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HomeMy WebLinkAbout99-04970 17 _Q 2 n o Y .N r D? 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 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, Illinois 60126 V. Robert J. Hanks 44 Richard Ave. Shippensburg, PA 17257 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Attorney for Plaintiff Cumberland County Court of Common Pleas Number AVISO Le hen demandedo a usted en Is Corte. Si usted quiere defenderse de estas demandas ex-puestes er• lea paginas siguientes, usted tiene veinte (20) dies de plaza at partir de is fecha de Is demand, y Is notification. Hate falta asentar una comparencia escrita o en persona o can un abogado y entreger a is Corte en forme escrita sus defenses o sus objeciones a tam demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuer is demands an contra suya sin previo aviso o notification. Ademes, Is Corte puede decidir a favor del demandente y requiere que usted cumpla con todas tas provisions de esta demands. usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE 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 ASISTENC IA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 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 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, Illinois 60126 V. Robert J. Hanks 44 Richard Ave. Shippensburg, PA 17257 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Robert J. Hanks, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 44 Richard Ave., Shippensburg, PA 17257. 3. On March 25, 1998, mortgagor 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 1440, Page 984. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 44 Richard Ave. Shippensburg, PA 17257. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April, 1999 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. 6. The following amounts are due on the mortgage: Principal Balance $61,451.76 Interest March, 1999 through July $ 6,527.73 29, 1999 (Plus $20.19 per diem thereafter) Attorney's Fee $ 3,072.59 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search S 200.00 GRAND TOTAL $71,602.08 7. 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. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendant 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 Defendant in the sum of $71,602.08, together with interest at the rate of $20.19 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ? e1 T RENCE J. M B UZRE Attorney for AIDAntiff The undersigned, Richy L. Frank, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, Household Finance Consumer Discount Company, 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. RICHY L. FRANK 8-7d,G E 1,3?ti3 MORTGAGE rQ IF'490X IS CHECKED, THIS MORTOAOE IS AN OPEN-END MORTGAGE AND SECURES FUTURS ADVANCES THIS M(*TGAGB is made this 287H day of MARCH 19 98 between the Mortgagor, ROSERT J HANKS The following paragraph preceded by a checked box is applicahlt. Q WHMAS, Borrower is indebted to Lender in the principal sum of S 64.180 43 evedeaced by Borrower's Loan Repayment and Security Agreement or S«o art MAIMH 2e, 1998 and any extensions or trnewals thereof (herein "Note") gage am Ageemene Ted providing ter monWy installments ° Pa'm° P m fntstast, Induding acy adjturments to the amount of payments or the wnlraet me Lble, it that rate is vu with the balance at the indebtednees, it not sonnet paid, due and payade on fnARDN 25. 2028 WkIB7tBAS, Borroaor is indebted to Lender in rho prineipd sum of S , or se much thereof ay be edvanced?uesuaot to_Bottoaer'e Reyotv;;lg Loan. Agreement As _. and. estemtoni and tanswats thereof (herein "Nots'1, povidng for monthly ltutallmetw, an interest at a ms rata a under tM ter apeeitied In the Moto. including any adjwements in the inr4ett rate if that me is variable, and it 1imiL providing for a aud'atsted in the prfadpat cum above and an ioir3sl advance of S TO SECURE 10 Lender the repayment of (1) the indebtedness evidee ed by the Note, with interest thereon, including any irtoreues if the eontrxt nta is varlaMe; (2)!uture advances Under a4Y Rewlvitlg Loan Agreement; (3) the payment of all other svtne, with interest thereon, advanced in taordance hamwM to protect the security or this Mortgagr; and (4) the Pertain once of the movements and agreements of Borrower herein contained, Borrower do" hereby mertgige; grant and convey-to 9.ender and Lender's successors and Ogns the.following described property bested is the Couefy of. CUMBERLAND _. .. ': of perfielylvaei4i .. ... .:. ...... ...... Commonwealth ^AIJ. that martatx property' 31tsered lr the to'wn'sn lp of, Ship-' - - - paniburp In the ceunty'of"Cumberland and Comnonwee'Ith-of . P iirisylvenle, being mofs ful i'y described In a toe simple - dead. dated 1211611984 and recorded 1212811994•. among she land records of the County and state set forth above, In Volume Ile Pages 891. Tax Parcel ID: 3e-33-1887-042 .r y N :0 N A1 t? C E ? ca 4 4 ^• C ci N 1 on 07-21-97 MOnIsp M anogl440fad 394 IAD01241 4T/01 *d tLZT064ST2T6 01 8622. 