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HomeMy WebLinkAbout07-0324McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company Cumberland County d/b/a Beneficial Mortgage Company of Court of Common Pleas Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 and Number Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO ?11 U L C-7-ej2? Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. listed puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 and Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 01- 3a y el (-,) " l CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Donn L. Griffie, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 7 East Orange Street, Mount Holly Springs, PA 17065. _N SHERIFF'S RETURN - REGULAR CASE NO: 2007-00324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GRIFFIE DONN L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFIE TRACY L the DEFENDANT , at 1919:00 HOURS, on the 25th day of January-, 2007 at 7 EAST ORANGE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to DONN GRIFFIE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00:?? t Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00? 01/26/2007 MCCABE WEISBERG CONWAY Sworn and Subscibed to By: .,cam,-before me this day Deputy Sh riff of A.D. ! h SHERIFF'S RETURN - REGULAR CASE NO: 2007-00324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GRIFFIE DONN L ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFIE DONN L the DEFENDANT , at 1919:00 HOURS, on the 25th day of January-, 2007 at 7 EAST ORANGE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.28 Affidavit .00 Surcharge 10.00 .00 33.28, 131/6 r 4- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/26/2007 MCCABE WEISBERG CONWAY By. Dep y Sheriff A. D. 3. The Defendant is Tracy L. Griffie, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 7 East Orange Street, Mount Holly Springs, PA 17065. 4. On 10/29/2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Bookl886, Page 3044. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 7 East Orange Street, Mount Holly Springs, PA 17065. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/03/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 90,651.55 Interest through 12/11/2006 $ 5,324.33 (Plus $ 23.20 per diem thereafter) Attorney's Fee $ 4,532.58 Corporate Advamces $ 542.18 Title Search $ 200.00 GRAND TOTAL $ 101,250.64 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $101,250.64, together with interest at the rate of $23.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. BY: ?'JA?zz for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 12/19/2006 15:00 FAX 215 320 5664 MWC VERIFICATION R 002/003 The undersigned, Sylvia Hamdani-Bryant, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subj ect to the penalties of 18 PA.C.S. §4904 relating to unworn falsification to authorities. 4sia Hamdani-Bryant I U" • 1. 711715 MORTGAGE E] IF BOX IS CHECKED. THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 29TH of OCTOBER 2004 , between the Mortgagor, DONN L. GRIFFIE AND TRACY L. GRIFFIE, HUSBAND AND WIFE IC BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a corporation organized an existing under the laws of PENNSYLVANIA w ose address is 419 STONEHEDGE DR I VE, SU I TE 2, C (herein "Len er . aX The following paragraph preceded by a checked box is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of $ 92,771.93 evidenced by Borrower's Loan Repayment and Security Agreement or Secon ry ortgage an Agreement dated OCTOBER 29, 2004 and any extensions or renewals thereof (herein "Note"), providing or 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 OCTOBER 29, 2034 ; F-1 WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, an interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all 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 successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF MT. HOLLY SPRINGS IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 05/28/1999 AND RECORDED 05/28/1999, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 200 10-2 RAGE 471 AND. TAX MAP OR PARCEL ID NO.: 23-32-2336-110 PA0012E1 - KG36AE12CZL97MTG9000PA0012E1F"MGRIFFIE FILE COPY Exhibit A -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the 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 and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. IThe contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or. state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fail due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty 10-20-03 MTG PA0012E2 "036AE12C2L97MTG90ODPA0012E2F""GRIFFIE " FILE COPY -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 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 security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, 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. 5. Hazard 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 insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either 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 governing the condominium or planned unit development, the by-laws 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' foes, and take such 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. 10-20-03 MTG PA0012E3 II?NNNINN?I?I?IIIIII?I?NI?I?INN?1?®??1NNIIIIIN?I??IIINIINNNI® "G36AE12C2L97MT09000PA0012E3FMNGRIFFIE FILE COPY -4- 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 in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arehereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. 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 against such successor or refuse to extend time for payment or otherwise modify amortization of the 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 preclude theexercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the right's hereunder shall inureto, 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 theNote, (a) isco-signing this Mortgageonly to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it 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 Lendershall 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. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be, the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability 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 Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. 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 supoly 110r o ties 03 1 IN'OUNabor,II?I1?111111?1?1??1111??1®I??q?ll?111111111Dvements made to the 11111 1111111111h1milliIN Property. NG36AE12C2L97MYG9000PA0012E4FNNGRIFFIE ¦ FILE COPY -5- 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 Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. 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 a period of not less than 30 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. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 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 proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence 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 Mortgage 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 10-20-03 MTG PA0012ES II???I IDIUbIIi???a?IIINIIIiV?l?l?l?l??®®1?16?IgI??NIII?IlU1?1??0 KG36AE12C2L91MT09000PA0012ESF""ORIFFIE W FILE COPY -6- 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 takes 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. 19. 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 court1to 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. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate 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. (THIS SPACE INTENTIONALLY LEFT BLANK) 10-20-03 MTG 11I111MINN1 1111111111111 111111111111111111111G111 PA0012ES MG36AE12C2L97MTG9000PA0012E6FMMGRIFFIE M FILE COPY L_ -7- 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 nder's address set forth on page one of this Mortgage, of any default under the superior encumbr ncel?and ,pf a y or other foreclosure action. ?(y DONN L GRIFFIZ -Borrower TRACY LL GGRIFFIE -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA. 17013 On behalf of the Lender. By: NANCY DITZEL Title: S. A. COMMONWEALTH OF PERNSAVA1I1, CUMBERLAND County ss: 1, FLORA M VOGT a Notary Public in and for said county and state, do hereby certify that DONN L GRIFFIE AND personally known to me or proven satts acton y to the same persons whose name s subqfribe4 to the foregoing instrument, appeared before me this day in person, and acknowl get at he signed and delivered the said instrument as THEIR free voluntary act, Tor tffe -uses and purposes therein set forth. Given under my hand and official seal, this 29TH day of OCTOBER , 2004 Notarial Seal My Commission expires: Flora M. Vogt, Notary Public North Middleton Tivp.,CumberumdCmmty URA M VOGT Notary P liC My Commission Expires May 21, 2005 Member, Pennsylvanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA, County ss: L a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to t e same persons 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 actor the uses and purposes therein set forth. Given under my hand and official seal, this day of 20 My Commission expires: Notary Public This instrument was prepared by: NANCY T DITZ.FT, (Name) 419 STONEHEDGE DR PA 17013 (Address) ®Mnnanu?n "G36AE12C2L97MT09000PAOOt2E7F""GRIFFIE " FILE COPY -S- (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 i lNG36AE12C2L97MTG9000PA0012E8F*"GRIFFIE ®1m®1M®®I®I1 FILE COPY PA0012EO (Legal Description) ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Orange Street; on the North by a public alley; on the East by a public alley; and on the South by land now or formerly of Stanley S. Setlock; having a frontage of 46 feet on Orange Street, a depth of 180 feet, more or less, and width in the rear of 66.8 feet, more or less. PARCEL NO. 23-32-2336-110 BEING the same premises which Brian D. Mellott and Darlene K. Mellott, husband and wife, and Linda S. Dunbar, widow, by Indenture dated 05- 28-99 and recorded 05-28-99 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 200, Page 471, granted and conveyed unto Donn L. Griffie and Tracy L. Griffie, husband and wife. N n lov) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF No. 07-324 CIVIL TERM PENNSYLVANIA, Type of Pleading: Plaintiff, vs. ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE DONN L. GRIFFIE AND TRACY. GRIFFIE, Filed on behalf of Defendant(s). DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER No. 07-324 CIVIL TERM DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant, DONN L. GRIFFIE AND TRACY. GRIFFIE, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. After reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 1 of the Complaint, and therefore defendant specifically deny the same and demand strict proof thereof at time of trial. 2. Paragraph 2 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied r and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 4 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 5. Paragraph 5 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 5 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 6. Paragraph 6 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 7 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, defendant(s) requests this court to enter a judgment in his/her/their favor and or dismiss the plaintiff s complain IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER No. 07-324 CIVIL TERM DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant. VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) DONN L. GRIFFIE AND TRACY. GRIFFIE and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER No. 07-324 CIVIL TERM DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant. CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this February 15, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: TERR.ANCE J. McCABE, ESQ. McCABE, WEISBERG & CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 February 15, 2007 Date d -rt ? --ca ?..i r.,..., t`F' ? ? ? ":, ? 'C7 =*' ?? t_: N r2 . {?? :? ?? _,_-rat ?? """ .? C . _. ? m , 6` .?? tV ..-, ? "'E McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, by and through its attorney, Bonnie Dahl, Esquire, now moves this Honorable Court for summary judgment against defendants and alleges as follows: 1. Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, is a corporation duly organized under the laws of the United States of America with offices at 961 Weigel Drive, P.O. Box 8621, Elmhurst, IL 60126. 2. Defendants are the owners and residents of the mortgaged property at 7 East Orange Street, Mount Holly Springs, PA 17065. 3. On or about October 29, 2004, defendants made, executed, and delivered a mortgage to plaintiff upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1886, Page 3044. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The premises encumbered by the subject mortgage is all that certain real property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 5. On or about January 17, 2007, plaintiff filed a mortgage foreclosure action against defendants. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 6. Thereafter, defendants answered plaintiff s Complaint. A copy of the Answer is attached hereto, and made part hereof and marked as Exhibit "C". 7. Additionally, on or about February 22, 2007, plaintiff served a Request for Admissions, on defendants, which defendants admit by their failure to answer, the defaulted loan, and admit to having been sent legal Act 6 and 91 letters and, in fact, admits all pertinent allegations of plaintiffs Complaint with regard to default arrearage and notice. A copy of the Request for Admissions is attached hereto, and made part hereof and marked as Exhibit "D". 8. Defendants' Answer to plaintiff s Complaint and failure to respond to plaintiff's Request for Admissions admit that they are the record owners of the property in question, that plaintiff has a mortgage on it, that it is in default, and that an Act 6 Notice of Intent to Foreclose was sent as was an Act 91 Notice. See Exhibits "C" and "D". 9. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $101,250.64, that the interest per diem is $23.20, that on or about December 11, 2006, plaintiff sent Act 6 and 91 letters to the defendants, and that those letters, in fact, complied with all statutory requirements. A copy of Act Letters and proof of mailing is attached hereto as Exhibit "E". 10. The Complaint, and Affidavit of plaintiff s foreclosure specialist attached hereto and incorporated into this Motion, as Exhibit "F", sets forth the exact amount that defendants owe plaintiff, and defendants have not come forth with any supportable information to rebut this allegation. 10A. The payment history and note evidencing the interest charged to the defendants are part of Exhibit "F " and are likewise unrebutted with any supportable information. 11. The attorney's fees and costs, as requested by plaintiff in the Complaint, are reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchase at Sheriffs Sale. 12. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 13. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendants as a matter of law. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff and against defendants and enter judgment against defendants in the amount of $101,250.64, together with interest at a rate of $23.20 per diem from December 11, 2006, plus costs, of suit and attorney's fees and any additional escrow advances through the day of sale. Respectfully submitted, McCABE, WEISBERG & CONWAY, P. C. BY: ONNIE DAHL, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID Attorneys for Plaintiff ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically, Rule 1035.2(1) of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could be established by additional discovery or expert, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. Pa.R.C.P.1035.2(1). See also Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170,452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of their pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion.... Pa.R.C.P. 1035.3 In the case at bar, the pleadings, exhibits, and Affidavit of plaintiffs foreclosure specialist and Request for Admissions establish conclusively that there are no genuine issues of material fact, and, thus, this case is ripe for summary judgment. Further, defendants' pleadings indicate that plaintiff is entitled to judgment as a matter of law. Firstly, in their answer and in their failure to respond to plaintiff's Request for Admissions, defendants admit directly or by indefinite denial: (1) that they are the owners of the property located at 7 East Orange Street, Mount Holly Springs, PA 17065; (2) there is a mortgage on it; (3) the mortgage is in default and; (4) Act 6 & 91 Notices were sent as legally required to defendants. Defendants' Answer to plaintiffs Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not specifically denied or by necessary implications", Pa.R.C.P. 1029(b). Thus, unless the defendants wish an allegation to be regarded as admitted, the defendants must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. GENERAL DENIALS OR DEMANDS FOR PROOF HAVE THE EFFECT OF ADMISSIONS. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser, et. at., 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held, however, that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission of fact")(citing New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987)). See also 5 Standard Pennsylvania Practice 2d§26:41. It would appear then that "bare allegations of lack of knowledge" are also admissions. See Id. at §26:41. The Complaint, Answer, Affidavit of plaintiffs foreclosure specialist with attached payment history and Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. See Fedland Bank of Baltimore v. Philip J. Fetner, 410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by defendants. Further, the Complaint, Request for Admissions and Affidavit of plaintiff s foreclosure specialist clearly set forth that proper notices required by Act 6 of 1974 (41 P.S. §403) and the Emergency Mortgage Assistance Act of 1983 were forwarded to defendants. See Exhibits "B", "D" and "F"). Indeed, defendants could not refute with any supportive documentation any of plaintiff s allegations and admits in the various pleadings that they: (1) own the house; (2) there is a mortgage on it; (3) the mortgage is in default; (4) they have not paid the mortgage; and (5) they were sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins. Co. v. Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Light & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). Here, plaintiff initiated this action in mortgage foreclosure against defendants based upon defendants' mortgage obligation. As set forth herein, defendants do not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting Affidavit of plaintiffs foreclosure specialist clearly indicate that payments have not been made since September 3, 2006. Plaintiff's attached Exhibits and Affidavit in support of this motion, establish conclusively that defendants executed a mortgage and note to which plaintiff is the successor in interest; defendants defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, defendants have presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendants may not rest their argument on the pleadings. Therefore, plaintiff is entitled to summary judgment as a matter of law. Defendants, likewise, may not merely deny the amount owed or state that defendants are without information sufficient to form a belief as to the truth of plaintiff s averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951, 362 Pa.Super. 426,429 (1987); See also PA.R.C.P. Rule 1029(b,c) and First Wisconsin Trust Com12M v. Strausser, 653 A.2d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsylvania National Bank, 282 A.2d 335, 445 Pa. 217, 225-6 (1971). Furthermore, defendants raise no genuine issue of material fact when denying amounts owed by defendants to plaintiff. Case law on this issue is exceedingly clear, holding, "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property." New York Guardian Mortgage Corporation v Dietzel 362 Pa.Super. 426, 431, 524 A.2d 951,953 (Pa.Super 1986). More importantly, the Court held that "[a] judgment in a mortgage foreclosure action is not a judgment for money damages ...." Ibid. Consequently, any contentions made by the defendants regarding the amounts owed by defendants to plaintiff, are not an issue of material fact in this strictly in rem proceeding. WHEREFORE, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendants. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C BY: BONNIE DAHL, ESQUIRE Attorney for Plaintiff 711715 MORTGAGE IF BOX IS CHECKED. THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 29TH of OCTOBER 2004 , between the Mortgagor, DONN L. OR I FF I E AND TRACY L. GR I FF I E, HUSBAND AND W I FE IX The following paragraph preceded by a checked box is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of $ 92.771.93 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage an Agreement dated OCTOBER 29, 2004 and any extensions or renewals thereof (herein "Note"), providing or monthly installments o pnnclpal 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 OCTOBER 29, 2034 ; Q WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement ated and extensions and renewals thereof (herein "Note"), providing for monthly installments, an Interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all 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 successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF MT. HOLLY SPRINGS IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 05/2811999 AND RECORDED 05128/1999, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 200 to-2o- ?GE 471 AND. TAX MAP OR PARCEL ID NO.: 23-32-2336-110 PnoauEt I?gI1?I?q??Igq?Iqq?il?Iq?IIqBqqI?D??q?qq?i?l? NG36AE12C2L97MT09000PA0012E1F*xGRIFFIE * FILE COPY Exhibit A address is 419 STONEHEDGE DR I VE, SU I TE 2, CARL I SLE, PA 17013 (herein "Lender*). -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the 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 and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments', insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty 10-20-03 MTO PAODIM "G36AE12C2L97MT09000PA0012E2F"kGRIFFIE 14 FILE COPY -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 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 security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, 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. 5. Hazard 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 insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either 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 governing the condominium or planned unit development, the by-laws 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 take such 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. 10-20-03 W6 PA0012E3 "G36AE12C2L97MTG9000PA0012E3F""GRIFFIE 9 FILE COPY -4- 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 interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other takingof the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. 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 against such successor or refuse to extend time for payment or otherwise modify amortization of the 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 theexercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and 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) isco-signing this Mortgageonly to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by deli veri ng it 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 Lendershall 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. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability 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 Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" includeall sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution orafter recordation hereof. 15. 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 partieswhosu ?1I II1IlIIl1111111111party. 10-20-03 MTG PA0012E4 1 11 0036AE12C2L97MTG9000PA0012E4F""GRIFFIE " FILE COPY -5- 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 Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. 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 a period of not less than 30 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. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 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 proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence 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 Mortgage 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 10-2003 MTG PA0012ES III Im Ito K036AE12C2L97MTOB000PA0012E5F•*OAIFFIE " FILE COPY (Legal Description) ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Orange Street; on the North by a public alley; on the East by a public alley; and on the South by land now or formerly of Stanley S. Setlock; having a frontage of 46 feet on Orange Street, a depth of 180 feet, more or less, and width in the rear of 66.8 feet, more or less. PARCEL NO. 23-32-2336-110 BEING the same premises which Brian D. Mellott and Darlene K. Mellott, husband and wife, and Linda S. Dunbar, widow, by Indenture dated 05- 28-99 and recorded 05-28-99 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 200, Page 471, granted and conveyed unto Donn L. Griffie and Tracy L. Griffie, husband and wife. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 and Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07 -lay CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Aven lisle, PA, 00- 990- ib (7) - 'a - ?a cs? --4 T Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una ccagarencia escrita o en persona o can un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 and Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Donn L. Griffie, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 7 East Orange Street, Mount Holly Springs, PA 17065. 3. The Defendant is Tracy L. Griffie, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 7 East Orange Street, Mount Holly Springs, PA 17065. 4. On 10/29/2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1886, Page 3044. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 7 East Orange Street, Mount Holly Springs, PA 17065. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/03/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7 8 The following amounts are due on the mortgage: Principal Balance Interest through 12/11/2006 (Plus $ 23.20 per diem thereafter) Attorney's Fee Corporate Advamces Title Search $ 90,651.55 $ 5,324.33 $ 4,532.58 $ 542.18 $ 200.00 GRAND TOTAL $ 101,250.64 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $101,250.64, together with interest at the rate of $23.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. MCCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 1L/18/zuuK 15:00 FAX 215 320 5664 MWC Q002/003 VERIFICATION The undersigned, Sylvia Hamdani-Bryant, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within Action. L L A CA . and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C. S. §4904 relating to unsworn falsification to authorities. AJIV-1- - 7S Via Hamdani-Bryant t !; '..I.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF No. 07-324 CIVIL TERM PENNSYLVANIA, Type of Pleading: vs. Plaintiff, ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE DONN L. GRIFFIE AND TRACY. GRIFFIE, Filed on behalf of Defendant(s). DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER No. 07-324 CIVIL TERM DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant, DONN L. GRIFFIE AND TRACY. GRIFFIE, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: I . After reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 1 of the Complaint, and therefore defendant specifically deny the same and demand strict proof thereof at time of trial. 