The URL can be used to link to this page

Home My WebLink About10-7745RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FI[.~~~~"Ff C~ h rye ~\! !,ra II i ~i ~`~;~ ~ ~.€, ,.~.. , IN TIIE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 Ronald W. Stone and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 Civil Action Number: ~ v -~~ ~ S COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION -MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. J:\Angela\Complaints\Cumber(and\IISBC. Stone.12.10. doc ~ap0 ~ 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Angela\Complaints\Cumberland\F3SBC.Stone.l2. l0.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Angela\Compiaints\Cumberland\EISBC.Stone.12.10.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVII.ION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 v. Ronald W. Stone and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION -MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania (hereinafter referred to as "Beneficial")with offices located at 2929 Walden Avenue ,Depew, NY 14043. 2. Defendant(s) are Ronald W. Stone and Judy K. Stone, adult individuals with alast-known address of 208 South Washington Street, Mechanicsburg, PA 17055. 3. Under date of 10/24/2007, defendants executed and delivered to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania a mortgage upon the property 208 South Washington Street ,Mechanicsburg, PA (the "Property")to secure the payment of the sum of $86,586.76. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 10/29/2007 at Vol. 2007 Pg. 41032 and a copy is attached hereto as Exhibit "A". A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "B". J:\Angela\Complainu\Cumberland\HSBC. Stone.12.10.doc 4. Said Defendant(s) are the real owners of Property 208 South Washington Street, Mechanicsburg, PA 17055. 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «C,~ 6. The said loan is in default as a result of the failure to pay the monthly installments of $1,013.88 due on May 1, 2010 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE .......................................................$83,650.00 INTEREST accrued thru 12/03/2010 of ...............................$6,081.14 Interest after 12/03/2010 shall accrue at the per diem rate of $24.62.) LATE CHARGES accrued thru 12/03/2010 of .....................$320.40 Late charges after 12/03/2010 shall accrue at the monthly rate of $40.05.) ESCROW ADVANCES ........................................................$858.88 FEES BILLED .......................................................................$37.50 ATTORNEY' S FEE .............................................................. $4,200.00 TOTAL .................................................................................. $95,147.92 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. J: \Ange}a\Comp}amts\Cumberland\HSBC. Stone.12.10. doc WHEREFORE, Plaintiff, Beneficial requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $83,650.00 plus interest thereon of $6,081.14 plus $24.62 per day from 12/03/2010 until judgment is paid in full, late charges of $320.40, plus late charges of $40.05 per month from 12/03/2010 until judgment is paid in full, escrow advances of $858.88, fees billed of $37.50, attorney's fees of $4,200.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. BY: Date: December 3, 2010 STERN AN,p EISENBERG LLP RI~IARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff J:\Angela\Complaints\Cumberland\EISBC. Stone.l2. l0.doc VERIFICATION I, Steven K. Eisenberg, Esquire of Stern & Eisenberg, LLP (Trame), hereby verifies that I am Counsel for the Plaintiff and as such, am authorized to make this Verification on its behalf and further that the facts of record (based upon documents duly recorded with the County) set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief and information provided from the Plaintiff. Pursuant to PaRCP 1024(c) the representative of the Plaintiff is outside of the jurisdiction of the Court and said verification could not be timely obtained. To the extent required, as to all other statements of fact, a substitute verification from the client will be filed with the Court. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. ~~ rint Name: Steven 'senberg On Behalf of Plaintiff Dated: ~ z~ l 3- 2 0~ J ;Page 1 of ,10) This instrument was prepared by: JANINE M. SHEAFFER (Name) 491fl CARLISLE PIKE, SUITE 104, HAMPDEN CENTER, MECHANICSBURG,PA 17050 Address Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800} 547-8776 UPI IF 20-24-0785-192 71114 MORTGAGE a [F BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES, THIS MORTGAGE is made this day 24TH of OCTOBER 2007 ,between the Mortgagor, RONALD W , STONE AND JI~Y K . S f~-JE , HUSBA~W~E herein " orrower" and ortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a corporation organtzed and extsttng under the aws of PENNSYLVANIA ,whose address ~s 4910 CARLISLE PIKE, SUITE 104-HAMPDEN CENTER, CHANlCSBURG, PA 17050 herein "Lender"). The following paragraph preceded by a checked box is applicable, X WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage n Agreement dated and any extensions or renewals thereof {herein "Note"), providing for monthly installments o principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on OSJOg~ 20R7 ; WHEREAS, }iorrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pwsuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the 1\'otc, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal surn above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the I\'otc, with interest thereon, including any increases if the contract rate is variable; {2} ftitttre advances under any Revolving Loan Agreement; (3) the payment of ail other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's succcsssors and assigns