HomeMy WebLinkAbout10-1162{ 1
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Edward H. Nickey
280 Meadows Road
Newville, PA 17241,
and
Kimberly Nickey a/k/a Kimberly A. Nickey
280 Meadows Road
Newville, PA 17241,
Defendants
To:
You are hereby notified to
ft written response to the enclosed
within
twenty (20) days from the service hereof
or a judgment may be entered against you.
Attorney for Plaintiff
Attorney for Plaintiff
File: 22.11476
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: !O - I l loa Cw < < Terrn
CIVIL ACTION
MORTGAGE FORECLOSURE
(r
' ) i ( Ic
I
?
?
1
I O t
3
h.i r
Co
00
<__
f W
0
49a•OO PO ATN
e0l b88W
R-T' 2 3'7'7 L.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
DB/A Beneficial Mortgage Co of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No..
Plaintiff,
Vs.
Edward H. Nickey
280 Meadows Road
Newville, PA 17241,
CIVIL ACTION
MORTGAGE FORECLOSURE
and
Kimberly Nickey a/k/a Kimberly A. Nickey
280 Meadows Road
Newville, PA 17241,
Defendants
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of
Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the
Commonwealth of Pennsylvania and having an office and place of business at 636 Grand
Regency Boulevard, Brandon, FL 33510.
2. Defendants, Edward H. Nickey and Kimberly Nickey a/k/a Kimberly A. Nickey,
(collectively, the "Defendants"), are adult individuals and are the real owners of the premises
hereinafter described.
3. Edward H. Nickey, Defendant, resides at 280 Meadows Road, Newville, PA 17241.
Kimberly Nickey a/k/a Kimberly A. Nickey, Defendant, resides at 280 Meadows Road,
Newville, PA 17241.
4. On July 25, 2007, in consideration of a loan in the principal amount of $191,018.57,
the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A
Beneficial Mortgage Co of Pennsylvania a note (the "Note") with interest thereon at 10.140
percent per annum, payable as to the principal and interest in equal monthly installments of
$1,696.12 commencing September 1, 2007.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a
mortgage (the "Mortgage") dated July 25, 2007, recorded on July 30, 2007 in the Department of
Records in and for the County of Cumberland under Mortgage Book 2001, Page 2593. See
Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by
reference.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 280
Meadows Road, Newville, PA 17241. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "A" and made a part hereof.
7. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due July 1, 2009, and monthly thereafter are due and
have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ................................$188,474.09
Accrued but Unpaid Interest from
6/1/09 to 2/17/10
@ 10.140% per annum
($52.36 per diem) ................................... ...$13,718.32
Accrued Late Charges ............................ ........$678.40
Corporate Advance .........................................$137.50
Extension Interest Due .................................$1,067.33
Title Search Fees ............................................$350.00
DRM Expenses Paid .......................................$720.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 02/17/2010 ........................ $206,395.64
Plus, the following amounts accrued after February 17, 2010:
Interest at the Rate of 10.140 per cent per annum ($52.36 per diem);
Late Charges of $84.80 per month.
9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session
of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 280 Meadows Road, Newville, PA 17241 as well as to address of residences as
listed in paragraph 3 of this document on November 20, 2009, the notice pursuant to § 403-C of
Act 91, and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $206,395.64, plus the following amounts accruing after February 17, 2010, to the date of
judgment: (a) interest of $52.36 per day, (b) late charges of $84.80 per month, (c) plus interest at
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LLC
Mary L. Har ert-Bell, Esquire
Attorney for Plaintiff
VERIFICATION
I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904,
relating to unsworn falsification to authorities.
N e: ary L. Harbert-Bell, Esquire
Title: Attorney
11-23-'09 16:00 FROM- T-135 P0034/0043 F-808
EXH1131 T A
EXHIBIT A (PAGE 1)
ALL THAT CERTAIN PROPERTY 31U ATED IN THETOMMIP OF LONER
MIFFLIN IN THE COUNTY OF ,MD AND COMMI3 EALTH OF
PENNSYLVAN i A. 1E 1 NS MW E RILLY MEN IBM IN A DEED DATED
1013112WB AND RECORDED 111211120013. AMONS THE LAND RECORDS
OF THE COUNTY AND STATE SET FMIH AWVE, IN DEED VOLL&E 277
AND PAGE 8711.
TAX MAP OR PARCEL 10 NO.: 15-04-OM-010B
C-t,t, ?, ti pa a14 m1- 1?1
11-23-'09 15:57 FROM-
",-135 P0025/0043 F-808
alo4l9 e,
This inmrtiment. was pnpwM by
UUM J DITZE6L
( ame)
P. ZIE:$LER
;?EC0RVEP. OF DEED-c
419 VI E D STS ISLE, PA. 17015 U JUL 30 PA 1 58
Rears Ta
Re ocft Frvasdng Sarvicm
377 Lamont Road
Elmhurat,M 60I26
(800) 549-8976
UPI i 15-04-0393-01076
711715 ?' `RTGAGE
I BOX IS CMXXHD, Ti1iIIS MOMAM 1S AN OPEN-END MORTGAGE AND
2MIMP FU ME ADVANCES.
THIS MORTGAGE i6 made this days of .I<A.Y 3007 . betwm the
Morcgsgor,EDNAFO H. NICKEY AID KINEXY-NT(REV. Tom-
I C I AL M RT8A6E CO -CF
419 V I LLA6E DRIVE, SUM 2 CARL ISLE. PA T- - , ?••••? ?? ?
The following paravwh preceded by a cheated box is applicable.
