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HomeMy WebLinkAbout99-03205McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 V. Robert J. Hockley 87 Ball Park Drive Gardners, PA 17324 and Helen I. Hockley 87 Ball Park Drive Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas 05- Number NOTI%VIL ACTION/MORTGAGE FORECLOSL+1AISO 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 nay proceed without you and a judgment may be entered against you by the court without further notice for any money ct4fmcd 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted en is torte. Si usted quiere defenderse de estas demandas ex-puestas an Las paginas siguientes, usted tiene veinte (20) dies de ptezo at partir de is fecha de la demands y is notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a Is torte an forms escrita sus defenses o sus objeciones a Las demandas an contra de su persona. Sea avisado qua si usted no se def teene, Is torte tomara medidas y puede continuer is demanda an contra suya sin previo aviso o notification. Ademas, to torte puede decidir a favor del demandante y requiere qua ustedcuipla con todas Las provisions de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINOTIENEABOGADO0 SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (777) 249.3166 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 V. Robert J. Hockley 87 Ball Park Drive Gardners, PA 17324 and Helen I. Hockley 87 Ball Park Drive Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial [Mortgage Co. of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Robert J. Hockley, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 87 Ball Park Drive, Gardners, PA 17324. 3. The Defendant is Helen I. Hockley, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her .last-known address is 87 Ball Park Drive, Gardners, PA 17324. 4. On November 6, 1995, 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 1290, Page 744. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 87 Ball Park Drive Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September, 1998 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 $37,345.78 Interest 9/98 through 3/25/99 $ 4,461.65 (Plus $13.28 per diem thereafter) Attorney's Fee $ 1,867.29 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search S 200.00 GRAND TOTAL $44,224.72 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. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B.,, WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $44,224.72, together with interest at the rate of $13.28 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ?M.c.?., ? y . L1 t c TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff The undersigned, Robert F. Elston, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PEnnsylvania 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. §4904 relating to unsworn falsification to authorities. ROBERT F. ELSTON • 1?? I ' I ?? OPEN-END MORTGAG} I??s? I ??I Id I? IrII? ?I I? III SOI III?I l ill 1B0F71 G THIS MORTGAGE SECURES FUTURE. ADVANCES WHICH MORTGAGEE 03 HAS A CONTRACTUAL OBLIGATION TO MAKE THIS MORTGAGE, entered into this. 6th. day of November... 19._Q5. , between ..._ _ liabart. J. Hocklay and He-Ion L Bocklay_.his wife....... hereafter called "Mortgagors' and ? BENEFICIAL CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation, 13 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a Beneficial Mortgage Crt, of Pennsylvania, a Pennsylvania Corporalion, having an office and place of business at. 1 South Hanover S.t:eet, Carlials, ,Pennsylvania, hereafter called "Mortgagee." WITNE.SSETH, that to secure payment by Mortgagors of a Credit Line Account Agreement, hereafter called "Agreement;' of even date herewith, by which Mortga cc is obligated to make Inns and advances up to $.37, 000, 00 ......, hereafter called "Credit Line" and all other obligations nfMorlgagurs under the terms and provisions of this Mortgage Mortgagors do by these presents, sell, gram and convey Io Mortgagee, ALI. the following described real estate, hereafter called "Property;" situated in the El City C7 Borough M lbwnship of Diclinaoa .. _ ._.- - ., County of Cumberland .. .... ...., Commonwealth of Pennsylvania, ALL cribed us fulhRVS; THAT CERTAIN PROPERTY situated in the TOWNSHIP of DICKINSON in the COUNTY of CUMBERLAND and COMMONWEALTH of PENNSYLVANIA and being described as follows: .552 Acres +/- being more fully described in a dead dated 04/19/83 and recorded 04/19/83, among the land records of the county and state sat forth above, in deed Volume 30D and Page 401. Tax Map or Parcel ID No. 8-16-210-42 Addresat 87 Ball Park Rd. Munlcfpal Thx I.nt . , Block Uniform Parcel Identifier 8-16-210-42 _ . HeIn ppremises conve cd to Mortgagors by deed ot'convcyance duly recorded in the office for the Recording of Deeds in this County in Drlrkrnk No. . 