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HomeMy WebLinkAbout07-3532McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Attorneys for Plaintiff Cumberland County Court of Common Pleas Company 961 Weigel Drive Elmhurst, IL 60126 V. William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 and Number 0l - Kathy Rae Malloy 20 Garden Drive Carlisle, 17013-1210 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas denarxlas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus cbjeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notification. Adenas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Company 961 Weigel Drive Elmhurst, IL 60126 V. William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 and Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 67 - 3S3.2, Kathy Rae Malloy 20 Garden Drive Carlisle, 17013-1210 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is William A. Malloy, Sr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 20 Garden Drive, Carlisle, PA 17013-1210. 3. The Defendant is Kathy Rae Malloy, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 20 Garden Drive, Carlisle, 17013-1210. 4. On 11/22/2002, 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 1783, Page 4924. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 108 Longs Gap Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/27/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. 8. The following amounts are due on the mortgage: Principal Balance Interest 03/27/2006 through 04/24/2007 (Plus $ 15.01 per diem thereafter) Attorney's Fee Corporate Advances Title Search $ 56,864.81 $ 12,294.11 $ 2,843.24 $ 20.00 $ 200.00 GRAND TOTAL $ 72,222.16 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 Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $72,222.16, together with interest at the rate of $15.01 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned, does hereby certifies that they are the Attorney for the Plaintiff in the within action, that they are familiar with the matters set forth in the within action, that they are authorized to make this verification and that the foregoing facts are true and correct to the best of their knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE EXHIBIT "A" :, ROBERT P.. ZIEGLEP ,:_G'0RDER OF DEEDS AMIOt3? ?LERLAND COUNTY-,',- 02 DEC `6 711715 MORTGAGE ' QZ fdOU .2S Aft 11 .22 a IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 22ND of NOVEMBER 2002 , between the Mortgagor, WILLIAM A. MALLOY, SR. AND KATHY RAE MALLOY, HUSBAND AND WIFE BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a corporation organized an existing under the -laws-of PENNSYLVANIA , whose address is 419 STONEHEDGE DR I VE, SU I TE 2, C (herein "Lender a The following paragraph preceded by a checked box is,applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of .$ 58,905.82 evidenced by Borrower's Loan Repayment and Security Agreement or Sewn ry ortgage an Agreement dated NOVEMBER 22, 2002 and any extensions or renewals thereof (herein "Note"), providing for monthly lnstallments.o principal and interest,. including any adjustments to the amount of payments or the contract,rate if that rate is yariable, with the balance of the indebtedness, if not sooner paid, due and, payable one -NOVEMBER 22, .2032 ; , ;• F WHEREAS, Borrower is. indebted to Lender in'the principal sum of $ or so much thereof as may be advanced pursuant. to Borrower's Revolving angreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and tnterest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is. variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan. Agreement; (3) the payment of all other sums, with interest thereon, advanced in ;;-- accordance-herewith-to-protect-the•security of'thieMortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF NORTH MIDDLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE.FULLY DESCRIBED IN A DEED DATED 12/28/2001 AND RECORDED 08/06/2002, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE; IN DEED'VOLUME 253 AND XAGE 172 AND. TAX MAP OR PARCEL. ID NO'.: 29-18-1371-013 04-29-02 *178007920985MTG7090PA0012B10*KMALLOY * ORIGINAL PA0012B1 UK 17 8'3 PG 4 9.2 4 1. TOGETHER' with all the i-2- ' ! Improvements •r ` now or hereafter erected on' the property, arid' all easements, rights, appurtenances and rents, all of which shall. be deemed to be and remain a part of the Property covered by this Mortgage; and all of the forego leasehold estate if this M ing, together with said property (or' the z1 Mortgage is on a leasehold) are hereinafter referred to as the "Property." 