519 0£5`.NI:1010+ IlCr id;, SdH 62. SS:ST EE•, E2 -rf -2 TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, alt 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." s 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. L NIPDRM COVENANTS. Borrower and Lander covenant and agree as follows: 1. Payment of Principe] and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The con:raut rate of Interest and Payment Amounts may be 3u6jeet to charge as provided in the Note. Borrowers shall promptly pay what, due all amounts required by the Note. 2, Funds for Taxes and Insurance. Subject to applicable law or waiver by Lendar, 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 (heroin 'Punds') equal to tans twdith of the yearly taxes and assessments (including condominium and planned welt development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus sae-twelfth of yearly pramium installments for hazard insurance, plus one-twolfth of fairly premium instalments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Linder on the basis of assaunents and bills and reasonable estimates thereof. Borrower shall not Ix 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 :rued! such holder is an institutional. lender..... ... . ...... :.. . It Borrower pop Funds to Lends, the Funds shell be held in en'iaetitution the deposits or amounts of which Am insufad or guaranteed by a Federal or sate agency (including Lender it Lender is such an institution). Lender shall apply the Funds to pay said taxes, aaressmems, 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 an the Funds and applicable law per. mits Lender to make such a charge. Borrower and Lander may agree in writing at the time of execution of this Mortgage that interest on the Punds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lander Abell 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 sea 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 dud dates, of taxes, Aessasmeott, losurtsee premiums and ground rents, shall exceed the amount required to pay.said taxes, asaessmoitts, inawanee premiums and'gtvund''tects as they fall. due, such excess shall be, at Botowere option, either promptly repaid to Borrower at, credited to Borrower on monthly installments of Funds. It the amount of the Funds held by Lender shell not bee eufficiant to pay uxa; assessments, Insuraere premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the dsficlency in one or mom payments as Lender may requim Upon payment In full of all some accu ad by this Mortgage, Leader shall promptly refund to Borrower any funds held by Lender. It under paragraph 1' hereof the Property is sold or the Property is otherwise acquired by Lender, Lender ahsil apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lander 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 sod-2fiertof'shall to applied by Lander first in payment of amounts payable to Lender by Borrower under paragraph 2 heeed, then to interest, and then to the principal, 4. Prior Mortgages and Decd of Trust; Charges, Liens. Borrower shall perform all of Borrower's obligations under any mortgage, dead 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 of ground resets, j! any. S, Hazard Insurance. Borrower shill keep the improvements now existing or ho:atter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage: and such other hazards as Lander may require. Theinsurance carrier providing the,insuranec shall be chosen by the Borrower subject to approval by leader; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a dorm acneptable to Leader and shall include a standard mortgage clews in favor of and in a form acceptable to Lender. Lander shall have the right to hold the policies and renewals therm(, subject to the terms of any mortgage, dad of trust or other s ccrity agreement with A lien which has priority ova this Mortgage. b r';'? •1 FASe1242 07-21-91 Mortgage PA .... Y yip ?ggp?gp?gggyg?p's ?pq??g g asicinat IglgklN?fgl?GlwI1?M1AN19®IHEIIIWIIIA?61111NW?A • VD41i1440PACE .985 Llili'd bLETOELSS2TE 01 E6U 919 0£SENI:Iri• BS I I_v lei}°_dF+ Nn SE :ST 66, FP "rlr In the event of lose, Borrower shall give prompt notice to the insurance cmier and Lender. Lender ma of lose if not made promptly by Borrower. Y make proof If the Property is Abandoned by Borroweror if Borrower fails to respond to Larder within 30 days from the, data notice is mailed by Lender to Borrower that tile insurance carrier offers to settle, a claim for insurance benefits. Lender is authorized ter eolfen and apply the: insurance proceeds at Lender's option either to restoration nr repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit. Developments. Borrower'shill keep the Property in good repair and shall not commit waste or portrait impairment or deterioration of the Property and shall comply with the pros isions of any lane. 