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HomeMy WebLinkAbout03-1205IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA Plaintiff VS. RALPH T. HOOVER, III Defendant NO. 03 '- 120 q ACTION IN 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administration 4m Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 · REIDENBACH & HENDERSON By: l~x~____ ~ Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D.# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. VS. RALPH T. HOOVER, III Defendant ACTION IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U. S. C. § 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days at, er your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. REIDENBACH & HENDERSON Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney ID# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 711-/15 ~ IF BOX ADVANCES. [MORTGAGE IS CHECKED, THIs MORTGAGE iS AN OPEN-END MORTGAGE AND SECURES FUTURE THIS MORTGAGE is made this day 21ST of NOVEMBER RALPH t. HOOVER, Il I AND (tAIvfvtY M. HOOVER)DECEASED 20 O0 , between the Mortgagor, iherein "BOrrower") and Mortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY DIBIA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corporation organized and existing under ~elaws of 410 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA ~ herein "Lend er" ). PENNSYLVAN I A , whose address is 17013 The following paragraph preceded by a checked box is applicable. f'~ WHEREAS, Borrower is indebted to Lender in the principal sum of $ §7,886,45 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement date~ NOVEMBER 21, 2000 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and ink'rest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with thc balance of thc indebtedness, if not sooner paid, duc and payable on NOVEMBER 21, 2025; ~ WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein 'Note"), providing for monthly installments, and interest at the ra~e 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; 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 CUMB E EL AND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF MT. HOLLY SPRINGS IN THE COUNTY oF CUMBERLAND AND COIVIvlONWEALTH OF PENNSYLVANIA, BEING MORE FULLY OESCRIBED IN A DEED DATED 06125/1997 AND RECORDED 0612-//1997, AMONG THE LAND RECOR'DS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 160 AND PAGE 14~. TAX MAP OR PARCEL ID NO.: 23L32-233§-248 01-07-00 MTG "H04CA4149L98MTGg000PAD01281F~"H00VER " F I LE COPY PA001281 -2- TOGETHER with ail 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: I. 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 or waiver by I.ender, 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 the Property 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. Ol-O7-O0 I HllllillJlBIlllllllliSlllillllllllllgglllllllllflllllg]lllli l ~H04CA4149LgSMTGg000PA001282F..HOCYER x FILE COPY PA001282 -3- 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards inclu~led within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borr/)wer 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, ~ubject 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 lossl 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, tho 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 an~ 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. 8. Inspection. Lender may take oi' 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 taking of 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 preclude the exercise of any such right or remedy. I I. 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) is co-signing this Mortgage only 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 Mortgagel 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. 01-07-00 MT6 PA001253 ~HO4CA4149L 98MTG90 O0PAOD 1283F N~HOOVEfl ~ FILE COPY -4- 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 Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. 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 parties who supply labor, materials or services in connection with improvements made to the Property 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the 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 mall 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. IN70. N-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 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 ns provided in paragraph 12 hereof specifying: (!) 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 nil 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. 