X
WHEREAS, Borrowa is indebted to Lander in the prindpai sum of Z
mdena d by Ba?s Low Repament and Security Ap mmant or saooWK7 MOOPP rain
"Note"), nr dated -LILY m?25 21ustcats e4ta and aw a:baoelaas or rewwds thereof (harem
aenouet of pwyaunts or the contract R tbst nbe in vii mom' ?? of a4mawaft to the
m
hir, with she hstaaoe of the iadebbdasae, if
not sooner paid, due and payable on j u ¦ y 2q -
a WHERMS, Borrower is indebted to Lmder is the p sum of S
or so much timmt as may be advaaoed pursusat to Bonum e's Rrvnivift t
and eftend= and reeretiraia thereof (bereia "Name'), prowidi,g for
monthly m-en iaterat at tbs rats and wader the terms specified in the Note, imludiag say
sdjmft uto in the iuterrst rate if that raft is variable, and pcovi&ag for a msdlt limit stated in the
principal sum above and an initial Wvmoe of 1i
TO M CURE to Lasder the mpmMent of (1) the indeb tome widens ed by the Note, with
interest thereon, indudmg any mesa if the cuatract rata b variabiq (2) fob= a hmm under any
Revol" L mm Agre meat; (3) the paymoat of 91 other sums, with int ermt thereom4 advan ed in
mardawe bemmith to peotect the swtuity of this 11fart&W and (4) the pedormaaoe of the covenem
and aSre ments of Borrower herein contained, Borrower dons bu vby mares. tease sad ommy to
I ender and Lender's smem a aa1 aipoa the &&,wing dascribod paamty lomad in the County of
CLURER AND Commanwadth of PtsmosglvaaiK
S39 X][8121'1' i-LBOAL DR&CaIPrIO7r
11-11-05 arts '++>s?r+wewrtevooeraoelaolo?waa?r „ osieirrL
Pawnee
IR2001P62593
11-23-`09 15:58 FROM-
'P-135 P0026/0043 F-808
-Z-
TOGETMM with all the improvements now, or hm=hw erected on the property, and an
eestment% riglim apporteoa m and renns, Al of which shell be deemed to be and m atin a pert of the
Property oovered by this Morep4p; and all of the foregoing, together with acid property (or the
leseehold oetate if this Mortgage is an a lateehold) are heranaftec Marred to as the 'P'roperty..
Borrower covononts that Borrower is lawfully seised of tbr. eataae hemby converged and has the
ri3ltt W martgage, grant and convey the Property, and that the pc+oporty is eutienccmdbamd, except for
eocumbrawn of record. Borrower taymuats that Borrower warrants sad will ddmd generally the title
to the Ptvpxq against all claims end demands, subject to encnunbranoes of record.
Ut M COV1iNANT& Borrower and Leader c4vesant and agree sa follows:
1. Payment of Principal, Isteread, Escrow l1etax Pr"Wynmt Charger, and Lou Chwpx.
Borrower ghaii pay when duce the Finvipl oC sod intetae[ C'mdun3ing any variations in itimm requiting
from chimges in the Contract Rate that may be specified in the Nola) on, die debt evidenced by the Nato
sad any prepayoheat charge and lace clnagaa due under the Note. Borrower abdl also pay funds for
Farrow Itaina pursuant to Section 3. Paymettr due under the Note and this Security tuatrvmeat shall
be made in U.S, cur etacy. Howem, if any due* or other i t raae;wsd by t eades as paynaaat
under the Nate or this Security Intl .meat is returned to Lender vaupaid, Lender may require that any or
all aubeequsnt papmenta due under the Nape sod this Security Instrument be made in one or more of the
following forma, is selected by hander (a) cash; (b) moody order, (c) certified check, bank dxck
ttarauiver- check or cooWe s; sheet, provided any such shack is draw upon an institution whose
deposits are rued by a federal armcy, watrumentality, or entity, or (d) Blattarotiie Puads Treader
.
Payments acs deemed received by Lender when received at the tocadon designated in the Note or at
such other laation ere may be designated by Lender in accordance with do polite provisions in Section
12. Lender may rett n any payment or partial payment it the payment or partial psyum is are
iasudficient to bring the Loan current Leader may accept any payment ere partial payment inmMoient
to bring the Loan amnt, without waiver of any rights hereunder or prjadlee to its rights to refuses
such payment or partial paymeata in the f bzr, but Lender is not obligated m apply lunch payments at
the time each payments are steepled. It arch Periodic Payment is appGod as of its scheduled due dame,
then L?+rrder seed not pay intmat on vaapplied foods. Leader may bold mch utiapplied funds until
Borrower makes payment to bring the Loon eurnat. If Bonm war dote not do so within a reason"
period of time. I.endrr shall either apply owh fumde or return them to Burrower. If not applied earlier.
such funds will be applied to the wAxte"ng principal belanoe under the Nara immediately prior to
foredowire. No oftest or claim which Borrower might have now or in the future apinot Lawar shall
rdieve Borrower from making paysaeaaa due under the Note sod this Security Inauu meat or
performing the coveoent o and agroeuments secured by this Security Instrument.
Z, Application of Payawats or Proceeds. Except as othuvieo &*aibed in this Section 2 or as
may be required by the Note andfar eppTicabfe law, all payments aocepted sad applied by Leander shall be
applied in the following order of priority; (a) iaierest due uodw the Note (b) principal due under the
Note. (c) amounts doe uupder Section 3. Such payments shall be applied to each Pciodie Payment in the
order is which it beams due. Any ramairang amounts shall be applied first to late lows, smand tD
my O&W amouaxts due under tbie Security Instrument, sad than to sedate the principal beletwe of the
Notm
B Lwdet receives a payment from Boeoowcr for a delinquent Pmodre Patment which includes it
sufficient amount to pay any late charge due, the payrneat may be applied to the delin*xnt payment
11-11-05 WG
tpomswwraor ow?cttr?
rnootant
WOOL PG2594
11-23-'09 15:58 FROM-
T-135 P0027/0043 F-808
-S-
and the late charjr- 2 tsars than one Periodic Payrar.ut is outatandia& Lender may ap$y any payment
received from Borrower to the repgmant of the Periodic Payments if, and to the eataot test, each
payment con be paid in full. To the adeat that any recites aim after the payment is applied to the foil
payraent of ant or morn periodic Payments, such awaas may be applied to any loft charges due,
Votuastary prepgr?lneais doU be applied first to any prepaymant charges and then as deacsibed in the
Note.
Any application at paymsaes, insurance ,proceeds, or ABe allsamus Proceeds to principal due
under the Note sba11 not fttmd or postpone the due data of chaege the amount, or the periodic
Paynaats.
3. Freda for Escrow Item Bortowar shall pay to Leader on the day Plaidic Payments are due
under the Note. umW the Now is paid in fuel, a am (the 'F1mds') to provide far payment of amounts
due for. (a) tares and assasraaate and other items which can attain priasity over this Sonority
Instrument se s lien at snemmbtanoe an the Ps"m ty; (b) lambeld psymeats or Vaned feats an the
Property. if any. (e) mmiusas four any and all iawance requited by Leader uodw Section S; and (d)
Mo:tpspe Insurance pramiuaus, if any. These items are called 'Esaow Rama.' At origination or at
any flan ducting the to m of the Lora. Leader easy require that Community Association Dues, Fan,
send Aaseaeeaeats, if atq, bs aseroMd by Borrower. and such dues, frees and eta shall bean
Escrow Item. Borrower " pmmpdy furnish to Leader all notices of amounts to be paid under this
Section. Basrower shall pay Leader the Funds for Barrow hme unless I,endet waives Borrowers
obliption to pay the Funds for any or elf FAmow Items. Leader may waive Borromes obligation to
pay to I.eaeler Irises four 'my or all Escrow Items at and time. Any such waiver may only be is writing,
In the event of such waiver. Bexiowsr shall pay directly, when and wham payalk the amounts due for
any Escrow Items for which payment of Punch has been waived by Leader and, it I,eadet requim shall
furnish to Leader ruodpls evidendas much payment within such time period as Lender may require.