the following described property located in the County CU1~6ERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A-LEGNNA~~L DESC~~{{RIPTION •SS3~4821097MTG8000PAD01301FMMST01~ r FILE toPV 11-t1-05 MTG Page 2 of 10) ^'~' TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be dcemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this 1blortgagc is on a leasehold} are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Notc and any prepayment charges and late charges due under the Notc. Borrower shall also pay Funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require tha'c any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d} Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by bender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment iF the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note andlor applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: {a) interest due under the Note; (b} principal due under the Note; {c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender rxcivcs a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-45 MT6 PA001302 +~SS3304B21Q971AiG8000PAD01302F~kST01~ ~ FIIE COPY Page 3 of SO) -S- and the late charge. ft more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shaft not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments ace due under the Note, until the Note is paid in full, a sum (the 'Funds") to provide for payment of amounts due for: {a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Dorrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow ]terns for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borcowcr's obligation to make such payments and to provide receipts shall for all purposes be deerned to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Dorrowcr is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower Fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that arc then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exctxd the maximum amount a lender can require under the Reai Estate Settlement Procedures Act (12 U.S.C. Section ?.601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity {including Lender, if Lender is an institution whose deposits are so insured) tt-11-05 MTG PAD01303 ~SS33D1821O9~IrG8000PA001303F~"STOWS M FILE COPY ;Page 4 of 10) -4- or in any Federal Home Loan Bank. Lender shat) apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shalt not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agrcement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agrce in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a swplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. Ef there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other secwity agreement with a lien which has priority over this Mortgage, including Borrower's rnvcnants to make payments when due. Borrower shall pay or cause to be paid alt fazes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Haasrd Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,° and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. if the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the inswance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option ei ther to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or 11-11-05 MTG NNN~M®NNI~I~NININN ~N®®IN11 PA001304 ^SS33D4821097MTG8000PA001304FK~SIGtdE ~ FILE COPY Page 5 oY 10) -5- goveming the condominium or planned unit development, the bylaws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and takesuch action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's i nterest i n the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shalt be paid to Lender, subject to the terms of any mortgage, deed of trust or othersecurity agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a tiYsiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings againstsuch successoror refuse to extend time for paymentorotherwise modifyamortization ofthe sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or precl ude the exercise of any such ri ghtor remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Thccovenantsand agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's i nterest in the Property to Lender under the terms of this Mortgage, {b} is not personally liable on the Note oc under this Mortgage, and {c) agrees that Lender and any other Borrower hereunder map agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the \rote without that Borrower's consent and without releasing that Borrower or moth Eying this Mortgage as to that Borrower'sinterestinthe Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, {a) any notice to Borrower provided for i n this Mortgage shall be gi van by delivering i t or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. Theappiicablc law contained in the Notc shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiccio~ i i ~itiM~®i~~'tCn ~~~~~pplicability 1i-t1-05 MTG PA001305 "SS33174821a97MTGBOODPA001305F*xSTONE K FILE COPY ;Page 6 of ~,O) _ -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Notc which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note arc declared to be severable. As used herein, "costs," 'expenses" and "attorneys' fees" include all sums to the ertent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgageat the time of execution or after recordation hereof_ I S. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materi als or services in conriection with improvements made to the Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d} the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Bortowcr become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental propertp settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in rcgulaiions prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender io evaluate the transferee as if a new loan were being made to the #ransferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide s period of not less than 3Q days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFURM COVENANTS. Borrower and Lender further covenant and agree as fol}ows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenani or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrowor as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3} a date, not less than 3Q days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial procteding, and salt of the Property. The it-11-D5 MTG ®1~~~ ~~ PA001306 "1S33C19921U97MiG8000PA001306F""STONE " FILE CC+PY ;Page Z of 10) -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonerisience of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this ltifortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower tapes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. l9. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 2l?. Release. Upon payment of all sums secured by this Mortgage, lender shall release this Mortgage without charge to Borrower. Borrower shall pay all casts of recordation, if any. 21. 1Vaiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Etatc After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note:. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 11-1t-05 MTG ( ~®~~~~~~~~~~ ~~~®~~~~~~ PA001307 ASS??D4821Q97MTGB000AA001307F*"ST01~ " FILE COPY Pags 8 oP 10) -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encu~m~br~a®nc~c and of any sale or other foreclosure action. ---/~~"~TA ~'~' NALD W. STON XXVESTED OWNER Y K. TONE -Borrower I hereby certify that the precise address of the Lender (Mortgagee} i~4910 CARLISLE PIKE. SUITE 104 HAMPDEN CENTER, MECHANICSBURG,PA 17050 On behalf of the Lender. By: JANINE M. SHEAFFER Title: SALES ASSISTANT COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: I, DENISE M. CHUBS a Notary Public in and for said county and state, do hereby certiy that RONALD W. STONE AND JUDY K. STONE, HUSBAND AND WIFE personally known to me or proven satisfactorily to be the same person(s) whose name(s) ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and delivered the said instrument as THEIR OWN free voluntary a~or the uses and purposes therein set forth. Given under my hand and official seal, this 24TH day of OCTOBER , 20 07 . My Commission expires: Dentee M. Chubb. Nolary Pubtlc Rrs ~vv.. ~,„ My Cam'nisaiort E~gkes Ord. 7,2009 Member, PenMyArarda A~soda8on of Naferi~s COMMONWEALTH OF PENNSYLVANIA, County ss: I, a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to be the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that he signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this My Commission expires: day of Notary Public 20 "SS33D1821O97MT08000PAD01308F""STONE " FJLE COPY ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the corner of lot formerly of Catherine M. Burgunstock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty-two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of_another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights-of--ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200831616, granted and conveyed unto Judy K. Stone, a single woman, in fee. STERN AND EISENBERG, LLP 4101 PAVILION 261 OLD YORK ROAD 7ENKINTOWN, PA 19046 (215} 572-8111 Date: October 21, 2010 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIIt SU HIPOTECA. O HOMEOWNER'S NAME(S): Ronald W. Stone and Judy K. Stone PROPERTY ADDRESS: 208 South Washington Street, Mechanicsburg, PA. MAILING ADDRESS: 208 South Washington Street, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 0017751249 CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 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 (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. J:Uess~ACT Notices~liSBC-Stone Cumberland 10-21.doc APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasogs set forth later in this Notice (see following pages for specific information about the nature of your' default.) If you have tried and aze unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 208 South Washington Street ,Mechanicsburg, PA. 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: J:Uess~P,CT Notices~EISBC-Stone Cumberland 10-21.doc Monthly payments of $1,013.88 ($801.12 + $212.76 escrow) due on May 1, 2010 through and including October 21, 2010, in the amount of .......................$6,083.28 Other charges (explain/itemize): Late charges :..........................................................................$280.35 Fees billed ..............................................................................$37.50 g ( p ) ......................................................... Other char es ex lain $0.00 TOTAL AMOUNT PAST DUE :....................................................$6,401.13 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's checl~ certified check or money order made payable and sent to: Stern & Eisenberg, LLP The Pavilion 261 Old York Rd., Suite 410 Jenkintown, PA 19046 215-572-8111 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 mort~a~e 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 mort~a~ed property. IF THE MORTGAGE 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIlZTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SherifFs Sale. You may do so b~paying the total amount then past due, plus any late or other charges then due, J:Uess~ACT Notices~HSBC-Stone Cumberland 10-21.doc reasonable attorneys fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: 1-800-333-5848 x 3888 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or 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. 