01-07-00 MTG PA001284 I IN II I Ill II1 Jill IIII IIIJ Ill IIIlll Ill Ill !il II I I!II IIIII lill Illll Illg Ill II ! Iilllllllll ~H04CA4149Lg8MTGgODOPAO01284FXXH00VER -5- 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower 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 obligatio.ns 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 court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 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. 01-07-00 MTG I llllff I I Ill Il Iii i Iii Ill I Ill Jill Ill IIII III iii Ill Il Illl i 1111 Il Ii "H04CA4149LglIMTGg000PA001255Fn~HOOVER w F I LE COPY PA001285 -6- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. -Borrower -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DR. SUITE 2 e---. CARLISLE, PA. 17013 On behalf of the Lender. By: ~ · c")¢-x'~ Title: A.E. COMMONWEALTH OF PENNSYLVAN~, ~Ot~NtE s. sow~:R$ County ss: CUMBERLAND I, CURTIS A WERNER , a Notary Public in and for said county and state, do hereby certify that RALPH T HOOVER, III personally known to me to be the same person(s) whose name(s) IS subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that ~ he ~ signed and delivered the said instrument as HIS free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this My Commission expires: I NOTARIAL SEAL ! Curtis A. Wemer, Notary Public ! South Middleton Twp., County of Cumberland [__My C°mm,?ion Expires Sept. , 2004 21ST day of NOVEMBER ,20 00 CURTIS A WER~P. IqrY Public BENEF I C I'~]~i S~lit~ t D~(l~g [~lr e~ ob2g: D / B/A BENEFICIAL MORTGAGE CO. OF PA. 01-07-00 MTG (Name) 419 STONEHEDGE DR. SUITE 2 CARLISLE, PA. 17013 (Address) (Space Below This Line Reserved For Lender and Recorderl Return To: Records Processing Services 577 Lament Road Elmhurst, IL 60126 II I I IIII ill I Illl IIIII Ill IIIl~ III III IIII I I Ill Il IIIII Illil II Ill IIII Illll ~H04CA4149 L 98MTGg000PA001286F~nHOOVER n FILE COPY PA001286 Exhibit "B" · -..,0:~.~.~ OF DEleD$ ~;!"H E ~"rt L A ND 2~th ~y o~ ~une ~ed ~d ~ne~y-eeven {1997) --' ~n bAe ye== Nineteen HOUSING ~HOR~y OF ~ CO~y OF C~~, of 114 North Hanover Street, Carlisle, ~erl~d Co~y, Pen ~sYlvania, Grantor l~,Ll~ T. HOOVER, ~II, and TAHMYM. HOOV~;R, husband a~d wifE., of 30 North Baltimore Avenue, ~t. Holly Springs, Peri, sylvania, Grantees , ' .uu~, in hand ..~ ~ .T~ ARD and 00/Z00 aCknowZe~ged, the said Grantor does hereby grant and convey to the .... , one receipt whereof is hereby said Grantees, their heirs and assigns, ALL that certain tract o£ land and the hnprovements thereon situate in the Borough of Mt. Holly Springs, CUmberland County, Pennsylvania, ~oUnded and described as folZows: on the West by North Baltimore Avenue; on the North by property formerly of .~nns Brerl~e~an, now or £ormerly Gf L}Tm G. ~renneman~ on the East by MOuntain creekl end on ~he SOUth by Property formerly of Ja~)b j. Shriver, now or £or~erly of Ilgenfritz. Having a frontage on North Baltimore Avenue of 26.5 feet and extending in d.~pth at an even w~dth to said Hountain Creek a distance of 25~ feet, more or less, and being improved wi~h a two and one-half stocy frame dwellinghouse known as 30 North BaltimOre Avenue. BEING the same property wh~.cb Thomas B. Nef£ and Rebecca D. Neff, h~s w~fe. b~ ~ed ~ ~y 16, 1994, ~d re~rd~ ~n the Off~ce of ~e Reco=der of Dee~ in and for C~e~land Cowry, Po~s~lvania, in Deed ~ok 105, Page 5~2, granted and conveyed unto Housing Aut~or~t.~ of the Co~y of C~erl~d, Grantor herein. ~ ~' ~CT ~ ~ ~S~CTI~ ~at the pr~ses shall r~a~n o~er occupied for a per~od of ~w~ty-f~ (25} years f~ the date of conve¥~ce. . And the Said Grmtor hereby covenants and agrees that it will warrant specially the property hereby conveyed. ]tm Witness Wheleof. sa~d Grantor has hereunto set its hand and seal tho day and year first above written. ATTEST HOUSING AUTHORITY OF THE COUNt' OF CUMBerLAND Commonwealttm or Pa, msylvanla : Count), of Cum~rlan d Off this. the//~Y~'/day o_f_ ~ 19g , bei'orc me the ~,._4 . . , ~.w ~-~,, . ~uopy. WhO ac~nowleo ed him · to ao so, executed the fbregoinc, instmm-,,, name ..r.~. .......... · ,-.,,~ ,~u, pura:mn 03, mmselF,s Chairman. . ~~.~ · A ddtess: I hereby certify that the precise rash ........ Aitorne~ For Grantees Exhibit "C" Kenneth G. Reidenbach, II* Herbert P. Henderson, II Mitchell A. Sommers+ * Member of California Bar + Of Counsel REIDENBACH & HENDERSON 36 East King Street Lancaster, PA 17602 e-mail Telephone 717-295-9159 Fax 717-295-1225 lawyer@law-for-you com January 29, 2003 Beneficial Consumer Discount Company, dfo/a Beneficial Mortgage Co of Pennsylvania TO: Ralph T. Hoover 30 North Baltimore Avenue Mt. Holly Springs, PA 17065 FROM: Beneficial Consumer Discount Corrq0any, d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigol Drive Elmhurst, IL 60126 ACT 91 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 -__~_ached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be ableto help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY V¢ITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take thi.