30D . , Page 401... as the Property therein described, 0 If this box is checked, this Mortgage is subject to a prior mortgage dated ..... 19 executed by Moripayum to .,. as mortgagee. which prior monguµe secures payment of a promissory note in the principal amount of b That prior mortgage was recorded an 19 with the Recorder of the County of. Pennsylvania, in Houk ., ... Page TO HAVE AND TO HOLD the Property hereby granted and conveyed umo Mortgagee, to and for the use and bchoof of Mortgagee, its wccessurs and assigns, forever. TIIIS MORTGAGE IS MADE subject to the following conditions, and Mortgagors agree: I . Mortgagom will make all payments on the due date thereof and perform all other obligations as required or provided herein and in the Agreement 2. This Mortgage secures any anti all future advances which Mortgagee shall make m Mortgagor andgr Ih• AlVemcni up to the Credit Line, b? 3. Mortgagurs will pay when due all taxes and assessments Icvic Eas 1 u rt or a thereof, and will deliver receipts fur those payments to Mortgagee upon request a xe. or asses en . plus penalties and itt. costs, the amounts so paid may be added to the unpaid balance of ti secured by this Mortgage. 4, Mortgagors will keep the impnrvcments on the Pruperiy constantly insured against fire and such other hazards, in such amount and with such carriers as Mortgagee shall approve, with loss, if any, payable in Murtgagec as its interest may appear. S. Mortgagee, at its option in case of default by Mortgagors of any obligation required of them under paragraphs 3 and 4 of this Mortgage, shall have the right to pay any taxes, assessments, water and sewer rents, Insurance premiums and all other charges and claims which Mortgagors have agreed to p;ry under the terms of the Agreement and this Mortgage, and any and all monies so paid shall he a pan of the dean hereby secured and recoverable as such, in all respects, with interest thereon from the date of such payment. h. Mortgagors will neither commit nor suffer any strip, waste, impairment or deterioration of the Property, and will maintain the same to good order and repair. 7. In the event that Mortgagors default in the making of any payment due and payable under the Agreement or in the kccPingg and performance by Mortgagors of any of the conditions or cotenants of this Mortgage or the Agreement, Mortgagee may hirthwith bring an Action of Mortgage Ftrcclosurc hereon, or institute other fitrcelosure proceedings upon this Mon&age, and may proceed Injudgment and execution m recover the Unpaid Balance of the Account plus accrued but unpaid interest, including attorney fees as permitted by law, costs of suit and costs of sale. RL 4 rA :111;225. E.J. Nor. 'N4 BOOK 122 fact 744 8. Upon commencement of a suit in foreclosure of this Mortgage or suit to which Mortgagee may be made a party by reason of this Mortgage, or at any rime during (hc pendency of any such suit, Mnrlgagce, upon app Ocatinn to the appropriate court, at once, without notice w Morlgagoror any person claiming under Mortgagor, andd without consideration the adequacy of the security or the solvency of Mongaggar, shall appoint a receiver for the Property. The mceiver shall (I) take possession of the Property; (2) make repairs and keep the Property m proper condition and repair; and (3) Pay (u) all taxes and assessments accruing during the receivership, (h) all unpaid taxes and assessments unpaid and tax sales rematnmg unrcdcrmed, ut or prior a+ the foreclosure sale, (c) oil insurance premiums necessary u+ krcp the Property insured in accordoncc with the provisions of this Mortgage, and (d) the expense of the receivership, and apply the halance, d any, against the indcbledncss secured by this Mortgage., 9. !f Mortgagors voluntarily shall sell of convey the Property, in whole ur in part, ur any interest in that Propperty or by some act or means divest themscives of tide to the Property without obtaining the written consent of Mortgagce, then Mortgagce, at its option, may declare the entire balance of the loan plus interest on the ha lance Immediately clue and payable. This option shall not gply if (l) the sale of the Property is permitted because the purchaser's creditwort hiness is satisfactory in urigagee and (.) that purchaser, prior to the sale, has executed a written assumption agreement containing terms prescribed by Mortgagee, including, if required, an increase in the tale of interest payable under the Agreement. 