2. Paragraph 2 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 4 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 5. Paragraph 5 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. In the alternative, after reasonable investigation, this plaintiff is without knowledge or information sufficient to form a belief as to the truth to the allegations set forth in Paragraph 5 of the Complaint, and therefore defendant specifically denies the same and demand strict proof thereof at time of trial. 6. Paragraph 6 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusions and personal opinions to which no response are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, defendant(s) requests this court to enter a judgment in his/her/their favor and or dismiss the plaintiff's complaint. Fred W. Freitag IV, Esq. Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER No. 07-324 CIVIL TERM DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant. VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) DONN L. GRIFFIE AND TRACY. GRIFFIE and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: Fred W. Freitag IV, Esquire Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL CONSUMER DISCOUNT CO. d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, No. 07-324 CIVIL TERM Plaintiff, vs. DONN L. GRIFFIE AND TRACY. GRIFFIE, Defendant. CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this February 15, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X- by first class mail, postage prepaid on the following: TERRANCE J. McCABE, ESQ. McCABE, WEISBERG & CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 February 15. 2007 Date Fred W. Freitag IV, Esquire Attorney for Defendant(s) TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY B FRED AGA T YOU ATTORNEY FOR PLAINTIFF McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID 979294 Attorneys for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. 'T", [E-XHIBIT For the purposes of this Request for Admissions, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania will be hereafter termed "Plaintiff," and Donn L. Griffie and Tracy Griffie will be termed "Defendants." 1. The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due September 3, 2006 and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $90,651.55. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $23.20, and the interest due on the note and mortgage through and including December 11, 2006 is $5,324.33. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. On or about December H, 2006, plaintiff sent Act 6 and Act 91 letters which were received by defendant. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to defendant complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEISBERG & CONWAY, P. C. )3Y: BONNIE DAHL, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID #79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM CERTIFICATE OF SERVICE I, Bonnie Dahl, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the 22 n' day of February, 2007, by the United States mail, first class: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 DATE: /0-7 BONNIE DAHL, ESQUIRE ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 A. Signature j? ? Agent X ? Addressee B. Received b Printed Na ire) C. Date of Delivery 72c 'ovI a, t ?i P /7--l3 -t,? D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. ype Certified Mail ? Express Mail ? Registered ? Return Receipt for merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Ex" Fee) ? Yes 2. Article mbar 7006 081 0000 9276 6077 (Transfer ansfer hom service IebeO PS Form 3811, February 2004 Domestic Return Receipt 1 sa5oaM-1540 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domest?:? Mail Only, No Insurance Coverage Provided) ?11 W- fti ru lT Postage $ C3 O Certified Fee E3 Q Retum Receipt Fee (Endorsement Required) O Restricted Delivery Fee r-9 (Endorsement Required) co C3 Tr Postmark Here o Tracy L. Griffie c°7 East Orange Street Mount Holly Springs, PA 1706,5 ------------- r?, rorm ibut), June 2002 See Reverse for Instructions EXHIBIT "E" December 11, 2006 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 COMBINED ACT 91/ ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the 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 WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Tracy L. Griffie & Donn L. Griffie PROPERTY ADDRESS: 7 East Orange Street Mount Holly Springs, PA 17065 LOAN ACCT. NO.: 711715-00-557934 ORIGINAL LENDER: BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA CURRENT LENDER/SERVICER: BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y 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. TEMPORARYSTAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "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 (39) 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 o 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. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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: 7 East Orange Street Mount Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $831 01 per month for the months of September 3 2006 through December 3, 2006 Other charges: $0.00 Other fees may have accrued on your account. TOTAL AMOUNT PAST DUE: $3,215.97 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,215.97, 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 check certified check or monev order made payable and sent to., BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 IF YOUDO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morWggedproper&. 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) DAY eriod you will not be required to Day attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE 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 COMPNAY OF PENNSYLVANIA Address: 961 Weigel Drive P.O. Box 8621, Elmhurst, IL 60126 Phone Number: 1-800-333-5848, 3888 Fax Number: 1-630-617-7749 Contact Person: EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 XX may not 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. YOUMAYALSO HAVE THE RIGHT.- * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice SENT VIA REGULAR AND CERTIFIED MAIL NUMBER 7006 0810 0000 9276 6077 RETURN RECEIPT REQUESTED Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. i DATE: December 11, 2006 McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Donn L. Griftie 7 East Orange Street Mount Holly Springs, PA 17065 A. Signature ? Agent X ? Addressee B. R?eived by (Printed Nam) C. J?ate of Deli LIA a/ D. Is deliveryress different from item i? ? Yes If YES, enter delivery address below: ? No 3. Proertified mail ? Registered ? Insured mail 4. Restricted Delive 2. ArtkleNumber 7006 0810 0000 9276 (rransW from service lab PS Form 3811, February 2004 Domestic Return Receipt ? Express Mau ? Return Receipt for merchandise ? C.O.D. ry? (Dtft Fee) ? Yes 6084 j'10259502-WI540 T • I L- - r- 1 r' I C3 (Domestic Mail Only; No Insurance Coverage Provided) A For delivery information visit our website at www.usps.com:, fU 17' Postage $ C3 Certified Fee C3 Postlil8dt# C7 Return Receipt Fee M (Endorsement Required) Here M Restricted Delivery Fee r-I (Endorsement Required) to 1 11 C3 TO 23 sent Donn L. Griffie ° 7 East Orange Street .----------- or.P` Mount Holly Springs, PA 17065 gyn. ?I . PS Form 3800. AMC 2002 See Reverse for lnstrurtrons December 11, 2006 Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 COMBINED ACT 91/ ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the 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 WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit 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 AD3UNTO 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 AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Tracy L. Griffie & Donn L. Griffie PROPERTY ADDRESS: 7 East Orange Street Mount Holly Springs, PA 17065 LOAN ACCT. NO.: 711715-00-557934 ORIGINAL LENDER: BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA CURRENT LENDER/SERVICER: BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y 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 STA Y OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "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 (39) 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 ofdesignated 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. APPLICATION FOR MOR TGA GE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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: 7 East Orange Street Mount Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $831.01 per month for the months of September 3 2006 through December 3, 2006 Other charges: $0.00 Other fees may have accrued on your account. TOTAL AMOUNT PAST DUE: $3,215.97 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,215.97, 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 check certified check or money order made payable and sent to: BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 IF YOUDO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to-foreclose upon your mortgaged 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) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately FIVE 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 DB/A BENEFICIAL MORTGAGE COMPNAY OF PENNSYLVANIA Address: 961 Weigel Drive P.O. Box 8621, Elmhurst, IL 60126 Phone Number: 1-800-333-5848, 3888 Fax Number: 1-630-617-7749 Contact Person: EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 XX may not 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.) * 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice SENT VIA REGULAR AND CERTIFIED MAIL NUMBER 7006 0810 0000 9276 6084 RETURN RECEIPT REQUESTED Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. DATE: December 11, 2006 McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 E ? A uoP W19 UOJ Al*t4 IOU q u ? o ; E a E ? ? ? e? E?E?o S tYi w ' ??Ep c v $ o i 7i? Eg E • 'g a? sg? v ? w N ¢ K 'w oBmg??8 s q ? o o ? • b O O ¢ 0. Q 0. ? •? u ? Q ? ¢ O O W G OD O O O O O ? ? w w a oQ ? o ? o Q ¢ ¢ ?