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.) J:Uess~ACT Notices~HSBC-Stone Cumberland 10-21.doc * 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & ERG BY: l St rn & Eisenberg, VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL J:Uess~ACT Notices~liSBC-Stone Cumberland 10-21.doc Nt3Tt'CE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT TAE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. J:Uess~P,CT Notices~l-ISBC-Stone Cumberland 10-21.doc CUMBERLAND COUNTY 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,lnc. 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 800-342-2397 J:Uess~P,CT Notices~liSBC-Stone Cumberland 10-21.doc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?4r??,tu at ?u+?brrr??'4 t; r j--- -!7 k ` ? y A Richard W Stewart Solicitor F . . .- .arc:-?,Fp Y Pars `•? { a... ."?d?, Beneficial Consumer Discount Company Case Number vs. 2010-7745 Ronald W. Stone (et al.) SHERIFF'S RETURN OF SERVICE 12/20/2010 06:59 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2010 at 1859 hours, he served a true copy of the within Complain 'n Mortgage Foreclosure, upon the within named defendant, to wit: Judy K. Stone, by maki kn wn unto herself personally, at 208 S. Washington Street, Mechanicsburg, Cumberland C t , Pen ylvania 17055 its contents and at the same time handing to her personally the said true an ect co y of the same. RISON, DEPUTY 01/18/2011 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: Ronald W. Stone„ but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ronald W. Stone. Request for service at 208 S. Washington Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Ronald W. Stone. SHERIFF COST: $58.00 January 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF C,! Gountysuite S^enff. ieeosaoft, Inc , 4% STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) E ?ry '1't 4r5-'"t 1 L e, ` a IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V Ronald W. Stone Judy K. Stone Defendants Civil No. 10-7745 COMPLAINT IN PRAECIPE TO REINSTATE COMPLAINT PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN AND K. EISENBERG for Plaintiff A'S It) CC P'4 cl?j Cta V_* 819904 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ov" of c4lill4,prllj?b 1-HF P ;r FE -g AN g: n f p4smNSy #!i t i t Beneficial Consumer Discount Company Case Number vs. 2010-? Ronald W. Stone -1-1 y S SHERIFF'S RETURN OF SERVICE 02/02/2011 08:18 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 2018 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ronald W. Stone, by making known unto himself personally, at 218 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 03, 2011 v ROBEF;ft ITNER, DEPUTY SO ANSWERS,, RON R ANDERSON, SHERIFF c; coin a l. the f i e ise t ,r,? STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISK IN, ESQUIRE (86727) JOSEPH K. RJJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (21-)) 572-5025 (COUNSEL FOR PLAINTIFF) F ll- L-?D- OFFICE 11 `7 v }I ?Y Zr1 '2F?`? COUS", ??=?ldJV?VA???H IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Civil Action Number: 10-7745 Defendant(s) MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Ronald W. Stone and Judy K. Stone, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE ...............................................................................$83;650.00 INTEREST accrued thru 12/03/2010 of .......................................................$6,081.14 Interest after 12/03/2010 shall accrue at the per diem rate of $24.62.) LATE CHARGES accrued thru 12/03/2010 of .............................................$320.40 Late charges after 12/03/2010 shall accrue at the monthly rate of $40.05.) ESCROW ADVANCES ................................................................................$858.88 J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.doex OLVA'% lu-zpa 11-? 1Z4f a-?osva FEES BILLED ...............................................................................................$37.50 ATTORNEY'S FEE ......................................................................................$4,200.00 Sub-Total "Through Date of Complaint ....................................................$95,147.92 ACCRUED INTEREST after 12/03/2010 shall accrue at the per diem rate of $24.62 to January 30, 2012 .................................................................$10,414.26 ACCRUED LATE CHARGES Late charges after 12/03/2010 accruing at the monthly rate of $40.05 through January 30, 2012 .......................................................$520.65 TOTAL DUE, THROUGH DATE OF REQUEST FOR JUDGMENT .........................................................................................$106,082.83 STERN , ,NBERG, PC s B `l STEVEN K. EISENBERG, ESQUIRE ? KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE Attorney for Plaintiff JAMichael Bell\`.ales\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIra, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-7745 V. Ronald W. Stone and Judy K. Stone s MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is 218 South High Street, Mechanicsburg, PA 17055 and 208 South Washington Street, Mechanicsburg, PA 17055 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL public DIANE I TURF'"vq r t, c•? r . County - Jenkintown Boro., Commisston Expires October 31, 2014 S UPSTEVEN K. EISENBERG, ESQUIRE ? KEVIN P. DISKIN, ESQUIRE. ? JOSEPH K. REJENT, ESQUIRE Attorney for Plaintiff ERG, PC Sworn to, subscribed before me this Day of - li , 2012. t)l Notary Public J:\Micbael Bell\5ales\Cumberland\Stone, Ronald 1-12.docx Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-27-2012 08:33:39 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency STONE JUDY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy. Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC 09 SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dindc.osd.mil/appj/scra/popreport.do 1/27/2012 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 2 Jan-27-2012 08:32:30 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency STONE RONALD Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy. Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 14. y6t fol Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http:/!NN,NN-xN,,.defenselink.mil/fag/pis,/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 1/27/2012 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. RI:JENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKIN'IOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone S Civil Action: 10-7745 MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN E }3ERG PC BY: STEVEN K. EISENBERG KEVIN P. DISKIN Attorney for Plaintiff J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.doex STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania (Plaintiff) V. Ronald W. Stone Judy K. Stone TO: Docket 4: 10-7745 TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 Date of Notice: Tuesday, April 5, 2011 Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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. T Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 ST RN & E NBERGLLP By: Attorney for Plaintiff J:\Iess\10 Day Letters\Cum ierland\Stone, Ronald 4.11.doc STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 10-7745 Ronald W. Stone and Judy K. Stone Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN & EISENBERG, PC B3 STBVEN K. EISENBERG, ESQUIRE ? KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE Attorney for Plaintiff J:\Michael Bell\S ales\Cumberland\Stone, Ronald I-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) .may ?"?^' • ? f ? rrt ? rs ?{^i ; CO IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-7745 V. Ronald W. Stone and Judy K. Stone MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Beneficial Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 (Plaintiff) Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and (Defendant(s)) Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 (Defendant(s)) STE I Nll? G, PC BY. STEVEN K. EISENBERG, ESQUIRE ? KEVIN P. DISKIN, ESQUIRE ? JOSEPH K. REJENT, ESQUIRE Attorney for Plaintiff k\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-7745 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff (s) From RONALD W. STONE & JUDY K. STONE (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: $106,082.83 L.L.: $.50 Interest FROM 1/31/12 AT THE PER DIEM R ATE OF $24.62 Atty's Comm: % Due Prothyf 2.25 Atty Paid: $281.50 Other Costs: Plaintiff Paid: Date: FEBRUARY 2, 2012 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN & EISENBERG, PC 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r C ca CIVIL DIVISION :K r-- 03 PRAECIPE FOR WRIT OF EXECUTION _'rrn ? Beneficial Consumer Discount Co. ? Confessed Judgment Plaintiff ?? Other vs. File No. 10-7745 Ronald W. Stone & Judy K. Stone Amount Due 106,082.83 Address: 208 South Washington Street Mechanicsburg, PA 17055 Defendant TO THE PROTHONOTARY OF THE SAID COURT: interest from 1/31/2012 at the per _-c Atty's Comm diem rate of $24.62 Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Ronald W. Stone and Judy K. Stone PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Q (Indicate) Index this writ against the garnishee (s) as a lis pende ag ' t r al estate of the defendant(s) described in the attached exhibit. Date January 31, 2012 Signature: 0 ? ?01t3 SO SB,OOF 37. CO Ct a cl a 00 11" lp.c0Uk 1 ke - 60 . 07. 5C? u", Print Nm---e:'` teven K. Eisenberg Address: 261 Old York Road Attorney for: Jenkintown, PA 19046 Plaintiff Telephone: 215-572-8111 Supreme Court ID No: aD. a s ?. 5o L4- 014,0 c?. S4 y a-7 0 sy,?) 75736 C) 0 C) ? -n Cn t" ra Ct -n .? n C , wll-+ J PE'_?_*Lkj ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the corner of lot formerly of Catherine M. Burgunstock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty- two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights- of-ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200831616, granted and conveyed unto Judy K. Stone, a single woman, in fee. PARCEL NO. 20-24-0785-192 JAMichael BelhSales\Cumberland\.Stone, Ronald 1-12.doex STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) .F,LcU-U?FIt; F PROT ONOTA ", 2012 FEB -2 A,'410: 10 !'UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 10-7745 Ronald W. Stone and Judy K. Stone Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 208 South Washington Street, Mechanicsburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 208 South Washington Street Mechanicsburg, PA, 17055. 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. Section 4904 relating to unsworn falsification to authorities. Date: January 30, 2012 S PC TH OF PENNSYLV^HlA C.OMMON`?tEA4 ?L S AL NOT A ` ' public DIANE TURA14U. Nctary bounty Montpmery 14 Jenkintown Boro., Tres OCtobef 31, 20 My Commission Exp Swo and subscribed before me this Day of 52012. ice "Notary Public K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff JAMichael Be11\Sa1es\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FILF0..0F FIC t PROTHONOTARY 21± 12 FEB - 2 AM 10: 10 ::EJ P??'NSYLOYANf?NTY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Defendant(s) Civil Action: 10-7745 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Ronald W. Stone Judy K. Stone 218 South High Street and 208 South Washington Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Your real estate at 208 South Washington Street, Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 6, 2012 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $106,082.83 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 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. J:Wichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 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 Stern & Eisenberg PC, telephone (215) 572-8111. 