10. Mortgagors, and each of them in this Mortgage, hereby waive and release all benefit and relief from any and all appraisement, stay and exemption laws, now in force or hereafter passed, either for the benefit or relief of Mortgagurs which limit the unpaid principal balance due under the Note to a sum not to excess of the amount actually paid by the purchaser of the Property at a sale of the Property in any judicial proceedings upon the Note or upon this Mortgage, exempt the Property or any other premises or property, real or personal, or any part of the proceeds of sale (hereof. from attachment, levy or sale under execution, or provide for any stay of execution or other process. 11. Mortgagor warrants that (I) the Property has out been used in the past and is not presently used for hazardous and/or toxic waste, (2) the Property, complies with all federal, state and local environmental laws regarding hazardous and/or toxic waste, (3) asbestos has not been used as a building material on any building material on any building erected on the Property in the past, (4) the Property is not presently used for asbestos storage and (S) the Mortgagor complies with all federal, state, and local laws, as well as regulations, regarding the use and storage of asbestos, 12. Mortgagor eonvenants and agrees to comply with all federal, stale, and local environmental laws in the maintenance and use of the Property. 13. Mortgagor warrants that nchlitrthe Property nor the loan proceeds were or will be used in illegal drug activity, and the Properly is not subject to seizure by any governmental authority because of any illegal drug activity. BUT PROVIDED ALWAYS, that if Mortgagors do pay or cause this Mortgage and the debt hereby secured to be paid in full, on the day and in the manner provided in the Agreement, then this Mortgage and the estate hereby granted shall cease and determine and become void, anything herein to the contrary notwithstanding. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the terms and conditions of the Agreement of even date between Mortgagors and Murtgagee. IN WITNESS WHEREOF, Mortgagors have signed this Mortgage, with seal(s) affixed, on the date first above written. Signed caled and deliver d i the pr cnce of: Wunaa obct J. Hoc&ley (SEAL) waness a en oc a (SEAL) Y w.... -(SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF -.-Cumberland at,; On this the __4tb_ _ day of . November..- .. _ , 19._95 , before me,Clintnb 11_ L1,011 eL the undersigned officer, personally appeared . Robert J, _3.Itelen I,. Hoekley (Name or Ofricer)._ _ (Name of &w~r) known to me (or satisfactorily proven) to be the person whose name are subscribed to the within instrument and acknowledged is/am that - - he executed the some for the purposes herein contained. seal, the day and yrar aforesaid. !'1'fi?;Jlsi ).II:AL) ?11:1? r' Nc4trlt' 5?,??lh? f. _ _ _C,vfslnfloiO?Q C?'G&11rdvRy' / G1 ¢ 'Y1 t?l'Cortv'r`tiutCrire5 Ane1r, 193G nary Ycnnrylnnie ??? ary Clinton M. Lla uget ? ane:a„os B00X . O FA6E 745 CERTIFICATE OF RESIDENCE 1,.....DeAT'll bDltPr.C. ' _.. . _ of Beneficial Consumer. qiis.count.d/6/a .. ..Bene.ficlgl-Mortgage.Co•.ol; Penn'ay.lyania. Mortgagee numed in the foregoing Mortgage, hereby certify that the correct residence Pdress of tfre Mortgagee is 1. South. Mitavet. Street,.Carliole.P.A.17019_ Witness my hand, chi's . , 6th jay of ...November . u: O lr O a, e-1 ,I c> a= l \.1 0 ,i: 111 - 1.f2 t7n ILL 4 PA 20/22123. Ed. Nw. '44 rn E W d so 0 V W V V r: I Deanna HankertAgenl ntlhluugagec . I f I 1 I I I i I I I I 1 . ? I I 1 I I y I 4 y ?, I y I vp' ? < +? , I - .- -. i //''D•(-TI ?y? x I to d IL W„ '.? I F F -pp. i? N ra 8 W ? I ?I I I m C=f1?? 4i 1 =?1? i I? r N! co, d t w d I ? li bL V? S, ? y ? p n 02; i u L r. o ! i, W F; tit 3 s . rr = E t n .+ rs ; q v "'? c to I I Lb2 I I v ? a c._. , I EoOM12$U FACE 74G LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING SUITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT, N108108 (215) 790.1010 (609) 858.7040 FAX (609) 858.7020 TERRENCE 1, McCABE FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) $75.2537 April 8, 1999 Robert J. Hockley 87 Ball Park Drive Gardners, PA 17324 ACT 91 NOTICE TAKE ACTION TO SATE YOUR n"OME FROM FORECLOSURE THE COMMONWEALTH OF PEf, IS HOMEOWNER'S EMERGENC ASSISTANCE PROGRAM MAY BE ABLE TO H READ THE FOLLOWING NOTICE TO FIND O 9 ?? HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania ???ddd Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. 