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 Borrow•e's obligations. under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and rogulatiom of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances. disburse such sums, Including reasonable, attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall beoome additional indebtedness of Borrower secured by this Mortgage, Unless Borrower and Lender agree to other terms of payment. such amounts shalt be payable upon notice from Lender to Borrower requesting payment thamt. Nothing contained in this paragraph 7 shalt repairs Lender to incur any expense or take any action hereunder. S. Inspection. Lends may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notion prior to any such inspection specifying reasonable cause therefor related to Landees interest in the Property-. 9. Condemnation. The proceeds of any Award or claim for damages, direct or eoneequentlal, in connection with any coademnatiea or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby Assigned and shell 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. I0.-Borrower Not Released; Forbearance By Leader Not a Waiver. Extention of the time for payment or modification of amortization. of the sums socured by, thin Mortgage granted by Lander to any successor in interest of Borrower shall-;notoperatd'to release, in any•manner, the liability of the original Borrower end;Bo^rower's sticceasors "in•inan. i Lender.") not be•required.to commence proceedings againsseuch successor or refuse to ace' id time for paymennoe Otherwise rno'dify amortization'of the sums. secured by this Mortgage by reason of Any demand made by the original Borrower and'Borrowees successors in- interest. Any, forbwarice. by Lender, in exercisieg any.right or remedy'henridder,''or otherwise afforded by applicable law, shall not be a waiver of or preclude the exertix of aey such right or remedy. It. Successors and Assigns Bound; Joint and Sevens Liability; Cc-signers. The covenants and agreements hercib contained shall land, and the rights hemundcr shall inure to, the respective successors And Assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereot. 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 cosigning this Mortgage only to mortgage, pant and convey that Borrowers interest in the Property to Lender under the terms of this Mortgage, '(b) is not personally liable On the Note or under this Mortgage, and (e) agrees that Lender and any other Boriowa" ber,inWer,&' Ay agree to'. avtend, modify, forbear,-or make any-other. Accommodations. with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for env 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 mall addressed to Borrower at the Property Address or At such other address as Borrower may designate by notice to Lender is provided herein, and (b) any notice to Lender stall 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 hove been given to Borrower or Lender when given in the manner designated herein. 13. CoverrLing.Law* Severability, The elate and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is Located. The foregoing senior= shall nor limit the applicability of Pederal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Vote conflicts with applicable law; such conflict shall not affect other..provitions of this Mortgage or the Note which can'be given effect without'lhe conflicting provision, and to this end the provisions of this Mortgage And the. Note are declared to be saveable. As used herein, coats," 'expenses" and "sttomeys' fees" include all seems zo the extent not prohibited by app!imble law or limited berate, 44 ?o 16. HortowGitstCd rrotver ;hall to fumiahed a conformed copy of the Note and of this Mortgage at the time of execution or after rewrdation hereon. g00Nief QU?ACE..9? 07•21-97 Atwtaeae PA aI11eIN4 PA001213 LTi2f'c OL2t06L9T2T6 Of .?Ra. •=tc G?cr;l.;r^,Invoq Iri t?7-c.,N >•? )C-CT ass. as -nr EMISSIONS .? .4- 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations undo 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 servir s.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 tralssrer by devise, descent, or by operation of later 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 (1) any other transfer or disposition described in regulations prescribed by the Federal !tome Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as it a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender felt= Borrower in writing. It Larder does not agree to such sale or transfer. Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordanco with paragraph 12.heof, Such notice shall pnrvide.a.period of not less thin.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. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies, Except As provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due say sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breath; (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 care 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 otter Acceleration and the right. to oasert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding, Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including; but not limited to, reasonable attorneys' tees and costs of documentary evidence, abstracts and title reports. 18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrowers breach, Borrower shall have the right to have any proceedings begun by Lander 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 aectued by, this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the.oblig9tiotss d5curk. hereby shall remain in full force and effect as it no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, BoSQ.wer hefgby aagjq&_' to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under 0#* 17 herad[t:rt abandonment of the Property, have the right to collect and retain such rents As they become due Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall bf'i ti p; a receiver appointed by a court to enter upon, take possession of and manage the Property and to eollecthe 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 receivers 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, 07-21-97 M4rt9ege PA 9091(1440nx 4987 PA001244 aaicirut.? ,..: t IN NNIN1111ON oil 1101111111I 1.Ti£T'd 4LZT06LSTZT6 of e6£L 9T9 0£99NIDIn63S IID/Id3-SdH add £p:ST 66, 62 -lflr 86£L 9T9 029 > -S 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without.charge to Borrower. Borrower shall pay all costa of recordation, it 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 . Notwor in -an action of mortgage foreclosure shall be the rate stated in the Note: . REQUEST FOR NOTICE OFDEPAULT 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 Lenders address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. ldmk 9 461- ROBERT J ANKS -Borrower -Borrower I botchy certify that the praise address of the Lender (Mortgagee) is; HOUSEHOLD FINANCE P.OBERT' J HANKS On;b"f of the Lender. By. MATT HERMAN'. Title;- BRANCH- MANArFR QOK'qONW£ALtIiOF'PENNSYLVANIA, CQNAERLAND, County .= I,: CH A BRTL ES` W F R I T2 • II , a Notary Public to and fur;said county and state, do,hereby certi O ry fy that pereoodly known to me to be the same person(s) whose name(s) i s subscribed to the foregoing instrument, appeared before me this day a rson, and acknowledge that f; signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand sad official std, this 25th day of MARCH ` 19 98, MyComrttission expir= otar ?ilic Notary seat This instrument was prepared by: Charles %"f Ff'!z A Notnf:, ? ..HOUSEHOLD fl E?RAMON PA.CommiL:.....: iDeeda 25 Gateway D&S. S Comtniasion ExPitea 09/17/01 ufte 107 Mec!'iaflitsht rg PA. 17055 07-21-21 MV69119c PA (Space Below This Line Rwerrod 00-Lender and Recorder) Return To: ' Household Finance Corporation . 577 Lamont Road sooK1440rAce J988 Elmhurst, IL 60126 ' PAa01to5 caalrva fq???I?I??NBBg6???IN?19?B???l??? l.TibT•H PL2T06L91ZT6 01 86£L 9T9 OC90NID1083S II0/Id0-SJH 8A VP:ST 66, 62 inf state of Pennsylvania County of Cumberland) 86 Rec •ded i t e office for the recording of Deeds e and iberland County i so .V e wit s yhan'8 Soto. i Carl , P deY ecordd LT/ST'd VLaT06LSTZT6 l]1 e6£L 9T9 0£90NIDIA83S 110/]dO-SdH ad PP:ST 66, 62 inn Loin w••Nforr iro.YV.m •oaswwf Il.f. I w fi CYO1i0a NCM'fli 'I;a• •oW1 N 41LfLrp ICMWC.IYMIVWMI 411Nr YWL11.1111 10V WMWI.tuc 1L 11.N LM.OfY?{f IWIN'Y.p••Yuf9 b•M 111L l?fm4NIN wn.. .Nnr1 m INLNNp Y N4W10 Nl a?IN11K./C N II/N ... Cl.14 N L 11Mlff N141CI .?444 L.1111 L(LII/O /I Irf W., t '. t4VIIn NNtVl1.?r.?N. f L.fy. f f RIII.?L?r.f NYV V...wNN4+1•rN• rlt MW.wr.+wlf.?rti.r+. wl., NNf11r71rrlr f.ll IIWr FIW'Yw' ?r •WN' Yr\ ILNNwy.rrrl? N.11f.ff W nW W r1 •l.wiM W. MyMw W InW Iw?.Ir WI.MY. 1WTICGiatl fVL1AW WOlAGL fD\'(•1NI.OORtONFL lON1.•R Tl1fC mu"41 & wnm --- ?rd?h???wena LTi9T'd 7L2T06LST2T6 01 86£L 9T9 0£99NIOIA83S IIO/IdO-SdH Nd 4D:ST 661 62 inf ** LT'301Jd 11J101 ** LOAN nidPAYMENT AND SECURITY AGREEMENT'(Page 2 of 2) PAYMENT. In return for your loan described below, you shall pay us the Amount Financed including the Fee (all shown on page one) plus Interest, in monthly peymeots, including any final Balloon Payment, as stated on page one. You may pay more at any time. You will pay at our business address or other address given you. It more then one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a combined amount greater than the amount owed. Each payment will be first applied to Finance Charges at the Contract Rate shown an page one for the actual time unpaid and the remainder to your unpaid Principal. For purposes of computing Pinanee Charges, a month shall be considered any period of 30 consecutive days. DATE ON WHICH FINANCE CHARGE BEGINS. If you do not cancel this loan according to