11 Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right ; to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal .and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to nge asas provided in this Note: Borrowers shall promptly required by the Note. Pay when due all amounts 2. Funds for Taxes and Insurance. Subject to applicable law and only if requested in writing by Lender, Borrower shall pay to Lender on the day monthly payments of princa under the Note, until the Note is paid in full, a sum (herein "Funds" equal tol and interest are the yearly taxes and assessments (including condominium and planned unit developnient eassessfinenots, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time ; by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such •• 'i to the holder of a payments of Funds to Lender to the extent that Borrower makes such payments prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the of which are insured or guaranteed by a Federal or state a enc deposits or accounts institution). Lender shall apply the Funds to pay said taxes, g y (including Lender if Lender-is such an , ground rents. Lender may not charge for so holding and applying Funds, analyz ng skald arc count or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for _ each debit to the Funds was made. The Funds are pledged as additional security for the sums secured bh - this Morigage. ----- y If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and due, such excess shall be, at Borrower's option, either ground rents as they fall Borrower on monthly installments of Funds. If the amount promptly of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower ` shall pay to Lender any amount necessary to make up the deficiency in one or more may require. Payments as Lender Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 04-19-02 MTG. II ® ® fllll?l¦?®??????????????®?? PA00I282 "178007920985MTG7000PA0012B20NNWLLOY " ORIGINAL NAL BKI783PG4925 -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to .the sale of the Property or its acquisition by Lender,, any Funds held by Lender at the time. of application as .a credit against, the sums secured by this Mortgage. ' 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in.payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over, this Mortgage, and leasehold payments or ground rents, if any. ; 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such. approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. ' In the event of loss,-Borrower shall' give prompt notice to the insurance carrier'and Lender: Lender may make proof of loss if not made promptly by Borrower. , If the Property is -abandoned by Borrower, or if- Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or-to the sums secured by this Mortgage. 6. Preservation and.Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions.of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security: If Borrower fails to perform_the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness'of Borrower secured by this Mortgage. Unless Borrower and Lender, agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense of take any action hereunder. 04-29-02 W1TG ; PA001293 I®??gMU01??I?I??BII111I?III?I??I????????IUN?®??IIpIU?? - .- . *178007920985MTG7000PA0012830%)1ALLOY x ORIGINAL ` ; BK;I- 783P64 926 =4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender 'shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priori ty over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against sucli successor or i?iffs- to`extend-time for payment-or otherwise.modify amortization: of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or,?remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without ; that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property, t 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by. certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall begiven by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which-the-Property is-located.-The foregoing; sentence-shall -not limit the-applicability of-- Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include al l sums to the extent not prohibited by applicable law or limited herein. I 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in .a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against y S84!29-02 hiNTG?Il??j??p,®i ?made tothePropert . . lM IIUI 11MIN 11N1111111 011 PA 11, 1294 "178007920985MT07000PA0012B40"'WLLOY ORIGINAL BK i 783PG4927 -5- 16.. Transfer of the Property. J f Borrower sells or transfers ell or any part of the -Property or an interest therein, excluding (a) the creation of a lien or encumbrance' subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any. leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank.Board, Borrower., shall cause to be submitted- information, required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date'the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree,as follows: 17. Acceleration; Remedies. Except as provided,in paragraph 16 hereof, upon. Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this ;Mortgage, Lender prior to. acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action. required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date __-, .-.specified.in the notice, Lender,.at Lender.?s option,_may_,declare all of-the sums secured by. this Morigage to`be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs •bf documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage.due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 04-29-02 MTG PAD01285 1111111011111011111 1aiuii1H11®r® 111111 x178007920SOtMTG70OOPA0012B50"-kOALLOY ¦ .ORIGINAL . .. B.K f 783PG4928 t -6- agreements of Borrower contained in--this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender ' hi enforcing -the `covenants' and agreements of Borrower contained 'in flue Mortgage, and in enforcing Lender's remedies as provided 'in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents is they become due and payable: •_ Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage-the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. - -21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the. Property under state-or Federal-law - 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a " judgment is- entered on the Note or in an action of mortgage' foreclosure shall be the rate stated in the'Note 23. Arbitration Rider to Note. The Arbitration Rider attached to and made'a part of *the Note is hereby incorporated by reference and made a part of this Mortgage. 04-28-02 MTG III ?I?ItM????I?I??® NI?I??II II,®,?II?III PAGO1296 M178007920985MTG7000PA0012860MOWLLOY * ORIGINAL BK 1783PG4929 f i it fI ?I ij f? ' J -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR _ MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any We or other foreclosure action. _ WILLIAM A M,? pAALLOY SR orrower . '7.1rOt1L /? ?1DcD KATHY MALLOY -B ower On behalf of the Lender. I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DRIVE SUITE 2, CARLISLE, PA. 17013 COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE Title: SR A. E. CUMBERLAND County ss: I, CURTIS A WERNER a Notary Public in and for said county and state, do hereby certify that WILLIAM A MALLOY SR' AND 'KATHY RAE MALLOY - personal y _ known to me to the same persons whose names ARE subscribed' tot e foregoing instrument, appeared before me this'day in peison; and acknow edge that T he-y signed and delivered the said instrument as THEIR free voluntary act, forme uses and purposes therein set forth. Given under my hand and official seal, this 22ND day of NOVEMBER , 2C02 My Commission expires: NOTARIAL SEAL Curtis A. Werner, Notary Public Notary Public South Middleton Twp., County of Cumberland CURTIS A WERNER ,My.,CoMmission Expires Sept. 7, 2004 -? -- _ -?, - This instrument was prepared by: _ NANCY J DIT?F. s (Name) 419 STONEHEDGE DRIVE SUITE 2 CARLISLE. PA. 17013 r? (Address) (Space Below This Line Reserved For Lender and Recorder) Return To: • Records Processing Services 04-29-02 MTG 577 Lamont Road PA001267 Elmhurst, IL 601 kto cof?nt? PA x178007920985MT07000PA0012870*'1MLLOY s ORIGINAL' y f BK i 783PG4930 Recorder of Deeds w ? C-f O t _ 411 ?? ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03532 P s COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MALLOY WILLIAM A SR ET AL 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 MALLOY WILLIAM A SR the DEFENDANT , at 0923:00 HOURS, on the 21st day of June , 2007 at 20 GARDEN DRIVE CARLISLE, PA 17013 by handing to CATHERINE LEBO, MOTHER IN LAW a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 LJ?`*lo7 20.80 So Answers: R. Thomas Kline 06/21/2007 MCCABE WEISBER(ACQXWAY Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CAST NO: 2007-03532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MALLOY WILLIAM A SR ET AL 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 MALLOY KATHY RAE the DEFENDANT , at 0923:00 HOURS, on the 21st day of June 2007 at 20 GARDEN DRIVE CARLISLE, PA 17013 CATHERINE LEBO, MOTHER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 C?., 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/21/2007 MCCABE W By: , *27 A. D. SHERIFF'S RETURN - NOT FOUND CAS$ NO: 2007-03532 P .COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MALLOY WILLIAM A SR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ---- - -- b t unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , U was He therefore returns the the within named DEFENDANT 108 LONGS GAP ROAD NOT FOUND , as to MALLOY WILLIAM A SR CARLISLE, PA 17015-1210 108 LONGS GAP ROAD IS VACANT. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 00 37.80 So answers: dodlty? L9 r R. omas Kline S eriff o Cumberland County MCCABE WEISBERG CONWAY 06/21/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03532 P .COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MALLOY WILLIAM A SR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT - - - --- --- ----- -- -- but was unable to locate Her in his bailiwick ll-l T T TITT TrtnDm vno He therefore returns the the within named DEFENDANT 108 LONGS GAP ROAD MALLOY KATHY RAE NOT FOUND , as to CARLISLE, PA 17015-1210 108 LONGS GAP ROAD IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 4,1.2916-1 4?)., So answers: 6.00 % - .00 5.00 R. omas Kline 10.00 eriff o Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 06/21/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. FILE NO.: 07-3532 Civil Term AMOUNT DUE: $73,618.09 William A. Malloy, Sr. Kathy Rae Malloy INTEREST: from 7/27/2007 - 12/5/2007 $1,597.20 at $12.10 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 108 Longs Gap Road, Carlisle, PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 7 Signature: Print Name: MCCABE, WEISBERG AND CONW Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. n 1 . 'l;L V V w 9,3 co co ao 0 op 043 ? p o c -a 03 Ch N Ul C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3532 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From WILLIAM A. MALLOY, SR. AND KATHY RAE MALLOY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,618.09 L.L. $.50 Interest FROM 7/27/07 -12/5/07 - $1,597.20 AT $12.10 PER DIEM Atty's Comm % Atty Paid $214.60 Plaintiff Paid Date: JULY 30, 2007 Due Prothy $2.00 Other Costs C s R. Long, Pr tary(Seal) REQUESTING PARTY: Name MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 By: Deputy Supreme Court ID No. 17616 go. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Company Plaintiff V. William A. Malloy, Sr. and Kathy Rae Malloy Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 07-3532 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 108 Longs Gap Road, Carlisle, PA 17013 (Tax Parcel #29-18-1371-013), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name William A. Malloy, Sr Kathy Rae Malloy Address 20 Garden Drive Carlisle, PA 17013-1210 20 Garden Drive Carlisle, 17013-1210 2. Name and address of Defendants in the judgment: Name Address William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 Kathy Rae Malloy 20 Garden Drive Carlisle, 17013-1210 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 108 Longs Gap Road, Carlisle, PA 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 26, 2007 McCABE WEISBE ND ONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE r-a d 'Ll ??? t:£° -? ??=` ??? ? ?? N tJti McCABE, WEISBERG AND CONWAY, P.C. ` BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William A. Malloy, Sr. Kathy Rae Malloy 20 Garden Drive Carlisle, PA 17013-1210 Your house (real estate) at 108 Longs Gap Road, Carlisle, PA 17013 (Tax Parcel #29-18- 1371-013) , is scheduled to be sold at Sheriffs Sale on December 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $73,618.09 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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 McCabe, Weisberg and Conway at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE SOUTH SIDE OF A PUBLIC ROAD AT LANDS NOW OR FORMERLY OF GEORGE W. STAMBAUGH; THENCE BY LANDS OF THE SAME, SOUTH 11 DEGREES 11 MINUTES WEST 166.75 FEET TO A STAKE AT LANDS NOW OR FORMERLY OF CARLISLE GUN CLUB, INC.; THENCE BY LANDS NOW OR FORMERLY OF CARLISLE GUN CLUB, INC., SOUTH 82 DEGREES 9 MINUTES EAST, 50 FEET TO THE CENTER OF A 30-FOOT DRIVEWAY; THENCE BY THE CENTER OF SAID DRIVEWAY AND BY LANDS NOW OR FORMERLY OF SIMON B. JUMBER, NORTH 11 DEGREES 11 MINUTES EAST, 161 FEET MORE OR LESS, TO A POINT ON THE SOUTH SIDE OF THE AFORESAID PUBLIC ROAD; THENCE BY THE SOUTH SIDE OF SAID PUBLIC ROAD, NORTH 76 DEGREES 34 MINUTES WEST, 50 FEET TO A STAKE AT THE PLACE OF BEGINNING. TOGETHER WITH THE RIGHT TO USE THE AFOREMENTIONED 30-FOOT DRIVEWAY ALONG THE EAST LINE OF THE ABOVE-DESCRIBED TRACT OF LAND IN COMMON WITH THE OWNER OF THE TRACT OF LAND ADJOINING THE SAID DRIVEWAY ON THE EAST. BEING KNOWN AS 