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 hi t po eca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Robert J. Hockley FROM: Terrence J. McCabe, Esquire RE: Premises: 87 Ball Park Drive Gardners, PA 17324 Account Number: 711715-13-116593 fOYecl061 y with `1 w o p -- on your mortgage if you comply with the e provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency, PleasF, read all o th.A Notice t contains an xp?-- vo?r ,-;ghts• 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. Thia m Ling must-. occur ;n h next (30) days. I If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA representative is as follows: Robert Elston Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel. Drive, P.O. Box 8632 1-800-959-3482, Ext. 7354 %kk?•4•k it ar SIr?FE? Efifl o E R ppyy31 EE ? n iB? :G A` d I W E N m d A V L^q & ip C-0 uAy b /1' ?y N 3Fzu Q ?S? u ? c E ? g°1W?rj6 ' i S m L? E L l y j 1 - c vJ a ` 2 m n?o F ,. : r ? ?yG c ? y { Ayd??? and a 4. ? ?' J ? g?p ` ? JP WHO O @ @ E? ? d _ _ m ?f E? a u : J C-dN d m C ?N _ N? Hip .912 am o S S $ d : U Ft U 1 n c CD C ' 6 ? $g g? a E3L I J -0 c ? ? p? W d K V ? F q. p Lry F6??O?U - ' ¢ ° ? a I ?. 4 1 a. w . m r c a¢_uu d j y o ) ? ? 6ti 0 a a y ?? i c a• fi` cf C N v . Z ao ; 2S d Lo r: 5 V d m ? ? ? f w.? i " (`1 [? O I U'1 tD f. q O) O .- N rf') '?? i() r LAW OFFICES 'McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING SUITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT, NJ 08108 (215) 790-1010 (609) 858.7080 FAX (609) 858.7020 TERRENCE J. MCCABE FAX (215) 790-1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 575-1010 FAX (212) 575.2537 April 8, 1999, Robert J. Hockley 87 Ball Park Drive Gardners, PA 17324 LENDER: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA ACCOUNT NUMBER: 711715-13-116593 REAL ESTATE: 87 Ball Park Drive Gardners, PA 17324 Dear Robert J. Hockley: The MORTGAGE held by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA (hereinafter we, us or ours) on your property located at 87 Ball Park Drive Gardners, PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of approximately $478.00 for the months of September 1998 through March 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $N/A. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $381.8.36. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3818.36 plus any additional monthly payments and late charge which may fall due during this period, Such payment must be made either by cash, cashier's check, certified check or money order and made to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8632 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit-, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other' requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 1-800-959-3482, Ext. 7354. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving 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 receiving 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 the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. MCCABE TJM/ddp SENT VIA CERTIFIED MAIL NUMBER Z 312 143 765 RETURN RECEIPT REQUESTED LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING SUITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE WESTMONT NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 , (609) 858.7080 (215) 790.1010 FAX (609) 658.7020 TERRENCE 1. MCCABE FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 April 8, 1999 Helen I. Hockley 87 Ball Park Drive Gardners, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENATSYLVAIVTIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia. (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. 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. IMPORTANT: NOTICE OF "; HOMEOWNERSI EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Helen I. Hockley FROM: Terrence J. McCabe, Esquire RE: Premises: 87 Ball Park Drive Gardners, PA 17324 Account Number: 711715-13-116593 f==1 p4 ,r - on cance tria w; , l o, f your mortgage if you comply with the provisions of ions the Homeowners, Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. p1Pay e n afi all of this Notice. Tr contains an aY", 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. Th;s m etina muter oc?