your 'Notice of Right to Rescind," the date on which Finance Charge begins, payment date, and effective date of optional insurance purchased in connection. with this loan ore postponed by the number of days from this Agreement's date to date you receive this loan. PAYOUTS. You agree to pay-outs of Amount Finns d as shown on the Truth In Lending disclosure form- If pay-outs change because loan closing to delayed, (a) you will pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional pay-outa. PREPAYMENT. You may prepay any or all of your loan at any time. If you fully pay before the final payment dole date, the amount you owe will be reduced by unearned credit insurance charges. PREPAYMENT PENALTY. If you prepay the entire ouistanding balance of your account at any time within five (S) years of the contract date, and your account is cancelled (including a release of the Deed of Trust on your real estate), you agree to pay a prepayment penalty equal to not more than 6 months advance daily Interest (computed at the Contract Rate shown on page one) on the unpaid balance as of the pay off date. No prepayment penalty will be imposed: (a) at the Time this.loon is refinanced by another loan with os (b) for prepayment by proceeds of any credit inaurance or accleration after default; or (c) after live years from the contract data BAD CHECK CHARGE. We will charge you a handling fee of S20 it any payment check is returned because you had no account or for Insufficient funds. DEFAULT. Subject to applicable law and the mortgage on your real estate securing this loan, it you don't pay on time or fail to keep required insurance in force, or if you sell or transfer all or any part of that real estate or any interest therein without our consent. all your payments may become due at once. We will notify you of your right to correct such default before we enforce the real estate mortgage. We may out you for the total amount you owe, and you will also pay our reasonable attorney feet (if the attorney Is not our salaried employee), court casts, and tees incurred to collect this loan. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit Information concerning you from other, such as stores, other lenders, and credit reporting agencies. You authorize us to there any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine it you quality for additional offers of credit. You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between has and you) by sending a written request which containi your full name, Social Security Number and Address to na at P.o. Bar 8602, Elmhurst, IL 60126. It you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your states equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. YOU HAVE RECEIVED A COMPLETED COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. E ?2 (SEAL) (SEAL) (SEAL) W /ST tMtpa(mK 550.0?n1 PA065422 LT/LT'd VL2T06L9TZTG 01 e6£L 9T9 0£90NIOIf83S I10/IdJ-SdH 6.d 90:ST 66, 6Z inr TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET W ESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858-7080 (215) 790.1010 FAX (609) 858.7020 FAX (215) 790-1274 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212)697.0011 FAX (212) 953.0986 June 24, 1999 Robert Hanks Sr. 44 Richard Ave. Shippensburg, PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'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 EXHIBIT "B" "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. 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 Hanks Sr. FROM: Terrence J. McCabe, Esquire RE: Premises: 44 Richard Ave. Shippensburg, PA 17257 Account Number: 713303-00-9654605 You may be eligible for fin nrial assistance that v l prevent foreclosure on your mortgage if you comply with the 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. Please read all of thiLNDlice, It contains an xplanation of your¢hts_ 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. This meeting must occur in the next (30) 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 Household Finance Corporation representative is as follows: Margaret Smith Household Finance Corporation P.O. Box 4153 Carol Stream, IL 60197-4153 1-800-609-4278, 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 mortyage is in default because you have failed to pay promptly installments ofpgngjpal and interest. as required, for a Period of at least sixty (60) days. The total amount of the delinquency is $1331.70. That sum includes the following: principal and interest. Your mortgage is also in default for the following reasons: N/A. 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 application must be filed or poctm rk d thin thirty (3AU ys of your face-to-face m in It is extremely important that you frle your application promptly. Ifyou do not do so, or i, fyou 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. It is extremely importAnt that your apolicarI' ate and cmmpr On is art ,r ]?My, respect, ? 