108 Longs Gap Road, Carlisle, PA 17013 Being the same premises which Catherine Lebo, widow, William A. Malloy, Sr. and Kathy Rae Malloy, husband and wife, by deed dated the 12/26/2001, and recorded 8/6/2002 in the Office of the Recorder in and for Cumberland County in Deed Book 253, Page 172, granted and conveyed to William A. Malloy, Sr. and Kathy Rae Malloy, in fee. TAX MAP PARCEL NUMBER: 29-18-1371-013 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT 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 $72,222.16 Interest from 4/25/2007 - 7/26/2007 $ 1,395.93 TOTAL $73,618.09 MCE NIA CO WAY, P.C. BY? ?.J Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this '?6 day of %)u-4 , 2007, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant(s) William A. Malloy, Sr. and Kathy Rae Malloy and damages are assessed in the amount of $73,618.09, plus interest and costs. BY THE PROTHONOTARY: F- 10 o ? w 0 t E''? CJ C,:' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: 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(s), William A. Malloy, Sr. and Kathy Rae Malloy, is over eighteen (18) years of age, and resides at 20 Garden Drive, Carlisle, PA 17013-1210. MCC WEISBER A D ON AY, P.C. BY: I ' Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th DAY OF July, 2007. f? OTARY PUBLIC C7MMONlMMALTS-1 Or PENNSYLVA IA NOTARIAL SEA,, - GLORIA J. MITCHELL, Notary Pubfic C iy of Philadelphia, Phila. Co?u?ty My Commission ffiq*w June 2, 2411 C) C= rr; i, z 7: w Fn Q , Request for Military Status Department of Defense Manpower Data Center r. Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-12-2007 07:12:30 Last Name First/Middle Begin Date Active Duty Status Service/Agency MALLOY William Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. y6t Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http:/_/www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/12/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BUPWQBHDFJT https://www.dmde.osd.mil/scra/owa/scra.prc_Select 7/12/2007 Request for Military Status Department of Defense Manpower Data Center T, Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-12-2007 07:13:09 ??. Last Name First/Middle Begin Date Active Duty Status Service/Agency MALLOY Kathy Rae Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USCS Appx. #167;#167; 501 et seq) (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defense,li-nk.mil/faa//pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/12/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BUMIGFAOOJE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/12/2007 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th DAY OF July, 2007. MCC ISBER D CO WAY, P.C. BY: C Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE cam** ?? OF sNgmvAN?/?? ' NOTA,RVAL SEAL Pubk Gl.tJfuJ D. MITCHELL. ? ?? OTARY PUBLIC r,ty of P 'm JIM 2, X41 God %no OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS _____ Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary July 12, 2007 To: William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Company VS. William A. Malloy, Sr. and Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 Civil Term 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 A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 MCCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Kathy Rae Malloy 20 Garden Drive Carlisle, PA 17013-1210 Beneficial Consumer Discount Company d/b/a Baneficial Consumer Discount Company vs. William A. Malloy, Sr. and Kathy Rae Malloy July 12, 2007 Cumberland County Court of Common Pleas Number 07-3532 Civil Term 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 A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty. Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COIvIPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENT. ENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMA.CION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/hm VERIFICATION The undersigned, , 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 unworn falsification to authorities. MCCAB EISBER ANA CO WAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE o ? IIR C„ -!- N tT+ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 7/30/07 NOTICE urtis R.-- n Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at 215) 790-1010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kathy Rae Malloy 20 Garden Drive Carlisle, PA 17013-1210 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 7/30/0-7 ait Curtis R.