Bonrnweee ou*xbm t0 make oxh payments and to provide re cq* shall for sell pcapossa be darned
to to a vovmmt and agreement contained in this Sopxky InewaenatL% as the phrase "covenant and
agreement" is mod in Section 7. If Bmvwer is obiigmd to pay Escrow Items directly. pum mt to a
waiver. and Borrower b& to pay the mount due for an Escrow Item, Leader may dserise its rights
11t1der Section 7 and pay such aatowt. and Borrower sledn then be obligated under section 7 to repay to
Leader any such amount Leader may rewire the waiver se to any or an marrow Items at any time by a
notice given is accordance with ScW= 12 and, upon such revoca*wa Bee rosw shall pay to Lauder all
Funds. and in such amouattk that am than required under this Section 3.
Lander may, at any time. =Out and hoid Funds in an amount (a) su[f dent to permit Leader to
apply the Ptmde Al the time %=Wod under RBSPA. and (b) not to cured the numnsum amount a
lender ran require under the Rest Bye Settlement Pwoodures Act (12 U.S.C. Section 2601 at seq.) and
its implementing regulation. Rgplatioa x (24 C.F.R. part 35000. ere they milt be amended hum time
to time, or a7 addiQand or sucamer kgdatien or regulation that governs do same subject maher_
As used in this acmity romans, 'RESPe rdaa to ill raquiretnenta and restriWow that era
imposed in regard to a 'federally related mortgage low" even if the loan doss not que ft as a "federslly
related mortgage lose ands[' RESPA. Leader shall estimate the amount of Funds don an the bads of
current data and reasonable estimates of e3pwAtus'es of foam Emow Items or otiherwpaa is
=x lance with Applicable Law.
The Funds shat! be bdd in an iastitudoo whose deposits ate maned by a federal sp oc y.
instrumentality, or entity (including Lender. if 1.rader is an institution whose deposits are an inmxW)
11-11-16 hews
1?alD»N14dt:7 ? eatlalwsl_
FAM13M
OK2001 PG2515
11-23-19 15:58 FROM-
T-135 P0028/0043 F-808
-O-
ar in say Federal Home Loa Boot Lemcler shall apply the Poods to pay the Escrow. Items no later
than the time apeefified under RWA. Lendezr shall not charge Borrower for holding and applying the
Punds, ansudly analyzing the escrow account or vrsrifying the Farrow items; unkaa Lander papa
Borrower interest an the Funds and applicable low permits I.esder to marts such a charge. Unless an
a®eamant is mark in writing or AppSeshle Law requires interest to be paid on the Pumds, Lwdsr shall
not be rwffid ad to pay Borrower a"', s- ayor amisrgs on the Funds. Borrower and Leader can
agree in writing, however, that interest s6sil be paid on the Fuwds, Lander shalt give to Borrower,
without char, an annual accounting of the Funds as required by RIWA,.
R there is a surplus of F cub held in escrow, as defined trader RESPA. Leutder shall account to
Borrower for the excess funds in accordance with RMPA. If these is a shoruW of Prods held in
escrow, as defined under RBSPA, Lender shall notify Bonvwsr se required by RESPA, and Borrower
shell pay to Lender do amount nave any to mate up the s mup in accordance with, RESPA, but in no
mars d an, 12 monthly paymeate. ly there is a de,Cmiency of Puads held in ems. as defined under
RESPA. LeYeder dl'M notify Borrower as mgnind by RI SPA, and Borrower shell pay to I.eaeiar the
amount neassery to assts up the de iciWL7 in accordance with. RESPA, but is no more than 12
monthly psymenta.
Upon PWment in full at all auras secured by this Security Instrument, L,eayder dwa promptly
refund to &nv wee sty Funds held by Lander.
4. Ptioc Mortgages sad Deed of Trwrt (mss; Iaess. Borrower sbaJ1 perform all of
Borrower's obligations under any morgW deed of trust or other aecu City a<reement with a lieu which
has priority o w this Mor sin incloding Borrower's covsnte to mate ps menta wbem due. Borrower
shall pay or rawer to be paid all tarns, muniments sod other ch t yes, rims and impositions attributable
to the Property which may attain a priority over this Mortgage, and lessehoid psymante or ground
rents, if any.
S. Aatard rssnnom Borrower shalt keep the improvements soar mdating or hared rr szected on
the Pr+ope sty insured against loss by firs, hazards included within the tam *Uuoded coverage," and
such other hancda as Lander may regrare.
IU insurance earrie;r p wkgimg the insmaooe shall be chosen by the, Borrower subject to approval by
Lender vrovidK that sub approval shalt not be unremonabiy withheld All usurance policies and
rawwals theryof dhsli be in a form acceptable to Leader and shale indude a stsndud cum-" clause in
favor of and in a form able: m Lender. Leader"have the rioter to hold the policies and renswais
thereof, subject to the terms of my mortgage, deed of tn* or other security agreeme nt with a lien which
hag priority over thide Mortgage„
Iu the event of lada? Borrower shill give prompt notice to the insurance carrier sad Lender. l.eocier
maymateprodat kmif notmadspromptlybyBorr mw
If the Pt opmty is abandoned by Borrower, or if Borrower faits to respond to I.ea within 30 days
from tree daft notice is mrdled by Irssder m Borrower that the ham oca carrie r offers to settle a risen for
insurance bets; Leader is sudhaized to collect and apply the iasuuasce I - - ds at Leers optiam
aithertorataeatiancerrpairoftbaPropartyontothesmmaaecueedbytb Nbctpgct
6. Preservation std Mdateossos of Prqpwty; Leaseroidee; C*n&"sieiudW Planned Unit
Dowle pmente. B zn war shall imp the hopeaty in good repair ad dian not commit evogto or permit
impsiaaent or date ierativa of the Property and simn oompily with the providoan of any lease if this
Mortgage is CA a lesacdeold. $ fhb Mortgage is on a unit in a condominium or a plamed snit
Borrower shall all of BorroWs ? ?