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 Box 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. Very truly yours, TERRENCE J. McCABE TWddp TERRENCE1.McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, N100108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858-7080 (215) 790.1010 FAX (609) 858.7020 FAX (215) 790.1274 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953.0986 June 24, 1999 Robert Hanks Sr. 44 Richard Ave. Shippensburg, PA 17257 LENDER: Household Finance Corporation ACCOUNT NUMBER: 713303-00-9654605 PEAL ESTATE: 44 Richard Ave. Shippensburg, PA 17257 Dear Robert Hanks Sr.: The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on your property located at 44 Richard Ave. Shippensburg, PA 17257 IS IN SERIOUS DEFAULT because you have not made the monthly payments of approximately $665.85 for the months of April 1999 through May 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 $1331.70. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1331.70 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 Household Finance Corporation P.O. Box 4153 Carol Stream, IL 60197-4153 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 Sheriffs 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 Sheriffs 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: 1-800-609-4278,,. 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 Sheriffs 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 Sheriffs 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 maybe 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, -- -Yam TERRENCEJ.Mc BE TJM/ddp SENT VIA CERTIFIED MAIL NUMBER Z 345 686 974 RETURN RECEIPT REQUESTED m 'E SENDER: I also wish receive the follow. O COMMON nem$ t andlor w 2 for stldlllorrel eervlces. , Certmkte name 3, ad 4b. an Ing eervICB9 (for an extra fee): ): d a eme and o u r ddnee an IM memo of tme roan oa that we can return this 0 card ' t y o u o Aileen ten term to the from of the mellplece, or en the back If space does not t' 0 Addressee's Address m $ Permit. o Wdb'Return Receipt Ragoeefed'on the mailpiece below the emcle number. 2. ? Restricted Delivery O The Return Receipt WIII show to whom the anltle Was delivered and IM data delivered. j 3. Article Addressed to: nl Sr. RQ ? i - Han // ( 4a. Article Numberr $ "" 413. Service Type ? Registered •0erufied lC.. ? Express Mall ? Insured Express Mall Insured LY if'(?' lA rI bu,Y?'?7 17257 Sl ? / ?Relum Receipt for Merchandise 0 COD ' Y 7W ? 7. Date of Delivery 5. ecelved :(Pdnt Name \ S. Addressee's Address (Only /frequesfed and y 1 lee Is paid) c .Sig tur A dres a gent) a m PS Form 3811, ember 1894 102595-M-0223 Domestic Return Receipt ¢ E e 0 T a t= S ?a? ¢ o 8i m a ja - ¢ U inn fill L ? 22 ¢3?. a ?M ?k u. p ?® m y? d ! A&L d {J ? I N p N? ag o d; QY R Lx. LLYO i4 o ^?. Wa yy w 41 /?, ( av! I 41, a ° i a P! N a 'a I N t0 N co 0 Z ? N f7 of ?n '? 0 ` CL. ?y \ 'k cro SHERIFF'S RETURN - REGULAR CASE NO: 1999-04970 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS. HANKS ROBERT J 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 HANKS ROBERT J the defendant, at 9:54 HOURS, on the 26th day of August 1999 at 44 RICHARD AVENUE SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to ROBERT HANKS a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and subscribed to before me this ZL t'= day of 19 Q A.D. So answers: 18.00 13.02 1 .00 8.00 $ ". ?I omas ine, 5 eri L X08%26E19WEISBERG 0 Y by pu y eri ro o Y 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER °T-^-. p CV 94-?/97U ASSESSMENT OF DAMAGES AND ENTRY OF n GM Mm TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $71,602.08 Interest(7/29/99-10/12/99) S 1.514.25 TOTAL $73,116.33 TERRENCE cCABE, ESQUIRE Attorney for Plaintiff AND NOW, this / day of We'? , 1999, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company, and against Defendant, Robert J. Hanks, and damages are assessed in the amount of $73,116.33, plus interest and costs. BY THE PROTHONOTARY: J 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4910 CV AFFIDAVIT OF NON-MILIITLRV SERVInn COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is 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 Defendant, Robert J. Hanks, is over eighteen (18) years of age, and resides at 44 Richard Avenue, Shippenburg, PA 17257. SWORN TO AND SUBSCRIBED BEFORE ME THIS /%A4-"' DAY OF OL4424'?-' 1999. TERRENCE . McCABE, ESQUIRE Attorney for Plaintiff NQMIRY PX393LIC ??