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10-0894
UDREN LAW OFFICES, F.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 ea i- ARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER ti96 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com 0 Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania 961 Weigel Drive :Cumberland Elmhurst, IL 60126 Plaintiff V. Roy E. Weaver County Mildred C. Weaver NO. 10 - N4 1930 Sterretts Gap Avenue Carlisle, PA 17013 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE Civii Term 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. *g1.00 pQ Alyx/ Cy-p 14y7(0( P-r#a.3'7 187 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 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 provisioner 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAWYERS REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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: 1930 Sterretts Gap Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: North Middleton Township COUNTY: Cumberland DATE EXECUTED: 08/07/07 DATE RECORDED: 08/10/07 INSTR NO.: 200731529 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 12/06/09: Principal of debt due $159,043.95 Unpaid Interest at 9.64% from 06/13/09 to 12/06/09 (the per diem interest accruing on this debt is $42.01 and that sum should be added each day after 12/06/09) 7,855.87 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $68.46 should be added in accordance with the terms of the note each month after 12/06/09) 342.30 Attorneys Fees (anticipated and actual to 5t of principal) 7.952.20 TOTAL $175,799.32 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $175,799.32 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. CES, P. C. BY: 111w Atto r la' tiff MARK EN, ESQUIRE STUAR WI EG, ESQUIRE LORRAI D Y E, ESQUIRE ALAN M. ATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE L RR71T CW@AIK tract at land witL S,npeae.wdbt. tl,..euu erected titumte in worth Middl.tan Taw"hiy. Can,iaerland Countq, lannaylvania, bounded and more particularly described as toll...: OW1031"a at a stake at the hcrtbwtstcrn corn.r of Chester es 45 Strout and sterrotts Oap avanuei theoae HartE a7 dagF. miautmo Hest along Cbe northern line of CheadayrNaece 5 main 5ta5nca of 150 laet to an iron pint thence North 02 or f1,L0i Of George 1,Axt ?long the eaatern line of p=aportY no' etb eta 137 daprenae45a+ainut°scFtsP aLao 1°nga?hotaaut>zarnnline?ofLoteNo?n19 e to anGironePin. tthaE° south 0tadegreeatl5aminuteaewcAt ataogtl+e aveaue a dintaete uE 100 Eeat to a of Lct BErdC Lott No. 16 and 17 a takern tlin elOf Stcrratts Ca?C_ PSenioftLotslbeing recnrdedwinothe "schlussaF village," Offiee of the Recorder of Deeds in and for Cumbetland County a Carlisle, t-Dylvania, in Plan look No. 7, at Prue 37. 8xv Na TUCKS= *rooted s one Oro fnime ranch tyPeCarlislu. kouat, known and numbered as 1930 aterratts GaP Aveau6, PA 17913. December 23, 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 PROGRAM0 EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. „„,,. EXHIBIF A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Roy E. Weaver Mildred C. _--____-- 1930 Sterretts Gap Avenue _.. -Carlislea_PA 17013....... .... -............................... ..... ._.__............. _.............. ---------------..__._._._._......_....----------___.------ ._. Beneficial Mort_ ne_ Compan_y___--_._._.__ ................---...._.._--------- _Benefcial Mortga...ge_ComPM _.................. _.-_-___.__._..._._._.__._._._._._._-....._._. HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF Fi iCUBLE FOR FiNANCiAi. ASSISTANCE. MiHiCH CAN SAVE YOUR HOME. FROM FORECLOSURE. AND HFi P VOIT MAKF. FITTITRE MORTGAGE. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERGS 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 FORECLOSURE -- 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. TMIR MEETING MITST OCCUR WITHIN THE NEXT (30) DAVE IF YOU DO NOT APPLY FOR F.MF.RGF.NC,'Y MORTGAGE ASSTSTANCF,, YCH T MUST RRTNG Y0 TR MORTGAGE T TP TO DATE THE PART OF THTS_ NOTTCF C n r r F-T) OT40 ;xd TO CT TRF. YOI TR MORTC,,ACTF. D'F,FAT TT .TO, F.XPT .AiNS 140W TC) BRING YCIT TR MORTGAGE T TP TO DATF- CONSUMER CREDIT COITNSFJING 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 rnmty in which the V= - is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate] of your intentions. AEUICATiON FOR MORTGAGE, ASSISTANCE, -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 6 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 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, T$E FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE. OF THE: DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1930 Sterretts Gap Avenue 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: _Monthl_y Payments of 1$ 369.27 for Jules 132009 through December 13 2009 15.62 Monthly Late Charges of %68.46 for h_1y.13, 2009 through November 13,,2009 =M342.30__-J- Other charges (explain/itemize): ............ --------........................ -............... .............. --------------- -- ----------....----.... ........ --..--....... TOTAL ----,%8557.9 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not zrmlicahle): WA HOW Tn CURF THE. DFFAIII.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 U-957-92-92- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must h made. either bysagh, cashier's heck, certified ch rk or mnney order made payable and sent tn_ Udren Law Offices, P.C. Woodcrest Cnx orate Center I I I Woodcrest Road, Suite 200 Chera Hill, NJ 08003-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (loo not use if not awlicahle_l: NA IF YOIT DO NOT CURE. THE DF,FAIJLT -- If you do not cure the default within THIRTY (30) DAYS Page 3 of 6 of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgagee debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgsged.prnpertT IF THE, MORTGAGE. IS FORECi OSF.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 =a cure he default within the THIRTY (30) DAY period; you will not he required to paay, attorneys fees- OTHER i YNDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DFFA Ti,T PRIOR TO SHE.RiFF'S SALE. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, =i still have the right to cu the d fa nit and V ==t the cal at any time izn to one hour before the Sheriff'-, Sale You may do so by na3dng the total amount then an ct due, lY ?c an'lat nr other ha c hen doe,, _reaconahl attorn y'c fees and c-ogt-, connected with the foreclosure sale and any other costs connected with the Sheriff's Sale - . ifi in writing b- 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 POSSiBi.E. SHERIFF'S SAi.E. DATE. - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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. Name of Lender/Servicer: HSBC Address: 961 Weigel Drive Elmhurst,,, IL 60126._---------- - -- ------------------- ------ ...-........ Phone Number: _ 1=800-333=5848-------.----.--.-.-.--------_........... ........ .-...._....__......._...._._. Fax Number: _ 1=630-617-6891_.-----------------.--____-._---------.-.--.----__?------.__.. Contact Person: Marykate Woodworth ----- _._._._.__.._.-.-----.---.--.........-.-.--.-.-.-..-.-- -.___.__.__.._._..._._._._.---- EFFECT OF SHERIFF'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 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 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 6 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 6 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 INSTI'T'UTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Westem Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 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 Deny 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 i i C3 43 ru rl m 0 0 ED' 0 Ln ru ' ti cr a 0 r, 9 it a T E ti n r N la_ `q 12 iW OR 0) ?0 rn<- r_s rM ors ',. Q/) d1 t*'k 2U '0 J 1 "J C3 -0 nu N C3 - C ..?__._ C3 w ru 0 U O q .: O (?i t or Priority Maifi ,0. tied Mail. R )rovide proof ( attach a Retul age to cover W a fee waiver R J Mail receipt addressee tailpiece with tl 3resent the at e Certified M i mail. g an inquiry I M M1 rj r- -21 r? M O O O O .2 En m ni - 0^ a M1 N cm N 9 2 LL 0000 c1) a en ILu 6, ? tl ? ) C) co Q T " C) ! ?n Q c E V) C N T CD ce) 0 M C d IL \ ' +./ raj ? M• jol.-SeN .??¦ C3 C3 -0 rLi Ln C3 0 C3 C3 W ru W <.;t J?tA p0 Up F p ?to 3x i r a V ? ?J ,. ? 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 make 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.,4kWA0FP;CES, P.C. B At rN, i iff MARK J. QUIRE STUAR W QUI RE LORRA NE SQUIRE ALAN SQUIRE CHAND ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~o~~~titp u( 4~~tn6rr/~~~ ~', -i :'r FiL~D-t;Fr"ICE ~~E :~iE P"i~Tl-'~'~03""ARY 20101'4~-R -~ F~~ 2~ 36 Edward L Schorpp SOIICItOr Beneficial Consumer Discount Company vs. Mildred C. Weaver (et al.) CiF -:.E Cr :`NF ~»~R.IFF CUM :_~ : , ;~'~~iY ±~, r f CiLa~`'>` i'~~~r',~'~I~ Case Number 2010-894 SHERIFF'S RETURN OF SERVICE 03/01/2010 Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 2107 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roy E. Weaver, by making known unto Mildred C. Weaver, Wife of defendant at 222 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 1930 Sterretts Gap Avenue, Carlisle, PA 17013 is vacant. 03/01/2010 Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 2107 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mildred C. Weaver, by making known unto herself personally, at 222 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 1930 Sterretts Gap Avenue, Carlisle, PA 17013 is vacant. SHERIFF COST: $54.80 March 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 13y Deputy Sheriff %c Coun2y5uite SheriYF, Telexsoft. Inc. UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE ~ANDRA M. ARKEMA, ESQU WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Plaintiff v. Roy E. Weaver Mildred C. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Roy E. Weaver and Mildred C. Weaver for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and .sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 12/7/09 to 4/3/10 Late charges per Complaint From 12/7/09 to 4/3/10 - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 ATTORNEY FOR PLAINTIFF n ~~ c- ~-~, o COURT OF COMMON PLEAS __ -4, .t _,-, CIVIL DIVISION ~rj- Cumberland County ;_-='-- ~~ ' fir= .~ ~ _. -._, MORTGAGE FORECLOSURE - ~.._ .. .. ~t ~` n., NO. 10-894 Civil Term $175,799.32 4,957.18 273.84 TOTAL $181,030.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. ~('~•00 Pp A~ ck,~ l~~a~ L'~ a4oa~fl IJa~iee Mo~cO UDREN LAW OFFICES, P.C. BY• ~orneys for plaintiff MARK J--'-UD:--ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDI E DATE : ~~~f ~/~ PRO P THY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDR.EN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LOR.R.AINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQIIIRE - ID #200869 _c ADAM L. KAYES, ESQUIRE - ID #86408 ESQUIRE - ID #204460 THOMAS MARGUERITE L ° ~ , . WOODCREST CORPORATE CENTER ..- ~ ~! 111 WOODCREST ROAD, SUITE 200 ~ CHERRY HILL, NJ 08003-3620 856-669-5400 ~ pleadingsC~udren.com 6. 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. Roy E. Weaver _ Mildred C. Weaver NO. tD - $Q~ ~tvi L iP~c-ri1 1930 Sterretts Gap Avenue Carlisle, PA 17013 ' 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 ar by attorney and filing in writing with the Court your defenses ar 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 YOIIR 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 A80UT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Y~arxt" at ~et~r;br~ry~t~ ~.. Beneficial Consumer Discount Company Case Nurrtber vs. Mildred C. Weaver {et al.) 2010-894 SHERIFF'S RETURN OF SERVICE 03/01/2010 -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 2107 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roy E. Weaver, by making known unto Mildred C. Weaver, Wife of defendant at 222 W, Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 1930 Sterretts Gap Avenue, Carlisle, PA 17013 is vacant. 03/01/2010 Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 a# 2107 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mildred C. Weaver, by making known unto herself personaily, at 222 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 1930 Sterretts Gap Avenue, Carlisle, PA 17013 is vacant. SHERIFF COST: $54.80 SO ANSWERS, -~,~... March 02, 2010 RON R ANDERSON, SHERIFF Duty Snariff c; ~..oi~?t!Suits $herjif, Teiacs~~ 1. Irc. _ 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 CHANDRR M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 nleadin~sC2udren_com Beneficial Consumer Discount Company - d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Ro E. Weaver Mildred C. Weaver Defendant(s) TO: Mildred C. Weaver 222 W. Ridge Street Carlisle, PA 17013 Date of Notice: March 23, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-894 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAIDIST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO . LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED SAT PURPOSE. ., vYv STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corpporate Center 111 Woodcrest Road, Suite 200 Cherry Hi11, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 l Padi ngsCa~ Cdr cam Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Ro E. Weaver Mildred C. Weaver Defendant(s) TO: Ro E. Weaver 22~ W. Ridge Street Carlisle, PA 17013 Date of Notice: March 23, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-894 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED~FOR",~H~cT PURPOSE. STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest load, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200. CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v• 'MORTGAGE FORECLOSURE Roy E. Weaver Mildred C. Weaver NO. 10-894 Civil Term Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age. Residence: Employment: Roy E. Weaver Over 18 As captioned above Unknown Mildred C. Weaver Over 18 As captioned Unknown Sworn to and subscribed before me this 3rd day of April, 2010. above Title : -^~';~~NEY FOR PLAINTIFF Company: UDRE LAW OFFICES, P.C. Notary ~C.uARA ARS NOTARY PU~.lC OE NEW JERSEI' Gorrurd~sion Ems ~0/75/~ UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 aALAN M. MINATO, ESQUIRE - ID #75860 I~ANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF rn ~ -; r _ ~; _t ~ _ r, .,-; S _ ..~, --, zT _ ^_. - /~"~ Y- rv Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Roy E. Weaver NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due Interest From 4 4 10 to Date of Sale September 8, 2010 Ongoing Per Diem of 42.01 to actual date of sale including if sale is held at a later date (Costs to be added) ~d~.oo Po A`~`t'`j ~'~.8o C~ ga.oo ~~ I ~. 