~ Notice with you when you meet with the Counselthg Agency. ' Tho name, address and phone number of Consumer Credit Agencies serving your CounW are li~ed atthe end ofthis Notice. ffyou have any questions, you may call the Ponn.wlvanio,Ho;~in~ Finance AgenCytoll free 1-800-342-2397. (Porsons with impaired hearing can call (717) 781-18(}9). This Notice exarmins important legal information.. If you have any questions, representatives atthe Consumer Credit Counseling Agency may be able to help e~plain 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 DERECHOA CO TIN AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMED1TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSE FINANCE AGENCY0 SIN CARGOS AL NUMERO MENCIONADO ARR1BA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR ELPROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME' Ralph T. Hoover PROPERTY ADDRESSES: LOAN ACCOUNT NO.: 30 North Baltimore Avenue, Mt. Holly Springs, PA 711715 00 523464 ORIGINAL LENDER: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Mortgage Co of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCy ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND, *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HouSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of tho consumer credit counseling agencies hsted at tho end ofthis Notice: THIS .MEETING MUST OCCUR WITHIN THE NEXT TH/RTY (30) DAYS. IF YOU W TO C YOUR MORTGAGE DEFAULT" EXPLAINS HOW' TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - Ifyou meet ~ c~lle ~ftho consumer credit c~unseling agencies hsted at the end of this notice, tho lender may NOT take action against you for thirty (30) days afar the date of this meeting. The names addresses and tel hone: numbers of desi ated consumer credit .~__~_~selin a encms for the count m which the ~ e ~s located are set forth at the end of this Notice. It m only necessary to schedule one face-to-face meeting. Advise your lender .immediately of you intentions. .APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth !_~.a?r, m ,?is Noti ,ce, (see foll,ow~.,g, pages for sp.~ific informatton about the nature of your default.) If ou have cno~ aha are unaom tn resolve mis proolem w~th the lender, you have the right to apply for financial asY~istance from the Homeowner's Emergency Mo~age Assistance Program. To do so, you must fill out, sign and file completed Homeowner's Emergency Assistance Program Apphcation with one of the designated consumer credit counseling agencies hsted 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 apphcation MUST be filed or postmarked within thirty (3 0 days of your face- to-face mooting. 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 AGA/NST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY AcTIoN: Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will bo pursued against you if you have met the time requirements sot forth above. You will be notified directly bythe Pennsylvania Homing 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 fried bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to ~oto): NATURE OF THE DEFAULT - The MORTGAGE debt held bythe above lender on your property located at: 30 North Baltimore Avenue, Mt. Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following mounts are now past due: Account # 711715 00 523464 June, 2002 through July, 2003- 8 payments of $791.05 = $6,328.40 ~)ther charges (explain/itemize): Past Due Payments: $6,328.40 + interest: $4,522.13 = $10,850.53 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) days of. tho date of this Notice BY PAYING THE TOTAL AMOUNT PAST DU~"~FO~'THE LENDER, wHIcH IS $10,850.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS, tho lender also intonds to instruct its attorneys to start logal action to foreclosure upon your mort~_~_~ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still 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 aH reasonable attorney's fees actually which may also include other reasonable costs. If you cure the .default within the THIRTY (30) DAY period, you wilfnot be required to pay atWme¥'s fees. OTHER LENDER REMEDIES - The lender may also sue you personally for tho 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 tho, default and prevent the sale at any time up to one hour before the SheihTs Sale. You m~y do so bvl~aving total amount th~ past due~ plus any l~to. or other charges then due, r_m__sonable ~_tt_o~ney's fees and cost,: connected wi'dx the fo~clos ., . uro sale and any other costs co~u,ected w~t~ the Sheriff's Sale as specified