. 04-2539 in the amount of$221,845.48 plus costs. Claims against property must be filed at the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office ofthe Sheriff not later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken away to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptlv. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. COURT ADMINISTRATION 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE SOUTH HANOVER STREET CARLISLE, P A 17013 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court a defense or objection you might have within twenty (20) days after service ofthe Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSL Y INADEQUATE PRICE OR THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED 10 THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCiEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. REIDENBACH, HENDERSON & PECHT ~ Ii By: V Herbert P. Henderson, II, Esquire 36 East King Street Lancaster, PA 17602 (717) 295-9159 [1,------ / ALL THAT CERTAIN tract of land Cumberland County, Pennsylvania, described as follows: si tuate in Dickinson Township, more particularly bounded and BEGINNING at a point on the Northern dedicated Right of Way line of the Walnut Bottom Road, L.R. 35, at the dividing line of Lots 1 and 2 as shown on the hereinafter mentioned Subdivision Plan; thence along Lot No.1, North 36 degrees 84 minutes 24 seconds West, a distance of 246.82 feet to a point at lands now or formerly of Linwood B. Philips, Jr. et al.; thence along said lands, North 59 degrees 48 minutes 07 seconds East, a distance of 178.77 feet to a point at Lot No.3; thence along Lot No. 3 South 35 degree 04 minutes 24 seconds East, a distance of 202.65 feet to a point on the Northern Right of Way line of Walnut Bottom Road, L.R. 25; thence South 45 degrees 13 minutes 31 seconds West, a distance of 85.83 feet to a point; thence South 44 degrees 44 minutes 33 seconds West, a distance of 94.06 feet to a point, the place of BEGINNING. Being lot no. 2 of Final Subdivision Plan of Sandy Ridge dated February 15, 1989 and recorded in Cumberland County Recorder of Deeds in Plan Book 58 Page 124 Subject to a 20 foot access easement over Lot 2 which will be shared equally for ingress for the owners of Lot 1 and 2 as shown on the Final Subdivision Plan for Sunny Ridge recorded in Plan Book 578, Page 124,the Owners of Lot 1 and 2 will share equally in the maintenance of the paved driveway located on Lot 2. BEING THE SAME PREMISES WHICH Rona1d L. Simons and Sharon L. Simons, husband and wife, and Donald Neff and Sondra Neff, husband and wife, by Deed dated December 29, 2000 and recorded January 2, 2001, in the Office of the Recorder of Deeds of Cumberland County, in Record Book 236, Page 1127, granted and conveyed unto Wi11iam Nieves and Pamela Nieves, husband and wife, their heirs and assigns. TAX PARCEL: 08-10-0628-062 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 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 WILLIAM NIEVES AND PAMELA NIEVES NO 04-2539 Civil CIVIL ACTION - LAW (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $221,845.48 Interest Atty's Comm % Atty Paid $129.45 Plaintiff Paid Date: SEPTEMBER 21, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ---- Prothonotary By: aD.,.,.,.f? .7I?tY.74/T~( Deputy REQUESTING PARTY: Name HERBERT P. HENDERSON, II, ESQUIRE Address: REIDENBACH, HENDERSON & PECHT 36 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-295-9159 Supreme Court ill No. 56304 Real Estate Sale #05 On November 19, 2004 the SheriffIevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 2115 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19,2004 By:J~frWJJ; Real Es;aaDeputy J !"T1 2~ :--' r>: -,,...' ..I..~ ~ en r ~ ~ ~ C-') f"',l ~> " : ..~ ~r~: " ...c.. ",' .' ~ ,_.~,; ...~,.I"il ...