P?? obfigstioos under the dedaratiem or oovamdtata a+eatisag or
11-11-05 UM
'vooattiuvoueeeweearrr ¦ acaewu.
fK200I PG2596
FAMI st
11-23-'09 15:58 FAf.IM-
-135 P00291/0043 F-808
-S-
goveraing the condommWom or planned unit dwdopmeat, the byitwt sad regulations of the
c?adomintwn. orpiaasad udtdevelopaCtant, andonastitueatdoc?teenffi
7. Pirvteetiom? of Londees Seewity. If Bormww fails to perform to coveamm and asrv=mu
oorstaiaed in Win Afoe.VW or if sqy action a proooeditrg is eotomeoosd which matmially o fleas Lwxwder's
intar a in the Property. then Leader. at sender's option,. upon wtm to Borrower, may mob such
appesranoee,dsbemnsvchmme„indudingreaoaebieathamm dfees.andbutssuchactionaxisneommwm
prat-Mandmeei, - -al
Any amm mte ddmmd by Leader pureumt to this paragraph 7, with interest thereon, at the contract
rate, shall become add Mond iadelmdomes of Borrower smxsd by this 1liergw Uakes Botrower and
Leander ogres to other terms of pp=eat. much amounts shall be pgsbM upon notice from Leader to
Borrower mquesgo<paTamant 6awL Nothing contained in this psragrsph 7 shall require lender to incur
any empeoea over fete aawaction hRxevtfdar.
8. Inspeetim. Leander maw tale or pose tv be made ressomble entries upon and inePmdom of the
Property. provided that Leader tllyd! give Borrower tyoaoe prior m any such impaction specifying
r=mmbiecuwdmxckwrdaudtaLeadWsblbn tintheProperty.
9. CaW maatian. The prrocoodo of any even or daim for dermas, direct or consequential, is
eonaectionwithmwomdem=dioncrothertddagofthePfoperty,orpertthemt or farconverymminUm
of moo, we hereby assigned and shall be paid to Leads. subject to the terms of =w mortv4m
decdoftnmoradmaxwityagrampatwith&Hen. chhampsiorityovwdimWhwr,
14. Borrower Not Released; Forbseraoca By Leader Not s Wavier. Rommon of the time for
paymeazt or modification of amnRizatian of the swam secvend by this Mortgage granted by lender to any
sumossor in interest of Bummer ehdl am operate b rdcar, in any anaoaer, the liability of the ocixi W
Borrower and Barrowees successors in ingest. Loader shall not be required to commence proeeedrapr
spinal such auace+smrar rduse to wngd tinne far pq mwmt or otherwise modify won of the sums
secured by this Mmipp by reason of nay dearsed made by the original Borrower and Borrower's
m=maorsin.m%r+set.AnyforbaisnoabeyImWwincn=n 8aspr*dorremedyhereunder,errotherwise
aff'or&dbysppUc"lav.sbMwtbeawaivwofarpnddatheemmviseofaaymxhd*orr mady.
11. Strooeawors and AmiSm Bouaef; Joint and Several Liability; Co-sign ass. The oovamanta and
asc+eommeats her in contained dud bitld. and the rights bervander shall inure to, the reep"ve aetooaaeers
and assigns of Lander and Borr,owes, subject to the provisions of persgraph 16 hereof. All covensuls sand
agrxrmmofBorrower shallbejointand. several. AnyBormwerwhooyiipsthis Mortp kbrcdoesnot
easemm the Nate, (a) is co-signing this Mortpge only to mo mM grant and convey that Bower's
interest is the Pr pwq to Leader under the am of thin Mortpge, (b) is trot pwooodfy liable as the Note
or under this hiortgW and (c) means that Leander and nay other Borrower heretapder may some to astend,
modify, forbear, err mak a nay otheraooammodstions.ith reprdto the terms of this Marip®e or the Nate
without that Borrowes'someent and without rdmingthat Borrower or mod f rift*is Martp ss to that
Borrowcesint restintbr Property.
12. Notim B zq tfwuw notice requarad under sppiicablelaw to be siven in another manner. (a) any
nudoeto&crowerprovidedforinthisMortppahaH beevmbydeliveringitorby mailittgeaGhnoticeby
certified merit, addressed to Borrower at the Property Address or at much other address as Borrower amy
daeiSoate by native to I.aedor as provided hepdn, and (b) any notice to Leander shall be given. bir ee rlifin i
mail to Lcn*es - 41 staled herein or to such other address so Lender may de dilate by notion to
Borroweraspramidodharcin. Any- 0osprovidedfarin thisMartgapshall bedeemad tabavebeen given
toBorrowerorl,todeewheagive,niathomenowda4matedhe svia.
13. Govesmiiy Law; Sevecrabilisy. The appiicsbielaw contained in the Note "I control. Where no
applicable law is c oaWned tbmi% the wrtats and loaf laws applicable to this hbrWW shalt be the laws of
the AmiadictoniaLmhiel-the Ronae?is laee?ad_ 11s;d o< ¦..ee.? ?.rr :t ,t.w ..,.,t:.?.t ti:+,.
11-tt-05 Mto
ViNOM++uceott ¦ aRicIwe„
PAW305
BK2001 P62597
11-23-'09 15:59 FROM-
T-135 P0030/0043 F-808
-6-
of Federal hw to this 1?(Ar*W in the event that any provision or dam of this Mortpga cr tht
Note oonf -ts with applicable law, Mundt eoeBict edasil not affect other pr+pmiitans of this Mortgage or
the Note which can be given dFact without the coefliatitag provision, and to this and the provisions
of this Mortgage and the Note am declared to be se:vexable. As used herein, 'cosdl," "eapeoW and
"attorney, fees" Muds All Sums to the fntsF,t not prehiNted by sppiicabio law ur Mmilad herein.
14. Bomwesr's Copy. Borrower s1::il be furnished a oooformed copy of the Note add of this
Mortpp st the time of eeaocudon or attar rwocdatio n beano[
15. Rahabilitation Loan Agru ment Barrewearerbrdl fulfill ill of Bortoweesobiiptionsundwasp
home rehabilitstien, Improwmmsk tepair. or other ken astamcet which Borr a sorters into with
Leader. Lander. at LR,u Ws option, may requite Harrower to wa=ft and deliver pas Lander. is a form
acosposble to LCOdw. an anig nOmW Of MAY tigltls, caitaAs of dattae -a which Borrower may have aping
pa teeeohoanpplytabew,mateniboeaernmineonowtimwithimpsaveoaeftmadotoftPkgwty.