+,r ;n h n + (?n? days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA representative is as follows: Robert Elston Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8632 1-800-959-3482, Ext. 7354 . The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your MoKtcracre 'A in-default, because you have failed to pay promptly installments of pr, incypal and in r q as required, for a period of at least sixty (60) days. The total amounE of the delinquency is $3818.36. That sum includes the following: Principal and interest. NIA. mortgage is also in default for the following reasons: If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your annlicarinr It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. and comnlerP_ ,'I? PvPryp The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Sox 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving 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 receiving 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 the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS CO tNIMION IS TO COLLECT A DFnm AND ANY INFORMATION OB'T'AINED WILL-BE USED FOR THIS PURPOSF Very truly yours, TERRENCE J. MCCABE TJM/ddp PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 r raMCEq €Z I L..) UJ .? y g b m m 8 . ? :s +'r . E E u c E $ €'S ha N v $aa S ?'s??r.? D .r----.. N U V: U? 0 5r- a a > n°3 r l :t, q <<__Na g QE 7 E a s E g ¢a O va8???? O 3 r ? OON`?? fig,°r 4?? a c o am m _ ?- ( v P J s-"6-y2 NO E p 0 O m O a °a m O = < ? ? ???L Syo y u m m a o y LG p? Ca L r p Q p ?L Y ° ? s U¢?? U =" '(7 r r ? o ?r Ua N ? p F- 6 !• ? O R V a dw? a c 8' 'A LL ¢iE8 yz? W N 01 N U, '0 W w?¢ ? y l ( ?• ?' y o J gp 8: °1oi 3 o t l L, II y ? /) `m g ) c d .. , / ,?j ? y T? 5 i J 7 G r l '? C t o E d ay m o z . ,. Y '? cI r) 6 r) ?? ` Qr J 8 A , l J d / y J ' - r ? 1 V ? d-; ? C I r c , a tia Ate c r CJ L'l? 7 N- t?? !. p'I 0) . O r N M N t Y. 7 1 i L I TERRENCE).McCABE LAW OFFICES - McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858-7020 FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 575.1010 FAX (212) 575.2537 April 8, 1999 Helen I. Hockley. 87 Ball Park Drive Gardners, PA 17324 LENDER: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA ACCOUNT NUMBER: 711715-13-116593 REAL ESTATE: 87 Ball Park Drive Gardners, PA 17324 Dear Helen I. Hockley: The MORTGAGE held by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA (hereinafter we, us or ours) on your property located at 87 Ball Park Drive Gardners, PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of approximately $478.00 for the months of September 1998 through March 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $N/A. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $3818.36. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3818.36 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8632 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and coats connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 1-800-959-3482, Ext. 7354. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage to a buyer ...:r or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs are paid prior to or at the sale, and that the other_ requirements under the mortgage are satisfied), Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving 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 receiving 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 the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. MCCA3E TJM/ddp SENT VIA CERTIFIED MAIL NUMBER Z 312 143 766 RETURN RECEIPT REQUESTED i T 1 Z 312 143 755 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided, Postage $ Cerdged Fee Raatrlcled Delivery Fee N m Return Recelpt Showint LTDTAL Postage a Fees I $ 2 a 4 N 2 G O W ca t? to a Z 312 143 766 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall tSee reverse) So It Sheet a Number Post Office, State, a ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Reoelpt Showing to Whom a Daze Delivered Paton Receipt Sh*V to Whom, Dale, a Ad&m"% Asian TDTAL Postage a Fees i s Postmark or Date ?? (? ?r ? ;. C , lt7 L; ;- C •' t ? ?. LL (71? _ C.•. "7 u n- c.' L?? ?'- ...-. u_ ?_.? ? ?,? ,.. ,?? m ? -? ? ?` &' • SHERIFF'S RETURN - REGULAR CASE NO: 1999-03205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL MORTGAGE CO OF PA VS. HOCKLEY ROBERT J ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon HOCK.LEY ROBERT J the defendant, at 10:59 HOURS, on the 3rd day of June 1999 at 87 BALL PARK DRIVE GARDNERS, PA 17324 CUMBERLAND County, Pennsylvania, by handing to MELISSA MORRIS a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 7.44 P Affidavit Surcharge 8..00 00 R ?I oma u 5 i $3.44 -0C B$i9WWEEISBERG & TAY by ? Sworn and subscribed before me this ) day of 1911 A.D. n?-tazy? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL MORTGAGE CO OF PA VS. HOCKLEY ROBERT J ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon HOCKLEY HELEN I the defendant, at 10:59 HOURS, on the 3rd day of June 1999 at 87 BALL PARK DRIVE GARDNERS, PA 17324 CUMBERLAND County, Pennsylvania, by handing to MELISSA MORRIS (DAUGHER IN a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: .? Service ocketing 6.00 Affidavit .00 .t Surcharge 8.00 m s ine i $14.? 0C? B? WEISBER CONWAY 6 07 1999 by Uep u y i Sworn and subscribed to before me this 7 day of 19?? A.D. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Robert J. Hockley 87 Ball Park Drive Gardners, PA 17324 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-3205 CIVIL 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 _x Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010_ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE# CARLISLE] PA 17013 CUkt'! S R. Long Prothonotary To? Helen I. Hockley 87 Ball Park Drive Gardners, PA 17324 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-3205 CIVIL 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 Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terren t M ?'ab F?quire at ( iS? 7 0 loin 'MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY d/b/a BENEFICIAL MORTGAGE COURT OF COMMON PLEAS CO. OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY NUMBER 99-3205 CIVIL ASSESSMENT OF D Mna g ?D NTRY OF JUD M TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $44,224.72 Interest from 3/25/99-7/14/99 $ 1,A74.08 TOTAL $45,698.80 'ICA nAA,1 c b- M C LQ ? TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff AND NOW, this day of , 1999, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. Of Pennsylvania and against Defendant, Robert J. Hockley and Helen I. Hockley and damages are assessed in the amount of $45,698.80, plus interest and costs. BY THE PROTHONOTARY: C cn J MaCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY d/b/a BENEFICIAL MORTGAGE COURT OF COMMON PLEAS COMPANY OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY NUMBER 99-3205 CIVIL AFFIDAVIT OF NON-MT•TTARY g RVT4_ COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Robert J. Hockley and Helen I. Hockley, are over eighteen (18) years of age, and resides at 87 Ball Park Drive, Gardners, PA 17324. SWORN TO AND SUBSCRIBED BEFORE ME THIS 15" DAY OF S"(/ 1999. l9,? Cy- 2.. rn C Gdzg- TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff PTARY2::?PUBL-e NOIAFIMI SERI -? GIORIA D. tdlTr,H[LL. r+ofc-rv ruunc 1 Cary of PhJna•Ipnia, I'htl,. want, J A1?Cummias?cm E?n?!s Jw t,?, 2603 i i ._._ J! Ll I l.L ? u- Cll 3 MOCABE, WEISBERG• AND CONWAY* P.C. BY: TERRENCE J. MOCABE, ESQUIRE Idsntifiodtion Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-3205 CIVIL Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED TERRENCE on n w"J A . mCABEC 6ESQUI?U . c, RE BEFORE ME THIS 15" DAY Attorney for Plaintiff OF 711 , 1999. /0. OTARY PUBLIC - W . TAHIAI i";''I f GtORIA L) fAITCHI J raotsry r'u4oc 1 t City el ?Ivlannlptia, ? tn?;, ?qn,ry r -? M l,ommi5sk,n E\Dih.'S June?p( r c+? ?? u: ?- ?_? ? <r 1. ?I=1.:-? U. is _. LJ.. .IILJ tll. '-J ? `' C!; ; ( 1 ? The undersigned, TERRENCE J. MCCABE, 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. TM C--v- , m C LA D? TERRENCE J. MCCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Robert J. Hockley June 28, 1999 87 Ball Park Drive Gardners, PA 17324 BENEFICIAL CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY D/B/A BENEFICIAL COURT OF COMMON PLEAS MORTGAGE CO. OF PENNSYLVANIA V. ROBERT J. HOCKLEY NUMBER 99-3205 CIVIL HELEN I. HOCKLEY OTICE, RULE-23'7:5- _ NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have felled to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this. notice, a Judgment may be entered against you without e 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 Cumberland county Courthouse Carlisle, PA 17013 (717) 240.6200 Usted se encuentra an estado de rebeldta par no haler presentedo una eomparecencia escrita, ya see personalmente o par abogedo y par no haber radicado par escrito can este Tribunal - sus defenses u objeefones a Los reclamos formuulados en contra suyo. Al no tom+r Is action debfda dentro de diez (10) dies de is fecha de esta nottflcacton, el Tribunal podra, stn necesidad de comparecer usted an torte u air preuba alguns, dictar sentencia an su contra y usted podria perder bienes u otros derechos importantes. Debe Never este notiflcacion a un abogedo irviedtatamente. Si usted no Ilene abogado, o of no Ilene dinero sufictente pare tat servietoI vaya