- 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 Household Finance Consumer Discount Company V. Robert J. Hanks Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4910 CV Terrence J. McCabe, Esquire, attorney for Plaintiff, Household Finance Consumer Discount Company, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant, Robert J. Hanks, that judgment would be entered against him 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 BEFORE ME THIS DAY OF 1999. TERRENCE MCCABE, ESQUIRE Attorney for Plaintiff NOTARY PUDIC 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. T - L TERRENCE J'. MCCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary September 27, 1999 To: Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 HOUSEHOLD FINANCE CONSUMER DISCOUNY COMPANY V. ROBERT J. HANKS CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4970 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may Lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Usted se encuentra an estedo de rebeLdie por no haber presentedo una comparecencia escrita, ya sea personatmente o por abogado y por no haber radicado por escrito con este Tribunal sus defenses u objeciones a loo reclamos formulados an contra suyc. Al no tomar to accion debida dentro de diez (10) dias de to fecha de esta notification, at Tribunal padre, sin necesidad de comparecer usted an corte u oir preuba alguna, dictar sentencie an su contra y usted podria perder bienes u otros derechos importantes. Dabs Llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente pare tat servicio, vaya an persona o items por telefono a to of(cina, nombroda pare averiguar si puede conseguir asistencia 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, S ii t Philadelphia, PQp 9 at this telephone n r 2 ) 790-1010 TJM/gm ego OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Robert J. Hanks 44 Richard Avenue Shippenburg, PA 17257 Household Finance Consumer Discount Company V. Robert J. Hanks NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4910 CV 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) 7 0-1010 1 O >_ ,:- __ ,?; ?,. .. ?! ?__ ? ? ;?;'' ?? ? ?, _ ?- ? O1o ?; ?. `? ?.? :, - ,:, ?? ?, ?T Imo'" IN THE COURT OF CZM= PIEAS OF aMBERLAtm COUNTY, PENNSYLVANIA CVIL DIVISION HOUSEHOLD FINANCE CONSUMER File No. 99-4910 CV DISCOUNT COMPANY : Amount Due $73,116.33 V. Interest from 10/13/99 Atty's Corm ROBERT J. HANKS TO THE PROTHONOTARY OF THE SAID COURT: Cost The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 44 Richard Avenue Shippenburg, PA 17257 (See attached description). PRAECIPE FOR ATTACHKE W E7Q•7CV1'ION Issue writ of attachment to the Sheriff of N/p County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 1/12/00 Signature: . 1 Mr 1 i' o Print Name: Terrence J. McCabe Esquire Address: 123 S. Broad St., Suite 2080 Phila., PA 19109 Attorney for: plaintiff Telephone: (215) 790-1010 Supreme Court ID No.: 16496 Notes. If real property, supply six copies of description including irrprovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. rru `-(_• W (din cn LEGAL DESCRIPTION: All that certain lot of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 Improvements consist of a single family dwelling. I 8 ?? UPC? Y I 1 CT* [i ( _ 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV AEEIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 Richard Avenue, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of owner(s) or Reputed Owner(s): Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name None. Name Address Occupant(s) 44 Richard Avenue Shippensburg, PA 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE T RRRENCE J.!McCABE, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION: All that certain lot of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 Improvements consist of a 'single family dwelling. 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV V I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 13th day of January, 2000, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS /31`°IDAY OF Jan , 2000. ARY PUBLIC NOTARIid S[Al [GLCORIA D MITCHELL. Notar/ Public y ot.Philadelphia, Phda CounW ommi.S-n. r,,•?.: ,,,.. J -?? - - TERRE CJ. CA E, ESQUIRE 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 Richard Avenue, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit °A.° 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 ` ? IT ba %x 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 44 Richard Avenue Shippensburg, PA 17257 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE RR ENCE J. McCABE, SQUIRE Attorney for Plaintiff LEGAL DESCRIPT16N: All that certain lot of ground situate in Shippensburg' Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 Improvements consist of a 'single family dwelling. EXHIBIT .A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCASE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Robert J. Hanks DATE: January 13, 2000 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4970 CV TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Robert J. Hanks PROPERTY: 44 Richard Avenue, Shippensburg, PA 17257 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may have an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" d .1 f m Lo c u?0 M c>?-, :r. `-fie>= LL .?