16. Trawdwr of that Property. N Borrower sells or uudfas all or say part of the Ptalwty
or an interest dweia, eaoahift (a) tho =arm of a lien or encumbrance mbaedisate to this
Mortpge, (b) a tsmder by devise. desomt, or by oper+s w of law upon the death of a joint tenant,
(c) the grant of any kunhoid interact of thret years or leas not cantainvog an option to purchase. (d)
the centiao of a ptnchase moray security ierterl3at for bouseihadl sppliaeose, (e) a transfer to a
relative newahiting trap the death of a Botro+rar, (f) a transfer wham Ow apaese at children of the
Borrower become an owner of the property, (y) a traw4er moulting irons a dense of dissolution of
marriage, lepl separation agfeeemeat, or from as RwklcnW property settlement apnemeat, by which
the spouse of the Borrower beoomes an owner of the proparty. (h) a moonier ista an inter vivos
trust in which the Borrower is and remsins a beadiclery and which does not relates to a traashr of
rights of occupancy in the property, or (i) any other utaoskr or disposition 4==''bed in rcgdk cm
pre sunbed by the Federal ):Tome Low Back Board. Borrower shell suss to be oubmitted
information :w#*8d by Leader to a mduate the sraneEaee as if a new loan ware bang made to the
traesteree. Borrower will continue w be obl vtwd under the Note and tlAz Mortwege unless Lender
mteeass Borrower in writing,
if L,sndsr does not agate to such asle or trahdcr, Lender may declare A of the sums w=xed by
this ild wWp to be immedi Wy due and psysbla 2 Leader amcim tooth optim to aavleraw6 Lander
shalt marl Bmtower fl ad- of accelaretion in accordance with perstaph 12 hweot Such notice shell
provide a period of not ka than 30 days from the date the entree is mailed or delivered within which
Borrower may pay the sums declared due. if Borrower fails to pay such arms prior tc the espir4d= of
such period, L emider may, without furtba sotwe or demand on Borrower. invoke am remalies
permitted by perapaph 17 bereof.
NONAJNU M COVENANTS. Borrower and Leader further covenant and agree as fdlawc
IT Acceleration: leme&w Bsoept as provided is pmvqA 16 bacof; op m Borrower's
breach of any covenant or agmeement of Bormwew in this Mortgsga„ inchum" the covenants
to pay wban date my sums sneered by this Mor4pW.. I.sader prier to accolomtjou Asia give
notice to 8or uww as provided in parapaph 12 box apecityie` (1) the bcasck (2) the
action rega3ttd to sire sash brtehdr (3) a doe, not has than 30 clays from the date than ne>boe
is mauled to Harrower, by which mach brcaGb mast be cured; and (4) *K failm to corm such
breach on or blare the daft specified in the aortas ashy ratan in acalwatfim of tho sums
secured by this Mortgage, fancloswe by JWWW proandium mead oak of this Repo y. The
11-11-06 KM
'M700?2017MOMr$.1000P11001300??}11Q?r ? dtl$INI1?
W2001PG2598
PA$a1306
11-23-'09 15:59 FF M
T-135 P0031/0043 F-808
7-
notim shoU further infam Borrower of tie riot to r=noft a after acceleration and the
risbt to assert is *0 foreclosure Proceeding the aasitzlsteaoe of a dafauk or any other
defense of Borrower to acceleration and foreckwrrk If the beach is not cued ooh our before
the data specified in the sotice, Lesedet, at Leader's option, may declare W of the same
seesvied by this Mortgage to be imemdieWy dams and payable witiost fordar dacmnd and
may fosrcloae this Mortgage by ju&dal pranced n& Leader dk&U be entitled to collect m
so& proceeding all expeasoee of fcredosa ve inchWis& but not DAm tad to rersomMv
attorneys! fen. Cad costs of doeuameeatery evidence. abstracts and title reports.
18. Borrower's Might to Reinstate. Nortwithataa u Leode's socderation of the mums by this
Mortgage due to Bccrawees breach, Borrower shall have the right to bava any pcoeoodinga begun by
I rode: Ito atom this Mortgepe discontinued at any time prior to carry of a judgment eafaaeang tins
Mortprgp if: (a) Borrower pays Leader all wens whi-3- would be thm due cedar this Mortgage and
tba Note had no aooelamtioo owmred; (b) Borrower auras all branches of Coy other auvrmnts or
aaroemeo# of Borrower Contained in this MortVM (e) Borrower pays an reumnable expenses
iutcurred by sander in emfarang to euveommta and agreements of Borrower courained in this
Martsage. and in eofarsing ImmWs nmwdiea as provided in puv$n * 17 bereaf, includin& but not
limited to, rraaOnabte attonmW fbm; and (d) Borrower Wm such action as Lender may reasoaably
require to assure that the lia4 of this Mkirtpge, La &es 3nmrest in the Property and Borrower's
obligation to pay the sums nmvd by this Mortgape dbatl eaadnats rmimpdred. Upon such payment
and taro by Borrower, this Mor4w and the obliptioos secured hereby shall remain in hill force
sod effect as if no acceleration had ooa nc&
19. Assignment of Rents; Appointment of Roewiver. As adcg*nd security he rconder,
Borrower hereby assips to Leader the -ants of the Property. provided that Bonvwer shall. print to
wcdMtioe udder pang-aph 17 hexed, in a6mdonmant of the Property, have the right to Collect and,
retain such nut ore that' booom due and pgsble.
Upon sooderatian under pwa$mpb 7 hereof at Absadoormrat of the Property, I cedar Abell be
entitled to have a rcce fiver tppointed by a next to aoft upon, td a posreesion of and mansgs the
Property and to collect the nmis of the Property indauft rheas post due. All -+e l t 1 collected by the
ioceiver shell be applied first to pgment of the costs of mampment of the Property and callectien
of rents, iocludin& but not limited to, reccivaes. facer, premsiuome: on receivae s bonds and reaaooabie
attorneys' fees, and then to the auras secured by this Mortpp The rvo6vur AMR be liable to
account only for than :tents actually reosivsd.
20. Release. Upon p"ment of all sua-s secured by this Mortpags, header shall relesee this
Mortg gas witima charge to Borrower. Borrower" pay all costs of rewr&uao. if any.
21. Waives of Homestead- Borrower hereby waives all right of homestead aseaeptioa in the
Property under state or Federal law.