an persona o Name par telefono a is oficina, nombrada Para averiguar si puede conseguir asistencie legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240.6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire MCCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/gm (') c cli OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Helen I. Hockley 87 Ball Park Drive Gardners, PA 17324 June 28, 1999 BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA V. ROBERT J. HOCKLEY HELEN I. HOCKLEY CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-3205 CIVIL _,. NOTICE,- RULE 237.5 ._ .:, NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file In writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without e hearing and you my 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: NOTIFICACION IMPORTANTE Usted as encuentre an estado de rebeldis par no haber presentado una comparecencie escrlta, ya sea personalmente o par abogedo y par no haber radicado par escrito con este Tribunal sus defenses a objeciones a tos reclamos formutados an contra suyo. Al no tomar to action debids dentro de diez (10) digs do to feche de sets notification, at Tribunal podra, stn netesidad de comperecer usted an torte u air preube alguna, dicier sentencia en su contra y usted podrla perder blenes u otros derechos importantes. Dabs Never esta notification a un abogsdo inmadiatamtnte, sl usted no tiene abogado, o of no tiene dlnero suficiente pare tat servicio, veya an persona a Items par telefono a to oficine, nonbrads pare everiguar at puede eonseguir asistencie legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240.6200 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/gm T : .. cv C. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA V. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS ROBERT J. HOCKLEY and NUMBER: 9Q-•3205 HELEN I. HOCKLEY PRRAECIPE TO WITHDRAW JUDGMENT TO THE PROTHONOTARY: Kindly withdraw the Judgment entered in the above-captioned matter on July 21, 1999 without prejudice, as the Defendants filed for Chapter 13 Bankruptcy on May 24, 1999 and said Judgment was entered inadvertently. The copy of the docket entries for the said Bankruptcy are attached and marked as Exhibit "A". TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY, d/b/a BENEFICIAL MORTGAGE COURT OF COMMON PLEAS COMPANY OF PENNSYLVANIA V. ROBERT J. HOCKLEY and NUMBER: 99-3205 HELEN I. HOCKLEY I, Terrence J. McCabe, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Judgment, by United States Mail, first class, postage prepaid, on the 12th day of August, 1999, upon the following: James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 TERRENCE J. McCABE, ESQUIRE +---------------------------------------------------------Time OnL1ne. 0. 1,17+ IOFC-YR-DOCKET NO. IDRTE FILED ICHAPTER ITYPE OF CASE (BUSINESS? Yes I I I 1-99-02281 RJW 1 05/24/99 I 13 I Voluntary IRSSETS ? Yes (PAID? Yes I I------------------------------------------------••-----------------------------I (NAME AND ADDRESS OF DEBTOR INAME AND ADDRESS OF JOINT DEBTOR I 1HOCKLEY, ROBERT J. IHOCKLEY, HELEN I. 1 87 BALL PARK DRIVE 1 87 BALL PARK DRIVE I GARDNERS, PA 17324 I GARDNERS, PR 17324 I--------------------------------------+------------------------------------- IDEBTOR SSRN OR TAX ID (JOINT DEBTOR SSRN OR TAX ID I 1175-40-6533 1 187-30-0334 I------------------------------------- +--------------------------------••------I IRTTORNEY FOR DEBTOR 717-240-0296 ITRUSTEE ASSIGNED 717-566-6097 I I JAMES K. JONES I CHARLES J. DEHRRT III I 17 IRVINE ROW I P.O. BOX 410 I CARLISLE, PR 170133019 I HUMMELSTOWN. PR 17036 I--------------------------------------+---------------------------------------I 1341 MEETING, 07/08/99 @ 11.00 a.m. 50 ICONF HERRING. N/A 1 I ------------------------------------------------------------------------------ ICLAIMS DEADLINE. 10/06/99 (ORIGINALLY FILED, 05/24/99 IPLRN CONFIRM. 07/26/89 I (COMPLAINTS DATE, Not Set IORIGINRL CHAPTER. 13 IDRTE CLOSED, Pending I +-------------------------------------------- (A)dversaries, (D)ocket, (O)thers (aka/dba), (M)tgs/hr s, a(R)chive info (P)rint, (C)laims. Mailing (L)ist, (N)ext case, Pre(V)ious case, (q)uit EXHIBIT is I 106/17/991 1 3 ICERTIFICRTE 1 of service Re, Item # 2, [EOD 06/18/991 [KZJ 107/12/991 `f 1341 meeting , held, [EOD 07/12/991 (CA) 107/26/991 5 10RDER Confirming Plan [EOD 07/26/99 JC ] (] I -------------------------------------------------------------------------------- (N)ext I, pre(V)ious I, pg(U)p, pg(O)own (T)op, (B)ottom, (Q)uit EXHIBIT 1111,q m C" fJ `?•z cli H U L U ??