- li :.1'J Q? • ? : iiJ L_-' c? :Llll 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 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 Your house (real estate) at 44 Richard Avenue, Shippensburg, PA 17257 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $73,116.33 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STTI,I, BE ABL TO AV YO TR PRO EnTY AND YOU HAVE OTH R RIGHTS EVEN IF THE SHERIFF' A DO TAKE P1-A9Z 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. I LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION: All that certain lot of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 Improvements consist of a single family dwelling. u .:? C.D ?.c . X ]L. I V rl ?.? J C7 U Household Finance Consumer Discount Company -vs- Robert J. Hanks In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-4970 Civil R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Out of County Franklin County Law Journal Patriot News Share of Bills 30.00 14.52 15.00 15.00 .50 1.00 26.04 7.92 15.00 20.00 20.00 9.00 50.56 265.40 225.56 24.80 $740.30 Pd by Atty 5/24/00 Sworn and subscribed to before me This 1E-day of 2000, A.D. Qom. A*5- r thonotary R. Thomas Kline, Sheriff BY Real Estate Deputy 1'S? cte...?8?59 ? 9GYGy" 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 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV AFFIDAVIT PURSUANT TO R F 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 44 Richard Avenue, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Name Address Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None. Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 44 Richard Avenue Shippensburg, PA 17257 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /a -cx) 2A, 07-te t , Im- .61 DATE TERRFNCE J. MCCABE, SQUIRE Attorney for Plaintiff LEM DESCRIPTI6xi All that certain lot of ground situate in Shippeneburg Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 ' Improvements consist of a `single family dwelling. EXHIBIT .A" =7. -0 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 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer CUMBERLAND COUNTY Discount Company COURT OF COMMON PLEAS V. Robert J. Hanks NUMBER 99-4970 CV NOTICE OF SHERIFF'S SALE OF yr PROPERTY TO: Robert J. Hanks 44 Richard Avenue Shippensburg, PA 17257 Your house (real estate) at 44 Richard Avenue, Shippensburg, PA 17257 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $73,116.33 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY 88 ABLE TO PRSi'D?^^ Tsrrc curr gg ? c cnT n To prevent this Sheriff's Sale you must take jmm dint a ion: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO AVM' YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S S LE DO TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION: All that certain lot of ground situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows; Beginning at a point on the northern side of Richard Avenue, which point is corner of property of Roy S. Zullinger and Dorothy M. Zullinger, his wife; thence northwardly a long lands of the said Zullinger and through the center of the partition well built between the house on the lot hereby being conveyed and the house on the lot of said Zullinger, a distance of one hundred twenty-five (125) feet to the southern side of an alley; thence eastwardly along said alley a distance of twenty (20) feet to a point in line of lands now or formerly of Lyle Chronister; thence along lands of the said Chronister, southwardly a distance of one hundred twenty-five (125) feet to a point in the northern line of said Richard Avenue; thence westwardly along the northern line of said Richard Avenue, a distance of twenty (20) feet to a point, the place of Beginning, and being improved with the eastern one-half of a double frame dwelling house and other improvements, known as No. 44 Richard Avenue. Tax Parcel No.: 36-33-1867-042 Improvements consist of a `single family dwelling. Jus ZO 3 46 N TO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4970 CIVIL fv9Y Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, Interest and costs due Household Finance Consumer Discounty Company from Robert J. Hanks, 44 Richard Avenue, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant(s) and to sell See legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 propertyof the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due Interest from 10/13/99 Atty's Comm -% Arty Paid $111.02 Plaintiff Paid Date: January 19, 2000 REQUESTING PARTY: Name Terrence J. McCabe, Esq. L.L. $.50 Due Prothy S1.00 Other Costs /s/ Curtis R. Long Prothonotary, Civil Division by: 4a0 Deputy Address: 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 _ Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 REAL TA' ' Un qa-% ? J/- A," the sheriff levied upon the defendants Interest in the real property situated In Cumberland County, Pa., known and numbered as: &9 and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Hate. ?/ ooI i!,i of c O7 mr J