00 " a.50 " 18'1.30 -P>J ATr/ ~a.oo ~ue~o • 5o u, er,' 148b2~5 ~ -.p~.~ 6,637.58 UDREN P.C. BY: torneys for Plaintiff MARK EN, ESQUIRE STUART WINNE ;~~SQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE $181,030.34 J UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 ~ STUART WINNEG, ESQUIRE - ID #45362 ~ ~ ~= ~~ <; "" LORRAINE DOYLE, ESQUIRE - ID #34576 ~=~~'' ~ -~ -'{-rZ ~ ALAN M. MINATO, ESQUIRE - ID #75860 '~" ,: ~ -'~' CHANDRA M. ARKEMA, ESQUIRE - ID #203437 `~ ~_- . ~. - WOODCREST CORPORATE CENTER ~ --,~ 111 WOODCREST ROAD, SUITE 200 -- ~ -""' -, '~' CHERRY HILL, NJ 08003-3620 _ - ~. ' ~~- - 856-669-5400 , ~, _ -~ ~.,~ =={ pleadingsC~udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Roy E. weaver Mildred C. weaver Defendant(s) I HEREBY CERTIFY THAT: CERTIFICATE :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE NO. 10-894 Civil Term TO THE SHERIFF I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN S, P.C. BY: Atto or Plaintiff MARK J. UDR ESQUIRE STUART wINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, 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 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 Roy E. Weaver €NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) C E R T I F I C A T E N ~ ~~ 7 G.~ Q i1 --1 z~ -.~ __ ;; -~ ,^-~ t -': ; ... ` ~^ , -.,-~ -. .~ :4 ~ I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. U~D Ai`'~ OFFICES P . C . L n., ~- Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 r-~ WOODCREST CORPORATE CENTER n ~' 111 WOODCREST ROAD, SUITE 200 ~_~' v CHERRY HILL, NJ 08003-3620 _` ~,~ 856-669-5400 ~ ~ pleadings@udren.com ~- Beneficial Consumer Discount :COURT OF COMMON PLEASe.~ Company d/b/a Beneficial :CIVIL DIVISION ~~`~ ,_. Mortgage Co of Pennsylvania :Cumberland County :~~ Plaintiff v. :MORTGAGE FORECLOSURE Roy E. Weaver €NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 -c, r~ 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: 1930 Sterretts Gap Avenue, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Roy E. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 Mildred C. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Elmhurst, IL 60126 Mortgage Co of Pennsylvania _~ ~~ t_;--r~ . --, _` ~~.. J~+ .:.' ~.'" 5. Name and address of every other person who has any record lien ' on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 1930 Sterretts Gap Avenue Carlisle, PA 17013 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: April 3, 2010 UDRE P.C. Y: Attorney-€a~_,_Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 Courthouse Square Carlsile, PA 17013 13 N. Hanover Street Carlsile, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be ~ , UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 FOR PLAINTIFF 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 Roy E. Weaver €NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Roy E. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 N sa .e, ,a .~1 a r, ;~ --i - ~! ,. -.,+~. ~" 1 . ~,~~ 2 Your house (real estate) at 1930 Sterretts Gap Avenue, Carlisle (North Middletown Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $181,030.34, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) i ..l .. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ASSOCIATION DE LICENCIDADOS Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount `COURT OF COMMON PLEAS Company d/b/a Beneficial "CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v• :MORTGAGE FORECLOSURE Roy E. Weaver =NO. 10-894 Civil Term Mildred C. Weaver Defendant (s ) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mildred C. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 Your house (real estate) at 1930 Sterretts Gap Avenue, Carlisle (North Middletown Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $181,030.34, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) • YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER ` ~ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ASSOCIATION DE LICENCIDADOS Cumberland Count Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 RLL ^'.tAB tSE11TriIR{ keaek a£ Iaad e,_e'•. s~ay,xo4e,~,ar.l~ tl~~; erected estuntc Sn North Middlnt on T6wnship, Cumunrland County, rnr.nsylvania, bounded and mare pertieularl2 des cr. Ibed ns foYl oc,c~ 6EGINNINC at a stake at the t,nrthweatern oo, nc: of Chen L'et .°,trect and Stctrotto Gap Svenue; e}Fenar Nartt 87 degree aS ,^. i.1lutCy Ue~± ~i pn5 the I10rt}Ie rt; Side of Clte9 ter StrCbt a di~tan LC aE 158 Eaet to an icon I,in; thence North 0$ deg=noq :5 minutes _ Beast alons the eastern line of Fraparty stay or fiirmer'.y of George Ij, ScbZ usaer a die l'nnce of i0U :cot to an iron pt.n; thence 9uuet, E7 dngroea 45 minutes )n.ea: a7 cnq tho southo-rn ?it:e of Lot t7c. 18 in thy. hereineftee men tinned Plan of Lota g distance at 154 fee L• tc an i:bn pir.; thence Squth 42 dagreot: 15 rnir,u tea Ue~C ai cnq t:~e kcat©rr: ]inn oP SL-aFCaCt6 Cap Avenue a di.