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 no later than 30 days after the sale date. 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 the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. RF,JF,NT, ESQUIRE (59621) STERN & EISENBERG,PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 5 72-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-7745 V. Ronald W. Stone and Judy K. Stone Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 208 South Washington Street, Mechanicsburg, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, June 6, 2012 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $106,082.83 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. January 30, 2012 STERN & EISENBERG PC E N K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the corner of lot formerly of Catherine M. Burgunstock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty- two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING.. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights- of-ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200831616, granted and conveyed unto Judy K. Stone, a single woman, in fee. PARCEL NO. 20-24-0785-192 JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) pm 49 pEW?S AN o Cover, g41q IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Civil Action: 10-7745 MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 208 South Washington Street, Mechanicsburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: J:\Michael BelI,Sa]es\Cumberland\Stone, Ronald 1-12.docx Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 208 South Washington Street Mechanicsburg, PA, 17055. 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. Section 4904 relating to unsworn falsification to authorities. DIANE J. TURANO, Notary Public My colmm ssion Expires October 3coun 1 2014E STERN SENBERG PC ,STEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sworntd subscribed before me this Day of b , 2012. Notary Public,() JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW `=- x• ''. STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG, PC ? CD The Pavilion A , 261 Old York Road, Suite 410 =C) Jenkintown, PA 19046 (215) 572-8111 .= L r I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Defendant(s) Civil Action Number: 10-7745 MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested and regular mail on April 3, 2012. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 3, 2012 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG PC _Y STEVEN K. EISENBERG Attorney for Plaintiff 4/3/12 (Domestic Mail Onl For delivery informati, ru UO"FFICIAL -USE .a U' Postage $ M Certified Fee r-R C3 Return Receipt Fee M (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) M L7 Total Postage & Fees _ a fu to C3 Stieei ApE o.; _ r. or POBOxNo. . ` 9 . ..n tv W. M [Rural wMM ti Er Postage M Certified Fee - - Retu m Receipt Fee O (Endorsement Required) 0 Restricted Defivery Fee C (Endorsement Required) M M Total Postage & Fees tv Sant o E3 C`- PO Box No. or -% H? ? N I UJ 1L ' C 5 14 l?7 o5??i W tTNv BpWES ppSTAGE??p U'S 00-00:0- t ? ?? Q02.9 -p Fi ? t t: 02ol" 185 APR 03 2012 00 1 A5ef ? O O WH o vii p?'?ti W o w ? 3 cn o00 N 1 H 1 V, 1 II iF y 'k N 1 r 1 s, ? ? I ? II ? v? >n 0 o ? .n ^ 0 ?..+ O M Q M ??,. U o U a? U a3 cad N O U? 0 V-4 00 o a oo a? O M GA G? N ? i ?? 1F dF Ne * iF N '"it (n a H ^' N d aQ W VI O p ,a °x 1(?1 O ? •? r"' Ull Q ? c, '4 I I COURT OF COMMON PLEAS OF CUMBERLANI)tt tf'4 CIVIL ACTION-LAW rtl ;? STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG, PC The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action Number: 10-7745 V. Ronald W. Stone and Judy K. Stone MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Ronald W. Stone by certified mail, return receipt requested and regular mail on April 3, 2012 and received by the Defendant on April 6, 2012. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 3,2_0 12 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG PC BY: STEVEN K. EISENBERG Attorney for Plaintiff 4/10/12 V ¦ Complete hems 1,'2, and 3. Also complete Item 4 ff Restricted Delivery is desired. ¦. Ftntyour hArne_ endA-0 on the reverse ;sq theeturP %e s and to you. -¦ Attach is card to the back"of the mallplece, or on the front its. fsperm ",. -f. Article Addressed'to: 11(IC?.Y?i C.sbc?zc?, l? 1?-O?S A. Signature X 11 ant , Addressee B. %ceived by (Printed Name) C. Date of Delivery Y. C"I0 (L ors` r 2' D. Is delivery address different from k If YES, enter delivery address .,? 3. Service Type +. ?) 0 certified Mail o Express Mail' ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4.. Restricted Delivery? (Extra Fee) ? Yes I -- 2. Article rf from rom service kLW 701,1 2000 0001 3962 8259 ransfer PS Forrn 3811, Febrbary 2004 Domestic Return Receipt 102595-02-M-1540 f fflomesffc-Mad Only; Provided) ru CO F I L U. - Er Postage $ m Certified Fee rl Q n?6' 0 Return Receipt Fee Ft M (Endorsement Required) O Restricted Delivery Fee N Q (Endorsement Required) _j U) tl Total Postage & Fees .$ 2 nj Sent To Y ?:p '?'? (? C XO -------- p Street Apt No:; or PO Box No. a -SaL---- cl, Crty State, Z/P+4 ` 1? ii rT l (UJ?7 / PS Form :3800, August 2006 C See Reverse for In r b", on N Qy 4:41 U.S. POSTAGE >-> PITNEY BOWES - 9w E {'r1ti?f ZIP 19046j' 002.94' 02 1Y? ' 0001371"085 APR 03 2012 V) V) O l _ co T I ,V) v i O 00 o C) ? p Ur1 CD P., a ? U C y ? Ua aka •o ? rn G? ;? ? U '? aj ++??yyyy ? to a aoi q o r O O bl _o . Do Do P a) 'a ? A V2 0 a? P-4 P-4 z? o bA bq ? o I V) CYi x 'o u2 Q x 'o ? x --1 U ':D 41 .Si Q x W o ? b r? m 1M o ? o A- ? ?+ o ?d+ ue ??¢+ ? . 