22. Interest Bate After h4smeat. Borrower epvm the Ma[ast rate payable after a judgment
is entered on the Now or in an action of mortpags foreclosure, " be the -nee stated in the Note.
23. Arbitrative Yoder to Ne»e. The Arbitration Rider attached to and made a part of the Note
is hamby incorporated by reference and mods a pert of this Muu4nk
11-11-05 WI PAM M
RRSeNlD7711mR0lo0rPU100f?70`?'MICKl11 ¦ glttillYlL
K-2001 PG25S9
11-23-'09 15;59 FROM-
T-135 ?0032/0043 F-808
-s-
RBQMTFOR NOTICE OF DEFAULT
AND FOREL7A6URB UNDER SUPERIOR
MOMAGBS OR DE M OF TRUST
Bor mwa and Letai? ra pud the holder of tiny mw*ge, deed of that at other cneomxbeaoce with a
lien which has pdoRity Oyu this Mor0V to give Notice to Lender, at lmmWs addreaa eat forth on
paps one of this Mortgage. of any MwAt in3ar the mgwsior aoaumbtsncv sad at my ate or
foreclosure action,
*AlnlD !ACHY
31
I hereby certify that the prociae address of the I.eadsr (MortgageOn behalf of the Lender. By. P7 N1iS Ct DYIffi Titer S.t?.
COMMONWEALTH OF r.xaT ?e?h
I, PEERN XS= a Notary Public in and for said eotmty and sate, do hereby
P mostly town to me or pe+arm to be ftc same pecans nam s ARE
subscribed to the fin*Viug iastrumeot, appsetnd before ma this day in person, and aclrnowb t as
he Y signed and delivated the said ip h nt as Tmg free vo lunte y
act, the van and purposes tba ain sm frith.
Given lender my hand and ofg" tied, this -- - .25TH Cly of
My Commiaion cspitrar
COMMONWEALTH OF PENNSYLVANM
DMffSE X CWW
County =
I, a Notary Public in and for said comty and sate, do hereby
cftvy that
pexaomaily lonowu to me Of pravan to be the =me person a w a
subacnlW to the foregoing iaetru mmt, appeared before ate this day in person, and soboow that
he aigmed and delivaW the said insttumemt as fine voluntary
ZCTor the uses and pttrposea dwran sat forth.
Given under my hand and official tied, this day of , ZD
my Commission eipim
certify this to be recorded
Public
Notary Zu Cumland County PA
FAM13M
« 01"Ci N.
0
11-23-'09 15:59 FR M-
11-11-05 um
+MI50?2II77fi?1[f>?1?OOySOIOMMiIQIEY ? dtf6i1111L
T-135 P0033/0043 F-808
-9-
*we Below TV= JA= Rwwrwd For L "w =ad Recorder:
FAMM
2001 PG2601
11-23-'09 16:00 FROM-
T-135 P0034/0043 F-808
EXHi81T A (PAGE 1)
ALL THAT CERTAIN PROPERTY 81TUATED IN THETOINSH1P OF LONER
MIFFLIN IN THE COUNTY OF GIAMERLAND AND COMMUNNEALTH OF
PENiSYLVAN i A. BEI NS MME RILLY 13ESQt IBM IN A OEED DATED
10181/2006 AND iECtIEM 11/2912006. AMOIe THE LAND W-COW
OF THE CUM AND STATE SET FORTH ABOVE, IN DEED YOLLI E 277
AND PAGE 3711.
TAX MAP OR PARCEL ID NO.: 15-04-OSM-OI08
M1T50awrdsM boom mf9000? lamr N oRiatm
`-? 11 ao fl t Pa a14 ot- "I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson .,.f r~.~-~~ ~~' ' ; ,Y±M,~~
Sheriff ~~~+~t~tr of ~au+Gr~j~z~r
Jody S Smith ~ : ~0(~ ~'~~ 2=v }'!' ~~'.~ C.7
Chief Deputy ~ -~ ~ ~.
.~ .r..
Edward L Schorpp ~ - ;,~,~~~~
G~,
Solicitor ~rrr ` ~ ~ ~ `"=~'r~ 4
!`~ ~ ~ ~I
Beneficial Consumer Discount Company
vs.
Kimberly A. Nickey (et al.)
Case Number
2010-1162
SHERIFF'S RETURN OF SERVICE
02/22/2010 07:20 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
22, 2010 at 1920 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kimberly A. Nickey, by making known unto herself personally, at 280
Meadows Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to her personally the said true and correct copy of the same.
.~
ROB T BITNER, DEPUTY
02/22/2010 07:20 PM -Robert Bitner, Deputy Sheriff, wha being duly sworn according to law, states that on February
22, 2010 at 1920 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Edward H. Nickey, by making known unto himself personally, at 280
Meadows Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
ROB RT BITNER, DEPUTY
SHERIFF COST: $54.80
February 23, 2010
SO ANS S,
~~~
RO N R ANDERSON, SHERIFF
icl Cou~YySuite Shenff. ielea.=,o`t Inc
.~
a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Beneficial Consumer Discount Company ;CIVIL ACTION
DB/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff, ~ NO.: 2010-1162
Vs.
Edward H. Nickey PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
and
Kimberly Nickey a/k/a Kimberly A. Nickey,
Defendants.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: n N
1. Directed to the Sheriff of CUMBERLAND County;
~r~
. Q
c
~
2. Against the Defendant(s) in the above-captioned matter; :_
M'Fv,
~~ r : ~
~ ~
T° ~
'
3. and index this writ against the Defendant(s) as follows: ~<
~F_;
~: ~_, v
~ ,~
_
Edward H. Nickey ~ ~ ~~m
Kimberly Nickey a/k/a Kimberly A. Nickey
Real Property involved: 280 Meadows Road
Newville, PA 17241
Amount Due
Interest from 3/27/10 to 9/8/10
at $34.28 per diem (6%)
TOTAL
(Costs to be added)
DATE: June 3, 2010
{00459000}
$208,564.56
sY.ga- tea.
r
.UV - /r 'f
!~{ .UU - ~r ~ !