- ong Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conwav, P.C. at (215) 790-1010. i A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE -ID#16496 MARC S. WEISBERG, ESQUIRE -ID#17616 EDWARD D. CONWAY, ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE-ID#34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Consumer Discount Company V. William A. Malloy, Sr. and Kathy Rea Malloy Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-3532 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA : The undersigned, hereby certifies that he is the attorney for Plaintiff in the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was served upon the Defendant, William A. Malloy, by regular mail, certificate of mailing, and certified mail, return receipts requested, dated July 31, 2007, and addressed to 20 Garden Drive, Carlisle, PA 17013-1210. The regular mail was never returned, and the certified mail was signed for by the Defendant William A. Malloy on August 2, 2007. A true and correct copy of the letter, certificate of mailing, certified receipt numbers 7005-1820- 0002-3156-0295, signed green card is attached hereto, made pat hereof, and marked as Exhibit «A", SWORN TO AND SUBSCRIBED MCCABE, IsBERG /c BEFORE ME THIS //"DAY 1 BY: OF 2007. Attorneys for Plaintiff TERRENCE J. MCCABE, ESQ MARC S. WEISBERG, ESQUI EDWARD D. CONWAY, ESQUI O ARY P IC MARGARET GAIRO, ESQUIRE Notarial Seal Susan J. Markowitz, Notary Public City Of Philadelphia, Philadelphia County My Commission Expires Feb. 13, 2011 P. C. Member, Pennsylvania Association of Notaries <_1 C' 4 j 41 - j TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO RITA C. BUSCHER*$ MONICA G. CHRISTIE +t FRANK DUBIN BRENDA L. BROGDON* SEAN GARRETT*+ BONNIE DAHL* BETH L. THOMAS SVEN E. PFAHLERT* JOSEPH VACCARO* MICHELE DELILLEA CATANIA TRIGO^ LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 205 53 WEST 36 T11 STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 JOSEPH F. RIGA* Of Counsel ' Liccncd in PA & NJ •• Li'mwd in PA & NY •+ Limnttd in PA & NM •'• Limned in PA. NJ & NY 1 Li--d in NY & CT ^ Li-d in NY Managing An rac:i for NJ + Managing Anorn v for NY July 31, 2007 William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 Re: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. William A. Malloy, Sr. and Kathy Rae Malloy CUMBERLAND COUNTY C.C.P. NUMBER 07-3532 Civil Term Dear William A. Malloy, Sr.: Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, Maleekah Wiltbanks, Legal Assistant to McCABE, WEISBERG AND CONWAY, P.C. TJM/mwi Enclosures SENT VIA REGULAR MAIL AND EAlbit CERTIFIED MAIL NUMBER 7005 1820 0002 3156 95 RETURN RECEIPT REQUESTED This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. i ¦ Complete items 1, 2, and 3. Also complete A. SWnature item 4 if ResWcted Delivery is desired. X ? t ¦ Print your name and address on the reverse Addressee so that we can return the card to you. S. Received by (Printed ftffmAUG Vivery ¦ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: D. Is derwery address different from Rem 1? Yes If YES, enter cl lWWodress below: a No . - . -;;•r..,u,...n.,r. ,. @ .. _. -..w? III I p 1 9c) G p r , V 3. Service Type ? Certffied Mall ? Express Mail /? ^? aar l is k?- i Pi-) ? ! o 1 -3 - iz/6 ? Registered ? Return Receipt for Merchandise ? [.red Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2' Article Number 7005 1820 0002 3156 0295 (Transfer from service iaW Ps For, 3811, February 2004 Domestic Retum Receipt 102595-o24A-1640 - Ln CERTIFIED - R ti ' (Dornesti ECEIPT c a OnlY,- No Insuranc e IT delivery intormation visit Ln F I i A ,. provl •. L s I Po rv ` etwe $ C3 COdMed Fee M _ 0 Ro- Receipt Fee p H i J- (Endorsement RegW.M Q ? (Er- Wne?i v Req i M ? `n Total e & Feee $ - o O o ° C ?d - . ?. .. .... . . .ell. "? .......... -Seek -i2c? . FAMA ?r N C/1 r • O -,A -r CD N O ? O w, A ?. c o b 0 N O 3 0 A ? A k U 'l3 A A T 0 b ro 0 o - M a x , W t n i rift! n 3 h Q?e E get P E?ml 3? ? n T 2 F??3 m £ a b z o' Sy C J ? '? tP p.• op ?' n = ?joic o.? Z ? `fl N W (•} 7 a y Cl? 00 C 000 a Ow ` ? o o ?? c J C O ? tD p ? m 3. ?^ o. 3 ? d Y y n H ... o ? O ` ? .n - J C) -4 U 'U 4 ? p p? C? C z m cD N . N - 116 1 111 U U (p J t :x Rv ?? ? ? ?., l-;s- -?. ? .c:. fJ !?.?7 ?? r ? ,' r-? Ct "Y` ?'?' 7 - -:., ?-t ?.. •?• ?. 1../ !N ? ; .:y;- .?,? ...... ate" ??? Beneficial Consumer Discount Company d/b/a In The Court of Common Pleas of Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2007-3532 Civil Term William A. Malloy, Sr. and Kathy Rae Malloy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Marc Weisberg. Sheriff's Costs: Docketing $30.00 Poundage 1.85 Law Library .50 Prothonotary 2.00 Levy 15.00 Share of Bills 14.92 Surcharge 30.00 $ 94.27 ? /1?t?U?b7 ?.. S R. Thomas Kline, Sheriff BY? Real Estate Sergeant U 08/15/2007 14:55 FAX 215 790 1274 McCABE 001 I McCABE, WEISBERG ANDCONWAY, P.C. BY: TERRENCE J. McCABE,.ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109' (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. William A. Malloy, Sr. and Katy Rae Malloy Defendants Attorneys for PlOntiff COURT OF COMMON PLEAS Cumberland COUNTY Number 07-3532 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of I he date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 108 Longs Gap Road, Carlisle, PA 17013 (Tax Parcel #29-184371-013), a copy of the description of said property is attached hereto and marked as Exhibit ".k." 1. Name and address of Owners or Reputed Owners: Name William A. Malloy, Sr. Address 20 Garden Drive Carlisle, PA 17013-1210 Kathy Rae Malloy 20 Garden Drive Carlisle, 17013-1210 E It 2. Name and address of Defendants in the judgment: Name Address William A. Malloy, Sr. 20 Garden Drive Carlisle, PA 17013-1210 Kathy Rae Malloy 20 Garden Drive Carlisle, 17013-1210 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 108 Longs Gap Road, Carlisle, PA 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 26, 2007 McCABE WEISBE , ND ONWAY, P.C. BY: 70" "J Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE NJcCABE, WEISBERG AND CONWAY, P.C. BY: TER,,RENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas Number 07-3532 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William A. Malloy, Sr. Kathy Rae Malloy 20 Garden Drive Carlisle, PA 17013-1210 Your house (real estate) at 1.08 Longs Gap Road, Carlisle, PA 17013 (Tax Parcel #29-18- 1371-013) , is scheduled to be sold at Sheriffs Sale on December 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $73,618.09 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER- THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE SOUTH SIDE OF A PUBLIC ROAD AT LANDS NOW OR FORMERLY OF GEORGE W. STAMBAUGH; THENCE BY LANDS OF THE SAME, SOUTH 11 DEGREES 11 MINUTES WEST 166.75 FEET TO A STAKE AT LANDS NOW OR FORMERLY OF CARLISLE GUN CLUB, INC.; THENCE BY LANDS NOW OR FORMERLY OF CARLISLE GUN CLUB, INC., SOUTH 82 DEGREES 9 MINUTES EAST, 50 FEET TO THE CENTER OF A 30-FOOT DRIVEWAY; THENCE BY THE CENTER OF SAID DRIVEWAY AND BY LANDS NOW OR FORMERLY OF SIMON B. JUMBER, NORTH 11 DEGREES 11 MINUTES EAST, 161 FEET MORE OR LESS, TO A POINT ON THE SOUTH SIDE OF THE AFORESAID PUBLIC ROAD; THENCE BY THE SOUTH SIDE OF SAID PUBLIC ROAD, NORTH 76 DEGREES 34 MINUTES WEST, 50 FEET TO A STAKE AT THE PLACE OF BEGINNING. TOGETHER WITH THE RIGHT TO USE THE AFOREMENTIONED 30-FOOT DRIVEWAY ALONG THE EAST LINE OF THE ABOVE-DESCRIBED TRACT OF LAND IN COMMON WITH THE OWNER OF THE TRACT OF LAND ADJOINING THE SAID DRIVEWAY ON THE EAST. BEING KNOWN AS 108 Longs Gap Road, Carlisle, PA 17013 Being the same premises which Catherine Lebo, widow, William A. Malloy, Sr. and Kathy Rae Malloy, husband and wife, by deed dated the 12/26/2001, and recorded 8/6/2002 in the Office of the Recorder in and for Cumberland County in Deed Book 253, Page 172, granted and conveyed to William A. Malloy, Sr. and Kathy Rae Malloy, in fee. TAX MAP PARCEL NUMBER: 29-18-1371-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-3532 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From WILLIAM A. MALLOY, SR. AND KATHY RAE MALLOY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,618.09 L.L. $.50 Interest FROM 7/27/07 -12/5/07 - $1,597.20 AT $12.10 PER DIEM Atty's Comm % Due Prothy $2.00 Atty Paid $214.60 Other Costs Plaintiff Paid Date: JULY 30, 2007 Curti . Long, Pro (Seal) By: Deputy REQUESTING PARTY: Name MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 r. Real Estate Sale # 32 On August 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 108 Longs Gap Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2007 By, Real Esta Sergeant € 0 :Z C Z - (" -I,.? , u! doss: /0s Aq-g 8?0 6d 'Z?-1g3'7l -0 / 3 cCAB, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE-ID #16496 Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE-ID #1766 EDWARD D. CONWAY, ESQUIRE-ID #34687 MARGARET GAIRO, ESQUIRE-ID #34419 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. . William A. Malloy, Sr. Kathy Rae Malloy Cumberland County Court of Common Pleas NUMBER 07-3532 PRAECIPE TO VACATE JUDGMENT AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly vacate judgment and mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. McCABE, WEISBERG AND CONWAY, P.C. BY: A? ,1- mac '' Attorneys forylainfiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE HALL PA M02 ... mph L"S, 6ap b .r W ..p w LD 1 On d C-i .3