~teatr :,4 100 kart to a 3tak a, the place Of HEGINN ING_ SE IIiC Lots }Ip, I6 and i7 ir, Lhe pl a,q aF Lpt;. X:30w7: at "8e.}usscr ~111aso," sa±d Plan of Gate being roctn-ded In the Off1~c vE the Recorder of Deeds in and fur Cumiastland Co,lncy at Ca rlintc, °nr.ooy}vania. 1n Plan 8pak Na. 7, at re,ge 37. lIAViNi1 1'~3EASON erected a one story .ratite rar.ah tyF~e tiwelli7l,i haua a, ]snoun and numt,e red a3 1B~n stcrratta Gap Avarue, Cerlial e. PA ;7:1$. BEING KNOWN AS: 1930 Sterretts Gap Avenue Carlisle, PA 17013 PROPERTY ID NO. 29-16-1094-163 TITLE TO SAID PREMISES IS VESTED IN ROY E. WEAVER AND MILDRED C. WEAVER, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY BY DEED FROM ROBERT A. LEDANE AND JOANNE C. LEDANE, HUSBAND AND WIFE DATED 11/12/93 RECORDED 11/12/93 TN DEED BOOK 36-Q PAGE 281. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-894 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO of PENNSYLVANIA, Plaintiff (s) From ROY E. WEAVER and MILDRED C. WEAVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1.81,030.34 L.L.$.50 Interest from 4/4/]0 to Date of Sale 9/8/]0 Ongoing Per Diem of $42.01 to actual date of sale including if sale is held at a later date -- $6,637.58 Atty's Comm Atty Paid $187.30 Plaintiff Paid. Date: 4/9/10 (`seal) REQUESTING FARTY: Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER I11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Supreme Court ID No. 75860 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF NARK J. UDRSN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKENA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL SIEDMAN, ESQUIRE - ID #306534 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadingeOudren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. Roy E. Weaver €NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s), Roy E. Weaver and Mildred C. Weaver by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant (s) at 1930 Sterretts Gap Avenue Carlisle, PA 17013, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant (s) is as set forth in the attached Exhibits. 5. No other Motion has been disposed in this case. 6. Defendant (s) have not been served and are not represented by counsel of record; therefore, it was not necessary to seek concurrence of opposing counsel of record. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale upon said Defendant(s), Roy E. Weaver and Mildred C. Weaver by regular mail and certified mail, and by posting the mortgaged premises. ICES, P. C. BY: 1 1 ?kJV Attorneys laintif MARK J. R , ESQUIRE STUART AINNE4, ESQUIRE LORRAINE Y E, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE DANIEL SIEDMAN, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Beneficial Consumer Discount Company Case Number VS. Mildred C. Weaver (et al.) 2010-894 SHERIFF'S RETURN OF SERVICE 06/26/2010 10:40 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1040 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 Mildred C. & Roy E. Weaver, located at, 1930 Sterretts Gap Avenue. Carlisle, Cumberland County, Pennsylvania according to law. 06/26/2010 10:40 AM - Ronny R. Anderson, Sheriff, who being duty swam according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mildred C. Weaver, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Mildered C. Weaver, Address of: 1930 Stenettls Gape Avenue, Carlisle, PA, is vacant, defendant did not leave a forwarding address at the post office. 06/26/2010 10:40 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy E. Weaver, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Roy E. Weaver, Address of 1930 Sterretts Gape ;Avenue, Carlisle, PA, is vacant, defendant did not leave a forwarding address at the post office. SHERIFF COST: $913.42 August 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (e} COUMVSute Snenff. Ieleos¢f _ In- Page 1 of 2 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Nwnber: 09120379-1 Atk ntey Firm: Mark J Udren & Associates Case Number: Subject: Roy E Weaver and Mildred C Weaver AXA: Ray E Weaver, Roy Eugene Weaver, Mille C Weaver, Millie C Weaver Last Known Addrees: 1930 Sterretts Gap Avenue Carlisle, PA 17013 Sandra Krakeler, being duty sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On July 29, 20101 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT IWORMATION A. SOCIAL SECURITY NUMBER(S): 210-26-)o= 204-30-xxxx B. EMPLOYMENT SEARCH: We were unable to verify current employment for Roy E Weaver and Mildred C Weaver. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Roy E Weever and Mildred C Weaver is 1930 SterreFts Gap Avenue, Carlisle, PA 17013 with no valid home number. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing for Roy E Weaver and Mikd C Weaver. INQUIRY OF NEIGHBORS We contacted (717) 243-6569 registered at 1931 Sterretts Gap Avenuey Carlisle, PA 17013 and spoke with a neighbor who stated Roy E Weaver and Mildred C Weaver moved from 1930 Sterrefts Gap Avenue, Carlisle, PA 17013. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of July 26, 2010, the National Change of Address (NO OA) has no chWW for Roy E Weaver and Mildred C Weaver from 1930 Sterretts Gap Avenue, Carlisle, PA 17013. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for Roy E Weaver and Mildred C Weaver. rnyc c ui c OTHER INQUIRIES A. DEATH RECORDS: As of July 28, 2010, the Social Security Administration has no death record on file for Roy E VVeaver and Mildred C Weaver and/or A.K.A.s under the social security number(s) provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ADDITIONAL. INFORMATION ON SUBJECT A. DATE OF BIRTH: Roy - June 1934 Mildred - March 1938 AFFIANT Sandra Krekeler "N OTi?F1tL before J 2010 Krishna M. sue, P St. Lom count s`r a Players National Locator, 14444 Manchester Road, Manchester, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORItAINE DOYLE, ESQUIRE - ID #34576 ALAN M. KIINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL SIEDKAN, ESQUIRE - ID #306534 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 :Cumberland County Plaintiff V. NO. 10-894 Civil Term Roy E. Weaver Mildred C. Weaver Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE : A sherif f ' s return of "not found" or the f act that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant (s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defendant(s) by regular mail and certified mail, and by posting the mortgaged premises. UDREN 14W OFFICES, P.C. BY 1ALd Attorn or P intiff MARK UDREN, ESQUIRE STU T WINNEG, ESQUIRE LO I DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHAND M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE DANIEL SIEDMAN, ESQUIRE VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: August 11, 2010 UD"1Vf1L*JQFFICES, P. C. BY :\-/ V I' Attor fo Plaintiff MARK REN, ESQUIRE STUAR 4NNEG, ESQUIRE LORRA E DOYLE, ESQUIRE ALAN M. INATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE DANIEL SIEDMAN, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDRBN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKE'MA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL SIEDMAN, ESQUIRE - ID #306534 WOODCR.EST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400, pleadinga@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. Roy E. Weaver €:NO. 10-894 Civil Term Mildred C. Weaver Defendant(s) CERTIFICATE OF SERVICE I, hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Date Served: August 11, 2010 TO: Roy E. Weaver Mildred C. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 OFFICES, P.C. STUART I EG, ESQUIRE LORRAI OYLE, ESQUIRE ALAN M. TO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE DANIEL SIEDMAN, ESQUIRE BY, Attorney 16r-Plai-nTiff MARK J. REN, ESQUIRE AUG 18 Z010 1 IN THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff 'NO. 10-894 Civil Term b Roy E. Weaver Mildred C. Weaver Defendant (s) `3 O R D E R w' AND NOW, this day of P v g ?S? 2 010 upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Roy E. Weaver and Mildred C. Weaver, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant (s) , Roy E. Weaver and Mildred C. Weaver at 193 0 Sterretts Gap Avenue Carlisle, PA 17013 and by posting the mortgaged premises located at 1930 Sterretts Gap Avenue Carlisle (North Middletown Township), PA 17013. BY THE COURT: N* -L ?AA '* J. co y rn? ?C w 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 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 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. Roy E. Weaver Mildred C. Weaver :NO. 10-894 Civil Term Def endant (s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER sv The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: August 25, 2010 Roy E. Weaver Mildred C. Weaver 1930 Sterretts Gap Avenue Carlisle, PA 17013 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: August 26, 2010 UD OFFIC SE P BY: nt tnrnt?v? or Plaintiff MARK J. UDREN, STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE r/ CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Roy E. Weaver Mildred C. Weaver Defendant(s) NO. 10-894 Civil Term O R D/?E R AND NOW, this /S day of N"C4-S- " 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Roy E. Weaver and Mildred C. Weaver, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Roy E. Weaver and Mildred C. Weaver at 1930 Sterretts Gap Avenue Carlisle, PA 17013 and by posting the mortgaged premises located at 1930 Sterretts Gap Avenue Carlisle (North Middletown Township), PA 17013. BY THE COURT: H O I-I W C N o W FJ rt (D (D :E; IV (D C m N J ? O Qf F- 't3 W (D fr N C n-v _$°C o m $ -4 ?'. g??tn 71 Hasler C0 -p n oo (? m CJ9 a) Da°o° N_ M° era m M= m (Domestic Only; Provida, ru ru , rr cr . _a _a L USE cc co Postage $ C3 a Certified Fee ? O vv ?- Postmark O C3 Return Receipt Fee /7 Here Q O (Endorsement Required) -3" O C] Restricted Delivery Fee C7 C3 (Endorsement Required) ru rd O C3 Total Postage & Fees $ M m sem ro Weaver Roy E rte- r- . 