in by tho lender and by perforn~in~ any other requirements under the mediate. Curing your default in the manner sot fo~da 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 esfim~.ed that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. ANotice of the actual date of tho Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at anytime exactly what the required payment or action will bo by contacting the lender. HOW TO CONTACT THE LENDER: Beneficial Consumer Discount Company Foreclosure Dept. 961 Weigol Drive Elmhurst, IL 60126 (800) 959-3482 Ext. 6503 Fax: (630) 617-7802 Tracey Williams EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership ofthe mortgaged property and your right to occupy it. I/you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings coul,d be started bythe lender at anytime. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transfero~ who will assume the mortgage debt. · I ...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 TI-IlS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. *TO HAVE TI-IE MORTGAGE RESTORED TO ~ 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 ASSIST THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR A3IY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO AS S ERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY I-LAVE TO SUCH ACTION BY THE LENDER. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BYTHE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Wester PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 It is only necessary to schedule one face-to-face meeting. You should advise Ms. Williams at Beneficial Coasumer Discount Company, immodiatoly of your intentions. Herbert P. Henderson, II AttorneY for Beneficial Consumer Discount Company 3 6 East King Street Lancaster, PA 17602 (717)295-9159 Tracey Williams, Beneficial Finance SHERIFF'S RETURN - REGULAR CASE NO: 2003-01205 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS HOOVER RALPH T III RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOOVER RALPH T II the DEFENDANT , at 1400:00 HOURS, on the 26th day of March at 146 NORTH EAST STREET , 2003 CARLISLE, PA 17013 DEB HOOVER, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this _.10~ day of A.D. / ~r~t~ohotary ' * r So Answers: R. Thomas Kline 03/27/2003 KENNETH REID~~ By: ep6ty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P VS. RALPH T. HOOVER, III ACTION IN MORTGAGE FORECLOSURE Defendant TO: RALPH T. HOOVER, III DATE: May 1, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAIl.ED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 RElDENBACH & HENDERSON By: Herbert P. Henderson, II, Esquire Attorney for Plaintiff' Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF ? COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P VS. RALPH T. HOOVER, III ACTION IN MORTGAGE FORECLOSURE Defendant PROOF OF SERVICE I, HERBERT P. HENDERSON, II, ESQUIRE, ofReidenbach & Henderson hereby certify that on May 1, 2003, I mailed by first class mail a copy of the Notice of Intention to Take Default Judgment in the above matter upon the following: Ralph T. Hoover, III 146 North East Street Carlisle, PA 17013 REIDENBACH & HENDERSON He~'b~ert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P VS. RALPH T. HOOVER, III ACTION IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Ralph T. Hoover, II, Defendant, and direct the Sheriffto levy on 30 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania 17065; Amoum Due: Principal Balance due: Delinquent Interest: Attorney Commission: Total $65,784.79 $ 7,581.14 $ 3,578.73 $76,944.66 together with costs of proceeding REIDENBACH & HENDERSON Dated: Herbert P. Henderson, II, Esquire Attorney I.D. No. 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P VS. RALPH T. HOOVER, III ACTION IN MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Co. of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Pmecipe for the Writ of Execution was filed to the following information eonceming the real property located at 30 Noah Baltimore Avenue, Mt. Holly Springs, Pennsylvania 1. Name and address of Owner(s) or Reputed Owner(s): Ralph T. Hoover, III 146 Noah East Street Carlisle, AP 17013 2. Name and address of Defendant(s) in the Judgment: Ralph T. Hoover, III 146 Noah East Street Carlisle, AP 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Beneficial Consumer Discount Company dgo/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 4. Name and address of the last recorded holder of every mortgage of record: Benefi(~al Consumer Discount Company dgo/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Hams Savings Bank P.O. Box 1711 Hamsburg, PA 17105 5. Name and address of every other person who has any record lien on th(ir property: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest m the property and whose interest may be affected bythe sale: None 7. Name and address of every other person of whom the Plaintiffhas knowledge who has any interest m the property which may be affected by the sale: None I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief and are based upon information received from Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. 