Respectively submitted, ~ SU _ rr ~~
Milstead & Associates, LLC
`~ X87 3U _ r~ ~ ~
ary L. Harbert-Bell, Esquire
Attorney for Plaintiff
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002 ~~ UU ~v
r~ ~~
e~ 7~s.~/
~aY3 J'ro
~°
ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON
SITUATE IN LOWER MIFFLIN TOWNSHIP, COUNTY OF CUMBERLAND AND STATE
OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS=
BEGINNING AT A RAILROAD SPIKE IN THE CENTER LINE OF TOWNSHIP ROUTE T-
418 ON THE LINE OF LAND NOW OR FORMERLY OF WILLIAM C. KOSTENBAUDER;
THENCE ALONG THE CENTER LINE OF THE SAID TOWNSHIP ROAD, SOUTH 05
DEGREES 48 MINUTES 40 SECONDS EAST, A DISTANCE OF 278.95 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 09 DEGREES 18 MINUTES 40 SECONDS EAST, A
DISTANCE 72.45 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 18
DEGREES 57 MINUTES 40 SECONDS EAST, A DISTANCE OF 111.39 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 29 DEGREES 46 MINUTES 40 SECONDS EAST, A
DISTANCE 83.55 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 26
DEGREES 35 MINUTES 40 SECONDS EAST, A DISTANCE OF 76.29 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 11 DEGREES 39 MINUTES 40 SECONDS EAST, A
DISTANCE OF 63.40 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 05
DEGREES 44 MINUTES 40 SECONDS EAST, A DISTANCE OF 147.63 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 07 DEGREES 38 MINUTES 40 SECONDS EAST, A
DISTANCE OF 98.47 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 14
DEGREES 14 MINUTES 40 SECONDS EAST, A DISTANCE OF 67.22 FEET TO A
RAILROAD SPIKE; THENCE ALONG THE NORTH SIDE OF A PRIVATE ROAD AND
LAND NOW OR FORMERLY OF THE GLADFELTER PULP WOOD CO., NORTH 50
DEGREES 18 MINUTES 50 SECONDS WEST, A DISTANCE OF 333.30 FEET TO AN
IRON PIN; THENCE LEAVING THE SAID PRIVATE ROAD AND CONTINUING ALONG
THE LATTER MENTIONED LAND, NORTH 40 DEGREES 18 MINUTES 50 SECONDS
WEST, A DISTANCE OF 231.00 FEET TO AN IRON PIN AND STONES; THENCE ALONG
THE SAME AND CROSSING THE SAID PRIVATE ROAD, SOUTH 53 DEGREES 41
MINUTES 10 SECONDS WEST, A DISTANCE OF 201.30 FEET TO AN IRON PIN AND
STONES ON THE SOUTH SIDE OF THE SAID PRIVATE ROAD; THENCE ALONG THE
SAME AND THE SOUTH SIDE OF THE PRIVATE ROAD, NORTH 51 DEGREES 18
MINUTES 50 SECONDS WEST, A DISTANCE OF 350.62 FEET TO A SPIKE IN A STUMP
ON THE LINE OF LAND NOW OR FORMERLY OF FRANK SNYDER; THENCE ALONG
THE LATTER, NORTH 48 DEGREES 51 MINUTES 50 SECONDS EAST, A DISTANCE OF
176.61 FEET TO STONES; THENCE ALONG THE LAND NOW OR FORMERLY OF
STEVEN MCCARREN AND THROUGH THE CENTER OF A STONE ROW, NORTH 52
DEGREES 21 MINUTES 10 SECONDS EAST, A DISTANCE OF 345.05 FEET TO AN IRON
PIN AND STONES; THENCE ALONG THE LAND NOW OR FORMERLY OF WILLIAM C.
KOSTENBAUDER, NORTH 56 DEGRES 20 MINUTES EAST, A DISTANCE OF 272.29
FEET TO A RAILROAD SPIKE IN THECENTER LINE OF THE SAID TOWNSHIP ROAD
T-418, THE PLACE OF BEGINNING.
LESS HOWEVER 0.8131 ACRE WHICH RAYMOND M. PETERSON BY DEED DATED
DECEMBER 7, 1990 AND RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN
AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK 34X, PAGE 59,
GRANTED AND CONVEYED UNTO WILLIAM J. WEAVER AND ELIZABETH D.
WEAVER, HUSBAND AND WIFE.
Being known as 280 Meadows Road, Newville, PA 17241
Tax Parcel Number: 15-04-0393-OlOB
{00459000}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-1162 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s)
From EDWARD H. NICKEY AND KIMBERLY NICKEY A/K/A KIMBERLY A. NICKEY
(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 $208,564.56
L.L. $.50
Interest FROM 3127/10 TO 9/8/10 AT $34.28 PER DIEM (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $187.30 Other Costs
Plaintiff Paid
Date: JF,3NE 7,, 2010
D e , Pr thonotary
(Sean By:
Deputy
R:E'QUESTING PARTY":
Name MARY L. I~ARBERT-BELL, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301.
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No. 80763
'~ MILS~I'EAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
std ~~+c P~~~ I-.;~t`~''
ZOlO .lU~ `~ ~~# ~~ 42
4,,t.-`,
~",i1~~r~S~i..~la~J~A
Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS
DB/A Beneficial Mortgage Co of ~ CUMBERLAND COUNTY
Pennsylvania,
No.: 2010-1162
Plaintiff,
Vs. ~ AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Edward H. Nickey
and
Kimberly Nickey a/k/a Kimberly A. Nickey,
Defendants.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of
Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
280 Meadows Road, Newville, PA 17241:
1. Name and address of Owners(s) or Reputed Owner(s):
Edward H. Nickey
280 Meadows Road
Newville, PA 17241
Kimberly Nickey a/k/a
Kimberly A. Nickey
280 Meadows Road
Newville, PA 17241
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
{00459000}
None I~iiown
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
(Plaintiff herein)
636 Grand Regency Boulevard
Brandon, FL 33510
5. Name and address of every other person who has any record lien on the property:
None Known
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:
Capital One Bank (USA), NA
15000 Capital One Drive
Richmond, VA 23238
Capital One Bank (USA), NA
c/o James C. Warmbrodt, Esq.
436 7~' Avenue, Ste. 1400
Pittsburgh, PA 15219
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
280 Meadows Road
Newville, PA 17241
Department of Domestic Relations
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the 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 1$ Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
ary L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: June 3, 2010
{00459000}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
D1B/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Edward H. Nickey,
and
Kimberly Nickey a/k/a Kimberly A. Nickey,
Defendants.
TAKE NOTICE:
F1LEl~-~~,~~;~;~:
20I4 JUG -7 A 8~ ~C
Attorney for Pl~a~~~~~y~~`/'~ ~i'~
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2010-1162
NOTICE OF SHERRIF`S SALE OF
REAL PROPERTY PURSUANT
TO PA.R.C.P.3129
Your house (real estate) at 280 Meadows Road, Newville, PA 17241, is scheduled to be
sold at sheriff's sale on September 8, 2010 at 10:00 am in the Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$208,564.56 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage
Co of Pennsylvania.