- ¢ a• Ci m m °. Q ? Q o o w ci w w v o a > co > o co N m R m a o a u o o a C C c G DO O e c o v u > r r n n u] cv w ^? `? t y O ? .-.. N N r [? M M M M Qti V aO 0 0 ° ? E u • a A z' u z .> ;e L L d > > 7 F- U t ?.. .," O p C p s UU W L E V ?` C Q. C N a d p u 9 g O 3 n? H ? C ^-. N M ? v'? ?O r oo O? O N M ? ? z; ? y C a c .o Ci i 0 C w •L w a F a s 0 U O O O N Q 00 M w 0. J C` McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM AFFIDAVIT 1. I, Helena Agee, am the foreclosure specialist of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and am custodian of the account and records of the defendants, with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On October 29, 2004, the defendants entered into an agreement with plaintiff which gave the defendants a mortgage loan. 3. On October 29, 2004 , as security for this mortgage loan, defendants made, executed and delivered a mortgage on the premises described in plaintiff's Complaint. A copy of said mortgage with legal description ofthe premises is attached to the summary judgment motion and marked as Exhibit "A". F-xk&*+ F 4. The defendants are in default of the mortgage in that payments of principal, interest, attorney fee's and costs upon said mortgage due September 3, 2006, and for each and every month thereafter, have not been paid and are due and owing. The payment history is attached hereto as part of this affidavit. The Note evidencing the interest rate charged to defendant(s) is attached hereto as well. The records are accurate and kept in the normal course of business. 5. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriff s Sale. 6. On or about December 11, 2006, notices were sent out to defendants as required under Act 6 and Act 91. See Exhibit "E". 7. Because the defendants are in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendants. The amounts found at paragraph 7 of the Complaint are correct and are as follows: Principal Balance Interest through 12/11/2006 (Plus $ 23.20 per diem thereafter) Attorney's Fee Corporate Advamces Title Search GRAND TOTAL $ 90,651.55 $ 5,324.33 $ 4,532.58 $ 542.18 $ 200.00 $ 101,250.64 I, Helena Agee , being duly sworn according to law, hereby depose and say that I am authorized to take this Affidavit and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. VERIFICATION The undersigned, Helena Agee, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. 200=MORE ON NEXT PAGE P 711715 557934 MMP BUS UNIT BENEFICIAL N1 GRIFFIE TRACY L 175549001 05 16 65 N2 GRIFFIE DONN L 210445784 05 09 59 XI X2 FUND DATE DATE IST PMT DATE FINAL PMT APR CONT RATE EFF DATE COV 11 03 04 12 03 04 11 03 34 8.6 61 9.590 TCTAL OF PMTS AMT FINANCED PRINCIPAL PROC AFTER INS T RIAD SCEN ID 234350.52 87998.33 92771.93 87998.33 098 TTL FIN CHG SCHED INT DISC/LOAN FEES MAINT FEES PPP ORIG FEES BUS CLS DT 146352.19 141578.59 4773.60 N 4638.60 11 03 04 LIFE INS CHG LIFE EXP DT DISAB INS CHG DISAB EXP DT UNEMP CHG UNEMP EXP DT TERM NONE NONE LTFE COV FORECL INS PREM PROP INS PREM PROP COV PROP EXP DT TERM NONE NONE NONE RELI PREM RELI COV RELI EXP NON-FILE LPHI ANN LPHI EXP LPH I PREM TYP NONE NONE NONE 775. 00 03 10 07 64 .59 FMP 1ST PAYMT STD PYMT BALLOON PMT UNIT CHARGE MOS CONT FORM CDE 897.50 831.01 R 360 71-777-0 PAYMENT INT/CH PRINC BALANCE BY DATE THRU/COMMENTS V S WP 2493.06 2299.29 90651.55 lc 103106 >9*593:214.64d3 SS DEF INT 4396.46, DFT COL 111.73, NSF 140.00, PRD COL 193.77 831.02 687.83 78.60 90572.95 lm 081406 >7*658:76.64dl v Y BS 200'-MORE ON NEXT PAGE P 711715 557934 We NI GRIFFIE TRACY L 175549001 05 16 65 PAYMENT INT/CH PRINC BALANCE BY DATE THRU/COMMENTS DBL DT /8/16, DEF INT 4125.15, DFT COL 38.32, NSF 120.00, PRD COL 64.59 831.02 362.49 403.94 90082.98 6m 081406 7*168:76.64d1 DBL DT /8/15, DEF INT 4125.15, DFT COL 38.32, NSF 100.00, PRD COL 64.59 592.30 363.08 164.63 90486.92 6m 073106 6*168:38.32dl DEF INT 4125.15, DFT COL 38.32, NSF 100.00, PRD COL 64.59 500.00 435.41 90651.55 6m 071706 >6*658:38.32dl DEF INT 4125.15, DFT COL 38.32, NSF 100.00, PRD COL 64.59 1000.00 363.08 507.74 90143.81 6m 063006 6-26ldl DEF INT 3803.14, DFT COL 38.32, NSF 80.00, PRD COL 129.18 1000.00 435.12 564.88 90651.55 6m 061606 5*327dl DBL DT /6/17, DEF INT 3803.14, DFT COL 38.32, NSF 80.00 1000.00 1000.00 91216.43 6m 053006 4*522dl DEF INT 3803.14, DFT COL 38.32, NSF 80.00 891.65 891.65 91216.43 6m 041706 >3*717dl DEF INT 3761.14, DFT COL 38.32, NSF 80.00 831.02 831.02 91216.43 6m 033006 2* :12.05dl DEF INT 3401.62, DFT COL 38.32, NSF 60.00 5!$ 011806 !RR02/1263.10 V S WP V Y BB VYBB BB V BB Y BB Y BB Y BB V BB R02/ Y 200-MORE ON NEXT PAGE P 711715 557934 MMP N1 GRIFFIE TRACY L 175549001 05 16 65 PAYMENT I.NT/CH PRINC BALANCE BY DATE THRU/COMMENTS V S WP 1263.10 1100.00 476.16 623.84 91216.43 6m 011606 12*496:38.32d2 BB DEF INT 2490.40, DFT COL 76.64, NSF 60.00 800.00 800.00 91840.27 6m 123005 >10- :25.49dl Y BB DEF INT 2490.40, DFT COL 39.31, NSF 60.00, RT CHG 800.00 11/3 Ul 120305 //12/03/05 L TMN Y 897.50 786.18 91840.27 6m 103005 >10- :39.3ldl V BB DEF INT 1068.14, LIFE 111.32, FMP 10- (10) , DFT COL 39.31, NSF 40.00 448.75 337.82 110.93 91729.34 6m 090905 10-337 V BB DEF INT 246.55, FMP 9- (9), NSF 20.00 EZ+, 448.75 337.43 91840.27 6m 082605 9- Y BB DEF INT 246.55, LIFE 111.32, FMP 9- ( 9), NSF 20.00 EZ+, 448.75 338.23 110.52 91840.27 6m 081205 9-337 BB DEF INT 246.16, FMP 8- (8), NSF 20.00 EZ+, 448.75 337.43 91950.79 6m 072905 8- Y BB DEF INT 246.16, LIFE 111.32, FMP 8- (8), NSF 20.00 EZ+, 448.75 448.75 91950.79 6m 071505 >8-337 BB INT SH 227.71, DEF INT 17.65, FMP 7- (7), NSF 20.00 EZ+, 448.75 338.23 110.52 91840.27 6m 070105 8-337 V BB 200-MORE ON NEXT PAGE P 711715 557934 MMP NI GRIFFIE TRACY L 175549001 05 16 65 PAYMENT INT/CH PRINC BALANCE BY DATE THRU/COMMENTS V S WP DEF INT 17.65, FMP 7- (7) EZ+, 448.75 337.43 91950.79 6m 061705 7- Y BB DEF INT 17.65, LIFE 111.32, EW 7- (7) EZ+, 448.75 338.63 110.12 91950.79 6m 060305 7-337 BB DEF INT 16.85, FMP 6- (6) EZ+, 448.75 337.43 92060.91 6m 052005 6- Y BB DEF INT 16.85, LIFE 111.32, FMP 6- (6) EZ+, 448.75 339.04 109.71 92060.91 6m 050605 6-337 BB DEF INT 15.65, FMP 5- (5) EZ+, 448.75 337.43 92170.62 6m 042205 5- Y BB DEF INT 15.65, LIFE 111.32, FMP 5- (5) EZ+, 448.75 339.44 109.31 92170.62 6m 040805 5-337 BB DEF INT 14.04, FMP 4- (4) EZ+, 448.75 337.43 92279.93 6m 032505 4- Y BB DEF INT 14.04, LIFE 111.32, FMP 4- (4) EZ+, 448.75 339.84 108.91 92279.93 6m 031105 4-337 BB DEF INT 12.03, FMP 3- (3) EZ+, 448.75 337.43 92388.84 6m 022505 3- Y BB DEF INT 12.03, LIFE 111.32, FMP 3- (3) EZ+, 448.75 340.24 108.51 92388.84 6m 021105 3-337 BB 205-PMT COMPLETED FOR 711715 00 557934 P 711715 557934 MMP N1 GRIFFIE TRACY L 175549001 05 16 65 PAYMEN'T' INT/CH PRINC BALANCE BY DATE THRU/COMMENTS V S WP DEF INT 9.62, FMP 2- (2) EZ+, 448.75 337.43 92497.35 6m 012805 2- Y BB DEF INT 9.62, LIFE 111.32, FMP 2- (2) EZ+, 448.75 340.64 108.11 92497.35 6m 011405 2-337 BB DEF INT 6.81, FMP 1- (1) EZ+, 448.75 337.43 92605.46 6m 123104 1- Y BB DEF INT 6.81, LIFE 111.32, FMP 1- (1) EZ+, 448.75 341.03 107.72 92605.46 6m 121704 1-337 Y BB DEF INT 3.60, FMP 12- (12) EZ+, 448.75 337.43 92713.18 6m 120304 12- BB DEF INT 3.60, LIFE 111.32, FMP 12- (12) EZ +, 448.75 390.00 58.75 92713.18 6m 111904 12-337 BB FMP 11- (11) EZ+, LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 4) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY DlBIA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 419 STONEHEDGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (called "You", "Your") GRIFFIE, TRACY L SS# 175549001 GRIFFIE, DONN L SS# 210446784 7 EAST ORANGE ST MT HOLLY SPRI PA 17055 LOAN NO: 7 t 17 t 5-58 YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan as indicated by the word "YES" below, naming us as Loss Payee: YES Title insurance on real estate security. YES Hazard Insurance on real estate security. You may obtain any required insurance from anyone you choose and may assign any other policy of insurance you own to cover the security for this loan. (See "Security' paragraph above for description of security to be insured.) 