0 _ O o U] s ' 00 ' t 00 ' N o Z (y ?3 0 C) U 00 .? ? [ z ° ?N V tiN ° M Q 1R O imm Ur W cn ?.' E- O N O E-+N H a i C/) N -? U .n * ?' -1E * iE iF 1E -% ie iE ?z t3 N c? d' U U .? a ->E dF iF if -IF U R a ? a a°w U U w o O O ?0 ?b z; W 0 - C4 Vn I- I- I- 1- .12 1= I?l Im 1:? I -- •Q 0 o T 7 Z ? U O.V e, COURT OF COMMON PLEAS OF CUMBERLAND C'?'N# CIVIL ACTION LAW ' '`'h'L?ND AVEN K. EISENBERG ESQUIRE?? STEVEN STERN AND EISENBERG, PC The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action Number: 10-7745 V. Ronald W. Stone and Judy K. Stone Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to Judy Kay Stone by certified mail, return receipt requested on April 13, 2012, evidenced by copy of certificates of mailing attached hereto. STERN AND EISENBERG PC BY _ ST VEN K. EISENBERG Attorney for Plaintiff 4/13/12 • . U- (Dorriestic Mail Only; No Insurance Coverage Provided) C3 0 I our website at www.usps.com rte- For delivery information visit ti U S -E r-9 Postage s ??,,ON p? 0 M Certified Fee J C Retum Receipt Fee Q (Endorsement Required) APR Restricted Delivery Fee 0 (Endorsement Required) t+ Y Er Total Postage S Fees SP5 IlJ .. Sent To NW WNW; .. PO Bax No. - (Yf} State, ZIP+4„^ _ !C / _ ,• / / C? PS Form 3800, AUgust 2006 See Reverse for nstrucfiur? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT r STMASTER O PROVIDE FOR INSURANCE-P a ?j , ? + RN Received From: ? Attorneys 3 rMA PQ A*& N 9-- 261 olaYork 'N. o f r: One piece of ordinary mail addressed lo: Q ? ' O 1A j 7-1 l rru /4V r-75 W ona i ?4Slxcr l I 5 o o PS Form 3817, January 2001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy P I Richard W Stewart Solicitor .JyE?L ??t 1 (yL„ Beneficial Consumer Discount Company Case Number vs. Ronald W. Stone (et al.) 2010-7745 SHERIFF'S RETURN OF SERVICE 02/22/2012 Amended Affidavit pursuant to Rule 3129 filed in Sheriffs Office. 03/21/2012 03:13 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 208 S. Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/24/2012 10:45 AM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be MATTHEW STONE - SON, who accepted as "Adult Person in Charge" for Judy K. Stone at 508 W. STRAWBERRY ALLEY APT. B, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/24/2012 09:56 AM - Deputy Shawn Harrison, being duly sworn according to law, attempted service to the Defendant, to wit: Judy K. Stone at 208 S. Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. The address was found to be vacant. 03/24/2012 10:04 AM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ronald W. Stone at 218 S. High Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 05/31/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $755.74 SO ANSWERS, June 01, 2012 RON R ANDERSON, SHERIFF ..S? L-L frt. rj Cau > ,: Sher 10 STEVEN , K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG,PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Civil Action: 10-7745 Ronald W. Stone and Judy K. Stone Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 208 South Washington Street, Mechanicsburg, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Ronald W Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South. Washington Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Ronald W. Stone 218 South High Street Mechanicsburg, PA 17055 and Judy K. Stone 208 South Washington Street Mechanicsburg, PA 17055 J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx 3. Name'and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 208 South Washington Street Mechanicsburg, PA, 17055. 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. Section 4904 relating to unsworn falsification to authorities. Date: January 30, 2012 PENNSYLVANIA rOMMONW T-F (,CAL ----'- NpTARi. ?detary Publie? DIANE J. TURANO, mery County . Jenkintown Boca, Montgices Oo ctobe missi r 3t 2014 on Exp my com & :E?ERG PC $'TEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Swot and subscribed before me this Day of F_ L, , 2012. Notary Public JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKIN'rowN, PENNSYLVANIA 19046 TELEPHONE: (215) 5 72-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Civil Action: 10-7745 Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Ronald W. Stone Judy K. Stone 218 South High Street and 208 South Washington Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Your real estate at 208 South Washington Street, Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 6, 2012 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $106,082.83 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 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. JAN ichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 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 Stern & Eisenberg PC, telephone (215) 572-8111. 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 no later than 30 days after the sale date. 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 the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-7745 V. Ronald W. Stone and Judy K. Stone MORTGAGE FORECLOSURE RE: PREMISES: 208 South Washington Street, Mechanicsburg, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, June 6, 2012 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $106,082.83 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. January 30, 2012 STERN & EISENBERG PC TE N K. iISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the comer of lot formerly of Catherine M. Burgunstock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty- two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights- of-ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200831616, granted and conveyed unto Judy K. Stone, a single woman, in fee. PARCEL NO. 20-24-0785-192 JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx L STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKTN, ESQUIRE (86727) JOSEPH K. REJENT, ESQUIRE (59621) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Defendant(s) Civil Action: 10-7745 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Ronald W. Stone Judy K. Stone 218 South High Street and 208 South Washington Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Your real estate at 208 South Washington Street, Mechanicsburg, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 6, 2012 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $106,082.83 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 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. J:\Michael Bell\Sales\Cumberland\Stone, Ronald 1-12.doex 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 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 Stern & Eisenberg PC, telephone (215) 572-8111. 