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O a Q - O D v , m C, D C m (P CL ID n 07 (D N ( 00 C . 0 CD CL _ 0;0 m (n. ° cD Cl) O- CD CD a z mom 0 o 0°ro ) = z rnv ?? ? 3cn ? ? U) Z r 0 G) m ao r0T CL -0 A Q ? D 3 `-o o CD > m j 3 0°o t1? N C N C Q Y O C 't7 v w = CD -1 o 1 N m0 ? N CJ G N ? ? ? %O n n m m m O n, w w ? O a CD p o. o i O N v O ? ? ? m w -n N CD D a 7 N C) U) N O (D t( D O w- so = a -a O o m o ? ? m c to N CD < F _ ? o as o m ? o m v-O (OD v N (D c a F _ v a ? ? CD o C cD m d CD 0 D 3 m m Om m mm3 ' -o a x Q 3 m -2 O N v m v _. CD T1 O 3 C iN CD 6 o T CJ) ? D1 CD CD N CD D -n N N = N p D i O ?y D UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARREMA, ESQUIRE - ID #203437 ADAM L. RAYES, 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 FOR PLAINTIFF Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff €NO. 10-894 Civil Term v. Roy E. Weaver Mildred C. Weaver Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: ~ ~ ~ -.~ ~ o --~ ~ d rn -yC ~' tT ~ ~ ~ ' --t ~~ ~~~ i :~~ ~~ ~~ c:s _~~~ ~ ~~ --gym ~ --~ ~ .r > A ~ Kindly file the attached Proofs of Service with regard to the captioned matter. Date: September 21, 2010 AttSrn~y~Eor Plaintiff K J. UDREN, ESQUIRE UART WINNEG, ESQUIRE ORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Beneficial Consumer Discount Company d/bja Beneficial Mortgage Co of Pennsylvania Plaintiff €NO. 10-894 Civil Term v. Roy E. Weaver Mildred C. Weaver ---- Defendant (s ) G= ~~ ~` 4 LJ% ~~`(~ ~ ;~ u O R D E R AND NOW , .this f ~~ day of A~ [.t.S"~ 2 010 , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Roy E. Weaver and Mildred C. Weaver, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Roy E. Weaver and Mildred C. Weaver at 1930 Sterretts Gap Avenue Carlisle, PA 17013 and by posting the mortgaged premises located at 1930 Sterretts Gap Avenue Carlisle (North Middletown Township), PA 17013. BY THE COURT: "'Sn~ G'//~' t~earllclai Coasnmer Discount dba Bauliefal Mortgage Ca of Pennsylvania, et. al., Plabtitt(s) Roy ts. Weaver, et, al., Detarlant(s) UDREN LAW OFFICES Ms. Hawi Crowamtrty l I 1 Wooderest Rd, Ste. 200 Cberry Hill, IYJ 08003620 Service of Proceu by APS International, Ltd. 1-800-328-7171 APS lnterratMnal Plaza 7800 t;knroy Rd. Miaaeapo0s, MN 33139-3122 APS File #: 106t i 1-00~i AFFIDAVIT OF SERVICE -- Individual Service rt Process s+n: -Roy E. Weaver, By Posting Court Case No. 10-894 Civil Term State of: o ss. County o : ~' Name of Server: , tmdersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Datell7me of Servla: that on the ~~dsy of , 20 ~, at ~i~o'clock ~ M Place of Service: at 1930 Sterretts Cap Avenue . _. ,. _ _.- ~ in ~arlisk, PA !1013 . -- _ . --- -- _V__-- Documents Served: the undersigned served the documents descn~bed as: Notice of Sheriff s Salo of Reai Property wi Order Servicr of Proceas on: A true and comet copy of the aforesaid document(s) was served on: Roy >E. Weaver, By Posting Person Served, and --- - - - ---- ----- ----.~. __. .. . - -------~---~-----~-~- - - - - - ....._ _ .._._...__.._ .. Method of Servke: BY petsorially delivering them into the hands of person to be served. By delivering them into the hands of ~ , a perm of suitable age, who verified, or who upon ques ing stated, that he/she resides with Roy E. Weaver, ey Posting at the place of service, and whose relationship to the person is: - _ __ _.....______.._.. Description otPerson The person receiving documents is described as follows: Receiving Document:: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight ~_ ' To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service_ Signatare of Server: Undersigned declares under penalty of perjury that th ore i an correct : APS Intern nttl, Ltd. MMOAIWE F P NN3 Notarial Seal M. Ile Notary Public Carflsle Bono, beAerw County My Commiasion~ires July 1, 2D12 Me ~ s Beuet18ia1 Consutaer Diseonnt dba Bendldal Mortgage Ca of Peaasylvania, et. al., PlalatiR(s) Roy E. weaver, eL al., Deteadaat(s) UDREN LAW OFFICES Ms. Heaai Crommarty 11 I Woodcrest Ri, Ste. 200 Cherry Hill, 1V! 08003-3620 Service of Process by APS International, Ltd. 1-800-328-7171 APS lateraat~al Plasa 7800 Claroy Rd Misiiteapolls, MN 35439-3122 APS F8e f: 1/61 i 1.0061 »Mildred C. Weaver, By Posting Court Case No. 10-894 Civil Term AFFIDAVIT OF SERVICE -- Individual Servke d' Process oa: State of: ~ - ~ - - - - - - - - County Name o[ Server: ,undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the ~~day of , 20 ~, at i~o'clock ,,,~M Place of Servke: at 1l30 Sterretts Gsp AvessK . -_ - _ - _ , in Carlisle, PA tT013 Documents Served: the undersigned served the documents described as: Notke of Sheriff's 8aie o[ Real Property w/Order Service of Process on: A true snd comeet copy of the aforesaid document(s) was served on: Mildred C. Weaver, By Posting PersoaServsd,aad _.-______ - --- ._ - -_. .. ..