05-18-04 RE SI II?? II?? IIII II?????II qq???? 1ST MTfi OPT PPP Moll IIIUI® PA865891 I 9036AE12C2L97CEA9000PAB658910saGRIFFIE " ORIGINAL i LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 4) PAYMENT. In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (subject to any adjustment under the Adjustment to Contract Rate Section below) and any monthly insurance premium, if elected, until fully paid. Principal is Amount Financed, plus The Fee. The term Fee means the Origination Fee (Fee) shown on page one. You shall pay us monthly payments, at our business address or other address given you. If more than one Borrower is named on page one, we may enforce this Contract against all, or any Borrowers, but not in a combined amount greater than the amount owed. Payments are applied in the following order: late charges, interest at the Contract Rate for the actual time outstanding, principal, and insurance. For any past due amounts, payments will be applied to the most delinquent monthly installment first, in the same order shown above, until all past due monthly installments are paid in full. DATE ON WHICH INTEREST BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number of days from this contract's date to date you receive this loan. ADJUSTMENT TO CONTRACT RATE. The Contract Rate, as shown on page one, will decrease by one quarter of one percent (.25) beginning with the thirteenth (13th) month after every twelve (12) consecutive month period where all payments were made in full within 30 days of their due date. Ugto maximum of twelve (12) Contract Rate reductions are available during the term of the loan. For each Contract Rate reduction, the monthly installment payment will be reduced accordingly. Notwithstanding anything to the contrary in this paragraph, you will not receive any Contract Rate reductions or the reduced monthly payment after four periods of delinquency. A "period of delinquency" begins when you fail to make a payment in full within 30 days of the due date and ends when you have no payments that are outstanding for more than 30 days past their due date. PAYOUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form. If payouts change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. Subject to your choice of a Prepayment Penalty on this loan, you may prepay any or all of your loan at any time. If you chose a loan with a Prepayment Penalty, the word "YES" will appear in the Prepayment Penalty box on page one of this Agreement. In any event, if you fully pay before the final payment due date, the amount you owe will be reduced by unearned credit insurance charges, if any. If you prepay before the final due date, Points and Closing Fee are fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of Points and Closing Fee. PREPAYMENT PENALTY. If "YES" is printed in the Prepayment Penalty box on page one of this Agreement, you agree to the following penalty. If you prepay in full within two (2) years of the date of this loan shown on page one, you agree to a pay a Prepayment Penalty equal to six (6) months interest at the Contract Rate (as stated on page one) of the unpaid principal balance. No Prepayment Penalty will be imposed (a) if this loan is refinanced by another loan with us; (b) after two (2) years; (c) if the loan is prepaid from the proceeds of any insurance; or (d) if we sue you. LATE CHARGE. If you don't pay any payment in full in 10 days after it's due, you will also pay 5% of the unpaid amount of such payment. BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. There is a mortgage on your real estate, located at your address shown on page one unless a different address is stated. You agree to give us a security interest in the real estate as described in the Mortgage/Deed of Trust. PROPERTYINSURANCE: i A. YOUR OBLIGATION TO INSURE. You shall keep the structures located on the real property securing this loan insured against damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is cancelled or expires while the loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. I B. LENDER'S RIGHT TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding balance of principal and interest on the loan or, if known to be less, NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. 05-18-04 PIPP 111??11 111111 NIn111111111INN1111NIII 11111 PA965892 •G36AE12C2L97CEA9DODPA9658920*"GRIFFIE w ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 4) the replacement value of the Property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance and add the insurance charges to your loan. The Insurance charges will be added to the unpaid balance of the loan which accrues interest at the Contract Rate. The addition of the insurance charges due might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance protecting the property. The Lender placed insurance will not insure the contents of the property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company might receive some benefit (i.e. commission, service fee, expense reimbursement, etc.) from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. DEFAULT. If you don't pay on time or fail to keep any required insurance in force, or if permitted in the event of default under the Mortgage, (1) all your payments may become due at once and, (2) without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined by the court. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on any judgment at the Contract Rate. CREDIT REPORTING AND CUSTOMER INFORMATION PRACTICES. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. You understand and agree that we will call you from time to time to discuss your financial needs and any loan products that may be of interest to you as may be permitted by Applicable Law. For more information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. OPTIONAL INSURANCE. Optional credit insurances and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW. This loan is made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 96-221, also known as Section 1735f-7 (a), Title 12, United States Code (USC). If you do not pay the full amount of an instalment when it is due, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 05-18-04 RE SI aa ??IIII ??II PA1365993 1ST MTG OPT PPP *G36AE12C2L97CEA9000PAB650930KNORIFFIE ORIGIMAL i LOAN REPAYMENT AND SECURITY AGREEMENT (Page 4 of 4) ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT AND SECURITY AGREEMENT AND THE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY FOR YOUR LOAN. YOU HAVE RECEIVED A COMPLETE I COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. BORROWERS: , (SEAL) 44 (SEAL) (SEAL) WIT SS: 05- 9-0 ISTIMTG BE PPP INNIONll®®??o® inI Il ll PAOSSS94 KG36AE12C2L97CEA9000PAB658940KKGRIFFIE i K ORIGINAL McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID Attorneys for Plaintiff ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM CERTIFICATION OF SERVICE I, BONNIE DAHL, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiff s Motion for Summary Judgment and attached documents were served on the 27'' day of March, 2007, by first-class mail, postage prepaid, upon the following: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 DATE: 7 1 BONNIE DAHL, ESQUIRE Attorney for Plaintiff r`? ? r' ?; C? -n ;.d7 ?? --? ee r?("? w.M `"? ?? 1 ? {? (? ,? --?. ?.I {? JN ?. PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM Donn L. Griffie and Tracy L. Griffie Defendants 1 Plaintiff's Motion for Summary Judgment 2. (a) Bonnie Dahl, Esquire, for Plaintiff 123 S. Broad Street-Suite 2080 Philadelphia, PA 19109 (b) Fred W. Freitag IV, Esquire, for Defendants Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 3 4 State Matter to be argued (i.e., Plaintiff's Motion for New Trial, Defendant's demurrer to complaint, etc.) Identify counsel who will argue case: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: DATE:/ May 16, 2007 X,_? 2 BONNIE DAHL, ESQUIRE 4 .I `? Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants CERTIFICATION OF SERVICE I, Bonnie Dahl, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 12`h day of April, 2007, by first-class mail, postage prepaid, upon the following: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 DATE: 2-b 7 ONNIE DAHL, ESQUIRE Attorney for Plaintiff GJ ;r. -7 TI BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff VS. DONN L. GRIFFIE AND TRACY L. GRIFFIE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-324 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the McCabe, Weisberg & Conway, P. C. law office, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, May 16, 2007. Date: April 23, 2007 Male F. ShAghar J$.? Supreme Court I. 3 3 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Bonnie Dahl, Esquire, For plaintiff Fred W. Freitag, IV, Esquire, For defendants C Q <5 r c -; c crl$ i McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM ORDER t? AND NOW, this 16 day of 04a y , 2007, upon consideration of plaintiffs Motion for Summary Judgment and defendants' response thereto, if any, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure, and judgment is entered against defendants in the amount of $101,250.64 together with interest at a rate of $23.20 per diem from December 11, 2006 plus costs of suit and attorney's fees and any additional escrow advances through the day of sale. CLERK/PROTHONOTARY is directed to enter said Judgment. n V Ill YU f f-%T TTT T. .9 ?HV t t tkI! C90Z ,, ]7A Op Copies to: -,9'onnie Dahl, Esq. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff ,,Aed W. Freitag, IV, Esq. Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Attorney for Defendants * McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Attorneys for Plaintiff 15) 79U-IUIU Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Donn L. Griffie Tracy L. Griffie Number 07-324 ENTRY OF JUDGMENT IN ACCORDANCE WITH THE ATTACHED COURT ORDER TO THE PROTHONOTARY: Kindly enter judgment in accordance with the attached court order in favor of Plaintiff and against Defendant in the above-captioned matter as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: TOTAL $101,250.64 McCABF, WEI G AND CONWAY, P.C. BY: M . Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this 4H kday of J[x.1-)E__, 2007, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant(s), Donn L. Griffie and Tracy L. Griffie and damages are assessed in the amount of $101,250.64, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: BONNIE DAHL, ESQUIRE ID ATTORNEY I.D. No.79294 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-324 CIVIL TERM ORDER rt AND NOW, this 1 b day of W z y , 2007, upon consideration of plaintiffs Motion for Summary Judgment and defendants' response thereto, if any, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure, and judgment is entered against defendants in the amount of $101,250.64 together with interest at a rate of $23.20 per diem from December 11, 2006 plus costs of suit and attorney's fees and any additional escrow advances through the day of sale. CLERK/PROTHONOTARY is directed to enter said Judgment. "X7 TT TT !Ir'%T TT) T_ v VERIFICATION The undersigned, le r",, c C4ham, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE d ?ba O F + iz C-- a J;n w _- OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Donn L. Griffie Tracy L. Griffie Cumberland County Court of Common Pleas Number 07-324 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. /,/ d'E2.4s"R Curtis R. Long Prothonotary 4fkIa7 X Summary Judgment by Court Order Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway, P.C. at 2151790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Donn L. Griffie Tracy L. Griffie Cumberland County Court of Common Pleas Number 07-324 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary j/Aj /o7 X Summary Judgment by Court Order Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway. P.C. at 215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 07-324 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania AMOUNT DUE: $101,250.64 V. Donn L. Griffie Tracy L. Griffie INTEREST: from 12/11/2006 - 9/5/2007 $4,476.16 at $16.64 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: 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. PRAECIPE FOR EXECUTION Issue writ or 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) 7 East Orange Street Mount Holly Springs PA 17965 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: sic 0-1 ;;? Signature: Print Name: MCCABE, WEISBERG AND CONWAY Address: 1_23_S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. u o ? V"t 1 Z o c c 1 h ? w W W ..C ? a -? d Cz?? w. 0 -T3 ;i. i Ti r -- >Cl vm C1T WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-324 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From DONN L. GRIFFIE AND TRACY L. GRIFFIE (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 $101,250.64 L.L. $.50 Interest FROM 12/11/06 - 9/5/07 - $4,476.16 AT $16.64 PER DIEM Atty's Comm % Due Prothy $2.00 Atty Paid $145.28 Plaintiff Paid Other Costs Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROADWAY STREET, SUITE 2080 PHILADELHIA, PA 19109 Attorney for: PLAINTIFF Telephone : 215-790-1010 Supreme Court ID No. 16496 Curtis R. Long, Prothonotary By: Deputy h McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Number 07-324 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 East Orange Street, Mount Holly Springs, PA 17065 (Tax Parcel #23-32- 2336-110), a copy of the description of said property is attached hereto and marked as Exhibit 'IA." 1. Name and address of Owners or Reputed Owners: Name Address Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 r 2. Name and address of Defendants in the judgment: Name Address Donn L. Griffe 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 7 East Orange Street, Mount Holly Springs, PA 17065 Fred W. Freitag, IV, Esq. Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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 unswom falsification to authorities. May 30, 2007 McCABE, WEISB G, AND CONWAY, P.C. BY: I _. . Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE c ? o ? ?. t. ? ? ? ? _ ; ? ,-?, ? ? ?? ? <? ? ? ? ? , MCCABE, WEISBERG AND CONWAY, P.C. A006 BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Cumberland County Court of Common Pleas Number 07-324 Donn L. Griffie Tracy L. Griffie NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Donn L. Griffie Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17965 Your house (real estate) at 7 East Orange Street, Mount Holly Springs, PA 17965 (Tax Parcel #23-32-2336-110), is scheduled to be sold at Sheriffs Sale on September 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $101,250.64 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 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 McCabe, Weisberg and Conway at (215) 790-1010. 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway at (215) 790- 1010. 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. 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Q McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE -ID#16496 MARC S. WEISBERG, ESQUIRE -ID#17616 EDWARD D. CONWAY, ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE-ID#34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Donn L. Griffie and Tracy L. Griffie V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Attorney for Plaintiff Number 07-324 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA : The undersigned, hereby certifies that he is the attorney for Plaintiff in the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriffs Sale was served upon the Defendant, Donn L. Griffie, by regular mail, certificate of mailing, and certified mail, return receipts requested, dated June 6, 2007, and addressed to 7 East Orange Street, Mount Holly Springs, PA 17965. The regular mail was never returned, and the certified mail was signed for by the Defendants wife Tracy L. Griffie on June 8, 2007. A true and correct copy of the letter, certificate of mailing, certified receipt numbers 7005-1160-0001-3511-6043, signed green card is attached hereto, made part hereof, and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS / 214 DAY OF ?? •, -? , 2007. NOTARY Notarial Sea] Susan J. Markowitz, Notary Public: City Of Philadelphia. Philadelphia County MY Commission Expires Feb. 13, 2011 MCCABE, AND P. C. BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Member, Pennsylvania Association of Notaries LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE*** SUITE 600 MARC S. WEISBERG** SUITE 2 216 HADDON AVENUE EDWARD D. CONWAY 123 SOUTH BROAD STREET WESTMONT, NJ 08108 MARGARET GAIRO 19109 PHILADELPHIA (856) 858-7080 RITA C. BUSCHER*t , 010 1 (21 FAX (856) 858-7020 MONICA G. CHRISTIE +t FAX (2 2155) ) 790 790-1274 FRANK DUBIN SUITE 205 BRENDA L. BROGDON* 53 WEST 36TH STREET SEAN GARRETT*+ NEW YORK, NY 10018 BONNIE DAHL* (917) 351-1188 BETH L. THOMAS FAX (917) 351-0363 SVEN E. PFAHLERT* JOSEPH VACCARO* JOSEPH F. RIGA* MICHELE DELILLEA Of Counsel CATANIA TRIGOA June 6, 2007 • Licensed i. PA & NJ rr Licensed in PA & NY .+ Licmccd in PA & NM ••• Licensed in PA. NJ & NY t Liewsed in MY & CT ^ Licrosed in NY Managing Aumney fee NJ + Managing Atmmey tar NY Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17965 Re: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Donn L. Griffie and Tracy L. Griffie CUMBERLAND COUNTY C.C.P. NUMBER 07-324 Civil Term Dear Donn L. Griffie Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, Maleekah Wiltbanks, Legal Assistant to McCABE, WEISBERG AND CONWAY, P.C. TJM/mwi Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7005 1160 0001 3511 601 RETURN RECEIPT REQUESTED Xh l IMA This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. ¦ Complete items 1, 2, and 3. Also complete A. Sign re Item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse x 0 Addressee so that we can retum the card to you. K-Ileceived by PdnW C. of Del ¦ Attach this card to the hack of the mailpiec:e,-p-?? or on the front if space permits. ?' ( (?• 1. Article Addressed to. D. Is address duferen from item 1? 0 Yes If YES, enter delivery address below: 0 No -D(cnn La 9 4' J 1 3, type 1 laU( 1 J r I /` , / Certified Mail 0 Egress Map S ? 7?b 0 Registered O Return Receipt for Merdrandise O insured Mau 0 C.O.D. 4. Restricted Delkwp Xdv Feel O rtes 2. Artlde Number (rmwferfromservkelew 7005 1160 0001 3511 6043 5 Form jbil 1, February 2004 Domestic Return Receipt 102685-024,t-1840 FAIMA m ' :2' o • v Ul s Z m POSWP x a rq CeraW FOS C3 O C3 Ream R RWF (Endo Wnmt Here i a O r ant Requ r=1 ,q - Tdal Po~ - __ 0 0 N e- a ' Nr'z7y ". .- C) c? ti R. ? Z ? yw w(]?E? P CD b0 co Pte' C cr x ?a a o 0 Q?i p ro ?.y W O r l N F O ?i 3 00 O y eC ° ? x. b C 8 ? r o r ? " c C r. r?.?. E O rD . > ° A b ?? ? " A 77CC E' T ?' dQ 0 fR M v H A ? ? 7vd ? ? !D R ? 4 O O 7 Pl O _ ??' ? 111 FO - UNIT s' 0 m.D ff fN ? »x O V E Fg C. d ? 8 ? L 6RRXUt 3@ 4R? ma WSJ fi t Fig R c? OP "? o g ii Rb ill ? n ? _T ? y ? -Y, i ? -.?, ; - ? ? -t-a s ;? :d::: ?? ; i I ?? _ ?- ;? i •? ? { d 3?.. `fj t ? ? ?: ?? J ??? ?} .1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Donn L. Griffie Tracy L. Griffie Cumberland County Court of Common Pleas Number 07-324 AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 11th day of July 2007, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 11 TH DAY OF JULY, 2007. 'ARY Notarial Sea] Susan J. Matttowvitz, Notary Public City Of PhiladolpFtfa, Philadelphia County My Commies Expires Feb. 13, 2011 Member, PennsylvanJn Association of Notaries McCABE, WEISBERG AND CONWAY, P.C. BY: / / a-c-o Attorneys for P ntif TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 07-324 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 East Orange Street, Mount Holly Springs, PA 17065 (Tax Parcel #23-32- 2336-110), a copy of the description of said property is attached hereto and marked as Exhibit "A Name and address of Owners or Reputed Owners: Name Address Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA H' BI TA 2. 3 4. 5 6. Name and address of Defendants in the judgment: Name Address Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 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: Name Address IT A Tenants 7 East Orange Street Springs, PA 17065 Fred W. Freitag, IV, Esq Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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. May 30, 2007 McCABE, WEISB G, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Ekh"' "" 8 IT A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Donn L. Griffie Tracy L. Griffie Cumberland County Court of Common Pleas Number 07-324 DATE: July 11, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Donn L. Griffie and Tracy L. Griffie PROPERTY: 7 East Orange Street, Mount Holly Springs, PA 17965 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 5, 2007, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT B G ?-3 w C1 n CD n W ry b? y Q r? a N < co a? o0? 4 0 W = CD z (o- w o CD CD ~d ?. C" A C" `~ x b C C) C) ti C) C b cn ? (? ? ? ? ^ ?? n c> CD O N :a 0 = co (D O 0-0 ?t V G O fD N O N " c C17 •?e d n n o o o o o < C °* cD W p cr x iD w ?, n p I ' v o v' A A CD (C D ? C) Q tl N * (D b a N 0. TI (D a C) C a o CD G n p - OQ y w p Oo o r o .b ON O W a C cD b .=r ?. O4 z » w p .. w Z ? N b J O ,Y - °9Q O `GGd? o. 0, O's ccoo .y y V c' W H N CD vi i cn ?, o W C) 00 Ov C) > Cl' ?p CD K N m - to CD CD (-D Ln p t CD e '* n . 0 ?C b O r. sv CD cD n o o u+w)ZO x ?, j9 ? x ? n 6- ME 0- (M V 0- Q (D N ?' G m C+, c D ? CD ? D. C G (D C (D O d R (D K ? ? As , CD C7 a' e CD n Aw CDx (D C CD 00 ? r r ? Cr, N O ?, two ? ? $ d W K v? 07??•0 O ?" H Q C ?.f• o *d a ,.} d y c? ? co ce ? 00 rj? N W r K ?p??_b r 0 dam) W O 00 cr CI cp UQ c9 r "0 O ? p N r3 ? ? n' ONO O lr+ N " n *'P` O CAD N ?c ,? ¢ ?y p, t9 O ? ? ? ? G 00 CIS J rJ N , O i?+ G N (9 ?. N O two 7 0, cP CO. n 0 rs n 0 b a b ro v Cam) :" rD Beneficial Consumer Discount Company d/b/a In the Court of Common Pleas of Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2007-324 Civil Term Donn L. Griffie and Tracy L. Griffie Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2007 at 0842 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Donn L. Griffie and Tracy L. Griffie, by making known unto Tracy L. Griffie personally and wife to Donn L. Griffie, at 7 East Orange Street, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1348 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donn L. Griffie and Tracy L. Griffie located at 7 East Orange Street, Mount Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Donn L. Griffie and Tracy L. Griffie, by regular mail to their last known address of 7 East Orange Street, Mount Holly Springs, PA 17065. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 199.54 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 282.77 Share of Bills 15.69 $ 972.02 ? q R. Thomas Kline, Sheriff BY ? Real Estate rgeant fi Ck,4a301 l R"' /9 Pais McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Donn L. Griffie and Tracy L. Griffie Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 07-324 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 East Orange Street, Mount Holly Springs, PA 17065 (Tax Parcel #23-32- 2336-110), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Address Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 } 2. Name and address of Defendants in the judgment: Name Address Donn L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17065 I Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 7 East Orange Street, Mount Holly Springs, PA 17065 1 Fred W. Freitag, IV, Esq. Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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 unworn falsification to authorities. May 30, 2007 McCABE, WEISBT G, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Donn L. Griffie Tracy L. Griffie Cumberland County Court of Common Pleas Number 07-324 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Donn L. Griffie Tracy L. Griffie 7 East Orange Street Mount Holly Springs, PA 17965 Your house (real estate) at 7 East Orange Street, Mount Holly Springs, PA 17965 (Tax Parcel #23-32-2336-110), is scheduled to be sold at Sheriffs Sale on September 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $101,250.64 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 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: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 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 McCabe, Weisberg and Conway at (215) 790-1010. 1. 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. 2 The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway at (215) 790- 1010. 3 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. 4 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. 5 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the West by Orange Street, on the North by a public alley; on the East by a public alley; and on the South by land now or formerly of Stanley S. Setlodc; having a frontage of 46 feet on Orange Street, a depth of 180 feet, more or less, and width in the rear of 66.8 feet, more or less. TAX MAP PARCEL NUMBER: 23-32-2336-110 BEING KNOWN AS 7 East Orange Street, Mount Holly Springs, PA 17965 Being the same premises which Brian D. Mellott and Darlene K. Mellott, husband and wife and Linda S. Dunbar, by deed dated the 5/28/1999, and recorded 5/29/1999 in the Office of the Recorder in and for Cumberland County in Deed Book 200, Page 471, granted and conveyed to Donn L. Griffie and Tracy L. Griffie, in fee. ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-324 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From DONN L. GRIFFIE AND TRACY L. GRIFFIE (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 $101,250.64 L.L. $.50 Interest FROM 12/11/06 - 9/5/07 - $4,476.16 AT $16.64 PER DIEM Atty's Comm % Due Prothy $2.00 Atty Paid $145.28 Other Costs Plaintiff Paid Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROADWAY STREET, SUITE 2080 PHILADELHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Leputy Real Estate Sale # 66 On June 14, 2007 the Sheriff levied upon the de€andant's inters in the xcal properly situated in mount Holly Springs Borough, Cumberland County, PA Known and numbered as 7 East Orange Street, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: C L& Real Es a Sergeant r 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2097. That neither he 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 he 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 SALE #66 . ................. 1-? Sworn to and subscribed7l)6ok ne s- Notarial Sea! Terry L. Russeli, Notary Public City Of Narrisburc,, Caupnin County Commiss+oc E-Kyli(=s June 6, 2010 G4 NOW' 3 N, CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: July 20, July 27, and August 3, 2007 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, phm and character of publication are true. SWORN-TO AND SUBSCRIBED before me this 3 _day of August. 2007 1?141 Notary - -- - ] w10%w L sEl1l DENOW A COLLIN NOlory Pub BC CARLISLE NOW. C!M?ME nAPD COUNTY MV C ffdy WM EXPMw Apr 28.2010 alit ft 2W C Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Donn L. Griffie and Tracy L. Griffie Atty.: Terrence J. McCabe DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows. ON the Wag by QraW Strom; on dw I by tt dW. as rM rst the am %* tyre 90 ? at ?. ArtiMe? sg d di so st11w, a of l?Net, Mawr , modes N in the rear of 66.9 feet, more or less. TAX MAP PARCEL NUMBER: 23- 32-2336-110. BEING KNOWN AS 7 East Or- ange _Street. Mount Holly Springs, PA 17065. Being the some premises which Brian D. Mellott and Darlene K. Mellott, husband and wife and Linda S. Dunbar, by deed dated the 5/28/1999, andrecorded 5/29/1999 in the Office of the Recorder in and for Cumberland County in Deed Book 200, page 471, granted and conveyed to Donn L. Griffie and Tracy L. Griffie, in fee. BAR t1s?iAJ r` 2 (JJlJ_.) A HAri4 £i t IJWLz 'q v'Cb4ilfii? (114AJii38o`4U,-Y ,090d ?1?t1RA? -_muaetxM6S. na.. _ ,r ? ..?+ .2. niYl+ •e'aaMMRe t,:?