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. BENEFICIAL CONSUMER DISCOUNT COMPANY, dgo/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA By: ~k.~ ~ Herbert P. Henderson, H, AlZomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSLrMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P vs. RALPH T. HOOVER, III ACTION 1N MORTGAGE FORECLOSURE Defendant NOTICE OF SHER~lc'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (mai estate) will be held on December 10, 2003 on the 2~ Floor of the Old Courthouse, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013 at the prevailing local lime designated by the Sheriff. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE ATTACHED DESCRIPTION) THE LOCATION of your property to be sold is: 30 North Baltimore Street, Mt. Holly Springs, PA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-01205 P THE NAME(S) of the OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY: Ralph T. Hoover, III A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Corm of Common Pleas of Cumberland County, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013, (717) 240-6390. 'fl:liS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued becansc there is a judgment against you. It may cause your property to be held to bc sold or taken to pay thc judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you mom specifically of these rights, ff you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 2404200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court o£ Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberiand County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's deed is delivered. 3. A petition or petitioner raising the legal issues or rights memioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor at least three (3) huffiness days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. REIDENBACH & HENDERSON Herbert P. Henderson, II, Esq. Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff NO. 2003-01205 P VS. RALPH T. HOOVER, HI ACTION IN MORTGAGE FORECLOSURE Defendant LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: On the West by North Baltimore Avenue; on the North by property formerly of Anna Brenneman, now or formerly ofLyrm G. Brenneman; on the East by Mountain Creek; and on the South by property formerly of Jacob J. Shriver, now or formerly of Ilgenffitz. Having a frontage on North Baltimore Avenue of 26.5 feet and extending in depth at an even width to said Mountain Creek a distance of 252 feet, more or less, and being improved with a two and one-half story frame dwelling house known as 30 North Baltimore Avenue. BEING THE SAME PREMISES WHICH the Housing Authority of the County of Cumberland by Deed dated June 25, 1997 and recorded June 27, 1997 in the Office of the Recorder of Deeds of Cumberland County, in Record Book 160, Page 148, granted and conveyed unto Ralph T. Hoover, Ili, and Tammy M. Hoover, husband and wife, their heirs and assigns. AND THE SAID Tammy M. Hoover died whereupon title vested in Ralph T. Hoover, III by right of survivorship. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1205 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 D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff (s) From RALPH T. HOOVER, IH (1) You are directed to levy upon the propexty 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 snbject 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. AmountDue $65,784.79 L.L. $.50 Interest DELINQUENT INTEREST - $7,581.14 Atty's Corem % $3,578.73 Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: JULY 11, 2003 (Seal) REQUESTING PARTY: Name HERBERT P. HENDERSON, II, EQUIRE Address: 36 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 71%295-9159 Supreme Court ID No. 56304 CURTIS R. LONG Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: CO. OF PENNSYLVANIA : Plaintiff : RALPH T. HOOVER, 111, : Defendant : No 2003-01205 P ACTION IN MORTGAGE FORECLOSURE NOTICE TO DEFENDANTS AND !,fEN HOLDERS OF RECORD COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER HERBERT P. HENDERSON, II, ESQUIRE, being duly affirmed according to the law, deposes and says to the best of his knowledge, information and belief, that he is a parmer in the law firm of Reidenbach, Henderson & Pecht, which firm has acted as attorneys for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, in this execution proceeding: that on October 29, 2003, the Plaintiff, by its attorney, gave written ("Notice") to the Defendants (Defendants being served by Regular and Certified Mail) and the following lien holders of record in the manner indicated below, in connection with the Sheriff's Sale scheduled to be held on December 10, 2003, at 10:00 a..m. prevailing time, by REGULAR MAIL. POSTAGE PREPAID Ralph T. Hoover, III Harris Savings Bank 146 North East Street P.O. Box 1711 Carlisle, PA 17013 Harrisburg, PA 17105 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, PA 60126 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013 With a tree and correct copy of the Notice that was sent to the Defendants (Defendants served by Regular and Certified Mail) and the lien holders, the record is attached and made a part of this affidavit, sent by Untied States First-class Mail, Postage Prepaid. & T~~/ REIDF:i~NBACH, HENDERSON Herbert P. Henderson, Esquire Attorney for Plaintiff 36 East King Street Lancaster, PA 17602 Telephone: (717)295-9159 ID #56304 Affirmed and subscribed to before me thisO~-day of ~0c~al~003. No~ka~ Public REIDENBACH, HENDERSON & PECHT The Cipher Building 36 East King Street Lancaster, PA 17602 Kenneth G. Reidenbach, II* Herbert P. Henderson, II Wayne M. Pecht*+ * Member of California Bar + CPA/LLM in Taxation October 29, 2003 Telephone 717-295-9159 Fax 717-295-1225 e-mail lawyer@law-for-you.gom Beneficial Consumer Discount Company d/b/aBeneficialMortgage Co. of Pennsylvania 961W~gelDrive Elmhurst, IL 60126 Harris Savings Bank P.O. Box 1711 Harrisburg, PA17105 Cumberland County Tax Claim Bureau 1 Cour~ome Square Carlisle, PA 17013 Re~ Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, vs. Ralph T. Hoover, m Dear Lienholder: Take notice: iYou are hereby notified that Beneficial Consumer Discount Company dPo/a Beneficial Mortgage Co. of Pennsylvania, has entered Judgment on a complaint in Mortgage Foreclosure against the above-referenced persons and has issued a Writ of Execution at No. 2003-01205 and that the Sheriff of Cumberland County has scheduled a Sheriff's Sale on said Execution for December 10, 2003 at 10:00 a.m. prevailing time, on the 2"~ Floor of the Old Courthouse, Cumberland County Courthouse. The property upon which execution was issued is situate in the Borough of Mt. Holly Springs, Cumberland County, with an address of 30 N. Baltimore St., Mt. Holly Springs, PA 17605, see attached copy of complete description. You are a lienholder of record. Judgement has been entered in the amount of $76,944.66 plus interest to the date of sheriff's sale together with late charges and all costs of suit. Herber~ P. Henderson, II HPH,II/nnb Enclosure Kenneth G. Reidenbach, II* Herbert P. Henderson, II Wayne ~4. Pecht*+ * Member of California Bar + CPA/LLM in Taxation REIDENBACH, HENDERSON & PECHT The Cipher Building 36 East King Street Lancaster, PA 17602 October 29, 2003 Telephone 717-295-9159 Fax 717-295-1225 e-mail lawyer@law-for-you.com Ralph T. Hoover, III 146 North East Street Carlisle, PA 17013 Re: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania vs. Ralph T. Hoover, III DcarMr. Hoover: You are hereby notified that Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, has entered Judgment on a complaint in Mortgage Foreclosure against you issued a Writ of Execution at No. 2003-01205 and that the Sheriff of Cumberland County has scheduled a Sheriff's Sale on said Execution for December 10, 2003 at 10:00 a.m. prevailing time, on the 2~a Floor of the Old Courthouse, Cumberland County Courthouse. The property upon which execution was issued is situate in the Borough of Mt. Holly Springs, Cumberland County, with an address of 30 N. Baltimore St., Mt. Holly Springs, PA 17605, see attached copy of complete description. HPH,IFnnb Enclosure Very truly yours, Herbert P. Henderson, II Suite 200 1205 Manor Drive Mechanicsburg, PA 17055 Telephone: Fax: 717-691-9808 717-766-3361 J Z c) c~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ? SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Beneficial C D C d/b/a Beneficial Mt~ Co of Pa is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202003, under and by virtue of a writ Execution issued on the 1 lth day of July, A.D., 202003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1205, at the suit of Beneficial C D C d/b/a Beneficial Mtg Co of Pa against Ralph T Hoover III is duly recorded in Sheriff's Deed Book No. 262, Page 870. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A,D2004 day of .... -Recorder of Deeds Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS Ralph T. Hoover, III In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1205 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2003 at 2:37 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ralph T. Hoover, III, by making known unto Deborah Hoover, wife of defendant, at 146 North East Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 06, 2003 at 3:57 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ralph T. Hoover, III located at 146 North East Street, Carlisle, 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 defendant, to wit: Ralph T. Hoover, III, by regular mail to his last known address of 146 North East Street, Carlisle, PA 17013. This letter was mailed under the date of October 6, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M, lie sold the same for the sum of $1.00 to Attorney Herbert Henderson, II for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania of 961 Weigel Drive, Elmhurst, IL 60126, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $714.15, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 14.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 237.50 Patriot News 225,85 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 714.15 Sworn and subscribed to before me This .~'0__ day of ~ :oo~,^,~. ~ ~, ~, Frothonotar~ R. Thomas Kline, Sheriff Real Estate Deputy Real Estate Sale # 12 On August 5, 2003 the sherifflevied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA known and numbered as 30 North Baltimore Ave., Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 5, 2003 By: Real Estate Deputy TIlE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. 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 .............. Z~L. ............. COPY Sworn to ~a3eVsubscribed before m~th~s 19th day of N/evem~O03 A.D. RF. AL-ESTAYI~J~I.E ,e. 12 City 0 ~arnSbu...rg, Dau~hin ~C,~mty,,,,~ ' I NOTAI~Y POBLIC Writ N~ ~0~-1~05 My Co~rn~ssi°n ~-xpireS june ~3, ~ / , Clvll'lbrm · Co. of Penf~yivanie RalIIII T, I'loo~, fll Arty: I~ Ha~e(i~, II DESCRII~flON im~,~me~ts ffu~on sit.at~ i~ ~ Bomgl~ of MemDe~,pen~sytvaniaAssodetJonOfNc~ies My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs MS ~!ly $~i.Ss, C~m~]aad Co~.~J, To THE PATRIOT-NEWSCO., Dr. :P~lmsylvard~ botmd~ ~ ~ ~ ~s: ~ ~ ~ ~ N~ B~ A~; ~ ~ For publishing the notice or publication attached N~ ~f~y of~ ~, hereto on the above stated dates ~ ~y ~L~ O. B~;~ ~ ~ ~ ~ ~ ~ ~ ~ by Total $ 225.85 ''~;~~ Publisher's Receipt for Advertising Cost ~ ~ ~ ~ a ~ ~ ~ ~,., puDlishor of TBo Patriot-Nows and Tho Sunday ~aIri~t-Nows. nowspapors of 9onoral ~~a~ ~ recoipt of tho aforesaid notico and puDl~cation costs and co~ifios t~at Iho samo havo B~G by~J~,t~J~ ~y .................................................................... 2~, ~i~ ~ ~of~R~of 148, ~ ~u ~e ~ in ~ T. H~, ~, by PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE 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: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 12 Writ No. 2003-1205 Civil Berlefi¢ial Consumer Discount Compmly. d/b/a Beneficial Mortgage Co. or' Pennsylvania VS. Ralph T. Hoover. III Atty.: Herbert Henderson, 1I LEGAL DESCRiPTION ALL THAT CERTAIN tract of [and ate in the Borough of Mt. Holly Springs. Cumberlamd County, Penn- sylvania, botmded and described as follows: On the West by North Baltimore Avenue; on the North by property lYrmerly or' Anna Brenneman, now or formerly of Lynn G. Brennemaa~: on the East by Mountain Creek; mad on the South by property formerly of Jacob J. Shriver. now or formerly %M~¢,~E itor~ SWORN TO AND SUBSCRIBED before me this 31 _day of OCTOBER, 2003 LOIS E, SNYDER, Nota~/Public Carlisle Boro, Cumberland County My Co~mission F.~]res ktanYn 5, 2005 sylvania, bounded arxd described as follows: On ti~e West by North Baltimore Avenue; on the North by property formerly o{' ~Mma Brennemma, now or formerly of Lymn G. Brennemam on the East by Mountain Creek; arid on the Smxth by property formerly of Jacob J. Shriver, rlo~ or ibra~erly of [lgenfritz. Hax4ng a frontage on North Bal- timore Aver~ue of 26.5 feet and ex- tending in depth at an even ~4dth to said Mountain Creek a distance of 252 tbet, more or less, a~d beXng improved with a ~wo and one-half story fi-amc dwelling house lmown as 30 North Baltimore Avenue. BEING THE SAME PREMISES WIdlCH the Housing Authority of the County of Cumberland by Deed dated June 25, 1997 and recorded June 27. 1997 in the Office of the Recorder of Deeds of Cumberland County, in Record Book 1(~0, Page 148, granted and conveyed unto Ralph T. Hoouer. III, and Tammy M. Hoover, husband and wife, their heirs and assigns. AND THE SAID Tammy M. Hoover died whereupon title vested ir~ Ralph T. Hoover. III by right of survivorship.