----- • -- ----_------- -- ---------- ------- --- --- McWod otScrvice: - BY Personally delivering them into the of the person to be served. l By delivering them into the hands of , a perms of suitable age, who verified, or who u on questioning stated, that heJshe resides with MNdml C. weaver, By Foaling at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: ~`'~ Docnmeats: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight -: To the best of my knowledge and belief, said person was not enga in the US Military at the time of service. Sign:tnre of Sen~er: Undersigned declares under penalty of perjury Su a swo to before me th' that th ore ing ' true nd correct. of _ _. _ --- - - -- gaatY o Server ~ ' (Co Expires) APS International, Ltd. pgAA1AOPANEAL ~F P VA Notarlel Seal pp. e14e NoterY Public CarllEle Boro, berlano County My Commission res July 1,2012 Mem a Assod of s r ~DREN LAW OFFICES, P.C. LARR J. IIDREN, ESQIIIRB - ID #04302 3TIIART WINNEG, SSQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRS - ID #75860 CIiANDRA M. ARKSMA, SSQIIIRS - ID #203437 ADAM L. RAYES, ESQIIIRE - ID #86408 MARGt7ERITS L. THOMAS, SSQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. ATTORNEY FOR PLAINTIFF c'~ ~ r.~ :~.~ t~ _c~ ~ `~' ~ ~ ~ --a ~ - 7 ?: t`i ~~„~' rn °~ COURT OF COMMON PZ .~ ~ ~,.-~, CIVIL DIVISION ~~'r-, Cumberland County ti~ r o '"~~ r :. Roy E. Weaver Mildred C. Weaver ENO. 10-894 Civil Term Defendant(s) AFFIDAVIT OF SERVICE PIIRSIIANT 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 penalti ~bf 18 P .C.S. Section 4904 relating to unsworn falsification to author' Dated: September 21, 2010 UDREN FI , Atf"ar13.e7rs for Plaintiff K J. UDREN, ESQUIRE UART WINNEG, ESQUIRE ORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, 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 ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount Company '_. COURT OF COMMON PLEAS d/bla Beneficial Mortgage Co of :CIVIL DIVISION Pennsylvania :Cumberland County Plaintiff v, Roy E. Weaver Mildred G. Weaver Defendant(s) NO. 10-894 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Roy E. Weaver and Mildred C. Weaver PROPERTY: 1930 Sterretts Gap Avenue Carlisle (North Middletown Township}, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 8.2010, at 10:00 am, at the Schuylkill County Courthouse, Gourt Room #1, 401 North 2ND Street, Pottsville, 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. EXHIBIT A ~ ~ ~.~ .~ a L ~ Q r. o ~ ~d `°'. 'c ~`~ m ~~ o,„ 2b to ~ N ~ w ?~ g ~~-c Z ~ 3~ '~ o o .. yr,A'0 N~ O 0 '0 ~ Oy 3 ,_.._/ ~, m .~ ~ o 6 ~ Q ~~ . A 3 r Q^ 'd O, '" Z 3 ~ yp a a ~~~~~ ~ ~, n0 4 .~ ~ O Ui ~ 'w;dg ~ ~o~'~~.:a°7 N ~ G 7D {~Aj d ~ ~mC 07 FN 7 O ~'pO W N~p W ~. m'Q Od y :'g v~R o. 0 m ~$ ~ ~ r- dm~d "~ ~ Oy6 ~ ~ 4 b ~ N S ~~ Cam. N ~ ~ ~(~ d 7 ~~ii ~6 ~~~3~? ~m4`"~~m 3 X37 ~i m~. ~p. N 4 ~. ~ 4 y ~~~ o ° ~, d m. ~~N~d 7 ~p~ m n m p 4 .'C W N 7 N~~ o ^~~~. S.~ N m~ ~ W p OY N ? ~ 3 ~ `~~ ` 3 ~~~~~~ i f~ A ~ i ~ P ~. ~~'' o n 'u~,$'i N ~~. ~$ ~~ ~. ~.~ s ~, 7N ~ ~ ~ ~ O {. N o'co W c~o~ ~' 4' '9 ~1 ~n m ~~ ~ N.~4G O ~ ~°° ~ SC [CSC 9" w 2 to C~ '~ n O~~y ~ ~ ~ ~~N~aNZG2~~~'n ~ ~~~ ~ m ~~~f~N w o ~ ~ wNG ~ ~ pQGOZ ~, o N nn ~ ~ r~ ~'~ N~tn~ m ~~ cD L ?1N6 ~'O w p NN o~ aG N ~, n ~ 2 fi ~~ ~~ ~ m ~ O Q °'"a~n y O ~~~ ? ~~ a ~r ~ ~'~` ~ ~ j ~~ ~2° Q j ~O O~w ~ 1 ~ 16 5ti'~~ 0~~'H2~ ~~ ~ ~$0 o~ ~ 2°~ z oeQ°~ = Maned p °L„is-( pG~ t?~s '6 Oy ~~ m~ x ~v~ m ~° ~ ~°'~ N ~yy S Ntp W ~~• a ~r I1g-° a °°~ ~~ c o y°' o r• u~. ~o ~.m~ f Gm ~ ~yG Ui ?yw ~j qt (N G°' ~y ytp ~~ ~, ro a.d N ~~~ 1 ~ '547 m~ P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r?i?+ of rtfrtbFrrr?? C Jody S Smith rnw3 v " r - Z Chief Deputy j ?r Richard W Stewart *t> ? o C Solicitor r 4c? ` - "K?:`F rte- -? b° 'v Zo Zp = x " bC N Oc )_ Beneficial Consumer Discount Company Cafe NWhbeW vs. 2010-894 "< Mildred C. Weaver (et al.) SHERIFF'S RETURN OF SERVICE 06/26/2010 10:40 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1040 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 Mildred C. & Roy E. Weaver, located at, 1930 Sterretts Gap Avenue. Carlisle, Cumberland County, Pennsylvania according to law. 06/26/2010 10:40 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mildred C. Weaver, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Mildered C. Weaver, Address of: 1930 Sterretts Gape Avenue, Carlisle, PA, is vacant, defendant did not leave a forwarding address at the post office. 06/26/2010 10:40 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy E. Weaver, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Roy E. Weaver, Address of: 1930 Sterretts Gape Avenue, Carlisle, PA, is vacant, defendant did not leave a forwarding address at the post office. 0 812 6/2 0 1 0 As directed by Marie J Udren, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, of, 961 Weigel Drive, Elmhurst, IL 60126, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 11/19/2010 Deed recorded on 11/19/10 SHERIFF COST: $903.66 November 19, 2010 SO ANSWERS, WON R ANDERSON, SHERIFF (c) GounfySuito Sheriff. Teieosoff Inc.