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 no later than 30 days after the sale date. 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 the date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:Wichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the corner of lot formerly of Catherine M. Burgunstock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty- two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights- of-ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 20083 1 6 1 6, granted and conveyed unto Judy K. Stone, a single woman, in fee. PARCEL NO. 20-24-0785-192 JAMichael Bell\Sales\Cumberland\Stone, Ronald 1-12.docx WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-7745 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff (s) From RONALD W. STONE & JUDY K. STONE (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: $106,082.83 L.L.: $.50 Interest FROM 1/31/12 AT THE PER DIEM RATE OF $24.62 Atty's Comm: % Due Prothy?2.25 Atty Paid: $281.50 Other Costs: Plaintiff Paid: Date: FEBRUARY 2, 2012 f David D. Buell, Protho t (Seal) Deputy REQUESTING PARTY: Name: STEVEN K. EISENBERG, ESQUIRE Address: STERN & EISENBERG, PC 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the a" of said Court at Carlisle, Pa. Prothonotary ;66b a, i4w,O N On February 3, 2012 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Mechanicsburg, Cumberland County, PA, known and numbered as 208 South Washington Street, Mechanicsburg, PA 17055, more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 3, 2012 4 By: For Claudia Brew-boner, Real Estate Coordinator Writ No. 2010-7745 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania vs. Ronald W. Stone and Judy K. Stone Atty.: Steven K. Eisenberg ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanics- burg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at the comer of lot formerly of Catherine M. Burgun- stock and Louise K. Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence westward fifty-two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence South- ward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations, conditions, and rights- of-ways of record. BEING the same premises which Ronald W. Stone and Judy K. Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200831616, granted and conveyed unto Judy K. Stone, a single woman, in fee. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this C1 da of May, 2012 Notary NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ,The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patti* ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1 04/27/12 e 05/04/12 ,? -- 05111/12 Sworn to d subscribed bef re met is 22 day May, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2010-7745 Chill Term- Bonef ial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS Ronald W. Stone and Judy K. Stone Atty: Steven K. Eisenberg ALL THAT CERTAIN tracts or parcels of land and premises, situate, lying and being on the West side of South Washington Street, in the Fifth Ward of the Borough of Mechanicsburg, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the comer of lot formerly of Catherine M. Burgunstock and Louise K Burgunstock, now or formerly owned by Donald M. Cohick and Marion F. Cohick, his wife; Thence wastward fifty-two and one half (52.5) feet through the center line of a house to an iron pin; Thence Westward one hundred thirty-seven and one half (137.5) feet, more or less, to an iron pin on the East side of an alley; Thence Northward along said alley, twenty-six (26) feet to an iron pin on the South side of another alley; Thence Eastward along said last named alley, one hundred ninety (190) feet, more or less, to South Washington Street; Thence Southward along said seventeen (17) feet to the PLACE OF THE BEGINNING. UNDER AND SUBJECT nevertheless, to easements, restrictions, reservations, conditions, and rights-of-ways of record. BEING the same premises which Ronald W. Stone and Judy K Stone, Husband and Wife, by Deed dated September 14, 2008 and recorded September 18, 2008 in the Office of the Recorder of Deeds in and for swnd g enrsyS `a;ta sty m Alplo F)^:. ff P1`, V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT' mil' NSYLVANJX CIVIL ACTION - LAW STEVEN K. EISENBERG, ESQ. STERN & EISENBERG, LLC The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone Civil Action Number: 10-7745 MORTGAGE FORECLOSURE PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the judgment entered in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter "vacated without prejudice" upon payment of your costs only STERN AND EISENBERG Dated: 5/30/2012 STEVE K. EISENBERG Attorney for Plaintiff a %q . 56 pa a l? Cxw 33?'y P-* Q`7 (P b r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW STEVEN K. EISENBERG, ESQ. " STERN & EISENBERG, LLC 1 The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 c-? x C) r (215) 572-8111 ' I.D. #75736 { Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Ronald W. Stone and Judy K. Stone S Civil Action Number: 10-7745 MORTGAGE FORECLOSURE PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as discontinued and ended, without prejudice, upon payment of your costs only. STERN AND EISENBERG BY: STEV N K. EISENBERG Attorney for Plaintiff Dated: 5/30/2012