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 Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may ca11856-482-1400.
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 following page on how to obtain an attorney).
{00459000}
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 bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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 a 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 on a date
specified by the Sheriff not later than thirty 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.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
22.11476
{00459000}
ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON
SITUATE IN LOWER MIFFLIN TOWNSHIP, COUNTY OF CUMBERLAND AND STATE
OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS=
BEGINNING AT A RAILROAD SPIKE IN THE CENTER LINE OF TOWNSHIP ROUTE T-
418 ON THE LINE OF LAND NOW OR FORMERLY OF WILLIAM C. KOSTENBAUDER;
THENCE ALONG THE CENTER LINE OF THE SAID TOWNSHIP ROAD, SOUTH 05
DEGREES 48 MINUTES 40 SECONDS EAST, A DISTANCE OF 278.95 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 09 DEGREES 18 MINUTES 40 SECONDS EAST, A
DISTANCE 72.45 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 18
DEGREES 57 MINUTES 40 SECONDS EAST, A DISTANCE OF 111.39 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 29 DEGREES 46 MINUTES 40 SECONDS EAST, A
DISTANCE 83.55 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 26
DEGREES 35 MINUTES 40 SECONDS EAST, A DISTANCE OF 76.29 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 11 DEGREES 39 MINUTES 40 SECONDS EAST, A
DISTANCE OF 63.40 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 05
DEGREES 44 MINUTES 40 SECONDS EAST, A DISTANCE OF 147.63 FEET TO A SPIKE;
THENCE ALONG THE SAME, SOUTH 07 DEGREES 38 MINUTES 40 SECONDS EAST, A
DISTANCE OF 98.47 FEET TO A SPIKE; THENCE ALONG THE SAME, SOUTH 14
DEGREES 14 MINUTES 40 SECONDS EAST, A DISTANCE OF 67.22 FEET TO A
RAILROAD SPIKE; THENCE ALONG THE NORTH SIDE OF A PRIVATE ROAD AND
LAND NOW OR FORMERLY OF THE GLADFELTER PULP WOOD CO., NORTH 50
DEGREES 18 MINUTES 50 SECONDS WEST, A DISTANCE OF 333.30 FEET TO AN
IRON PIN; THENCE LEAVING THE SAID PRIVATE ROAD AND CONTINUING ALONG
THE LATTER MENTIONED LAND, NORTH 40 DEGREES 18 MINUTES 50 SECONDS
WEST, A DISTANCE OF 231.00 FEET TO AN IRON PIN AND STONES; THENCE ALONG
THE SAME AND CROSSING THE SAID PRIVATE ROAD, SOUTH 53 DEGREES 41
MINUTES 10 SECONDS WEST, A DISTANCE OF 201.30 FEET TO AN IRON PIN AND
STONES ON THE SOUTH SIDE OF THE SAID PRIVATE ROAD; THENCE ALONG THE
SAME AND THE SOUTH SIDE OF THE PRIVATE ROAD, NORTH 51 DEGREES 18
MINUTES 50 SECONDS WEST, A DISTANCE OF 350.62 FEET TO A SPIKE IN A STUMP
ON THE LINE OF LAND NOW OR FORMERLY OF FRANK SNYDER; THENCE ALONG
THE LATTER, NORTH 48 DEGREES 51 MINUTES 50 SECONDS EAST, A DISTANCE OF
176.61 FEET TO STONES; THENCE ALONG THE LAND NOW OR FORMERLY OF
STEVEN MCCARREN AND THROUGH THE CENTER OF A STONE ROW, NORTH 52
DEGREES 21 MINUTES 10 SECONDS EAST, A DISTANCE OF 345.05 FEET TO AN IRON
PIN AND STONES; THENCE ALONG THE LAND NOW OR FORMERLY OF WILLIAM C.
KOSTENBAUDER, NORTH 56 DEGRES 20 MINUTES EAST, A DISTANCE OF 272.29
FEET TO A RAILROAD SPIKE IN THECENTER LINE OF THE SAID TOWNSHIP ROAD
T-418, THE PLACE OF BEGINNING.
LESS HOWEVER 0.8131 ACRE WHICH RAYMOND M. PETERSON BY DEED DATED
DECEMBER 7, 1990 AND RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN
AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK 34X, PAGE 59,
GRANTED AND CONVEYED UNTO WILLIAM J. WEAVER AND ELIZABETH D.
WEAVER, HUSBAND AND WIFE.
Being known as 280 Meadows Road, Newville, PA 17241
Tax Parcel Number: 15-04-0393-OlOB
{00459000}
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM - ID # 309480
BRIAN T. LAMANNA ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
v.
Edward H. Nickey and Kimberly Nickey a/k/a
Kimberley A. Nickey
Defendants
Attorneys for Plaintiff
? c c
zo a co =
-t o M
--e
Cumberland County
Court of Common Pleas
Number 10-1162 Civil
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of McCabe, Weisberg & Conway, P.C., as co-counsel for Plaintiff, in
the above captioned matter.
DATE: December 23. 2011
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM - ID # 309480
BRIAN T. LAMANNA ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1.010
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania
Plaintiff
V.
Edward H. Nickey and Kimberly Nickey a/k/a
Kimberley A. Nickey
Defendants
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 10-1162 Civil
CERTIFICATE OF SERVICE
The undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within
Entry of Appearance was served on the below parties on the 23rd day of December, 2011, by the United
States mail, first class:
Edward H. Nickey
280 Meadows Road
Newville, Pennsylvania 17241
Kimberly Nickey a/k/a Kimberley A. Nickey
280 Meadows Road
Newville, Pennsylvania 17241
Date: December 23, 2011
Y(??4
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
FILED-OFFICE
Of THE PRQTHWARY
2012 JUL 27 AM 10: 02
TY
CUB AYDACN
YLV Our
File No. 22.11476
Beneficial Consumer Discount Company
DB/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Edward H. Nickey
Kimberly Nickey a/k/a Kimberly A. Nickey,
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2010-1162
Withdrawal of Annearance
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of the Plaintiff, Beneficial Consumer
Company DB/A Beneficial Mortgage Co of Pennsylvania.
DATED: ?_O_)Q"'
MARY L. HARBERT-BELL, ESQ
Attorney ID No. 80763
MILSTEAD & ASSOCIATES, LLC