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HomeMy WebLinkAbout10-2553 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 HANDRA 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 pleadings@udren.com 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. Ward S. Mansbarger County Kelly A. Mansbarger NO. 10 -x553 428 Prowell Drive Camp Hill, PA 17011 Defendant(s) C7 ra -0 0:! -t ..1 ..4 .. -00 --? cl C" - jr ri iw w i atv i t l erm COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL -49a.oo PD All"I Ck?' !49338 ??'awa?sq SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 f f AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 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: 428 Prowell Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 12/15/04 DATE RECORDED: 12/17/04 BOOK: 1891 PAGE: 3483 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 3/30/10: Principal of debt due $125,919.41 Unpaid Interest at 8.48% from 5/20/09 to 3/30/10 (the per diem interest accruing on this debt is $29.25 and that sum should be added each day after 3/30/10) 19,642.01 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $62.71 should be added in accordance with the germs of the note each month after 3/30/10) 151.65 Previous Attorney Fees 938.77 Attorneys Fees (anticipated and actual to 59.- of principal) 6,295.97 TOTAL $153,552.81 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 $153,552.81 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY "J LVU & L4,_U I lLA J Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF GROUND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CENTER LINE OF ORR'S BRIDGE ROAD AT THE LINE OF ADJOINER BEWTEEN LOTS 8 AND 9 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH 72 DEGREES 3 MINUTES 36 SECONDS WEST 316.55 FEET TO THE LOW WATER MAKR OF THE CONODOGUINET CREEK; THENCE NORTH 1 I DEGREES 52 MINUTES 32 SECONDS WENT BY THE LOW WATER MARK OF THE CONODOGUINET CREEK 73.80 FEET TO A POINT; THENCE BY SAME NORTH 14 DEGREES 16 MINUTES 4 SECONDS WEST 26.06 FEET TO A POINT; THENCE BY SOUTHERN LINE OF LOT NO. l.1 NORTH 72 DEGREES 3 MINUTES 36 SECONDS EAST 312.86 FEET TO A POINT ON THE CENTER LINE OF ORR'S BRIDGE ROAD; THENCE BY THE LATER SOUTH 16 DEGREES 38 MINUTES 39 SECONDS EAST 15.92 FEET TO A POINT; THENCE BY SAME SOUTH 14 DEGREES 13 MINUTES 59 SECONDS EAST 83.58 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOTS 9 AND 10 ON THE PLAN OF FRED S. WEBER AS RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 4 PAGE 101 AND MORE SPECIFICALLY SHOWN ON THE ATTACHED SURVEY FOR TERRY L. AND KATHLEEN S. SCHELL BY C. W. JUNKINS AND ASSOCIATES, WHICH LOTS CANNOT BE SOLD SEPARATELY WITHOUT TOWNSHIP APPROVAL. UNDER AND SUBJECT TO ALL ACTS OF ASSEMBLY, COUNTY AND TOWNSHIP ORDINANCES, RIGHTS OF PUBLIC UTILITY AND PUBLIC SERVICE COMPANIES, EXISTING RESTRICTIONS AND EASEMENTS, VISIBLE OR OF RECORD, TO THE EXTENT THAT ANY PERSONS OR ENTITIES HAVE ACQUIRED LEGAL RIGHTS HERETO. SAID PREMISES ARE ALSO CONVEYED UNDER AND SUBJECT TO THE FOLLOWING: 1. A 30' RIGHT OF WAY KNOWN AS PROWELL DRIVE SHOWN ON ATTACHED SURVEY ALONG THE BANK OF SAID CREEK FOR INGRESS AND EGRESS FOR ALL LOT OWNERS, NOW OR SUBSEQUENT THEIR TENANTS, USERS AND OCCUPIERS AND GRANTEES, FOR THEMSELVES, THEIR HEIRS AND ASSIGNS, ASSUME THE LIABILITY AT THEIR EXPENSE TO MAINTAIN IN ITS PRESENT CONDITION THAT SECTION OF SAID RIGHT OF WAY THAT CROSSES SAID LOTS 9 AND 10. 2. THERE SHALL BE NO SELLING OR MANUFACTURING UPON THE PREMISES. 3. THE RIGHTS OF LOT OWNERS ON SAID PLAN, NOW OR SUBSEQUENT AND ALL OTHERS, IF ANY, HAVING A LIKE RIGHT TO USE THE GRAVEL DRIVE SHOWN ON ATTACHED SURVEY CROSSING SAID PREMISES FROM PROWELL DRIVE TO ORR'S BRIDGE ROAD AND GRANTEES AT THEIR EXPENSE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS, ASSUME THE LIABILITY TO MAINTAIN SAID GRAVEL DRIVEWAY IN ITS PRESENT CONDITION ON THAT SECTION OF SAME WHICH IS ON SAID LOTS 9 AND 10. March 11, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNERGS MORTGAGE ASSISTANCE PROGRAM (HEMAPI, may he ahie to help to cave your home- This Notice explains how the progr2m works- 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 EXHIBIT!' HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Ward S. Mansbarger 428 Powell Drive CamPHilI,-PA_17011._._ ............._....... _................ _._._.... ---- 71330300134255 -------------- -- -------- quy. Beneficial Consumer Discount Comp Beneficial._Consumer_Discount . Co?any HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE. WHICH CAN SAVE. YOUR HOME, FROM FORECLOSURE. AND HELP YOU MAKE. FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS 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. THIS MEETING MUST OCCUR WITHIN NOTICE CALLED DHOW TO CURE, YOUR MORTGAGE DEFA1 JI.TO, EXPLAINS HOW TO BRING YOi JR MORTGAGE I JP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers are get forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate]T of your intentions. APPLICATION FOR MORTGAGE, ASSISTANCF, - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face, to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TE14E PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will. be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THF, DFFAIJLT -- The MORTGAGE debt held by the above lender on your property located at: 428 Powell Drive Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Pa_y_mentsof._$1254.13 for June 202009 through _FebruarX ..... $11287.17_______.... Monthly_Late_Charges_of?62.71 for June 20 2009 th 9A0 Februa_ry20-1.2010__=._5151.65 Other charges (explain/itemize): --Previous Attorne ._Fee--X938.77 .................................. _..._. _TOTAL_AMOUNT PAST DUE: 512377.59.._. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if net aW licahle): N/A HOW TO CURE, THE. DEFAULT - 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 512377.59; PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he mane either by cash, cashier's check, certified check or money order made payahle and sent to, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if net apylicahle?: NA Page 3 of 3 IF YOU DO NOT CURE. THE, DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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 mortgaged pert, IF THE. MORTGAGF, IS FORECLOSED 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 you cure the default within the THIRTY (30) DAY period, , you will not he. reau? 'red to pay attorney's fees- OTHER LENDER RENWDIF.S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE. THF. DEFAULT PRIOR TO SHERIFF'S SALF, - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to payLg the total amount then past clue plus any late or other charges then due, r asonahl . attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as ecn ifed in writing by the lender and by neT .rfnrming any other mquirements 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. F.ARLUST POSSIBLE SHF.RiFF'S SALE DATE. - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: HSBC_Consumer Lending............ _ ...................... _...... _.....--.-__.................. _..... _.._...................................... Address: 961 Weigel Drive Elmhurst H, 60126_....__._ ................... --.._..._.. -- .......... _ ..................................... _._.... _.... _.... --......... _. Phone Number: 1-800-333-5848 Fax Number: 1-630-617-6891 Contact Person: Marykate Woodworth._.........._.__._......__....... _......... EFFECT OF SHF,RIFF'S SALF. - 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 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 YOU MAY ALSO HAVE. THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 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 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 irs Gila or Priority Me I mail. :ertified Mail. F to provide proof and attach a Retu ostage to cover tl )ive a fee waiver f tified Mail receipt the addressee mailpiece with H se present the ar the Certified Mi and mail. king an inquiry. ? C M S _ O 8 m Q ? ? O Z > ? ? 13 42 U 3 a m til U ?A? ro I a m ? ? W c N ?, w - WO d X ao o M v -E ` E m ? E ?Y 8r-?c0 QZ ~ a0°eo ? to -g Emt? N G Y ' C7 m ? w- 'OO Q M , CJE?? m ir L y '0 v \JC7 ?3tm a U •, O m Cg Wa ?¢ `o ¢ vVl?`\-?`1 ?QQ O r-? O .A Ln lti Ln Ln m 0 C3 O E 0 Q fv U CO ti o-- S 0 0 _ o N U LL E E r Z M ro E N a I <? ?) LU 00 i? N c? LO 2 2 0 C V _?= u aal`Sk?H O O - ti 0 N -?_ O O O ?- O W -?? Ln Ln -al .. Ln -?_ O L-' g,L, 00 cr- Ul ?' a- r-- 0 c ,? w M cr- 0 0 4 ? I I A or Priority Mail all. ified Mail. R F proof o f attach a Returi age to cover thi > a fee waiver fo id Mail receipt ii addressee c ailpiece with th present the arts !e Certified Ma d mail. ig an inquiry. f N O cc Ln O -0 Ln r? Ln Ln m C3 O O O ru CO ru 0^ 0 0 N $ E E, 7 Z m U N? CV _a E v m E 8 a 0 N m 2 a m LL T T Go CC E O LL rn IL I I • } LU CD IX7 LO O C7 t L6 U) o O <7 U. aar!sefy 0 C3 ??. ru m .?? ru 0 -` C3 0 0 w Ln w cn r Q- 0 Ln 02 as 0 U) CX v CC €-- --:1 Er QZ © CA w L cr J 0 cc LU, w aeOC cl q j 3 ti i fl 0 ) . • 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 LAW OFFICES, P.C. BY Attorneys fo?E Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 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. ARKEMA, ESQUIRE - ID #203437 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Beneficial Consumer Discount -COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co. of Pennsylvania :Cumberland County Plaintiff V. NO. 2010-2553 Ward S. Mansbarger Kelly A. Mansbarger Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: C 9 P ?J -7 4 Fri k 7D - ) T?1 n7 `-i ;M rI c-, C) - C) FTI 1-0 o Kindly mark the above DISCONTINUED WITHOUT PREJUDICE. DATED:September 3, 2010 MJU# 08090232-2 CES, P. C. 6RRAIIE nets( for Plai Riff UDREN, ESQUIRE INNEG, ESQUIRE DOYLE, ESQUIRE MINATO, ESQUIRE M. ARKEMA, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE