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Home My WebLink About00-01046 ;ail>~.,/\i'~_ .~."~~E NO: 2000-01046 pSHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EARL L 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, DEFENDANT YOCUM EARL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , YOCUM EARL L DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FWDG, RETURN NOT FOUND AS PER LANA 3/7/00.. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 4.34 5.00 10.00 .00 37.34 ~~~ R. homas Kline Sheriff of Cumberland County '", /' ! MCCABE, WEISBERG & 03/07/2000 CONWA'{ i , I I -,-------~----- \ Sworn and subscribed to before me / this ;2'f~ day of '---n,.I. uL/ cl4KKJ A.D. C'\ "Q f\I1, 000, 0 ~q pr~onotary I . ~-- ~ "~~=-"1<-_ ~.~. -1.., , 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 Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 - ;,,;:. Attorney for Plaintiff Cumberland County Court of Common Pleas Number ~6CO- /0'/1- Co.:{ 1-~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend ~gainst the claims set forth in the following pages, you must take action within twenty (20) days after this complaint ~nd notice are served, by entering a written appearance personally or by atto~ney 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 p~oceed without you and a judgment m~y 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 o~ other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LA WYER 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 (7171 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la natificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa avisa 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las pravisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. ,LLEVE EST A DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRJT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (fFl~-OO'PY FROM RECORD In Testimony whereof. I I16fa unto set my hand and the seal of said rt at Carlisle. Pa. T day f'-~ Pr ~~ ~ ~ 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 Attorney for Plaintiff Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Disccount Company f/k/ a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Earl L. Yocum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 116 Yates Street, Mount Holly Springs, PA 17065. 3. On August 9, 1999, 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 1563, Page 579. ~- -~. ~~ J "".:; 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Yates Street, Mount Holly Springs, PA 17065. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due November, 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 Interest 10/99 through 2/1/2000 (Plus $35.17 per diem thereafter) Attorney's Fee Late Charges Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $130,743.11 $ 3,847.72 $ 6,537.15 $ 586.90 $ 6,419.48 $ 225.00 $ 125.00 $ 200.00 $148,684.36 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. s403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et ~ J>..'l\i; seq., commonly known as the Combined Notice of Delinquency has 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 liB. " WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $148,684.36, together with interest at the rate of $35.17 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. - -" "~~ - L~ 11,",- VERIFICATION I, Terrence J. McCabe, Esquire, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 PA C.S, ~4904, relating to unsworn falsification to authorities. -s:- J\llffilll ~ In koJ M- TERRENCE J. C BE, QUIRE DATE: 02/~OO ,& _. ~'J' _~= ~ !fr,; . . . Commonwealth of PelUl5ylvanla copy Spaee Abo.. Thlo I.lne For Reoordlng Data OPEN.END MORTGAGE APp1ioa'i.~a'i \ WlNlN3a7 This Mortgage secures future adVllD<:es 1. DATE AND PARTIES. The date of this Mortgage (Security 1'Dstmmcnl) is ...~1;:~!':~...~,r...~?~?...........,.. alOd the parties, their addresses and tax identification 1DlDlbers, if required, are as follows: MORTGAGOR: Earl L Yocum single man o If checked, refer to the attached Add~"'ll1m iDcolpOrated herein, for additional Mortgagors, their signa~ and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hart~dale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. Por good and valuable co.DSideration, the receipt and sufficiency of wbich is acknowledged, and 10 IICeure the Secured Debl (defined below) and Mortgagor's performance UIIdcr this Security InslrUmcnl, Mortgagor grants, bari!llins, conveys and mortgages 10 Lender the following described property: See Exhibit A Parcel I.D. # 23-35-2316-045 The property is localcd in .......~~.~.7:~~~.................,......................... al .............,.................. ..............., tC~) , , ' . 17065 .........., ....... .................. .......... ....... ......, ....., ..... ........ .....'.. ............... ....... .., Pcnnsylvama ..., ...... .............., (Addz=) (city) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian ri,gbts, ditches, and walcr slock and all existing and future improvements, slluclllreS, 1ixtnrcs. and replacements thaI may DOW, ,or al any time in the future, be pan of the real eSlate described above (all rcferred.to as 'Property"). 3. MAXIMUM OBLIffP,W6 &~. The IOtal principal. BDl;On;tt ~ecured by this Security ~~ at any one time shall DOl exceed $ ........................,........................... . This Imntation of amount docs not mclude Interest and other fees and charges validly made purSWlIl110 this Security Instrument. Also, this limitation does not apply to adVaJICes made nnde1r the terms of this Security IllStrumenlto prolcet Lender's security and to perform any of the covenants contained in this SeellU'ity lnstnunent. 4. SECURED DEBT AND FUTURE ADVANCES, The tenn "Secured Debt" is defined as follows: A. Debt incurred under the lcntl8 of all promissory lIOte(S), COntlllct(s), guaranty(s) or other evidelu:e of debt described belDw and aU their e;tlenSions, renewals, modifications or substitutions. (When referencing the debts below .rt Is suggested that you Include items such as borrowel'$'1UU1feS, note amoutUs, interest rates, IIUlturity dates, etc.) Note dated August 9, ~999, between Green Tree Consumer Discount Company and Earl L Yocum, for $131,000,00, maturing August ~3, 2024. PENNSYLVANIA. MORTQAOE (NOT FOA FNMA. fHLMC. FHA OR VA USE) C 18El4 8.;nkUI Symm'- Inc.. St. Cloud, MN I1~OO'3S7.234 U Form RE-MT\3o-PA '2/1 S/S4 :torm. ID #111.184 ~;:"V tU.BJJ' ~~ I" ""') "'''A,~'' " , 'f~ '. r 7!")t ,,' 61 _lllllli".'~"IlJIii;"VW"-- ,lit - -.'" ~ """l:l;", . . ~"I""''''''''_~ ~I.';, '~. \: ~~ ,I u ~, B. AU futore adVlllll:C3 from Lender to Mortgagor or ~ fumz: obll~1ro~ of Mortgagor to Lender UDder any promissory DOte, coDlract, guaranty, or other evidellCe of debt executed by Mortgagor in favor of Lender executed after this Security lllsl:n1l!ie~lt whether or not this Security Instrument is specifically refezem:ed. If more tban oJle person signs this Security Instrumept, each Mortgagor agrees that this Secmity Instrwllcnt will secure all future advances and future obligal!ions that are given 10 or iw:urred by anyone or more Mongagor. or anyone or more Mortgagor and others. All future advances, and other future obligations are secured by this Securlty lDstl'Wnent even though all or part may DOt y~1 be advanced. All future advances and other future obligations are secured as if made on the date of this Security Insttuau:nt. Nothing in this Secuti.ty InstrWllmt shaI1 COIlStitute a commitment to make additional or future loans or advaxu:es in any amount. Any such commitment must be agreed to in a separate writing. C. All obligatioIlS Mortgagor owes to Lender. which may later arise. to the elttenl DOt prohibited by law. includiDg, but not limited ui, liabilities fur overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All addi~onal sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advam:ed alld e:qlCllSeS incurred by Lender under the terms of this Security InslIUJl1elll. This Security InstJ1lml:nt will not secure any other debt if Lender fails to give any required IlOtice of the right of rescission. 5. PAYMENTS. Mongagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the tenus of the Secured Debt and this Security Instnunent. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or wUl be lawfully seized of the estate wnvcyetl by tbis Security Instlulllent and has the right to grant, bargain. convey, sell, and mortgage the Property. Mortgagor also warrants tibat the Property is unencumbered, except for eDCUIllbranl:es of record. 7. PRIOR SECUR:,ITY JNTERESTS, With regard to any other mortgage. deed of trust. security agreement or other lien document that created a prior security interest or encumbram:e on the Property. Mongagor agrees: A. To make all payments when due and to perform or comply with all coveuants. B. To promptly deliver to Lender any IlOtices !hat Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances Ullder any note or agm:ment =:d by the lien documeut without Lender's prior written consent, 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, asseasments, liens. encumbrances, lease payments, growuI rents. utilities. and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of aU notices that sucll alllOUDlS are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend tiUe to tbe Property againstl!l1Y claims that would impair the lien of this 'Security InstrwneDt. Mortgagor agrees to assign to Lender, a~ requested by I..eutIer. any rights. claims or defenses Mortgagor may have against patties who supply labor or materials to moln..!n or Improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt 10 be hmnediatcly due and paYable upon the creation of. or contract fqr the creation of, any lien, encum.bi:ante. transfer or sale of the Property. This right is subject to the restricdons imposed by fCdera1law (12 C.F.R. 591), as applicable. This covenant sball run with the Property and shall remain in effect until the SeCUIecl Debt is paid in full and this Security Insttumeut is released. 10. PROPERTY co~mON. ALTERATIONS AND JNSPECTION. Mongagor will keep the Property in good condition ami Ill3ke all repairs !hat arc reasonably nccessary. Mongagor shall not commit or allow any waste, l'llJ'olnnlmt, or deterioration o:f the Property. Mongagor will keep the Property free of IlOxloU:Sweeds and grasses. Mortgagor agrees !hat the nature of the occupancy and use, will DOt substantially cbangc without Lender's 'prior written COllSCnt. Mortgagor will DOt permit any changf~ in any license. restricdve covenant or easement without Lender's prior written consent. Mortgagor willllOtlfy Lender of alJl demontis. proceedings. claims and actions against Mortgagor, and of any loss or damage to the Property. <<>1!i94 Bwdt.,.. SvIftMl..lnc" St. C1aLd, MN It..soo-397.234tl FottrI fl!-MTG-PA 1211918-4 ( .'!!;:/ of 5) "'.., - '"~-__..t..~~ . .~ ~ ~ I ~~, . - . Lender or Lender's agents may, at Lender's option, enter the Properly at any reasonable time for the purpose ofinspoclliDg the Property. Lender sha11 give Mortgagor notice at the time of or before an inspection specifying a reasllIUlble purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way lrely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this S~ty lnstrwnenl, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as altO:mey in fact to sign Mortgagor's name or pay any amount necessary for perfol'lDllllCe. Lender's right to perform for Mortgagor shall not create an obligatio,n to perform, and Lender's failure to perform will not preclude Lender from exercising any of L=nder's other rights under the law or this Security Instrwnenl. If any construction on the Properly is discontinued or not carried on in a reasonable manner, Lender may lake all steps _essaI)' to protect Lender's security interest in the Property, iJ1(:luding completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mongages to Lender as additional security all the right. title and interest in and to any and all existing or future leases, subleases, and any other 'Mitten or verbal agreements for the use and occupancy of any portion of the Property, illcluding any extensions, re~ewals, modi1ications or substibltions of such agreements (all referred to as "Leases") and rents, issues and profits (all refemd to as "RentS"). Mortgagor will promptly provide Lender with true and conect copies of all existing and future Leases, MOI,tgagor may collect, receive. eJ1ioy and use the Rents so long as Mortgagor is not in default under the terms of this Sc:curlty InslruIllelll. Mortgagor agrees that this assignment is immediately effective between the parties to this Security J.nstnrment and effective as to third parties 011 the recording of this Security Instrwnent, and this assignment will remain effective undl the Obligatic1ns are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of RCIlItS due or to become due directly to Lender after such recording, however Lender agrees DOt to notify Mortgagor's tenantll until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor.'s temnts Ilay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver 10 l.ender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commin.!:le the Rents with any other funds. AJ:1y amounts collected will be applied as provided in this Secw:ity Instrument. Mortgagor Wlimlnls that no default exists under the Leases or any applicable Iandlordltenanllaw. Mortgagor also agrees to maintain and ~=<!uire any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply willl the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a COndominiUUI or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrunlent or any other document execntc:d for the putpOse of creating, securing or guarantying the Secured Debt. A good faith belief by Lender !hat Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or !hat the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require LeIlder to provide Mortgagor with IlOtice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject w these IimitatiOI~, if any, Lender may accelerate the Secured Debt and foreclose this Security InslruIllelll in a manner provided by law if MOrlJlagor is in default. At the option of Lender, all or any part of the agreed fees and charges, aeemed interest and principal shall become immedJiately due and payable, after giving notice if reqnired by law, upon the occurrence of a default or anytime thereafter, In addiition, Lender shall be entitled to all the zemedies provided by law, the tenDS of the Secured Debt, this Security Instrument an.cl any related dOCuments. All remedies are distinct, cumulative and not exclusive, and the LeIlder is entitled to all remedies pro1lided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial paymeJll1 on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to reqnire complete cure of any existing default. By not exercising any remedy on Mortgagor's dell'ault, Lender does not waive Lender's right to later cousider the event a default ifit continues or happens again. ~, {' /7 of 61 = 1994 B:.nkerl $y".m... Inc., St. Cloud. MN ('.BOO-3&7.~3'411 Form RS'MfG-PA 12119/&4 . .J" ~~ _ ~."."""",I..<i.'~~'~J1I"'~-"""""- -- - ~ , ' ~~~~;j, . - " 1'. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mongagor agrees to pay all of Lender's expenses if Mortgagor breacbes any covenant in this Security Instrument. Mortgagor will also pay on "em~m any amount illCuned by Lender for inswing, UJspecting. preserving or othetwise protecting the 'Property and Lender's security interest. These expenses will bear Interest from the date of the paymcut unti:l paid In full at the highest Intmst rate In effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses iDClU'1'CCl by Lender in collecting, enforcing or protecting Lender's rights and remedies 1UIder this Security fnstIUIllCllt. This amount may inclnde, bot is DOt limited to, attorneys' fees, court costs, and other legal expenses, This Security fnslrolllCDt sbaII remain in effect until released. Mortgagor agrees to pay for any recordation COSlS of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS 'SUBSTANCES, As used in this section, (1) Bnviromne~taI Law llIl:ans, wilboutlimitation. the Comprehensive EnviroIllllCntal Response, CompellSlllion and Liability Acl (CERCLA, 42 U.S,C. 9601 et seq.), and all other federal. state and local laws, regulatioDs, otdiDances, court orders, attorney gem:ra1 opinions or interpretive letterS concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material., waste, pollutant or cont'lm;n.nt which bas cI1amcterlstics w.bich render the substance dangerous or potentially dangerous to the public health, safety, welfaIe or environment. The term incllJdl:s, without limitation, any subslalll:es defined as "hazardous material," 'toxic substances.' 'hazardolls waste" or "hazardous substance" under any Environmental Law. Mortgagor represeDlS, warrantS and agrees that: A. Bxcept as previously disclosed and acknowledged in writing to Lender, 00 Hazardous Substance is or will be localed, stored or released on or In the Property. This iestrittion does not apply to small quantities of Hazardous Substances lhat are genexally tecogn!:r.ed. to be appropriate for the IlOrmal use and m.ln'..,.""" of the Property. B. Except as previously disclosed and acknowledged In writing to Lender, Mortgagor and every teJlSll/. have been, are, IIl1d sball remain in full compliance with any applicable 'BnviroIlIDClll31 Law. C. Mortgagor sball iIlUlled:iately 1IOti!y Lender if a release or ~tened release of a Hazanlous Substance occurs on, under or about the Property or there is a violation of auy Environmental Law com:emi.Qg the Property. In such an evel>!, Mortgagor shall take all neceSaaIy relllCdial action in aCl:Ordance with any EnvironmeDlaI Law. D. Mortgagor shalllnunediately notify Lender in writing as soon as Mortgagor has reason to believe there is any peIldlngor threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance I~r lbe violation of any BuvironmenlAl Law. 18. CONDEMNATION. Mortgagor will give Lender prompt IIOtice of any pending or threatened a<:tion, by private or publit entities to purchase or take any or all of the Property tb:i'oughcondenmation, eminent domain, or any other means. Mortgagor authorizes Lender to interVellC in Mortgagor's name in any of the abovedeacribed actions or claims. Mortgagor assigns to Lender !he proceeds of auy award or claim for damages collIlCCted with a coIlllelmlation or other taIdlIg of all or any part of the Property. Such proceeds sbaII be considered payments and :will be appli.ed as provided in this Sec:urlty Instnuoent. This assigmnelll of proceeds is subject to the terms of any prior lDDrtgage, deed of trUst. security agn:ement or other lien document. 19. INSURANCE. Mortgagor sball keep Property insured againsllo~ by fire, flood, theft and other hazards and risks reasonabll' SSSOtiated with the Property due to its lJIpe and location. :This insurance shall be m.int.inod In the alIlOunts and for the period.~ !bat Lender requires. The illS1lIllllCC canler providing the Insurance shall be chosen by Mortgagor subj~ to Lender's approval" which shall not be unreasonably witbhcld, If Mortgagor fails to maintain the covemge described above, Lender may, al. Lender's option, obtain tovexage to protect LeDder's rights in the Property acoording to the teIIIlS of this Security fnstrument. AU insurance policies and r_wals shall be acceptable to Lender and shall include a slalldard "lDDrtgagc clause" and, 'where applicable, "loss payee clause.. Mortgagor shall1rnmodlale1y ootify Lender of cancellation or tcrJnin;!don of the insurance. Lender shall have the right to hold the policies and rerrewals. If LeIlder requires, Mortgagor sbaII imm.edia.le1ygive to Lender all receipts of paid premiuma and renewal ootites. Upon loss, Mortgagor shall give immediate notice to the lnsur.mce carrier and Lender. Lender IDaY make proof of loss if DOl made lmmcdiale1y by Mortgagor. lC 1'i&4 a.nklr. SvatlllTlI, l~.. St. Claud, MN tf.ElDO.3G7-2a.4 11 Ft:>rrn f1E-MTG-PA 1.2118194 ,1/?40f6J """~~ .~ " " ~ -'~j', , . Unless otherwise agreed in writing, aU insnraru:c proceeds sball be applied to the restoration or repair of the PIopeny 'or to the Secured Debt, whether or not then due, at LeDder's option. Any application of proceeds to principal sball not e:uend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insuram:e policies and proceeds xesulting from damage to the Property before the acquisition sball pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will DOt be required to pay to Lender funds for taxes and insurance in escrow, 21. FINANCIAL REPORTS AND ADDmONAL DOCUMENTS. Mortgagor will provide to Lender upon requc:st, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and me any additional documelllS or certilicatious that Lender may consider necesSllIy to perfect, continue, and preserve MOl1:gagor's obligations under this Security lustnul1cnt and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security I:osirument are joint and individnal. If Mortgagor sigus this Security I:osllUment but does not sign an evidence ,)f debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured D..bt and Mortgagor does not agree to be personally liable on the Seemed Debt, If this Security I:ostrument secures a guaranty between LeDder and Mongagor, Mortgagor agrees to waive any rights that may prevent Lender from briDging any action or claim agaiust Mortgagor or any party indebted WIder the obligation. These rights may include, but are not limited 10, any anti-deficiem:y or one-1lction laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's COIlSCm. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security lustrument shall bind and benefit the successors and assigus of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, CJ:cCj>t to the extent otherwise required by qte laws of the jurisdiction whJ:re the Property is located. This Security Instrument is complete and fully integrated. This Security ItlStrument maY'lIOrbe IUIlCrided or modified by oral agreement. Any section in this Security Instrument, attachmclllS, or any agreement related to the SCcured Debt that conflicts with applicable law will IIOt be effective, unless that law expressly or impliedly permits thevariad:ous by written agreeD\ent. If any section of this Security Insttu.ment cannot be enforced according to its terms, that section will be severed and will not affect the ento.rceability of the remainder of this Security Instrument. Whenever used, the singular shall im:lu<1o the plural and.the plural the singular. The captious and beadings of the sections of this Security Instnmlent l~ for convenience only and are not to be used to interpret Dr delinc the tenDS of this Security ItlSlrument. Time is of the esse:nce in this Security ItlSlrument. 24. NOTICE. Unless otherwise required by law, any IIOtice sball be given by delivering it or by mailing it by first class Iwllo the appropriate party's address on p~ge I of this Security InstIUmcnt, or to any other address designated in writillli. Notice to one mortgagor will be deemed to be notice to all mortgagors. ".,' .....~ ,- "'~..' ~~ 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement rel."hl~JC; the:P.r<!~, ')9'...~~~ ~~...~~ ~ f ..... .:"...-;. t-...~,:., 1: =_:";;0 ~:~"a = ".::~ 2 :::>- :: :_~~ ....:t:"-:: .. r.~ . 1:.. -",..:--. " ;'%'''' ,:\":-."~..::' '-:0' /.,.., ,,''.....f!' l .., ::_........~.... "",.,.... .... ,,"-...,. - .... .... ......:- r'~ C 1994 Brier. sv.atom:l, l:leo, St. Cloud, MN (1.6OQ.3S7.234 n Form RE.W1To-PA 12/1 &/94 t ;1:;/: of 6) ~;.;.;j~;., -- """'-U _._-~~ . , .. 26. OTHER TERMS. If cbecked. the following are applicable to this Security 1Dstnlment: o Line of Credit. The Securcd. Debt includes a teVolving line or credit provision. Although thll Seemed Debt uny be rcducet;i to a zero balance, this Security IDslrUmellt will remain in effect 1JIlIiI relcased. D Construction Loan. This Security IDsttument seaues an obligation im:umd for the conslIUCllon of an improvement on the PropertY, D F1xture WilIg. Mortgagor g:rants to Lender a sCl:Urity interest in all goods that Mortgagor owns now or ill thll f~ture am tbat are or will become fixtures related to thll Property. This 5e='jty Instrument suffices as a fina.ucing slalemellt and any carbon, pholOgnphic or other tcproliuction may be tilee! of r=nl for purposes of Article 9 or the Uniform Co=ia1 Code. D Pun:base Money. This Security Instrument secures advances by Lender usee! in whole or in part 10 acquh..: the Property. Accordingly, this SeCllIity InstrmneDl, and the lien hereunder, is and shall be constmee! as a purcbase money mortgage with all of thll rights, priorities and benefits theleof 1IDder the laws of the Commonwealth of PellDSylvania. D NOTICE TO BORROWER: TInS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and agrewumlB of each of the ridels checked below are inl:orporated iDIo and supplement, and amend the terms of this Security 1Dstnlment. (01eck all applicable boxes] o Condominium Rider 0 Planned Ullit Developtll8Ilt Rider D Other .................................................., D Additio1llll Tenns. SIGNA TUBES: By signing below, Mortgagor, inte:ntling to be legally bound hClllby, agrees to thll tenDS and covenants contained in this Security IDstl'U1llellt and ill any atlachmenls. Mortgagor also acbowledges receipt of a copy of this Security IDstnnnenl: on thll date stated on page 1. .r;f!x~..........r/1;1'f ,..... ..... .. ~L!o.-...~.o&~....... (W"1lJIW) (Wiloes.) ACKNOWL~=~TH OF ...~~~~y.~~:;.:::~.;;':....'.......9~UNTY OF ..~~;.l.(.\..J...} i~. ~ 'I. On thist"the ........~.............. day of .......~~~i?~..t.~......................t before!IlC ..................................., . d ffi naIl _-' Barl r.. yoc.... th.e undcIsigne 0 cer, perso y ".l'~loorWo ............................................................................................. .............................................................................u.................la:town. toe me (or satisfactorily proven) to be lhe person(s) whose name(s) is subscn"bed to tJ;1e within mstrunlent, and acknowlee!ged that helshe executed the saroe for the purposes therein conlained. ............................................................................ (Signature) (Dale) ............................................................................. In witness whereof, I hereunto set my hand and oflicial seal. A.~~"''''~~ ,:f,l..,. ~~ ~'~~ -Diifsl~ft e- Ires' NOTARIAL SEAL ~ ...,;;.-: - 1.. COJI.!,. '~ -:'~J . II B CHilCOTE Nolary Publlo ' .s:.-..:..~ "(~.; WENDE . C ,', dcounly .~.. ...... .......,... .. ....... ........ ................ i;! ....:-;.:. .~ . . Camp Hln BOlO, um"cI an g ~a~ ~'~P' ~ My Commission Expires June 17,2002 ;~;'L .~'-">,, . ~......".~ ~.....;;:;-.: ............................................................................ ". ~"';iiI!?',: ,,;;:, "'..... TlllootOlficer . "'-0 :'..... ":'~ . . ____..II. Green Tree CCJ:UJU:Ille:O Dill~OUDt: Company It is bcrcby, cimified ihat tIie address of the Lender within """"'" IS: ............................................................................ 34.01 tla):t'l.dale tad.ve. Suit.e 1.18, CU\p Hill. &'ll!!lIma~lvQia 1.7011 ................................................................................................................................................................. ............................................................................... 01il84 Brion SVft4m-.lnc.. St:. CtolJd,MN 11-800003117.2341J Fotn-.f1E-MTQ.PA ,V19m<4 (pogo 6 o( 61 . >, . . EXHIBIT A Leaal Descri~tion. ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVJ\NIA BEING MORE FULLY DESCR.IBED IN DEED DATED 0~/23/96, RECORDED 09/24/96. APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 146, PAGE 370 parcel ID: 23-35-2316-045 .~" '. - J_ -~ ~:. CONSECO. -- CONSECO FINANCE SERVICING CORP. Pennsylvania 73605 Kyrene ~etice of Default and Act 91 Tempe, Arizona 85~83.'+583 888.3 I5-8733 Date: January 12, 2000 ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS EARL YOCUM 116YATESST." MOUNT HOLLY SPRINGS, PA 17065 Loan No. 6904417737 Date: January 12, 2000 Mortgaged Premises: 116 YATES ST. MOUNT HOLLY SPRINGS, PA 17065 Certified Mail #: Z 205 160 742 Social Security No: 204305063 FROM: Conseco Finance Consumer Discount Company YOUR MORTGAGE IS IN SERIOUS DEI' AUL T because you have not paid promptly installments of principal and interest and escrow, as required, for a period of at least SIXTY (60) days. The total amount of the delinquency is $3990.98 That sum includes the following: $1173.82 due 11/13/99, $1173.82 due 12/13/99, and $1173.82 due 1/13/00, plus lilte charges of$469.52 and renun check fees of $0.00. YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE 1HA T WILL PREVENT FORECLOSURE on your mortgage ifyotL comply with the provisions of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (the "Act"). YOIJ may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. Under the Act, you are entitled to a temporary stay oHoreclosureon your mortgage for thirty (30) days from the day of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The pwpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. 1HA T MEETING MUST OCCUR IN 1HE NEXT THIRTY (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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Ruth Hernandez Conseco Finance Mortgage Services Division 7360 S Kyrene Road Tempe,flZ 85283 (800) 603-1109 EXHIBIT "BU '(E) U!iiii . , ,~ ~ = I \ 'CiW,) CONSECO FINANCE SERVICING CORP. 7.3 60 5 Kyrene Road Tempe, Arizona S52.83-~;83 The names and addresses of designated corlllMiI'ePcredR counseling agencies are on the enclosed list. one face-lo-face meeting. You should advise this lender immediately of your intentions. ~',. CONSECO. It is only necessary to schedule . If you have tried to ll/1.d are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance f~om the HomeoWJ1ers' Emergency Assistance Fund. In order to do this, you must fill out, sign and me a completed Homeown~rs' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. IT MUST BE FILED, OR POSTMARKED, WITIlIN THIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer creclit com,seling agencies on the enclosed list. The pennsylvania Housing Finance Agency is located at: 210] North Front Street, P. O. Box 8029, Harrisburg, PA 17105, Telephone Number: (717) 780-3800 Or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. An application for assistanceinay be Obtained from this lender, from a consumer creclit counseling agency, or directly from the Pennsylvania Housing Finance Agency, IT IS EXTREMELY IMPORTANT TM T YOU FILE YOUR APPLICATION PROMPTLY, IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW TIlE OTHER TIME PERIODS SET FORTIr IN TIrIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME It\1MEDIATELY. Available funds for eI1}ergency mortgage assistance are very limited. They will be disbursed by the Agency under ,the eligibility criteria established by the Act. ' IT IS EXTREMELY IMPORTANT TIiA T YOUR APPLICA nON IS ACCURATE AND COMPLETE IN EVERY RESPECT, The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to makl= a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency orit's decision on your application. In addition, you will receive another notice from this lender under Act 6 of 1974, That notice is called a ''Notice ofIntention to Foreclose". You must read both notices since they both explain rights that you now have under Pennsylvania law. However, ifyo'~ choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistanl:e. Sincerely, ~~ Kelly Ho]ding Mortgage Collections Supervisor Conseco Finance Mortgage Services Division (800) 603-11 09 Enclosures: Pennsylvania Consumer Creclit Counseling Agency List cc: Customer File @ -- lB<lIR . \ ,,/;3i1) , '/ " ;'1 -, >~') ;;;1 , ~:~;;_.:>-. C,~,-'\\ \ ~.\ .' m _ lJl.~~ ~., ""'-"-"',!,'~' . W"".~ - ()1'~ll:1" [if fill tf!f'1Ii'1' OlH<' - - 'fT F~B 25 ~ ill Fll '00 P E (\1 I, ,_I 1 \' i~,;L'1 1,6, ~~ 1_ II r ""'~ ,- ~ ,,-, ,~, ., =,~,~ ,,,,"",,, C"""'-' :;:'~_~~fil , 1-' ,-~ ~"~~ ~-~ .,"'- ",,"-. ,'C:,__bc w [fli1l ~ \Dfil .' "~~~~'_".._Iif'~' ", _~M'-__'"-' .... '"y'"" ~,'.." ~" ,'. " );0_';",,","" .' ,..-- e:; ," .. Si"; ., =' .'i c,S~~'{",,~;:-~-, , ..,:, ,,'~-;..,-~~ '" -, ~""""o:;;'-_I"v'"' ",.. >-""':;';-'-1 'T 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 CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS EARL L. YOCUM NUMBER 2000-1046 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY; Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. .~ TE RENCE Attorney -' -.1 2.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, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02660 - Id{~ c.c..>~ tT~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court you~ defenses or objections to the claims set forth against you. You are warned th~t if you fail to do so the case may proc~ed 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 o~ relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 AVISO Le han demandado a usted en la corte. 8i usted qui ere defenderse de eetas demandas ex~puestas en las paginas siguientes, usted tiene yeinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogada y entregar a la corte en forma eecrita BUS defensas a sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara rnedidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provieiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlA T AMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TALSERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~~ - " - -'., ,,".1., , . ;.,-,~, 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 Attorney for Plaintiff Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Earl L. Yocum l16 Yates Street Mount Holly Springs, pA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company," a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Earl L. Yocum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 116 Yates Street, Mount Holly Springs, PA 17065. 3. On August 9, 1999, 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 1563, Page 579. ",- 1'MliIiIiliI8Iii~ . 4. The premises subj ect to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Yates Street, Mount Holly Springs, PA 17065. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November, 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 Interest 10/99 through 2/1/2000 (Plus $35.17 per diem thereafter) Attorney's Fee Late Charges Penalty Cost of Suit Appraisal Fee Title Search $130,743.11 $ 3,847.72 $ 6,537.15 $ 586.90 $ 6,419.48 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $148,684.36 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 (4l P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et . ~",......-{j.:, 1 " ;1 I 'I ii ii II :I " !i i; " II I! " i: I' 1 c seq., commonly known as the Combined Notice of Delinquency has 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 liB. II WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $148,684.36, together with interest at the rate of $35.17 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. --- ~~ I >-.. J\ D i"f'lf(U.: ~ JRRENCE J. c ABE, UIRE Attorney for aintiff " > "" "':;-' , M_ ~, VERIFICATION I, Terrence J. McCabe, Esquire, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904, relating to unsworn falsification to authorities. -:G' ^llffiQI~~oJM- TERRENCE J. C E, QUIRE DATE; a2/~OO .~ .~ .~&I: . ... . CODU1l0DWWth of PelWylvanla copy Spooo Aho.. This Llne For Recording Data OPEN-END MORTGAGE APPlic..'i.~i:. \ WJlNN3~' This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ....~~~!':E...~.r...~?.~.~.............. Imd the parties, their addresses and tax identification IIIIlIIbeIll, if required, are as follows: MORTGAGOR: Earl L Yocum single man o If checked, refer to the attached Md.nt!lll'\l incorporated harein, for additional Mortgagors, Ihelr signalm1:~ and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. For good and valuable coll8ideration, the receipI and sufficiency of which is acknowledged, and 10 secure the Secured Debl (defined below) and Moxtgagor's perfOIIDaIll:e under this Security Instrument, Mortgagor grantS, barl~, conveys and mortgages 10 Lender the following descri~ property: See Exhibit A Parcel I.D. # 23-35-2316-045 . The property is located in ........~~.~.7:~~~~........................................... at ................................................. 'COll#Iy) , , . . 17065 .......... .............u ............... 0 ... o. ..... o. ....... .0 ....~.... ..~... ..... ....".. ...... ..... .... ........., Pennsylwnia ...0.... o. ............... (Address) (City) (ZIP Codo) Together wilh all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian riB:blS, dilChes, and water slock and all existing and future improvements, stluclUleS, fixtures, and replacclIlf:nts thaI may now, elr al any time in the future, be part of the real eBlate described above (all refcn<<i to as 'Property''), 3. MAXIMUM OBLIf.tPW'6 b~' The IOraI prlncipal amount secured by this Security Instrument at any OWl lime shall nOI elCCeed $ ..............."..~........:"..................... . This limitation of amount does DOt include interesl and other fees and charges validly made pursuant 10 this Security Instrument. Also, this IiIllilalion does DOt apply to advances made under the tenns of this Security InsU1lmenlto prolect LeDder's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE AnV ANCES. The term "Secured Debt" is defined as follows; A. Debt incurred under the tenDS of all promissory lIOte(S), contract(s), guaranty(s) or other evidence of debt descri1iled below and all their extensions, renewals, modifications or snbstilutions. (When referencing the debts below it Is suggested IMI you include ilems such as borrowers' /UU71J!S, IU)//l amoU1lJs, interest rotes, mo./W'ity dates, etc.) Note dated August 9, 1999, between Green Tree Consumer Discount Company and Earl L Yocum, Eor $131,000.00, maturing August 13, 2024. (D lag4 B:ri;U. 5y.-tems;.lnc.. SI. Cloud, MN 11.S0Q.S,s7.2341) Form AE.MTo-PA 12/1 a/S4 ~D:rm. In #1111l14 ~: "V ~iU.W T ." r ~. .... "'.,,,, ~ I"':" '.'<..: ~ ftl ~pi~ .~ ,;? '1'lJ"i:t" r '1:;;'01'61 PONNSYlVANIA . MORTGAGE (NOT fOR fNMA, fHLMC. FHA OR VA USE) - " , ~*,{', . . '(?f'~r,~ Ut'I t~~ }1 B. All future advances from !.end<< to Mortgagor or alhw' future obli~1m.is of Mortgagor tD Lender 1IIIder any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor In fuvor of!.eDder executed after Ibis Sennity Inst:nlment whether or not this Security InslIUmeIlt is specifically reterem:ed. If more tllan one person signs tlrls Sel;urity Insll11lllent, each Mortgagor agrees that this Security Instroml:nt will secure all future advances and future Obligations that are given to or incuzred by any ODe or more Mortgagor, or any ODe or 1llOre Mortgagor and others. All filture advallCCS and ather future abligatillns are secured by this Security lnsttun:le1lt even though all or part may not Yilt be adva:nced. All future advances and other future obligations are seemed as if made on the date of this Security Instronlent. Nothing in this Security Inst/UJlleDl sblllI constitute a colDJI1itment tD make additional or future loans or advances in. any amount. AIr; such commitment must be agreed to in a separale wrilin8. C. All obligations MOItgagor owes to Lellder, which may later arise, to the: extent not prohibited by law, including, but not Ilmited to, liabilities for overdra.fls relating to aD.Y deposit account agreement between Mortgagor and Lender. D. AU additional sums advanced and CXJ1enses iDCUtIed by Lender for IDSurlng, preserving or othcrwis<:: protecting the .Property 1llJd its value and any other SUlIlS advaJJCed and e:<peDSes incurted by Lender under the terms of this Sec1lrity Inst:nlmelll. )i li .> ',i II :: " I, !" This Security lnsttument wiU not secure any other debt if Lender fails to give any requillld notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and In accordance with the tellllS of the Secured Debt and this Security Instnlmem. 6. WARRANTY OF TITLE. Mongagor warrants that Mortgagor ill or will be lawfully seized. of the estate conveyed by ~~ Security Instcnment and has the right to grant, bargain, COIlVey, sell, and mortgage the Property. Mortgagor aIsa warrants that the Property is unencumbered. except for encwnbrances of record. 1. PRIOR SECURITY INTERESTS. With regard to any ether moItgage, deed of trust, security agreelJlCllt or olhw' Ii,en doclllllellt that created a prior security Interest or encumbrance on the Property, Mortgagor agrees: A. To make all pa)'IllClllS when due and to perform or comply with all covenants. B. To proDlptly deliver to Lender any notices that MOItgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any futute advances under any note or agreement secuxed by the lien documem without Lender's prior written consent. ' 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assesSlllel1l8, liens, encumbrances, lease payJllents, gtOUIld rents, utilities, and other charges relating tD the Property when due. Lender may require Mortgagor to provide to !.eDder copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against aD.Y claims that would Impair the lien of this Security lnstmment. Mortgagor agrees to assign to Lender, all requested by Lender, any rights, cJaiIDS or defenses Mortgagor may bave against parties wbo supply labor or materials w 'Po;ntoln ot improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lmtler roay, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbra:nce, t:ra.Ilsfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.P.R. 591). as applicable. This covenant shall 1'\1lI with the Property and sblllI remain In effect until. the Secured Debt is paid ill fWl and this Security Instl:ument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are rcasollllbly necessary. Mortgagor shall not commit or allow any waste, Impolnn",,!, or deterioIation of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupallCy 1llJd use wlI1 DCt substantially change without Lender's prior written consent. Mortgagor will not pennit any change In any IiceDSe, restrictive covenant or easement wilhout Lender's prior written consent. Mortgagor will DCtify !.eDder of all ~",,,,ntis, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. C19a4 Bri..... s.y.temu. Inc.. &t-ClCl.ud,MN (1.800-387-23411 rormfl!-MTa..PA 1211al5'04 f ,71'7 of 51 no.. ~-'--'iiiIiiIil~. . .. . Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the p1I1]lOse ofillSJlccting the Property. Lender shall give Mortgagor notice at the time of or before an illSJlcction specifying a reasonable jlUIpOse for the inspection. Any illSJlcction of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the coveDalllS contained in this Security Ins=m, Lender may, without notice, perform or caUSe them to be performed, Mortgagor appoints Lender as attOlDey in fact to sign Mortgagor's IJalIJC or pay llDY anwunt necessary for PerfOl'IDallCC. Lender's right to perfollll for Mortgagor shall not create an obligatio.n to perform, and Lender's failure to perform will not preclude Lender from exercising any of Le:Jlder's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable =r, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys llIld mortgages to Lender as additional security all the right, title and Interest in and to any and all exUlting or future leases, subleases, and any other written or verllal agreements for the use and occupane)' of llDY portion of the Property, iIlcluding any extensious. relll~, modifications or substitutions of such agreements (all referred to as "Leases") and rents, Issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true llIld corrcct copies of all e;dsting and future Leases. Mortgagor may collect, receive, e!\ioy and use the Rents so long as Mortgagor is not in delimit UDder the terms of this Seourity Instrumenl. Mortgagor agrees that this assignment is immediately effective between the parties to this Security lnstt'Iunent and effecti:ve as to third parties on the recording of this Security InstrUment, and this assigrlment will relllllin effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make paYlIICnts of Rents due or to becoDll: due directly to Lender after such recording, however Lender agrees not to notify Mort&agor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mort&agor.'s tenants PllY all Rents due or to become due directly to Lender, On receiving IlOtlce of default, Mortgagor will endorse and deliver to umder any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security l'ns!nllllel1t. Mortgagor wa:rrants that no default exUlts under the Leases or any applicable landlordltenam law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a Ullit in a condominium or a planned Ullit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regubtiolls of the condominium or planned Ullit deVelopment. 14, DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when cine. Mort&agor will be in default if a breach OCCllIS under the terms of this Security lns=nt or any other document executed for the purpose of creating, securlIlg or guarantying the Secured De!>t. A good faith belief by Lender !hat Lender at any time is insecll1'e with respect to any person or entity obligated. on the Secured Debt or tbat the prospect of any payment or llIe vabJe of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances. federal and state law will require Lender to provide Mortgagor with Deltice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if llDY, Lender Illay accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgllgor is in default. At the option of Lender, aU or any part of the agreed fees and charges, accrued interest and prIndpal shall become immediately due and payable, after giving notice if required by law, upon the occurre= of a default or anytime thereafter. In addition, Leuder shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security InstromeDt and any related doCuments. All remedies an:: distinct, cumulative and not exclnsIve, and the Lender is entitled to all remedies provided at Jawor equity, whether or IlOt expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated. or after foreclosure proceedings are filed shall not constitute a waiver , of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's defaalt, Lender does IlOt waive Lender's right to later consider the event a default if it continues or happens again. _" {' /7 of 61 (1)1994 B:Il'lkefl -Svlt_m" lroc.. Sl. Cloud. MN (1.aOO.397'234fl Form AE-Mia-FA 12/18194 ~~ - A",,," ~, , = . ~~~.~ . - " 16. EXPENSES; ADVANCES ON COVENANTS! ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in lhis Security Insttumem. Mortg~gor will also pay on demand any amount illCurnd by Lender for insarlng, Inspecling, preserving or othetwise protecllng !be 'Property and Lender's security interest. Th* expenses will beat intexest from the date of the payment lIJlli1 paid In fuII at the highest interest ralll in effect as provided in the terms of the Secured Debt. Mortgagor agtee$ to pay all coSlS and expensi:s incurred by Lender in collecting, enforcing or protectiJIg Lender's rlgbls and remedies 11llder this Secnrity I'nstrWIlCnt. This llJ1lOUIIl may illClnde, oo.tls not limited to, anorneys' fees, court coslS. and other legal ~=. This Security I'nstruInent shall remain ineffece until :released. Mortgagor agrees to pay for ~ ECCordatiOll costa of suc!! release. 17. ENVmONME.NTAL LAWS AND HAZARDOUS 'SUBSTANCES. As used in this section, (1) BnvirollIDllntal Law IIlClIDS. without limilauon, the Comprehensive Environmental ReS]lOllSe, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.). and all odIer federal, stace and local l~ws, regnlations, 01'llimmces, coun ordm. attorney general opiniQus or interpretive leecers concem!llg the public health, safety, weffilre, envirolllllCDt or a hazardous substance; and (2) Hawdous Substance means any to;dc, radioactive or hazardollS materlal, wasw, pollulaIlt or conl~"';n.nt which has characteristics whicb ': tl:Jlder !he substance dangCIll\1S or powntlally dangerous to the public health, safety, welfare or environment. The term h1cIudes, without limitation, any subsrances defined as "hazardous material,. 'toxic substances,. 'hazardous waste" Or "bazardollS substance" IllIlIer any EnvirOJlJllellta1 Law. Mortgagor represelllS, WamllllS and agree$ that: A. Except as previously disclosed and ackllowledged in wrltiJIg to Lender, DD Hazardous Substance is or will be located, stored or :relellSed on or In the Property. This restriction does oot apply to small quantities of Hazardous Substances that are gene.rally recognized to be appropriate for the DDrmal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writiDg to Lender, Mortgagor and every temnt have been, are, arid shall remain in fuII compli_e with any applicable 'EnvironmentaI Law. C. Mortgagor shall inunediacely notify Lender if a release or threatened release of a Hazardous SubslJllll:e occurs on, 1lJIlk,r or about the Property or there is a violation of any Environmental Law com:cm!ng the Property. In such an event, Mortgagor sball take all necessary reznedial action In accordance with any Envlronm-..w Law. D. Mortgagor sball immediately IICtify Lender in wrlliDg as soon as Mortgagor has reason lD believe there is any pending o:r tbreatel!ed irivestigation, claim, or proceeding relating to the release or threalened release of any Hazardous Substance or lI1e violauonofany BnvironmentaJ Law. 18. CONDEMNATION. Mortgagor will give Lender pzolIIpt notice of ~ pending or threatened action, by private or public entities to purchase or take any or all of the Property through coIJdenlmtion, el1linent domain. or any Other m=. Mortgagor authorizes Lender to intervene in Mortgagor's naIl1C in any of the above described actiollS or claims. Mortgagor assigns to Lender the proceed9 of any award or claim for damages COlUlCCted with a conde.amation or odler taI:ing of all or any part of the Property. Such proceeds sball be considered paymentS and will be applied as provided in this Secluity Instrument. This assigJllllCnl of proceeds is subject to the IIlrms of any prior ll1Ortgage, deed of trust, SCC1I1ity a~nt or other lien doCllllleJll. 1!). INSURANCE. Mortgagor shall keep Property insured against loss by lire, flood, theft and other bazards and risks :reasonably associated with the Property dUe to its type and location. This lnsur.mce shall be m.lntaill<'d In the amounts and fur the periods tbat Lender requires. The Insurance carrier providing the lnsurancc sball be e!!osen by MoItgagor subject to Lender's approval, which sballllOt be umeasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, ae Lender's option, obtain covCl:llge to protect LeDrler's rights in the Property according to the terms of this Security lIlst:runlenl. A!! insurance policieS and renewals sball be acceptable co Under and sballlnclude a standard "ll1Ortgage clause" and, wbere applicable, "loss payee clause." Mortgagor shaIl1mmeiliately notify l.eIllIcr of cancellation or termination of the insurance. LelldeJ: sball have the right to hold the policies and ICIlCwaIs. If Lendet requires, Mortgagor shalllmmediate1y give eo Lender all receipts of paid premitllllll and renewal notlees. Upon loss. Mortgagor shall give imrnediaw notice to the illsuraooe carrier and l.erIder. Lexu:Ier may make proof of loss if DDt made i1lunediawly by Mortgagor. l'O1 ~G4 B.w1kulI SV~III"" 11'1I1.. Sr. Claw. MN 11.S00':381~2~ 11 Fotm AE.MTG-PA 12/1 8/84 f :l?4 of 6J _ill<i-a1 1- ~ ..~'" ~ 10 ~. " ,-, ,,,J , ~"'- . ~ . Unless otl1erwis~ agreed in writing, aU illSllIll1lCe proceeds sbaU be applied to the restoration or repair of the Property c,r to th~ Secured Debt, whether or DOt then due, at LeDder's option. AI1y application of proceeds to principal sbaU not exteml or postpone the due date of the scheduled payment nor change the amount of any payment. AI1y excess will be paidl to the Mortgagor. If the Property is acquired by LeDder, Mortgagor's right to any insurance policies and proceeds resnlting from damage to the Property before the acquisition shall pass to Lemler to the extent of the Secured Debt il1llll:diate1y belbre the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Uuless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes ami insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lemler upon reque/it, any fiDaJlCial statement or information Lender may deem reasonably necessary. Mortgagor agrees 10 sign, deliver, and fUe any additional documents or certifications ll1al Lender may consider necessary to perfect, continue, and preserve MoItj:agor's Obligations under this Security lDStrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO.SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor sigllS this Security lDStrument but does DOt sign an evidence oIF debt, Mortgagor does so only to mortgage Mortgagor's inleresf in the Property to secure payment of the Secured Debt and MortgagOr does not agree to be personally liable on the Secured Debt. If this S<=rlty Instroment secures a guaranty bc:tween Lender and Mortgagor, Mortgagor agrees to waive any righlS that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, bnt are DOt limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Securlcy Instrument may extend, modify or make any cbange in the tenDS of this Security Inslnunent or any evidence of debt without Mortgagor's consent. Snell a change will not release Mortgagor from the terms of this Securlty Instnunent. The dllties and benefits of this Security Instrument sl1all bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Securlty Instrument is governed by the laws e,f the jurisdiction in which Lender is located, except to tb.e exrcnt otherwise required by t\1C laws of the jurlsdiction whe1e the Property is located. Tbis Security Insttument is complete and fully integmted. Tbis Security Instrument may.naCbe amended or modified by oral agreelllelll. Any section In lI1is Security Instrument, attachments, or any agreement related to the S..:ured Pebt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the VariatiOllS by wrillen agreelllent. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the ,singular shall inclu~ the plural and.the plural the singular. The captions and headings of the sections of this Security Instrument il11~ for convenience ouly and are not to be used to inleIpret or deiine tb.e ter.ms of lI1is Security Instrument. Time is of the essen:e in this Security Instrument. 24. NOTIcE. Unless otb.erwise required by law, any notice shall be given by delivering it or by znailing it by first class mail to the appropriate party's address on p~ge I of lI1is Security Instrument, OrlO any other address designated in writing. Notil:e to one mortgagor will be deemed to be notice to all mortgagors. ",. . . .....~ " .,.. oJ '.JII, 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement r<;I~'ilrl~:fu~the:P.IQp#ity. )?'''';J... 50~"",-:" ~ f ..... /....-;. ~..;;.::\,r.. ~ i-;<;:- ~:-:: E :: ".:~ 9 ,....}-.: ....... -"... ~o~~ ~..:r:-E -:or:.'~ ,:\"to-o-;:'.: 0:.....0 . ."- .".1 ~ ':....... ~ t.... ... :-,.. .......-... '""'~ ... ."'.........:: ~- ...... .. ttl1984 B~rI Sy-ltorn., Inc., St. Cloud, MN 11.800.387.234 I) Farm RE-MTo-PA 12118184 f' /';l ol6} .. ~ - -'"'-- ~= ~. - -."1 1iIiiiiI1!!!!li,lI,Y_ . , .. 26. OTHER TERMS. If cl1ecked. the followiDg arc applicable to this Security Instru:meDt: o Line of Credit. The Secmed Debt includes a revolving line of credit provision. Although the Secured Debt may be [educed to a zero balance, this Security !m;1:r\lInent will remain in effect until released. o Construction LolUl. This Security Instrument = an obligation iItcun:ed for the constnICtion of an itnproveme~:t on the Property. ' , o Fixture Filing. Mortgagor grantS to Lender a s~ty inte:test in all goods tIJat Mo~agor owns now or in the future and /bat are or will become fumrtes n:lated to the Property. This Security Ins~ suffices as a financing StalelllleDl and any carbon, photographic or other reproduction may be filed of record for purposes of Atticle 9 of the Unif-ann ColllllleICial Code. D Purchase Money. This Security Instrument = advances by Lender used in whole or in pan 10 acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and sball be construed as a p1lrCbasc IDO'ney mortgage with all of the rights, priorities and benefits thezeof llIIder the laws of the ColllDlOnwcaltb. of Pel!llSylvania. o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D RIders. The covenants and agreements of each of the riders checked below are incolpOrllted lDlo and supplement aDd amend the terms of this SecurIty Instrument. (Cleek all applicable boxes] o CoudDmitdumRider D Planned Unit Developlllllnt Rider D Other ................................................... o Additional Terms. SJ:GNATURES: By signing below, Mortgagor, /nt""<:flng to be legally bound hereby, agrees to the terms and covenants contained in this Security Instl'WllllDl and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Ins!nllllent IJn the dale stated on page 1. ~1:f,,{iI'~..........&.:.~~1 ...... ..... ....~l<'.~~.a&~....... (W"Jlnc55) (Witness) ACKNOWL~=~LTH OF ...:e:'~~~r.~~~E-?:~............9~UNTY OF ..~~~;.l?\..of...} 55. ~ ... On this. the .u.....~.............. day of .......~9S{ll.~~I...t.~....,.................f before Ine ...........h........,.............1 . d ffi --" _...... Earl" Yooum the un:deIsigne 0 eer, pelSO.I.liU1y ".l"l^"'I"r.-u. .........................................................................................,. ..................................................................1......................, k:oown to me (or satisfactorily proven) to be: dlo person(s) whose name(s) Is subscn'bed to ~e withln insllullleDt, and ac1alowledged that he/she e:tecutcd the Sam.:1 for the pUIposes therein contained. .h......................................................................... (Sl;..tur<tJ (Date) .......................................................................,..... .~ witnes~ whereof, I h=to set my hand and official seal. ,;~..~:-;-.. ~ #~M~niffsi'i1 ,"'j' NOTARIALStAL . S" S'<,.-J. co}IJ,~. ,9 .~... res. L B CHILCO'TE,llolal'J PubllO ;:;:>.:.,~ "co.:.}-'. WENDa. b I d"ounh' .~~............... ............... ;; ~i;;;'- >:n';1 Camp Hili Boro, Cum ar an ~ " ~ -<~~ ~ ~F' i MycommlsslonE:tplr9sJunet1,2002 " .....-:.'''- ."f -'>. ~ ~.......,.,{. ~... ~:, ............................................................................ ~ ~"'.(f. ~1; ~...,' 'I1llcoEOJIkct ,.~,~,.. "",.,~ . '1'-0 ..'...",,...... . . ____~... Gr~C111 Tre.& CoU\IIIlI!l1:' Dil!lG'ouur:. Company It is hereby. ci:rtlfied iliat tlie address of the Lender withln~ Is: ............................................................................ 3401 Har-t:zd. .a,l. c Dri",:,;. .S.~~.~.~~~.~ .::~...~.~~.'..;.~~X~:v:~.~::'... ~.~?!::.......... _t. u.. .0. ............00.. .......... ........... .... ...... .... ................ ......... ..................\......................H......................................... ~'994 anal SVIt6m..ll"oC'.. SI, CJQud, MN 11..soo.3G1.,234U Potm Re-MTQ.PA 1.2119194 (pogo 6 o( 61 ... ~~, " .. . EXX:rBIT A Leaal Description. ALL THAT CERTAIN PROPER'I"l SITUA'rED IN THE BOROUGH OF MOUN'I' HOLLY SPRINGS, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 09/23/96, RECORDED 09/24/96, APPEARING AMONG THE LAND RECORDS OF 'THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 146, PAGE 370 Parcel IO: 23-35-2316-045 - - ~ '-"0-1 -~ ......""lle' -- CONSECO FINANCE SERVICING CORP. Pennsylvania 7360 S Kyrene Rl\ietice of Default and Act 91 Tempe, Arizona 852.8';4-1-583 8884.1 I 5~87.33 ~t CONSECO. Date: January 12,2000 ACT 91 NOTICE IMPORTANT; NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS EARL YOCUM 116YATESST." MOUNT HOLLY SPRlNGS, P A 17065 Loan No. 6904417737 Date: January 12,2000 Mortgaged Premises: 116 YATES ST. MOUNT HOLLY SPRINGS, PA 17065 Certified Mail #: Z 205 160 742 Social Security No: 204305063 " FROM: Conseco Finance Consumer Discount Company YOUR MORTGAGE is IN SERIOUS DEFAULT because you have not paid promptly installments of principal and interest and escrow, as required, for a period of at least SIXTY (60) days. The total amount of the delinquency is $3990.98 That sum includes the following: $1173.82 due 11/13/99, $1173.82 due 12/13/99, and $1173.82 due 1/13/00, plus late charges of 5469.52 and return check fees of 50.00. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE 1HAT WILL PREVENT FORECLOSURE on your mortgage if you comply with the provisions of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (the "Act"). Y01;t may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF TIllS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. Under the Act, you are entitled to a temporary stay offoreclosure,on your mortgage for thirty (30) days from the day of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. 1HAT MEETING MUST OCCUR IN THE NEXT TIITRTY (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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Ruth Hernandez Conseco Finance Mortgage Services Division 7360 S Kyrene Road Tempe,PCZ 85283 (800) 603-1109 EXHIBIT ~~Bn !~ mm . - L- '~~.~I!IlIiiliW!..: : , "1El;/W,) CONSECO FINANCE SERVICING CORP. 7,605 Kyrene Rood Tempe, Arizona 852.8j.4-S83 fd . 888"; [,j-B-d'it" .. . The names and addresses 0 eSlgnated consumercre counselmg agencIes are on the enclosed lIst. one face-to-face meeting. You should advise this lender immediately of your intentions. ~:" CONSECO. It is only necessary to schedule . If you have tried to and are unable to resolve this problem at or after your face,to-face meeting, you have the right to apply for [maneial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finanee Agency. The consumer credit counseling agency will assist you in filling out your application. IT MUST BE FILED, OR POS1MARKED, WITHIN TIITRTY (30) DAYS OF YOUR FACE- TO-FACE MEETING. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit c~U!lseling agencies on the enclosed list. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P. O. Box 8029, Harrisburg, PA 17105. Telephone Number: (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. An application for assistance may be obtained from this lender, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICA nON PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETIER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY. Available funds for ellJergency 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 APPLICA nON IS ACCURATE AND COMPLETE IN EVERY RESPECT. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to mak;e a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you 'have met the time requirements set forth above. You will be notified directly by that Agency ofit's decision on your application. In addition, you will receive another notice from this lender under Act 6 of 1974. That notice is called a ''Notice ofIntention 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 descnbed in this notice, we cannot foreclose upon you during that time. Also, if you receive [mancia:! assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistancll. Sincerely, . fW.t.tt, ~ Kelly Holding Mortgage Collections Supervisor Conseco Finance Mortgage Services Division (800) 603-1109 Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc; Customer File 1s:t UE > : ' ii~~"-~~~flllliJMl<'JiiiW- ""'~"""'f.Tiifilii!lB!iBi.fltilIiiii""""'.-~,-""~" rr1l!Y~!&"~_'~- it , .'" "',~'" ,','." ,- '~'~-=.'~~.''''''--'~- "' "'.., .,J.:~ - ~,.~ () C ~ ""t1,r-, tTl.t 2.,1 ~~ r::C ~~~ .~._:;C' ~f:; L. =<! ..~., " ,1_-:-.:. -~' -. c. c. o " ,.., .r:: r'''' -n "i----:; ~'~'~8 ':~,~~~ ;~~ ~~ ~ _J -< , ~ ,_." r= co u ~-._'" r'>-:J ~ '0 , bW,; , " SHERIFF'S RETURN - NOT FOUND l CASE NO; 2000-01046 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EARL L 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, DEFENDANT YOCUM EARL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , YOCUM EARL L NEIGHBORS ADVISED DEFT MOVED APPROX. 2 MONTHS AGO. POST OFFICE HAS NO FORWARDING ADDRESS. Sheriff's Costs; Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~~ R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 08/01/2000 Sworn and subscribed to before me this -U-- day ofLLH.f Jo-o-tJ ~ r ~ - 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 Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 ~ ~ ". .k~WV Attorney for Plaintiff Cumberland County Court of Common Pleas TRUE COPY FROM RECORD In T estinlOllY whereof, I here unto set my halld and the seal of said ~~,j Carlisle, Pa. ~ Ttntl ~~~ ~a! ~~'fMr~21~ honotary Number 02660 - Id{~ C.c..>~tT~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or Objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 AVISO Le han demandado a usted en la corte. 5i usted guiere defenderse de eetas demandas ex~puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una camparencia escrita 0 en persona 0 con un abogada y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que ai usted no se defiende, la corte tamara medidas y puede continuar la demanda en contra suya sin previa aviao 0 notificacian. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de eeta demanda. Usted puede perder dinero 0 sus propiedades u atras derechas importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlA T AMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TALSERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRJTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17Q13 (717) 249-3166 ~ "". - - ", J w'~ ' :! McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philade1phia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Disccount Company f/k/a' Green Tree Consumer' Discount Company,' a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Earl L. Yocum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 116 Yates Street, Mount Holly Springs, PA 17065. 3. On August 9, 1999, 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 1563, Page 579. -"' I '..l..IlIilil.':'L 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Yates Street, Mount Holly Springs, PA 17065. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November, 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 Interest 10/99 through 2/1/2000 (Plus $35.17 per diem thereafter) Attorney's Fee Late Charges Penalty Cost of Suit Appraisal Fee Title Search $130,743.11 $ 3,847.72 $ 6,537.15 $ 586.90 $ 6,419.48 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $148,684.36 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 as amended under 12 PA Code Chapter 13, et ...,. seq., commonly known as the Combined Notice of Delinquency has 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,1l WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $148,684.36, together with interest at the rate of $35.17 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. --- e~ i >-- J\ I mfCU..: o....lJ-L- JRRENCE J. c ABE, UIRE Attorney for aintiff ~J L~ ~!M,' VERIFICATION I, Terrence J. McCabe, Esquire, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904, relating to unsworn falsification to authorities. --:r;- ^ h,1f'O Q) ~ In ~oJjJ.... TERRENCE J. C BE, QUIRE DATE; 02/~OO ,,~I ~ ~ ~_l.... . . . COIlllnODWealth or !'elU7Sylvanla copy Spaee Abov. TbiJ LiDo Fo. R...rdlng Data OPEN-END MORTGAGE APPlic..'i.!""i:" \ Wo'NNl3~' This Mortgage secures future advances 1. DATE AND PARTIES. The date of tbis Mortgage (Security Instrument) is ...~~~~~...~.!...~?~?............. lllld the partics, their addresses and tax identification lIIIIIIbers. if required, are as follows: MORTGAGOR: Earl L Yocum single man o If checked, refer to the allaChed AM"J:J<!l1rn incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER; Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. Por good and valuable collSideralion, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's perfOI1ll3IlCe under tbis Security Instrument, Mortgagor grants, bar!:ains, conveys and mortgages to Lellder the followiug described property; See Exhibit A Parcel I.D. :/I: 23-35-2316-045 . . CUmberland The property 18 located in .14..... ................................................... .............. at ....-......u............................... ..... (COIIDly) , . - . 17065 .....oo .... ..... ......... .............oo. ....... ..... ....... ..oo.....oo .......... ...:.. ....... ..... .... ........., Pennsylvama ..... .......... ... ....... (A<lcln:s3) (cio/) (ZIP Cod.) Together willi all rights, easements, appurtenances, royalties, mineral righlB, oil and gas righlB, all water and riparian rig:llls, ditches, and water stock and all existing and future improvements, struclUJeS, fixtures, and replacements that may now, elr at any time in t!Ie future, be part of the real estate described above (all ceferred to as "Propcrty'1, 3. MAXIMUM OBLIf.t.P.cmi b~' The total principal3lllOUllt secured by this Security InstmmcIlt at any oue time shall noc exceed $ ...................~.......:........................ . This limitation of amollllt docs not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the lerlllS of this Security Instrument to protect Lender's security and to perform any of the covenan!s contained in this Security InstromeIJt. 4. SECURED DEBT AND FUTURE AnV ANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the tenDS of all promissory lXlte(S), contract(s), guaranty(s) or other evidence of debt descrilbed below and all their e;<tcnsions, renewals, modifications or substitutions. (When rtferendng the debts below it' Is suggested that you include items such as borrowers'1UU1reS, lUll/! amoUJlis, lit/crest rotes, mo.twity dates, etc.) Note dated August 9, 1999, between Green Tree Consumer Discount Company and Earl L Yocum, for $131,000.00, maturing August 13, 2024. PONNSYLVANIA. MORTOAoe (NOT rOR rNMA,rHLMC. rHA OR VA USE) (01 B04 BriM.. SyItDIn~ Inc.. SI. Cloud. MN 11.aoO'31J7.2341) Form AE-M'TG-PA 12/1 a/64 I'Ol':tP. tD #111.184 ~:., ~, ii", ~ Otf," [ '1:;;1 OJ' 61 ~~ ~-~ . ~, -~ I '\l'"i'~ J4;>f, ; . . 'I.?;:-'\'" r. ~ B. All fultU'e advances from Lender to Mortgagox or ~ fumr: o6li;:lioJ.:' of Mortgagor lD Lender UIJder any promissory DOte, COntract, guaranty, or other evidence of debt executed by Mottgagor in lilvox of Lender executed aftel' Ibis Sel:urity Imtrun:lent whether or not this Security Instrument is specifically referem:ed. If more lIlan one person signs this Sel:urity Instrun:leDl, eacb Mortgagor agrees that this Security l'nat:nunJ:.nt will secure all future advances and future obligations that llIll given 10 ot im:urred by anyone or mon: Mortgagor, or anyone or more Mortgagor and others. All ~~ture adVllI1Ce8 and other future obligations are secured by this Security l'natrUlIlellt even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security InstIllment. Nothing in this Security l'naU'Ulllmt sbal1 constitute a commitment to make additional or future loans at advances in: any amount. Any such commitment muse be agreed to in a separate writlIlg. C. All obligatiollS Mortgagor owes to Lender, which:may later mise, to the extent IlOt prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. AU additional SIlIllS advam:ed and expenses incmed by Lender for illSllring, preserving or otherwise protecting the Property and its value and any other SUlllS advanced and expenses illCtl1'ted by Lender under the tenns of this Security Im!IUDlClU. This Security IlI8tr11ment will Dot secure any other debt if Lender fails 10 give any required notice of the rigbt of rescission. 5. PAYMENTS. Mortgagor agn:es that all payments under the Secured Debt will be paid when due and in accol'll:ulce with lbe terms of the Secured Debt and this Security Instrument. 6. WARRANT\' OF TITLE. Mortgagcx warrants that Mortgagor is or will be laWfully seized of the estate conveyed by tJbis Security Insln1Dlent and bas the right 10 grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is uncncw:nbered, except for CDC11lIlb=es of tecord. 1. PRIOR SECURlTY INTERESTS. With regard to any {llber mortgage, deed of trust, security agreement or other lilm doc\llllC1lt that created a priox security interest or encumbrance on the Property, Mortgagor agrees: A. To make all pay.ments when due and to perform or comply with a.Il covenants. B. To promptly deliver 10 Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances 1Dldtr any note or agreement secured by the lien document without L@nder'sprior written consent. ' 8. CLAIMS, AGA,INST TITLE. Mortgagor will pay all taxes, asseSSlWIlts, liens, CllCUDIbrances, lease payments, ground rents. utilities, and ollier charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts arc due and the re<:eipts evidencing Mortgagox's paymcm. Mortgagor will defend tille to the: Property agai~l any claims that would impair the lien of this Security Instrwncnt. Mortgagor agn:es to assign to I.cDdcr, 1Il1 requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor ox materials lei maintain or imProve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the S=red Debt to be immediately due, and payable upon the creation of, at contract for the creation of, any lien, eIICUIllbr:ance, transfer ox sale of the Property. Tbisright is subject to the restrictions imposed by federal law (12 C.P.R. 591), as applicable. This covenant shall run with the Property and shaI1 remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDmON, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and nJake all repairs that arc reasonably zrecessary. Mortgagor shall not commit or allow any waste, In:lpair:mcnt, at dewrioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the llllture of the occupancy and usc will not substalllially change without Lender's prior written consent. Mortgagor will not pcrnUt any clui:Dge in any license, restrictive covenant or casement without Lender's prior written consent. Mortgagor willllOtify Lender of all dl"".ndS, proceedings, claims and actions against Mortgagor, and of any loss ot damage to the Property. S)1994 Bri....s:v-.tM"..Inc:., $1. Cfol.d,MN (1.800-387-23411 FGtmR/!-MTG-PA 1:l11818A. {:/;:I 0151 ~ ~ _'_'0_ 0 I;.. ", "'"' . , . Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable limll for lite purpose ofinspecling the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable pmpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in DO way :[1:ly on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, willtont notice, perform or cause thm to be performed. Mortgagor appoints LeJJder as atto:mey in fact to sign Mortgagor's IIllIIlC or pay any lUllonnt necessary for perfol'lllllIICC. Lender's right to perfonn for Mortgagor shall not create an obligatio.n to perform, and Lender's failure to perform will not preclude Lender from exercising any of u:nder's other rights under the law or this Security Instrument. If any COllStruction on the Property is discontinued or llOt carriBd ,on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, inc:luding completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevooably grants, bargains, conveys and DlOrtgages to Lerider as additioDal security all the right. title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substilUtions of such agreements (all referred to as "Leases") and tents. issues and profits (all referred to as "Rents'1. Mortgagor will promptly provide Lender with true and coneet copies of all e;dsting and future Leases, Mo~tgagor may collect, receive, e~oy and use the Rents so long as Mortgagor is not in default under the terms of this Security InslIUlllenl. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will Imllllin effective Until the ObligatiolllS are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Renlls due or to become due directly to Lender after such recording, however Lender agrees IlQt to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mongagor and Mortgagor:'s tenants pay all Re.nts due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to l..ender any payment of Rents in Mortgagor's possession and will receive any ReIllS in trust for Lender and will not comminglle the ReIllS with any other funds. /my amounts collecled will be applied as provided in this Security Instrument. Mortgagor Wlllnnts that no default eJdSts under the Leases or any applicable landlord/tenant law. Mortgagor also agrees 10 maintain and require ~ tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply witlli the provisions of any lease if this Security Insl11Ullent is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perfonn all of Mortgagor's duties under the covenants, by-laws, or regulatiolllS of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security InstrUment or any other doCl1lllllnt executed for the p1lIpOse of creating, securing or guarnntying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respeet to any person or entity obligated on the Secured Debt or that the prospect of any payment or the valtle of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT.ln some instances, federal and state law will require Lender to provide Mortgagor with lwtice of the right to cure or other notices and may establish time schBdules for foreclosure actions. Subject to these limitationl, if any, Lender ttlay accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortg:lgor is in default. At the option of Lender, all or any part of the agreed fees and charges. aeerned interest and principal shall bBCOme immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter, In addition, Lender shall be entitled to all the renredies provided by law, the terms of the Secured Debt, this Security Instrument and any related doCuments. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity. whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not e;tercislng any remedy on Mortgagor's defaalt, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. ~, ('/70f6J ltl19S4 B:Il'\ltorl SYI1,ms,I/'IC., Sr. Clcud, MN (1.aOO.39Nl3411 Form F1E.MtCH'A 12/18184 ,,_J' " ""'!i<~' . - ", 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. &cept when prohibill:d by law, Mongagor agrees to pay all of Lender's e.penses if Mortgagor breaches any covenant in lhis Security lnstrwIlCllt. MortgagQr will also pay on demand any amount iocWIed by Lender for iDsming, lnspeeting, preserving or othe:rwise protecting the: 'Property and Lender's security interest. Thesa oxpenses will bear interest from the date of the payroom muiI paid in fiill at tile bighest inte= rate in affect as provided in the terms of !he Secured Debt. MortgagoI agIi:CS to pay all costs and oxpellSes incun'ed by Lemler in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, bllt ls not limited to, attorneys' fees. court costs, and other legal e;<penses. This Security lnstnllneut shaI1 remain in effect mu:il released. Mongagor agrees to pay ror any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS'SVBSTANCES. As used in this section, (1) BnviroIlll1tntal Law nu:ans, withollt limitation, the Comprehensive Enviroll"le~tal RespoJJSe, CompetlSlUion and Liability Act (CERCLA, 42 U.S.C. 5'601 et scq.), and, all other fedenU, slate and local laws, regnJatiollS, ordil!ances, court orders, attorney general opiniODlI or interpretive letters concerning the public health, safety, welfiu:e, envirolllllent or a hazardous substance; and (2) HawOOus SabstaIlce means any to~c, radioactive or hazardous materla1, waste, pollutant or con..mlnon. which has characteristics wInch reJll!m' the, SIlbstanca dangerous or potentially dangerous to the public health, safety, welfare or envirolllIlellt. The h:rm iJlcIudea, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Enviro=ntaJ Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Sabstance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances tIlat are generally recognized to be appropriate for the DOnna! use and D1alntenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, Illlll shall remain in full compli8llCe with any applicable 'Environmental Law. C. Mortgagor shall illlJJlCdiately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or aholll !he Property or there is a violation of any Environm~rtt~1 Law concerning the Property. In such an evenl, Mortgagor sbaIl take all necessary remedial action in accordance with any Envitonme.utal Law, D. Mortgagor sIJall immediately ootify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threat=<! ilIl'estigation, claim, or proceeding relating to the release or threate:oed release of any Hazanious Substance or ll1e violation of any EnvirolllllC1llal Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or pubIi(: entities to purchase or take any or all of the Property through COMP.1t1notlon, eminent domain, or any other means. MortgagoJ' authorizeaLender to interVene in Mortgagor's name in any of the above de8cribed acliollS or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages colllleCted with a condellltllltlon or other taking of all or any part of the Property. Such proceeds sIJall be considered paymentll and will bo applied as provided in lhis Security Instrument. This assigDlllt:lIl of proceeds ill subject to the temlS of any prior mortgage, deed of ttost, security agxeemelll or other lien docwnel1l. 19, INSURANCE. Mortgagor shall keep Pmpe.rty insured against loss by fire, flood, theft and other hazards and risks reasonably BSSOcialed with the Property due to its type and 10catlol1. This lnsurm:e shall be molntol""l1in the amoWltS and for the periods that Lender requires. The insurance carrier providing the illS1ll'aIlCe shall bo chosen by Mortgagor SIlbject to ,Lender's approval, which sbaII not be UDIeasonably withheld. If Mortgagor fUls to maintain the covemge dl:scrlbed above, Lender may, at Lemler's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security lnsl:r:Ument. All iIlS1l11lllCe policle8 and renewals sball be acceptable to Lemler and shall include a standard "mortgage clause" and, where applicable, "loss payee clause.. Mortgagor shall immerliate1y notify Lender of cancellation or temliDation of the insumlce. Lender shall have the right to hold the policies and zenewals. If Lender requires, Mortgagor sbaIl immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor sbaU give immediate notice to the i:nsurallce carrier and Lender. Lender may make proof of loss if not made lmtnediate1y by Mortgagor. lD 1 QG4 8Mk.,. Svtt.ml, 1M.. St. Claud'. MN 11-800-::187-234 11 Form AIi-MTo-PA '2119/94 f ?40f5J ,.......~ I ~ - ~t 1!1"."~!< . . Unless otherwis~ agreed in writing, aU illStltllllCe proceeds sball be applied to th~ restoIlltion or repair of the Property or to th~ Secured Debt, whether or DOt then du~. at Lender's option. Any I\PPlication of proceeds to principal shall not e,Jttend. or postpone the due date of th~ scheduled payment nor chang~ the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any iJJSll1allJ;~ policies and proceeds resalting from damage to th~ Property before the acquisition sball pass to Lender to the extent of the Secured Debt illllllCdiateIy be:fore the acquisition. I , i~ Ii; i' Ii 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AN!) ADDmONAL DOCUMENTS. Mortgagor will provide to Lender upon reque:st, any financial statement or information Lender may deem reasonably n~cessary. Mortgagor agrees to sign, deliver, and .li1e any additional docllIllCnts, or certifications that Lender may coDSider necessary to perfect, continue, and preserve MOI1gagor's Obligations under this Security Instrument and Lender's lien status on the Property. ZZ. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOllM>. All duties under this Security Instl'UDlCnt w:e joint and individual. If Mortgagor sigllS this Security InstrUlllellt but does Illlt sign an evidence (,f debt. Mortgagor does so only to mortgage Mortgagor's interesf in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally Hable on the Secured Debt. If this Security Insl:rUIllent secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that Jllay prevent Lender from bringing any action 01: claim against Mortgagor or any party indebted under the obligation. Tbese rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Securlty Instrument may extend, 1llOdi!y or make any change in the tel'lDS of this Security Instrument or any evidence of debt without Mortgagor's consent. :Sl:lch a change will not release Mortgagor from the terms of this Securlty Instrument. The duties and benefits of this S<=curity Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. ): I , Ii, I !!- I:. I! I' 'f: I;i 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. Thls Securlty Insl1'UInent is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise n:quircd by t!1e laws of the juiisdiction where the Property is located. This Security Instrument is complete and fully integIllted. This Security Instrument lilay,norbe ameDded or modified by oral agreement. Any section in this Security Instr:ument, attachments, or any agreement related to the Sc:cured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly pennits the varlatie,ns by written agrceD!ellt. If any section of this Security Instrument cannot be enforced according to its te.nJlll, that section will be severed and will Illlt affect tbe enforceability of the remainder of this Security Instrument. Whenever used, the singular sball includo the plural and.the plural the singular. The captions and headings of the sections of this Security Instrument at!l for convenience only and are not to be used to inteJpret or define the tenus of this Security Ins=t. TIme is of the essence in this Security Instrument. 24. NOTIcE. Unless otherwise required by law, any notice sbaIl be given by delivering it or by Ill8iIing it by first class mail to the appropriate party's address on p~ge I of this Security Instrument, or tD any other address designated in writing. Nooice [0 one DlOrtgagor will be deemed to be notice to all mortgagors. " .." '. ~ ......", . ~ ...~ \'.;.\ ... ~-'J... 25. WAIVERS. Except to the extent prohibited by law, Mortgagor walves any nght to appraisement r'l~.to~thl!'P.r~~rty. )'1. .~... ~,J;- ............ ~ j .... ........;. ..~;...:....,I,'.. ~ ~_:-;:o ~...~ ~ =....~ 9 ....:)-. -= . ':~ !...: = ;o'~,," :!:!t.:!;E ~.-:. 'I' ~"t-...~.: \"~ . :I.."J ~~:........t;i' l .. ",........,.......... '"',.. .. \'lo"'~._"" ... ...... .... ;".=: .... ~ 1994 Bner. SV.flcmz, Inc., St. Cloud, MN t 1.600.;367'2:3411 Form F1E-MTo-PA 12/16/94 f' ;t';J "f 6) "'1lIlII .. ~~ ... oj alll ~~- .~ - , ". ~.. ....,~:i!!, . , i' 26. OTHER TERMS. If cbecked. the following are applicable to this Security Jnstrument: D Line or Credit. The Secared Debt incIudcs a revolving line of credit provision. Although the Secured Debt may be teduced to a zero ba!anccl, this Securlty InstrllmeDt will remain in effect until :released. D COIIStruct1oD Loatt. This Secutity Instrument SCl;W'eS an obligation iDcun:ed for the consttuctlon of an improvement on the~~~. , D FIxture Filing. Mortgagor g:llIlItS to Lender a security interest in an goods that Mortgagor owns !lOW or in the future IUld that are or will become lixtu:tcs related to the Property. This Security Instrnment suffices as a fin.ndng StalelllCnt and any carboll, photographic or other tcprodnction may be filed of feootd for purposes of Article 9 of ihe Unironn OlJlUlleI'CiaI COde. D Purchase Malley. This Secority InstrUment secures advances by Lender used in whole or in pan 10 acquire: the ' Property. Accordingly, this Security rnstrnment, IUld the lien hereunder, is IUld shall be constrlled :IS a purch:lSc money IIIOrtgage with aU of the rights. prlorilles IUld benefits thereof under the laws of the Commonwealth of PeJlDSylvania. D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE IN'l'EREST RATE. D Riders. The covCDanl3 and agr=e1llS of each of the rldeI8 checked below are Uu:ozporated lnto IUld supplCIDellt IUld amend the terms of this Security IDStr1Imlmt. (Oleck all applicable boxes) o ClndominiwnRider 0 planned Unit Devel~.ll.ider 0 Other ................................................... o Additional Terms. SIGNATURES: By signing below, MOrtgagor, inteoding to be legally bo\llld hereby, agrees to the terms and covenanls contail1ed in this Security InsUl1JDelll and in any attach:ments. Mortgagor alBa acknowledges receipt of a copy of this Security Instnllllent on \be date stated on page 1. .~(~,.,...............15.:~1'1 ...... .... .. ~l...~~.o&~....... CWIWSS) CWrtnes.) ACKNOWL~=~LTH OF ...~~~~.r.~:":~:::~~............9~UNTY OF ..~~;.l(.\.J..} 8:1. ~ '\. On this. the ........~.............. day of .......~H~~,R.J;..~.~.u.,...,............. before JDe ...................................., . d ffi --" _.... Il.r~ r. Yo._ the u.ndcIs:ig:ne 0 cer, pe1'SO.I..LiIJ.lY "Jo'J:"o"l-'....... .. ............ ......................... .......... ....... ............... ......... ..... ..... ". .................................................................... ......................, mown to .tl1t' (or satisfactorily proven) to be lhIl person(s) whose lI3IIle(s) is subscn'bed to ~l: within instrument. and acknowledged that he/she e:l:ecuted the same tor the PUIposes therein contained. (Signature) ............................................................................ (Da.,) ...........................................................................".. In witness whereof, I hereunto set my hand IUld offiolal seal. ~f!i.u" ,'';:' '. ,,~~M~~~si;;i1.e"'lres: NOTARIALS~,':. p b\l ~~~ If! ..,. ~ :"" ',~ ,~,'.' We"DELL B CHILCOiE. lW,al'/ U C l:f ;'!\.....~-v'" -1~" l"t . bid Counhl 'f. ........... _.. ............ ....... ........ ............... ~ F;f;i " .' ~ Camp HlII Boro, Cum er an '1 g -<~:s s: ~:::=:: My Commission Exlllras June 17,2Q02 ':.:r.;. . ~: ! " "':<''l.~ ... _Q. ~ G..~':1' ~.. .J: z ...........................................,................................ ~. ~..~f,.: ,,~.. "..... 'I1llooIOffi= . "/'-a ....... '.,..,,~ . . . . GreeU 'l'rce Cona\ml.l!l'~ DilSQQW:U: CQtapany It is hereby- cCrtified i:hat I:lie address of the I.ender Wtthin.named 18: ................................................. ........................... ,",0:1, Ua.):t2Sd211e .D.t'i.,:~. .~~:~::.~~~.~ .~~..~.~~.'..;.~~X~~~~~...:-.!~.~:.......u.. ........... .... ...... ...., .... ...... ...... ........... .... .... ........................... ....,.......,....,.".,..................................................1....... C01D84 BlIr1kcr,SV.t6m" rr'lC.. St, Cbud, MN 11.80Q..31l7.:>.341J ForrnRE-MTG-PA J2I1ft194 (1"09 6 o( 6) - ,'~ . I. iiIJ.llilbcJ.!,k . . EXH:IB:IT A Le~al Descri~tion, ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY AND COMMONWEALTH OF I'ENNSYLVllNIA BEING MORE FULLY DESCRIBED IN DEED DATED O~/23/~6, RECORDED O~/24/~6. APPEARING AMONG THE LAND RECORDS OF THE COllN'I'Y 1IND STATE SET FOR'tH ABOVE IN DEED BOOK VOLUME 146, PAGE 370 parcel ID: 23-35-2316-045 , , I' "I I; ii 'I I 'I , II 'I i'i --- ~~ - 8~.l1~! ~'~ CONSECO FINANCE SERVICING CORP. Pennsylvania 7360 S Kyrene RNotice of Default and Act 91 Tempe. Arizona 8p.B,4-+583 888-3 [S-8735 ~:. CONSECO. Date: January 12,2000 ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS EARL YOCUM 116 YATES ST. 'j MOUNT HOLLY SPRINGS, P A 17065 Loan No. 6904417737 Date: January 12,2000 Mortgaged Premises: 116 YATES ST. MOUNT HOLLY SPRINGS, PA 17065 Certified Mail #: Z 205 160742 Social Security No: 204305063 FROM: Conseco Finance Consumer Disco~t Company YOUR MORTGAGE IS IN SERIOUS DEF AUL T because you have not paid promptly installments of principal and interest and escrow, as required, for a period of at least SIXTY (60) days. The total amount of the delinquency is 53990.98 That sum includes t~e following: $1173.82 due 11/13/99, $1173.82 due 12/13/99, and $1173.82 due 1/13/00, plus late charges of$469.52 and return check fees of $0.00. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL 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, and ifyclu meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF nns NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. Under the Act, you are entitled to a temporary stay offoreclosure,on your mortgage for thirty (30) days from the day of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. THAT MEETING MUST OCCUR IN TIIE NEXT TIIIRTY (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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Ruth Hernandez Conseco Finance Mortgage Services Division 7360 S Kyrene Road Tempe,ilZ 85283 (800) 603-1109 EXHIBIT usn (~ wm -- - ,~ ,h, "SloW> C ONsaco FINANCE SERVICING CORP. 7 J 60 5 Kr,ene Rood Tempe, Arizona H):!.B3..UB3 The names and addresses of designated coJsWnbl-'CPedft counseling agencies are on the enclosed list. one face-to-face meeting. You should advise this lender immediately of your intentions. ~.~ CONSECO. I I';: v !.; It is only necessary to schedule . ii' :' I', , If you have tried to and are unable to resolve this problem at or after your face-te-face meeting, you have the right to apply for fmancial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. IT MUST BE FILED, OR POSTMARKED, WITHIN THIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING. Iii Ii I' " iii ':1 ::1 "~I " !:! You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit c,lIll1seling agencies on the enclosed list. ii I'; i" The Pennsylvania Housing Finance Agency is located at; 2101 North Front Street, P. O. Box 8029, Harrisburg, PA 17105. Telephone Number: (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. An application for assistance 'inay be obtained from this lender, from a consumer credit counseling agency, or directly from the PelUlsylvaniaHousing Finance Agency. ." , IT IS EX1REMEL Y IMPORTANT THAT YOU FILE YOUR APPLICATION PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTIIER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY. , ;.; Available funds for eI1}ergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. ' IT IS EXTREMEL Y IMPORTANT THAT YOUR APPLICATION IS ACCURATE AND COMPLETE IN EVERY RESPECT. 1he counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make: a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency ofit's decision on your application. In addition, you will receive another notice from this lender under Act 6 of 1974. That notice is called a ''Notice ofrntention to Foreclose". You must read both notices since they both explain rights that you now have under PelUlsylvania law. However, if you choose to exercise your rights descnbed in this notice, we cannot foreclose upon you during that time. Also, if you receive fmancial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistance. Sincerely, . ~~ Kelly Holding Mortgage Collections Supervisor Conseco Finance Mortgage Services Division (800) 603-1109 Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File 1:at La - ~ili6isli"'..J,--- ,M-~t-'-"'"'~~liliBliiiillIIiIiiII ' - ' ~~~,-_.j,"",>,. ............... < - <,,'~' '~\~'~" , ("" ",/~ '..-/' , -::';J -'j ;,/, TJrJrUl crnurnm T"t , Mill ~r"'. ", ___" _ ~~_ .,')f,.., " ''',>, ,e' , ~ - -~,~ - . - ,~.... ~ -,' ". , "-< ,,'"'' , " .",,.;;,_'-1 @#i \fUll ?"J21 ~ ___-::t il't~ ~Lr ~j-1r '\'G_z; h Q i-- ~- f ~ ~ t; ~ & ~ , ~~ ~ f r - " " ""~~ "-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 CONSECO FINANCE CONSUMER DISCOUNT: COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS EARL L. YOCUM NUMBER 2000-1046 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENa~~ ;,;,: Attorney for Plaintiff - !!i&~-~ ,d.", ..~-, ~ ~, -LU .~........ 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 Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 .... ~ ~-=, < ~~ Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02660 - Id{~ Cc..>~tT~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 (7171 249-3166 AVISO Le han demandado a usted en la corte. 5i usted quiere defenderse de estas demandas ex~puestas en las paginas siguientes. usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sua defensas 0 BUS objeciones a las demandas en contra de su persona, Sea avisado que ai usted no ae defiende, la corte tomara medidas y puede continuar la demanda en contra suya ain previo aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TALSERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7171 249-3166 "~-> ,"",.>--. ~ "lillmt, 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 Attorney for Plaintiff Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE l. Plaintiff is Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Earl L. Yocum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is l16 Yates Street, Mount Holly Springs, PA 17065. 3. On August 9, 1999, 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 1563, Page 579. "'~'_._-,......"""'"" - ;' - ~- I~,~ WJ.~, 4. The premises subj ect to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Yates Street, Mount Holly Springs, PA 17065. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November, 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 Interest 10/99 through 2/1/2000 (Plus $35.17 per diem thereafter) Attorney's Fee Late Charges Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $130,743.11 $ 3,847.72 $ 6,537.15 $ 586.90 $ 6,419.48 $ 225.00 $ 125.00 $ 200.00 $148,684.36 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 as amended under 12 PA Code Chapter 13, et ~ j'~"~ .~ ~- " .~- .,...- JI ,,' Hlll.llt~, seq., commonly known as the Combined Notice of Delinquency has 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 liB," WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $148,684.36, together with interest at the rate of $35.17 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. """,,--~"""-"""" ~=~ - -, . VERIFICATION I, Terrence J. McCabe, Esquire, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904, relating to unsworn falsification to authorities. -:r; ^A.LmQ^~ cn&eoJM- TERRENCE J. C ABE, QUIRE DATE; 02/~oo -", -.- -'1;,1:__ !II! ~ ~.~"....... c~ c. "~~'~"" .J ~ --", '~,,'.i . . . CODllllO.wealth of re....ylvlllIla copy Spooo Ahove ThIs LIne For Rooordlng Dsla OPEN.END MORTGAGE APPli.c"1~ " Wo7Nl.,3'?38, This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...~1!:~!'!!;:...~.!...~?~?............ ute! the parties, their addresses and tax identification lllI!Ilbers. if required, are as follows: MORTGAGOR: Earl L Yocum single man o If checked, refer to the auached Addemlupl incolpOrated herein, for additiOnal Mortgagors, their signatuIes and acknowledgments. LENDER; Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. Por good and valuable co.nsideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mongagor's performance wuIer this Security Instrume13l, Mortgagor grants, barg;dns, conveys and mortgages to Lender the following described property: See Exhibit: A Parcel I.D. # 23-35-2316-045 , 11le property is located in .......~~.~.7:~~~............................................... at ................................................. ICOWlty) , , . 17065 ........... ......................... ................. ......, ...... ....... ........ ..,........ ......... .......... PeIlIlSylvama .......... ............... (Mdr=) (Cif1) (ZIP Codr) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian riglllS, ditches, and water stock and all eldsting and future improvemems, struclUJes. lixtares. and replacements that may IIOW, or at any time in the future, be part of the real estate described above (all referred to as "Property''). 3. MAXlMVM OBLIfWcmi b~' The total priDclpal amoUDl secured by rhls Security InslIUll1ell1 at ~ Ollll time shall110t eltCeed $ ...................~........:....................... . This Iirilitation of aIllOuDl does not iDclude iDlerest and other fees ,illd charges valldly made pursuant to this Security Insl:J:ument. Also. this limitation does not apply to advances made under ,the terms of this Security IIlStrume13l to protect Lender's security and to perform ~ of the covenants colllaiDed in this Security !Ilstrum.ent. 4. SECURED DEBT AND FUTURE AnV ANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the tCIlllll of all promissory note(s). contract(s), guaranty(s) or other evidence of debt descn'bed below and all their e:<tensions, rellllwals, modifications or SUbstitutiollS. (When referencing the debts below [t is suggested that you include [tUns such as borrowers '1tQ111eS, /U1te amoWliS, interest ltItes, maturity dates, etc.) Note dated August 9, 1999, between Green Tree Consumer Discount Company and Earl I, Yocum, for $131,000.00, maturing August 13, 2024. P1!NNSYLVANIA. MORTOAoe (NOT POR PNMA, PHLMC.I'HA OR VA ~SEl ~ tau Brillltl 5.,~om!r, lner., $1. Cloud, MN 11'SOO.3S7.2341J Form RE-MTG-PA 12/1 "/S4 Po~ In #1111S4 ~~ F V ~~u.BJ 1 &. p, "'Ii ~;]~ ~~~ ~v . 1-:4. r i:Jf of 6) ~......,-~- ~ " ~. ,.~_.. " ~~".- ~.I ~li'~: . . ~JI?"'-~,,,,....,.., ~ ~ . "ti~ .:. ~:. I U r I 'q.. I' B. All future advances from Lender to Mortgagor or ollier futurt obligaiillns of Mortgagor to Lender umlcr any promissory note. connact. guaranty. or other evideDCe of debt eJteClIted by Mortgagor In flIvor of Lender executecl after this &:curity Instnll:llent whether or not this Security Instmment is specificaIly referenced. If more lllan one person signs this Sectlrity Instnll:llenl. eacb Mortgagor agrees that this Security Instr1l:lllent will secure all future advam:es and future obligatlons that are given to or iDCUIred by anyone or more Mortgagor. or anyone or more Mortgagor and othern. All future advances and other future obligatiollS are secuted by this Security Instrument even though all or part may not y~1 be advanced. All future advances and other future obligations are secured as if made on the date of this Security !Dstnlnlcnt. Nothing in this Security Instnlllllml shall constitute a comnntment to make: additional or future lOaDS or adVllIlCCS in any amount. Any such coramitment IlIust be agreed to In a Bepante writing. C. All obligations Mortgagor owes to Lender, wbich may later arise, to the elttent not prohibited by law, including, but DOt limited to, liabiJities fur overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender fur 1ll8llIiIlg, preserviug or otherwise protecting lhe Property and its value and any other sums advanced and expeoses incurted by Lender 1DJder the terms of this Sectuity Instrumelll. This Security IllSlrUlnl:nt will not secure any other debt if Lender fails to give any required DOtice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and In accordlwce with die terms of the Secured Debt and this Security Instnunent. 6. W AllRANI'Y OF TITLE. Mongagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and bas the right to grant, bargain, convey, sell. and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for em:umbrances of record. 7. PRIOR SECURITY IN'rER2STS, With regard to any {llher IlIOrtgage, deed of trust, security agreement or other lien document that created a prior security interest or encunIbrance on the Property, Mortgagor agrees: A. To make all payD!e1llS when due and to perform or cOIllpIy with all coveDants. B. To promplly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modi1ication or extension of, nor to request any future advances 1lllder any note or agreement secured by the liell documelll without Lender's prior wriuen coJJSent. ' 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, asseSSlllent8, liens, encumbrances. lease paymeDtS, ground rents, utilities, and other charges relatiug to the Property when due. Lender may requlre MOrlSagor to provide to Lender copies of all! notices that such amoUllls are due and the receipts evidencltJg Mortgagor's payment. Mortgagor will defelld title to the: Property against any claims that would illlpair the lien of this Security Instrument. Mortgagor agrees to assigll to Lender, as requested by Lender. any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. OUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt 10 be lllllD.ediateJy due and payable upon the creation of, or colltIact for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restriCtiOllS imposed by federal law (12 C.P.R. 591), as Applicable. This covenant shall tun with the Property and shall remain In effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property In good coJldition and tnake all repairs that are reasonably necessary. Mortgagor sb>Ul not commit or allow any waste, illIp.lnn"lll, or deteriollltion of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not subsl8lltially cbatlge without Lender'sprior wrltten coJJSent. Mortgagor will oot pernlit any clIange iJ1 any llcCIJSe, restrictive covenant or easement without Lender's prior written CODSCUl. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. <<)19&4 ~SVItDm..lncl., 51. Cfaud, MN (1.800-387-23411 FotmRe:-MTG-PA 1.2/1818'" [ ,7!;1 of 61 w;; .......' - --- "'"",, .......~ ~''''~-- " . - . ~r or Lender's agents may, at Lender's option, enler the Property at any reasonable time for the purpose ofinspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection spccifyiDg a llr.lIlonable pwpose :for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in Ibis Sl~urity Instroment. Lender may, without notice, pexform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any lUllOunt necessary for perfol'lllllIlCO. Lender's right to petfonn for Mortgagor shall not create an obligatio,n to perform, and Lender's failure to perform will not preclude Lender from e=ising any of Lender's other rights under the law or !his Security Instrument. If any construction on the Property is discontinued or not carried tin in a reasonable JDlIIlner, Lender may lake all steps necessary EO protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, title and Interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, relll~wals, modlfu:atioDS or subsotutioDS of such agreements (all referred to as "leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all emting and future Leases, Mortgagor may collect, receive, e!\ioy and use the Rents so long as Mortgagor is not in detault under the lemIS of this Security InsErumenl. Mortgagor agrees that this assignment is immediately effective between the parties to tbis Security Instl1unent and effecti:ve as to tblrd parties on the recordiIl& of Ibis Security Insttument, and this assignment will remain e!fel;ave unrllthe Obligations are salisl'ied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make paYllleIlts of Rents due or to become dne directly to Lender after such recording, however Lender agrees ootto IIOtify Mort&agor's tenants unliI Mortgagor defaults and Lender notifies Mortgagor of the default and """"~ds that Mortgagor and Mortgagor-'s tenantS PilY all Ret1lli due or to becoOle clue directly to Lender. On receiving mace of default, Mortgagor will endoISe and deliver to l:Jmder any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and wlI1 not commingle the Rents with any other funds. A:D.y amounts tollected will be applied as provided in this Security Instrument. Mortgagor wllI:tants that no default exists under the Leases or any applicable land1ordltenanllaw. Mortgagor also agrees to maintain and require any lenanlto comply with the terms of the Leases and applicable law. 13. LEAsEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with: the provisions of any lease if this Security Instrument i.s on a leasehold. If the Property iDeludes a unit in a condominium or a planlled unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulatiolllS of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt falls 10 make payment when due. Mortaagor will be in default if a breach o=s under the lemIS of this Security IllStrUIIlent or any other document execnlecl for the purpose of creating, securing or guarantying the Secured Debl. A good faith belief by Lender !bat Lender at any anile is insecure with respecllo any person or emily obligated on the Secured Debt or that the prospect of any payment or !he value of the Property is impaired shall also conslitule an event of defaull. 15. REMEDmS ON DEFAULT. In some instances, federal and Slale law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time sc;hedules for foreclosure actioDS. Subject to these limitations. if any, Lender IIlaY accelerate the Secured Debt and foreclose Ibis Security Instmmerll in a manner provided by law if Mortg:lgor is in default. Al !he option of Lender, all or any part of the agreed fees and charges, accrued interest and principal sha1I become ilIlllle<l!l~te1y due and payable, after giving notice if required by law, upon the OccurreDCe of a default or anytime thereafter. In additIon, Lender shall be entitled to all the remedies provided by law, the lemIS of the Secured Debt, this Security 1nslrume1lt and any related dOCuments. All remedies are distinct, cumulative and not excllllSive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lerlder of ~y sum in payment or Parrla!- paymen~ on !he Se.::ured Debt after the balance i.s clue or is accelerated or after forecloSUtl: proceedings are filed shall not C011Sl1tute a walVer , of Lender's right to require complete cure of any exisang defaull. By not e;tel'cising any remedy on Mortaagor's defllult, Leudel'does not waive Lender's right to taler consider the event a default ifit continues or happens again. -:. f:1'7,,'6J <<11994 B;nken Sy.c_m... Ire.. SI. ClalJd, MN (1-800.3&7.2341) Form Flc-Ml'G-PA 1211e/84 - <, - "" ~ - " . ., " 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. &cept when prohibited by law, Mongagor agrees to pay all of Lender's explmSeS if Mortgagor breaches any covenant in this Security lDBtronu:m. Mortgagor will also pay on demo"" any amoUllt incw:red by LeDder for inswing, inBpeeting, preserving or otherwise protecting the 'Property and Lender's Becurlty interest. TheBe expeDBeB will bear intel'eBt from the date of the paymeDl1lDlil paid In tiill at the highest Interest ralll in effect as provided in the terms of !be Secured Debt. Mortgagor agrees to pay aU costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security InstlUment. Tl1iB amoUJll may inclnde, but is IIOt limited to, attorneys' fees, court coslB, and other legal expemes. ThiB Security Insl:rullle1lt Bhall remain in effect umil released. Mongagor agrees III pay for any ~rdation COSIll of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS 'SUBSTANCES, As UBed in this section, (1) Buviron"1ent.! Law =1nB, without limitation. the Comprehensive Environm.entalll.eBpoDBe, Coropensalion and Liability Act (CBRa..A, 42 U.S.C. 91501 et seq.), and all other federal, state and local laws, regulatioll8, OrdinancllB, court orders, attorney general opiniODS or interpretive letterS COIlCerning the public health, safety. welfarc, environment or a hazardons substance; and (2) Hazard)ns Snbstance means any toxic, radioactive or hazardous material, waste, pollutant or CO'1'l1minnn. which has characteristics which reJlder the substance dangerous or potentially daDgerons III the public health, safety, welfare or envirom:nent. The = includes, without Jlmitation. any subslanCes defined as "hazardous material," 'toxic substances,' "ha%ardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, Wamlll!S and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, 110 Hazardous Substance is or will be located, stOred or released on or in the Property. 'Ibis restxiction does IIOt apply to small quantities of Hazaxdous Substances that are genera1ly recognloed to be appropriate for the normal use and rnaln'""onr.e of the Properl)'. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor azul evCIY tenant have been, are, lItid shall remain in full COlllpllance with any applicable 'BnvJtonmental Law. C. Mortgagor shall1mm.diately lIOtify Lender if a release or lhmite:ned release of a Hazardous Substance occurs on, 1IlKIl,r or about the Property or there is a violation of auy Environm..ntal Law cnncerning the Property. In such an eVenJl, Mortgagor sbaII take all neceSSllly remedial action in accordance with any Environ-lIlal Law. D. Mortgagor sbaII immediately notify Lender in wrltillg as soon as Mortgagor has reason to believe there is any pendilIg or threatened investigation, claill:l, or proceecling relating to the release or threatened release of any Harardous Substance or lbo violation of any Environml!nhll Law. 18. CONDEMNATION. Mortgagor win give Lender prompt IIOtice of any pending or lhmitened actiOD, by private or public, elllities to purchase or take any or aU of the Property through condemnation, eminent domain, or allY other lIIeaIIS. MortgagoJ' authotU:es Lender 10 intervene in Mortgagor's name in any of the above clc8cribed actions or claims. Mortgagor assigns to Lender the proceeds of any awan:l or claim for damages COJlllCCted with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. ThiB llSSignmelll of proceeds is subject to the teIlDS of any prior lllDrtgage, deed of trust, SCCIlrlty agreement or other lien doc:wnent. 19. INSURANCE. Mortgagor shall keep Property Insured agaiIJst loss by fue, fiood, theft and other Iuu:ards and risks reasonably associated with the Property dUe to ilS type and localion. This iDsu:ram:e shall be mninhll""ll in the aIllOunts and for the periods that Lender requires. The insurance carrier providing the iIlS1l1'SIlCe sha11 be chosen by Mortgagor sulUcct 10 Lender's approval. wblchsbaJI not be unreasonably witbhe1d. If Mortgagor fails to maintain the coverage desc:ri.bed above, Lender mal'. at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security IDBtrumenl, All insurallce policies and renewals Bhall be acceptable to Lender and shall include a stallllard "mortgage claUBe" azul, where applicable. 'loss payee c:Iause." Mortgagor shall1mm...!iateJy notify Lender of cancellation or f!ll'lnlnatlon of the iDsur.mce. Lender Bhall have the right to hold the policies and IelIllWaIs. U Lender requires, Mortgagor Bhall 'immediately give to Lender all retei.pts of paid premiums and rene:WalllOtices. Upon loss, Mortgagor Bhall give ;mmMl~te notice to the insurance carrier and Lender. l:.eJJder lDBY malre proof of loss if not made immediately by Mortgagor. ltl1!;N 8.w'11:..rJl$vllt.m"lnc1., St. Cli:luc5, MN n.aOO.:sa1-1.'M1) Fon1lfl'H~TG-PA 12118184 , Jt?4 of 6J --!lj,' i i:' i;j I,) , I! ':i 'j "( , ,:1 ;1 ~i I Ii! i "I , ,;J 'I , ] \1 :i il 'I '] ,I II II h \1 ,i 111 " ~, . -, .< ,~~_. .' ~ld J J.> ..<iJj;JJ,,' , . Unless otherwise agreed in writing, all iIJsaram:e proceeds shall be applied to Ihe restoration or repair of the Property cO" to Ihe Secured Debt, whelher or not then due, at Lender's option. Any application of proceeds to principal sball not extend or postpone the due date of Ihe scheduled payment nor change the amo1lllt of any payment. Any excess will be paidl to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resnltiI!g from damage to the Property before the acquisition sball pass to Lender to the extent of Ihe Secured Debt ;mmNfiate1y before the acquisition. ,~ ,,. ;1 ,'I; (I 'I R! 20. ESCROW FOR TAXES AND lNSllRANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. r: ;'~ ~ i1 H " , i; i~ 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to LeDder upon requellt, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documeltlS or certifications that Lender may coDSider necessary to perfect, continue, aud preserve MortllBgor's obJigations under this Security lDslrlilnent aud Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. AIl duties under this Security Inst:rUIlJent are joint aud individual. If Mortgagor sig!ls this Security Instr\Ullent but does not sign an evideoce of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt aud MortgagOr does not agree to b. pexsonally liable on the Secured Debt. If this Security InstrUment secures a guaranty b;~lWeen Lender aud Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from briDging any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited tll. any anti-deticiellCY or one-action laws. Mortgagor agrees that Lender aud any party to this Secarlty lnsll:Ument may extend, D30dify or make any change in the terms of this Security InslnIment or any evidence of debt without Mortgagor's consent. ~:Uch a change will not release Mortgagor from the terms of this Secwit,y Instrument. The duties aud benefits of this Security Ins=t shall bind and benefit the successors aud assigns of Mortgagor and Lender. " " l:) (1 -:' (~ " I~ ;~ i-' !~ i rf 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Secarlty Instrument is governed by the laws c>f the jurisdiction in which Lender is located. CJl:cept to the extent otherwise required by t!J.e laws of the jurisdiction whete the Properly is located. This Security Instrument is complete and fully integmted. This Security lDstrument maY'IIDCbe ."",nrim or modified by oral agreeJllellt. Any section in this Secarlty Instrunumt; attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the varlatlo:os by written agreen;ent. If any section of this Security Instrument cannot be enfon:ed according to its tenns, that section will be severed aud will not affect the enforceability of !he remainder of this Security lostr\Ullent. Whenever used, the singular sball illCl~ the plural and'the plural the singular. The captions and headings of the sections of this Security lnstrunlCllt 8l1l for conveDiem:e only aud are not to be used to imeIpret or de.fine the leIIDS of this Security InstrunlCllt. Time is of the esslmce in this Security Instrument. 24. NOTIcE. Unless otherwise required by law, any notice sbalI be given by delivering it or by mailiog it by first class IWliI to the appropriate party's address on p~ge I of this Security InstIument, ono any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. ,.,,' ....... ,I "2.'. ..J. "./1' 25. WAIVERS. Except to the eXlent prohibited by law, Mortgagor waives any right to appralsement r~'~spt.td~~:P.!!?~. . ':....:.'J... ~~,-.......~ '\ $ .....:...~ .........\..r.. :: ~_:~ ~:~ E =.. ~""'" 2 ,....)-.: -= .:a-: -: = ~-:-:o .~\. ~:~ S .., '" ~~...~.: -,,:::;... . /,", ..''....../f? l .., :;,.. .....~....... "",~ 0" '.. "'......, ".i' ~ .~".:- .... l: (: !1 Ii !1 i~ C 1994 Brier. Sy-rlom:r, 1l'lC., 51. Ch:u.d, MN 11.600.3S7.2J.4 II Form RE-MTo-PA 12/19/94 f /:'"7-"61 " -~" , ~ ~ . _ ""'-oj!! . , ~ , 16. OTHER TERMS. If checked,the fullllwillg ate applicable III this Sccurlty 1nstxumen1: D Line of Credlt. The Sectu:cd Debt h1cludes a revolving liD<: of credit provision. Although the Secured Debt may be reduced to a zero balance, this Secwity lDstrument will remain in effect until :released. D CoDStruct1on LolUI. This Secutity lDstrument secures an obligation incurred for the collllttuctloll of an improvemen~ on the PropertY. ' D FIxture lUiug. Mortgallor grants 10 Lender a s~ty interest in all goods that Morl8agor owns now or in the future ami that are or will become fix1utcs :related to the Property. This Security !Dstrnment suffices as a "1UInoing stateltlCnt and llDY taIbon, photographic or other rcprodnction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. D Purchase Money. This Secority lDstrument secures advances by Lender wed in whole< or in pan 10 acquire the Property. Accordingly, this Security Iluit1'llInenl, and the lienhereundcr, is and sba11 be construed as a pnreha.se mn:oey mortgage< with aU of the rights, priorities and benefits thereof1lllder the laws of !he ColDIllOllwca1th of Penosylvania. o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INT.EREST RATE. D Riders. The covenants and agreements of each of the rldc.t8 checked below are h1corporatcd into and supplement 1m amend the tenlIS oftbis SecurIty IDStl:\JIDenl. [Check aU applicable boxes! D CondomlninmRidcr 0 P!amu:d Unit Development Ridcr 0 Other................................................... o AddItional Terms. SIGNATURES: By signing below, Mortgagllr, intllllding to be legally hound hereby, agrees to the terms and covenants containl:d in this Securlty IusU'lllll8nt and in any attachments. Mortgagor also acknowledges recclpt of a copy of this Security InstrDlllent 011 the date Stated on page 1. r;fi:r~~..........f,:~;;?} ...... ..... . ~l"~.Cld(~....... (W'IW") (Witness) A.CKNOWLE~=~LTH OF ...~::!!E:~r.~~~~~.~............ll~UNTY OF ..~~~:IAJ...} ss. ~ \. On thist the ........~.............. day of .......~H~~!t!...~.~....................., before Ule ....t..............................11 .~" ffi n."" appeared Earl r. Yocum the UJldcIsiI~ 0 cel. perso~ Ot. ............. ...................... ......t. of ..... ........ ..... ........................ .........................................................................................., :known to me (or satisfactorily proven) to be W person(s) whose IlSlIlC(S) Is subscn"be4 to li!-e within instrument, and acknowledged that he/she e=tcd the same for the p11IJloses therein colllained. t.............................................................................~. (Slslllt=) (Dale) .-........................................................................... In wilJ1esS whereof, I he:rewJto set my hand and official seal. II>..<!-..'~. .'~" ~~ #. ~ " , ..'6.,... eX] NOTARIAL SEAL . # .$'...~:2~~S!9n,~ lIeS: I. B CHILCOiE NotarY Publlo, , I#~'....~' ,~~..:.~t. WENDEl. b'j dCunhl ~...._.. ............. ............... ............... ~ f-t$ "In' ~ Camp Hili Boro, Cum er an 0 '1 g ..(;=~.. ::: ~::' ~ Mycomrolsslon Expires June 11,2002 :: ,~:- ~ , ".....~~ '''Jl' ~ . ~ ~ ~ 1. ~'5r."; o!'\.... .........H..~..................................~............................. 'i!}.....{r!. ,:,):.~.. 11llcofOllkot , .. 'I";:"~'", ','"",~ . Grei:m Tree C'cDSU:meZO DiaeOUtlt CompanY' It is hereby, certified lliat tlie address of the und.er within na.med is: ..................... ..... .fI...............................n.............. 3401 Hartzdale n~:l. ':~. .~~~:~. J:~~.~. ~~ ...~,~~:.. ~.~~~~~~~~~.. }.~ ?~;..........................u...... ........................ to... II..... ............................ ............................................................n.............. ~i1l94 Ba'lkflf1 s..,~..I\"lC.. St., Cb./d. tAN. lHIOO.3Q1.23411 Fottn RWTQ-PA ,VI al9-4 fp~g~ 6 of IS! ,~, "' .. Ic~"-~ ,...."'" ~~ ~, .. . , EXHIBIT A LeQal Desarintionr ALL 'I'HllT CERTAIN PROPERTY SITUATE:D IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 09/23/95, RECORDED 09/24/95. APPEARING AMONG THE LAND RECORDS OF 'l'HE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 145. PAGE: 370 Parcel 10: 23-35-2316-045 \ ~ . ~ ~-~- ~ .~~ ~ , . I. u~!iiil!lmllt;'. '"",,, CONSECO FINANCE SERVICING CORP. Pennsylvania ,,60 S Krrene FNfriice of Default and Act 91 Tempe, Arizona 8$18.;"-158) BSS-;; [5-87.3;; ~:. CONSECO. .' Date: January 12,2000 ACT 91 NOTICE IMPORTANT; NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS EARL YOCUM 116YATESST." MOUNT HOLLY SPRINGS, PA 17065 Loan No. 6904417737 Date: January 12. 2000 Mortgaged Premises: 116 YATES ST. MOUNT HOLLY SPRINGS, PA 17065 Certified Mail #: Z 205 160 742 Social Security No; 204305063 FROM: Conseco Finance Consumer Discount Company YOUR MORTGAGE is IN SERIOUS DEFAULT because you have not paid promptly installments of principal and interest and escrow, .s required, for a period of at least SIXTY (60) days. The total amount of the delinquency is 83990.98 That sum includes the following: $1173.82 due 11/13/99, $1173.82 due 12/13/99, and $1173.82 due 1/13/00, plus late charges of$469.52 and return check fees of $0.00. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL 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, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE. IT CpNTAINS AN EXPLANATION OF YOUR RIGHTS. Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the day of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. THAT MEETING MUST OCCUR IN THE NEXT THIRTY (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 proceedings in mortgage fOreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Ruth Hernandez Conseco Finance Mortgage Services Division 7360 S Kyrene Road Tempe, AZ 85283 (800) 603-1109 EXHIBIT UBn ~:::-.. Iii::! !Eiiii ......1:.. L~ ~ -~"~ .. 11IIoii1llJJ_,: '^ ~-.. ""', CONSECO. CONSECO FINANCE SERVICING CORP. 7;605 Kyrene Road Tempe, Arizonil85:!.83~..J.'i83 Th d ddr fd' d 8H8-U.;-S-d"i!" I' . hi' e names an a esses 0 eSlgnate consum<:rcre counse mg agencIes are on t e enc osed hst. It is only necessary to schedule . one face-to-face meeting. You should advise this lender inunediately of your intentions. . '. If you have tried to and a~e unable to resolve this problem at or after your face-to.face meeting, you have the right to apply for [mancial assistance from th~ Homeowners' Emergency Assistance Fund. In order to do this, you must fill out, sign and me a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. IT MUST BE FILED, OR POSTMARKED, WITHIN THIRTY 1(30) DAYS OF YOUR FACE-TO-FACE MEETING. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must fIle it at the office of one of the designated consumer credit c'i'll1lSeling agencies on the enclosed list. The Pennsylvania Housing Finance Agency is located at; 2101 North Front Street, P. O. Box 8029, Harrisburg, PA 17105. Telephone Number; (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. An application for assistance 'may be obtained from this lender, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME It\1MEDIATELY. Available funds for eIr}ergency mortgage assistance are very limited. They wiJI be disbursed by the Agency under the eligibility criteria established by the Act. ' IT IS EXTREMELY IMPORTANT THAT YOUR APPLICATION IS ACCURATE AND COtvIPLETEIN EVERY RESPECT. The counseling agency will help you to fill out the application, The Pennsylvania Housing Finance Agency has sixty (60) days to mal<;e a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You wiJI be notified directly by that Agency ofit's decision on your application. In addition, you wiJI receive another notice from this lender under Act 6 of 1974. That notice is called a ''Notice ofIntention 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, we cannot foreclose upon you during that time. Also, if you receive [mancia! assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistanc,e. Sincerely, . ~~ Kelly Holding Mortgage Collections Supervisor Conseco Finance Mortgage Services Division (800) 603-1109 Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File 1@r ,-- 11MIIlI 1illiItiIM~'.' ,. "~"''"''*!i''ifi~j1i!JMiji\IW~i'l1ili:i~ti~~~\"''''.ili..l....." -"""....'~ " '" ~. ~Iiilllii ~.'~ (') f;; ~- ~c~~ rni'-~ 2-';; 2r w.,'-" -< ..~ ~6 ~O '<:'u -c:: 2 ::< - .:,~) +- I-.~~ -,~, C:;J <'::0 Q " -, t..;. c ~ 'f .,-j ',. n"/:n ,,"'f1 -~:;) c,"J :~(::, i:5,~~! (:51~orl ,-1 " CD -< h, :1( - - ,I',", - ~~- <.. .1- n''';'i SHERIFF'S RETURN - REGULAR CASE NO; 2000-01046 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EARL L HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOCUM EARL L the DEFENDANT , at 0017;45 HOURS, on the 9th day of November, 2000 at 116 YATES ST MT HOLLY SPRINGS, PA 17065 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED WITH NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs; Docketing Service Posting Surcharge So Answers; 18.00 4.96 6.00 10.00 .00 38.96 r~~K~~ R. Thomas Kline 11/14/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By; 7~~~ Deputy She ' f me this J...2....,( _ day of ~.)~ A.D. 0,,;;. , CL 'iIA...';JU'/~ rothonotary . C,.., ~,,"c~--, ~ ',."", -.,,-";,--,-- -:^'.,"..eC -'~ " -,-'J -""""'1-'0 "';;;::"""._ '.'-,1 ^'""~'I 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 CONSECO FINANCE CONSUMER CUMBERLAND COUNTY DISCOUNT COMPANY, f/k/a GREEN COURT OF COMMON PLEAS TREE CONSUMER DISCOUNT COMPANY v. EARL L. YOCUM NUMBER 2000-1046 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on November 7, 2000, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Earl L. Yocum, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055. True and correct copies of the letter, certificate of mailing and certified receipt are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on November 9, 2000, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the .'~"", '". "0'-":''''' ~.'- "ro'-' ,.--,,;/,,' ":j",~':", "",,' -_~'_, ,'. _ ,'l'~__' ,,c' ;':.1,,', ,', '.-..-,- -'---'""""1 ,I II II < I , , ! Complaint in Mortgage Foreclosure upon the Defendant, Earl L. Yocum, by posting the same at the mortgage premises of 116 Yates Street, Mount Holly Springs, PA 17065. A true and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." -- tJ //~" ~ TERRENCt; J. MCCABEVS IRE ..--' SWORN TO AND SUBSCRIBED BEFORE ME THIS 2'lrlltDAy OF 7J~, 2000. Ii II i i I I I NOTARY LIC NO ARIAL SEAL , TRACY A, RIFF. Noiary Public City of Philadelphia, Phila, County Commission Ex ires Oct. 23, 2004 ..h~_~~.. ') ." '_0 -~ ~ ' _J _,__"'_, ""or ''OCT 1 'I 2000J McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification ~umber 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT: COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS EARL L. YOCUM NUMBER 2000-1046 civil Term o R D E R AND NOW, this 18t:.~ day of C9chobe R , 2000, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Earl L. Yocum, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055, and further by posting at the mortgaged premises known in this herein action as 116 Yates Street, Mount Holly Springs, PA 17065. BY THE COURT; /Slfnm d iooJ -^~"~.,.. -~-" ...~WlIiit~i,_ TERRENCE J, McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA. PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 November 7, 2000 Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, PA 17055 Re: Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company v. Earl L. Yocum CUmberland County; C.C.P.; Number 2000 1046 Civil Term Dear Mr. Yocum: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, TERRENCE J. McCABE TJM/lw Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7099 3400 0014 2627 0022 RETURN RECEIPT REQUESTED \T "^\~ r:XHlB ., ~. 7099 3400 0014 2627 0022 C)I 0)[ :I:J ~i~ifi ~, ~ r\,~4=~M ~ _ f' "'l'\ ~i?:l ~ ~ S-'r:\"',-,~:~ QI ~ 'r-... : Sili-i I/O ~' : "1J: ~ 'if} ~, ~~I m '"r I, <::... ~ f/'t r f_P! ~ 1-, I rg tri,. ~ C. IV O~ "\ i- ha S' ir\l ic Ii ~i1) i:3~ ~ it' i l~-.,~j' i i ~ './ 1Jtv.. - \ ...... I I ~ _, vV(.t". ~\ c;! ! !<(\i ",):-:1 \I'j j j ~t'. 1/011 )V~>' V\:: .),,_ ~ II i ~~.. '0 cn " "n " ;;i ~l "I , co :! '0 :" ~: i,' ~l " 00 , " , 1\'" i}~ 'a h ~l? ffi'~ ~" ii!' m , ~ ~i ~3 ia,:o () "l~. ~ ~~ ~ ,~ @";:r ;c ... .BID ltI CD ,- -, ""'~r~ .. "'s;c: " i;g)>. . <-< ~ n . -'" ~ <' ~m 0 . ~ ~c: '" ~ o~~ a "0 ~ ~ 2"T'1tn so: CI'lOgJ ~~ :5 0 >e" ~ 2s;m ~1Jl ." .!" .{,::l ::I: e" ~ == ",>0 "'2m 1TI S;o :Il c;; ~z -f " '" 1:; m ......- mm'T1 '" ",,- :::t: Cil 20 ?> ' >J> ..J;> ::!-j ~ ;z :i1m Cl 1'0 ... n s;'T1 '0 0 ~s: ... z 0 ~ oj> <> e- m'" =< "'- :0 22 n eGl ... '~ US po.'''' , . ! " \.',j: ,~,~. ,'I ' ill) . \1 If (" ~ I "1" " UJ '. n ;b,;;:;: .U u ; ':I I r~\-"--" ~\ F ~ig;~f~!6~ . , . - ~ ."'''',=~" "~ ~"~"., J ~......" ~~ , " SHERIFF'S RETURN - REGULAR ..clk j' 9ASE NO; 2000-01046 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EARL L HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT,FORE was served upon YOCUM EARL L the DEFENDANT , at 0017;45 HOURS, on the 9th day of November, 2000 at 116 YATES ST MT HOLLY SPRINGS, PA 17065 by handing to' POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED WITH NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs; Docketing Service Posting Surcharge 18.00 4.96 6.00 10.00 .00 38.96 So Answers: r~~~<~-s.t R. Thomas Kline 11/14/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By; ?:l~4'~ Deputy sheiUf me this day of A.D. EXH\B\1 "B" Prothonotary - """," '*-~~~-''''''.:~~l!i_MiIlIil~~~~iIIililiiiJLL --,i j~f _C";: ,,_;ll'_~~ 'L """""'JL: ~~~~3iliIiilIiI1- ~ 0 0 c.> -., ri:fE 0 cc:J r"1 r) fh:!1 ~ I r- "'g "'- "Dr-- ;,::::CJ 0" ;D- :i!J ,~~ ::I: . ~:n Qo C2 i3m Z ~ =< :.,; UII :0 -< ","" . "",L..',;__.:, L , ;.' "" ,~, ,"',,". - - ," '. ~ _'" , - : ,-,,' , "-':,c;.I':"~;~'-'~[',~:-0' " "~' " 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 , " Ii I , I , 1'- I I' I I I.~ , Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-l046 Civil Term I I I i I I I , I I I f,: I:: " Earl L. Yocum ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and I' Ii lj against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil .J Procedure and assess damages as follows; Principal Interest from TOTAL $148,684.36 2/2/00 $ 14.068.00 $162,752.36 ,--1~~,,~Ca);..c TERRENCE J. McCABE, ESQUIRE AND NOW, this 13+"'- ~"- , 2001, day of Judgment is entered in favor of Plaintiff, Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company and against Defendant Earl L. Yocum and damages are assessed in the amount of 162,752.36, plus interest and costs. BY THE PROTHONOTARY; GJ;zt~ l?-#r . ~~~.tJ 1711' "A 'riilii~ '"""" 'cc"" ";.:: - ~ -,-- ~-, , Q 0 0 C;;;; - -n '> :;Jr.. :.:;! ."'tHJ,:l ~ f~~ ;'J ';2.rG ::rj -, "'~j ff} '&>.'i:: (.0.) ;g,\~, :.c./-. ~O -0 ~~ ,%0 ::i<: yg - ~, ."_~i ~ ::11 ~ c:P ~ ," . -__01_~'_'___ , ","""m _'.'' <.c,='_~"_'_".:..'c^:--o ,- _';'; >. , _ ;_~,,;', --.--~ ;,.-,- ;'i,I~",'-_--:"--'cL~_, <, h lit" fi G ;; " f\ 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 " , H .;. ~, L,' Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS Ii " r; [\ v. NUMBER 2000-1046 Civil Term I I: I i I i I I' r [ r' r I , I: ii ~, t; t~ Earl L. Yocum AFFIDAVIT OF NON-MILITARY SERVICE 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 I and Sailors I Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Earl L. Yocum, is over eighteen (18) years of age, and resides at 6412 Carlisle Pike, Mechanicsburg, Pa., 17055. SWORN TO AND SUBSCRIBED BEFORE ME THIS 94 DAY OF ~ , 2001. ;;!~CtE:~R~0 Attorney for plaintiff LIC NOTARIAL SEAL rRACY A RII'F, Notary Public Cily of Philadelphia. Phila, County Commission Expires Oct 23, 2004 - "' ... C' ~o '><' owO ~.~ ,c,~"""" ' '_m <:) <::) 0 ~ '1 :ll: "U OJ :po :lJ mrn ::0 ,- Z:D -;.-"r~ ZC W -.6C:7 (.Qd;:.. "'2: '-' , C<L --I -' r.::;Ci " ~~ ~n :x -0 >c ~ ,:n 55 CO -< , '.-, ,','d," ,-- _ ,_c__,,,~,, 0 '" u.- "',',__._ "" ",+.'-'" '''-'0'''- ^'._'__ i'" ";"'-;.;"b",,__~i"~j',>_ -<"-'0"2:, VERIFICATION 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. JR~~'~~ TERRENCE J. cCABE, ESQUIRE '........; , .~;'" ~~ ........."" '" ;ic,,~-,~. ..'.... ~ ,'"~" .' ..' 0 Cl 0 ~ .- -" ~fri :;g~ ::..::! 1~ .,,-.'-;'1 rQm ?O r~~ l~"- Z:X' ..- -;~~ zC C!l.j,;,:~ w \20 "0 ~O ::t. ;;+0 ~O -,,--r\\ PC: .- 9 .' 3- ~ ::P- {",O :2., ~ ~f'_', ~ ~ " -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 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum 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 I] I , 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?~ DAY OF 971cucA -J~ ~,~CeJft/ TERRENCE J. Mc E, ESQUIRE Attorney for Plaintiff , 2001. ~' , (lV/J/ NOT~LIC ' ro NOTARIAL SEAL TRACY A, RIFF. Notary Public City of Philadelphia. Phila. County My Commission Expires Oct. 23. 2004 :Jl-~"' ,",'",,", ,." ,"'" ~"liiIIlr -. ~ .~ .~ -~- M", .,- 0 c' 0 ~ - ,.-r; ~ -ofP :P' -,-~ rt!1"1'~ ?:J i'::- Z;,jJ - \,,,,.1 -zS;; (,,) - - '..~) ~2 '.~2\() t;;2CJ -0 --:{'~~ %'3 :;:;. <;o--?-O - f;rTt ';i7c:: ;-;:.\ ;z. ,'"" "S :2. OJ ::.; ~.-.....~ - . , ' < ~' ~~cd, ~ u ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary November 30, 2000 To; Earl L. Yocum 116 Yates Street Mount Holly Springs, PA 17065 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company v. Earl L. Yocum CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 2000-1046 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente 0 par 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 est a notificacionf 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 derechos importantes. Debe LLevar esta notificacion a un abogado inmediatamente. 5i usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a La oficinaf nombrada para averiguar si puede conseguir asistencia legaL. ';1 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/ll ~~~!l;;i!">i'~~iJi:-l&~~l!Iiii!mll.ihi!~~Ii1t~m~li!.~W1W~~~=' o "~ .__"~,_ rl' <'. ~ ("), Cl 0 c: "",-t 'l:': ~ -QCiJ j,-""" . ~n rnrr> :;Xl , ~,,~t23 z;~o zc;; "" : '-,~ I (j'],-<:-."" ':~~7 2" c5 -0 ::: ..,-\ <<:: :1l: 0- ~O 20 5>g - 0"'" .. -\ Z U1 ~ ~ CP " ~.- ~- .~'''' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, PA 17055 November 30, 2000 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company v. Earl L. Yocum CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 2000-1046 Civil Term NOTI9E, 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 notice to a lawyer at once. If you do not have a 'lawyer or cannot afford one, go to or telephone the fOllowing office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia per no-haber presentado una comparecencia escrita, ya sea personalmente,0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas U objeciones alas reclamos formuLados en contra suyo. Al no tamar 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, dietar sentenc1a en su contra y usted podria perder bienes u otros dereehos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dinera suficiente para tal servicio, vaya en persona o llame par telefona a la oficins, nombrada para averiguar S1 puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/ll ~"~.-...-.~ =, -~_.'"'"~' -~ilBllii_~__~llilSilll~_~~-""~- c_ ~~ ~ " ' "' ;'riIl'f~ -iIII""" - ~-~.""" ~~ 7 -€q 0 0 I~} C -n: ~ 1 "-Q :s:: :K , ""Ot']) :,-;-o~, i -'j r,Id & rnrn ?::I Z::rJ --:,1-;-: ZC c' - (j) "C' (..:> r y -<% ~:~:i ~~< 0:- kO -" ~'~~~ f! ~o ::ll:: ~ ~ "-t -0 tsm )>c ...., -l:: ~ U1 ~ ~ ---0 (Xl ~ ~ n '""" .-J ~ k...... ~~ . ~.. ........... .1 - ,,;. - Jl;l~, IN 'lliE CXJURl' OF aMDN PLEAS OF ClI-IBERLAND COONl'Y, PENNSYLVANIA CIVIL DIVISION I':~ Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company v. File No. Arroun t Due Interest 200-1046 $162,752.36 from 2/3/00 Earl L. Yocum Atty's Corrm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of judgrrent, 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 EXECl1l'I0III 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) 116 Yates Street Mount Holly Springs, Pa. 17065 , i I , , , r ~ f r: PRAECIPE FOR ATrAClHNl' EXECl1l'ION Issue writ of attachment to the Sheriff of N/A 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 des=iption; supply fOl.Ir 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. SignatureJ ~} ~C!aJ.rL Print Name: /Terrence J. McCabe, Esquire DATE: 3/8/01 Address: 123 S. Broad Street, Suite 2080 Phila., PA 19109 Attorney for: Plaintiff Supreme Court ID No.: (215) 790-1010 16496 Telephone: j~*~~' ~""O~ ~""""~~o_.~ liD ilkilJftfjiW"""~'''~__ ,."C' .C"'" " '-IIIilIiI-"""'" .... " ...... -lq. \) ~ t.v ~ <u ~ ~ {Q ~ t, :(l :i) ~ ~ ..(q >. 6 ) CI d ..() 1U w 8 (') <::> 0 'T1 ~ C) 0 Ii' \) ~ ~ :x \) ! I ( I -Ok'? ::>< -n ~ I ~r;u ~r0 ;:0 , I '\:;0"1 ...... -t-., ~n'-.-;J D f ~ , ~S; c..O (:::"~ "D C> " ~ , , ~ ~r -<t' ~~1:~ " " - ~ -0 ..;; , ,<. ~O ~t ~O ::E: Z , >~ - Om --..() ~ .:: ~ ~ .. ~ , ~, ~ ~ ::'#1 CO -< . , ~"",-- 2 '_,_ ..~"" ,.' ',_.,__,-",ii,-,';'''. .," '-'-___c,;,,,,' --;;, 'V _-~_-,_";-._,,,,.-_,,,' -,_l.W."l,~~,~j;,"A'" _ , ""_ iiIl" .. , 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 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-l046 Civil Term Earl L. Yocum 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 116 Yates Street, Mount Holly Springs, Pa., 17065, 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 Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, Pa., 17055 2. Name and address of Defendant(s) in the judgment; Name Address Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, Pa., 17055 ~. ,"-"c-,,' '.- ..d;~' ~'- . "_ ,~ ,"";,;-.,..-,- '- - ""-_';",,,;;,'.'1,C;'<'_..""':';!"-""'__4-' ~;i,- "'~'P~;""_- , -,<,:--,,~,~ ~ . 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 Tenant(s) 116 Yates Street Mt. Holly Springs, Pa., 17065 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 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 l8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 3 ~ ff ~() / ~~l;~~~ Attorney for Plaintiff DATE _~~.. O~~~< =~ '= . --..., ~ " .~'" ." ~~~- ." ~,""" ALL THAT CERTAIN tract or parcel of land and premises, situate; lying and being in the Borough of Mount Holly Springs in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin 25 feet from the centerline of Pennsylvania Route No. 34 at line of land formerly of A. Douglas Thompson, et UX, now of Richard R. Brown, et UXj thence by said Brown land, North 64 degrees 28 minutes 20 seconds West, 187.06 feet to an iron pin on line of land of the Reading Railroad; thence by said Railroad land, North 13 degrees 29 minutes East, 128.87 feet to an iron pin; thence by land of William D. Drake, et UX, South 63 degrees 11 minutes East, 212.5 feet to an iron pin from the centerline of said Route No. 34; thence by said Route No. 34 and 25 feet from the centerline thereon, South 24 degrees 49 minutes West, 121.26 feet to an iron pin, the PLACE OF BEGINNING. CONTAINING 0.566 acres, more or less. Tax #23-35-2316-045 Being Known As: 116 Yates Street Mount Holly Springs. Pa. 17065 ex;-Ji.6/f It- ;J~~~~Iit,ilaiIi~'~~'~'. .......u.ti~I!l~~ '"'-'J ~ . ",~."",,~<'- _-'~ J_ - ,~, "' '~ . .' 0 C) 0 C "n s:: :J!: "~'I -om >" m'(T1 ;;;{1 F-ii :73 :zr r-~ :ze D~ ~z C;..l ~o "', 7I~~~ ~o ~: .::Jc )>0 zen c: 0 :z m 'i>' ::t :0 (x> -< ~" .~,- ",_~ >_-~,.~,_,+._ ,< c -',',0 ~-". - --,,'h.:O- ,:"C._",,":'; 0 d^-;o ,-,' - "~ -,'" -{"n-';'" -,-'":,t,',I~kh::i-~;L:;~_, ~e;;' ''t!, ~ e" 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 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the day of 2001, 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 "AU. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." !~cl;?Z~~:~ SWORN TO AND SUBSCRIBED BEFORE ME THIS Cj<l-l) DAY OF GJriaAcJL- ,200l. ~~a~ NOTARY E BLIC NOTARIAl. SEAL TRACY A, RIFF, Notary Public City of Philadelphia, Phi/a, County My Commission Expires Oct 23, 2004 ","","," ~'~L_"l&l.-' ~. ~.-~.~ J I,.; ,.~'~""~,.- ~ .... ".,;-...,..""..,..,.,,,,....,....,,.....,., .....,_"'..',,,,_.......' ,., . ." "'-_'.,_.', ",' ,..,. '-'''_''',''_~",,,,,,',,,,,,,,,,,''.h' '(jCT j 7 2000j1? McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification ~umber 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS EARL L. YOCUM NUMBER 2000-1046 civil Term ORDER AND NOW, this 18t~ day of (Qchobe R , 2000, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Earl L. Yocum, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055, and further by posting at the mortgaged premises known in this herein action as 116 Yates Street, Mount Holly Springs, PA 17065. BY THE COURT: 13/t:.n :1 1Ll -' 'iIII~'''''''~ L ""^" "!lI" "'....~""-li:il_....- - 'i':;~illIWlli;irlIlIU$'\iiJk",iW;_.lI$ilCl~"- . ,~ . ~, ~e c ,~, ,. ~ ., . ,.~ iildllbHl JJlili'"- ~~ ~>- (:) 0 0 c: s:: "Tj "U C'~: :x :;"':.1 mrn ;u. Z:JJ ;;;0 fhpp 2C '"',m en c> w :"9 -<'"-'" KlS -u ~~ ~o -,., -~ 50 ;':)m c '. Z --I =<! ::;n )> co :0 -< .'.-- <1M ~ ~_,~'" ,.~- ow,,,. l ,",_:, ,-,"",,-',- :;!.~ ~-"i_',_ili~-"=,- , ;,.:;;',;;.;,';~ ~i-'\,_-, ,;~C,_"i';,_,><I'_;, -"i~;""h,,~-_'_, '-O'~ti:i I ri : ~ i " , .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS 'j I Ii n i:! I' [( !:' v. NUMBER 2000-1046 Civil Term Earl L. Yocum PROPERTY; l16 Yates Street, Mount Holly Springs, Pa. 17065 i:~ i' (: I" II 1,1 ;i! ~l Ii i"1 11 II II H \J II" i! "J ~i II', I' II 'I II i i I I I I DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S); Earl L. Yocum IMPROVEMENTS; Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 6, 200l 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 l7013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. -:',--", "'_~' ."", <'_'_,~,.-",,_,_ '",',__. _ '-,_:~_!';jC';F __',~'~"__ ,--' ,.-,r:-,,~ - ''i'_',,,,,_ :'-~- ,<,.!<'dJ;<'--o}o"-""-i:J",- ',~ ,- ----- ,~O' '11'; 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 Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO; Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, Pa. Your house (real estate) at 116 Yates Street, Mount I ~,; I I Ii I: Ii 17055 HollySprings, Pa., 17065, (more fully described as attached), is scheduled to be sold at Sheriff's Sale on June 6, 2001 at lO;OO 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 $162,752.36 obtained by Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE 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 Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much .___",,,,_",,,<-.;,,,,-,1,.: ~-,.- -" ;,;' --"''''''- ""~ - "~ , ~ _k_ i,' C ,. ~_;_~_'_,>,,~~,';_'.. c -,_". -". - _-,,'~J: "~;.,;;~,,,,--iblh;id;&,,"';;.i'''~ -. -, ,- ""ii'~' I" I~ Ii :li 11 J! 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 SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE l. 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-l010. 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 June 6. 2001. 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 June 6. 2001. , ,~,-C " ,- ,j-~' . "'j , - _'~>'_ _~:, ,~" ,,' 0 '.- -"I~,; o ,_; _ ~' " ')'- - 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 OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 ':,CO,-_. "'1 I , n fl aiIii ~ .f_" " . ~_............, ~ ~ _"'_/~[ ",_n .,,- ~_, '_ ^ .~. 'n_ - ,. .' , .' () Cl I;::) c: -on s: ~ -.'J -OC"! :r-.!l' :-h;=E n1j"T1 :A:) Z:O .gt~'l Zf:-" w en ..J:c,... ~~(:, -<..:.. !<Ci "" .,,--1. }::-d ~o -... ~o .... -~O -- drn >c: .. -~ ."" Ul .". ~ (J:> ~ . - " .- ,j;', ~ ",' ,,', '<' '"" ~.:;<+ -\,. _";t,,>_'~,'~k -, L, ~ ~, '" MeCABl!-, 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 ~ ' I r. Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS ,,- ~~i i,~ f t I I ti, lJ I I v. NUMBER 2000-1046 Civil Term Earl L. Yocum AFFIDAVIT OF SERVICE , II: ,. r 1" I 1~ I' I I' I I I' ": I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 19th DAY OF APRIL, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all attached hereto as Exhibit "A". I,; l~ ~ \:i f- I~' pertinent lienholder(s} as set forth in the Affidavit Pursuant to 3129 which is tl Copies of the letter and certificate of mailing are also attached ~tN\Q.N\\\ 0 ~- +MoJ. TERRENCE J:-McC E, ESQUIRE~ , r, ! R ~ I ~ fi u r, ~ I" t hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 19th DAY OF APRIL, 2001. (~Ju!ltJ. ~ NOTARY PUBLIC fari J ,,', ~ ..~~ ,'I .'l" <' ,J-," ,',,'.- -, ,,-,',',..10' "-..",.'. MeCAB~, 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 '- '~i.! 1\ II I' !oj Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS ! Ii v. NUMBER 2000-1046 Civil Term Earl L. Yocum judgment 3. Name and last known is a record lien on the real Name address of every judgment property to be sold; Address credi tor whose Ii fI [: Ii II li I' t Ii 1\ 1\ ~ ~: " il II ',' I 1 r i I . I i I ~ " i I I 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 116 Yates Street, Mount Holly Springs, Pa., 17065, 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 Earl L. Yocum 6412 Carlisle Pike, Mechanicsburg, Pa., 17055 2. Name and address of Defendant(s) in the judgment; Name Address Earl L. Yocum 6412 Carlisle pike Mechanicsburg, Pa., 17055 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. FYY\B\l U~' i:,;;.1tJl1.,{ )',. ,~~ '-';'-' Tenant(s) 116 Yates Street Mt. Holly Springs, Pa., 17065 !~ i;!: I"' (\, L' " I.,' ,:j I 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 ~r " " ;i: Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 ;i ff or this Affidavit are true and information and belief. I il i: E, ,y W f), i1' I verify that the statements made correct to the best of my personal knowledge in understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~; M! W '" DATE ~~-~~ TERRENCE . McCABE, ESQUIRE Attorney for Plaintiff " , , " I] I: I} ,~ :[" April 19, 200l I ~ 1: , 1 ~. I R I' It , 1 "An ~){H\B\ n ,',. __ _ '(,;__i " '","~'_ :",-,.,;,- -'''-''''. ;'0' -," ,'" c;'i',,,,-,,j',;,I_''-',-' ~.'- ,~,' -'"- -of.:-; Ii Ii MGCAB~ WEISSERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE IdeRtification Number 16496 .123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount; Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum DATE; April 19, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS ~, I t' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY , I I , L i I Ii OWNER(S); Earl L. Yocum PROPERTY: 116 Yates Street, Mount Holly Springs, Pa. 17065 IMPROVEMENTS; Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 6, 2001 at 10;00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold 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 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. EXH\B\l UB" -. 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' i" -.3 rl!;~ Il-~..~g[ '" a r-~ ~ ~i 3:g . F~.~lalT 3 ~ ~c:t. (IIg~ "I ~ ~' G >:[ ~b~ ...... . g8 ~~(J)g,'Og. ~:B$~ii' ~~"~'~.$i";""-"I"-'I~l!it"%l~.'_tillIiii!!II~~~lilIi~m.Jj"' ~,,_... ~ :.1 <-~l,J[lf~HL.. """",- ..'.~- '-,-."-' J,,_ \ =. " ~~.~ . OM ^ '" 0 0 0 C --n <'" :J: ::;1 -om ~"" _'----on mrn -< ' 'j-- ~~:T._; ZC" I ~S8 S? :2~' f'0 kC) --0 ).~:~ ;';0 :-:.~() ~c; w c3rn Pc:: :2-: w ~ =< <J1 -< ~ "-'.,_' --~' - ,.- ,.." "-"-';'~.-' . ,.' ." "h '"-'-_~:~,- ~_"_&.ol1"__;~_'>l'"f,_'_~ --. \,-, , Ocr 1 720001f} Ii I, !':' Ii I::: l} McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff '" !~ ; 11' CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS i~ I I: j,( ~::' -~: EARL L. YOCUM NUMBER 2000-1046 civil Term ,-, " l!i I, I: o R D E R i i, ! !( AND NOW, this 1M"" day of Ocn~ , 2000, the Plaintiff is granted leave to serve the Complaint in Mortgage f, further by posting at the mortgaged premises known in this herein f: t f f, _0 r r-: ! ~ , " I' I' Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Earl L. Yocum, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055, and action as 116 Yates Street, Mount Holly Springs, PA 17065. BY THE COURT; ~ " j, " ! J. . 2.......-. ~-~-:~ :. _ -rJlrJ~~" , ,.-. -ill,.". - ~-~~'~''''-' - ~,,"-'- '-< . , -"\j':.rrN ,_ {'j C"....Y ! f:\ ',), <.,\, 3: he \.,\u ;i._,j \ '::... C ,',' \' n("'J'.!'''' 1.1;.;, -i,,-,\."~;;' .'.: l \,j'"./ \'It\ i l'i\~"\'--\ ...... ,', ,,,,", ~C""Q'" \!",\\^ \.,(y"I'l.V\;..\II.......I"-,f\. '" b1 ,," rl.- ,-', -'.,,-- -'"~_-_.' "_ ""T,'b-,' ~ _ _ ~ ... _ ; ;.",_, _ ,- ."i ,'-{-:";5{,"'::'''~'-' '~"'_'" T,I;';':;" ":';'1,<'';'';:,"" , ji: I'."',,:,, O'j , I' I [' :~ i McCABE, WEISBERG AND CONWAY, P.C BY: TERRE~CE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff .~ i ',j i ~! I',i! ;n CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS t:l ;~ f-i t,! 1:: ~l~ ~H I Hr EARL L. YOCUM NUMBER 2000-1046 civil Term , -t~ PETITION TO ALLOW SERVICE ON THE DEFENDANT BY REGULAR MAIL. CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 ::', 1. Plaintiff attempted to personally serve a true and [!1 I ::'1 [',1 ir.~ Ii i';; i:' Iii ,;, ::.,i III I' i correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Earl L. Yocum, at the Defendant's last-known address 1-1 of 116 Yates Street, Mount Holly Springs, PA 17065. The Sheriff fj at the address stated. A true and correct copy of the Sheriff's Iii j ~ tl ~l ;-1 i-l ~~ advised that the Defendant was not found since he no longer lives Return of Service form indicating the same is attached hereto and 2. Plaintiff has made inquiry with creditors for an ,~ !J II I' " II 11 , marked as Exhibit "A." address for the Defendant, Earl L. Yocum. The creditors have advised that they have an address of 6412 Carlisle Pike, Mechanicsburg, PA 17055, for the Defendant (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"l. 3. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the .' ,-, '__on"."_, ,-.:,-c '" "_ ,~' _~_'C- _,~,__ "' ,,'0 '" -"" '.i,~r ,,-,. ,^.~~,_ '~i'" Ii I"~ I', c' I,' 1 I,' I'.. I' I," Defendant, Earl L. Yocum, at the Defendant's last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055. The Sheriff advised that the Defendant was not found since he no longer lives at the address stated. A true and correct copy of the Sheriff's Return of Service form indicating the same is attached hereto and ", :::\ ie' Ii'" marked as Exhibit "c." 4. Plaintiff searched for a forwarding address for ,~, I:) Defendant, and the Post Master advised that there is no change of I:' :" address order on file for the Defendant, Earl L. Yocum, from the ,,> , address of 6412 Carlisle Pike, Mechanicsburg, PA 17055. A true :,' 'y, and correct copy of the documentation indicating the same is c r ( attached hereto and marked as Exhibit "D." 5. Plaintiff contacted local directory assistance for a t, I: h: , listing for the Defendant; the Defendant, Earl L. Yocum, is not listed. 6 . If service cannot be made on the Defendant, Earl L. ~: Yocum, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an " !.: I; I' h I; H [' i' ~ i Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Carlisle Pike, Mechanicsburg, PA 17055, and further by posting at , " " , " " ;-'- if I:; I, i ,j li Defendant, Earl L. Yocum, by regular mail; certified mail, return receipt requested; addressed to the last-known address of 6412 the mortgaged premises known in this herein action as 116 Yates Street, Mount Holly Springs, PA 17065 I/PUL~~ TltRRENCEJ. M AB , ESQUIRE - - '-' ". ~, ',0 ~. - {,<," '-'~-" " <<-'0'.' ,.1 ',", "'_~'''''',,",'"-- ,~ -'""~lhii fJi McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadel~hia, Pennsylvania 19109 (215) 790-1010 !'~' '-'\ ti;: I:, Attorney for Plaintiff '." if 'J' !'~ ",; ii' i,~i I;!~; ! 1::1 \1'1 CONSECO FINANCE CONSUMER DISCOUNT: COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS \~j ~i '\1 rii it!'! I~l ':: ~1 ~l EARL L. YOCUM NUMBER 2000-1046 Civil Term MEMORANDUM OF LAW ,'J -"j If a resident Defendant has obstructed or prevented service '.':1 of process by concealing his whereabouts or otherwise, the Ii; WHEREFORE, Plaintiff prays this service be made. I',' (~ t~~ I','! ~; ki ~'1 i~~ ~j t'j ~~~ ~'~ t:J rj Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. Tl~Md~ " " ji II ~ I! 'I I i I - \"---'"-- _' I ~"; " _ ~ ".1.;/', __ _;,,;",<,' '~_',_.",;.>: '"'4~1",,~.;';':r',.,;k",- ~'..;';'-"-i:;; II:: Ii { I'" r I"{ Ii' II' If ~ 1;< 'n '" McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff ;-'j CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS " ] EARL L. YOCUM NUMBER 2000-1046 civil Term I" " r~ (~; !;; 1< I' i;~ " r' ! AFFIDAVIT OF GOOD FAITH INVESTIGATION f:: I, Terrence J. McCabe, Esquire, being the attorney for the : I: I,' I: ,: I: ;~ ! i" Plaintiff do hereby swear and affirm that inquiry with the United States Post Office indicated that there is no change of address order on file for the Defendant, Earl L. Yocum, from the address local directory assistance indicated that the Defendant, Earl L. j) I: I' .\ ! i,\ of 6412 Carlisle Pike, Mechanicsburg, PA 17055. Inquiry with Yocum, is not listed. n I' i j SWORN TO AND SUBSCRIBED BEFORE ME THIS 13""" DAY OFOc..:/--obJ,.v ,2000. ~(1~ () .4#- ARY P LIC ~~--, T R NCE J. McC E, ESQUIRE Attorney for plaintiff ...-.", NOTARIAL SEAL , TRACY A.AiFl'. Notary Public City of P>hiladelphla. Ph~ai ~~u~~oo My Commission E~'p'!~~~ c. . ~ _c _-->--, ^ " -,-""",,=_'_ ,",-,_ -J-", , .",..i'"_',c,,'.';' "'f,;-'; 0'-_,.;'1.,;/0;;;,,>-,0;,,'''''"'; ~. ,. f:: iir: be " p Ii Ii! I:: I:;; , ii, McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identificat~on Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff ~; rj CONSECO FINANCE CONSUMER DISCOUNT; COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS ~" f~ I:, ~~ ", i'_ EARL L. YOCUM NUMBER 2000-1046 civil Term !]~ J~" ". Ii' :\ " , j) !j' CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, --i hereby certify that I served a true and correct copy of the ;:',1 foregoing Motion for Alternative Service Pursuant to Pa.R.C.P. iLl I'~:I ,~ i 1<.1 13th day of October, 2000, upon the following; I',: I", J1 Iii 1 I'i I:i ,.J 430, by United States Mail, first class, postage prepaid, on the TERRENCE J. McC ,',j ,j I: Ij !,I ~ ,1 " ['I I 'I II hi Ii i " i I Earl L, Yocum 6412 Carlisle Pike Mechanicsburg, PA 17055 '-; -,--.,."",--; _ ~ _ > ,..- --.', --_/~- ; "c' ~' - __,,__~_ -",.',"""'~-I, "F", -_' ,,;",V'_ _ ",,' {~'-;j ,-" t" VERIFICATION (' I. I, I' \ The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within I' I,' [t action and that he is authorized to make this verification and IF Ii: Ii:, :{ I" i: i, k i: ~:; I;~ 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. 'l' ~4904 relating to unsworn falsification to authorities. ! f'; I' 1-.' I i:'; I~ i.~: n ,~; L" 2 ~: ! r,' ~;; ~ '" ,,' t I: " l' }; - ='" -, -,'- .._~ ..'-~ " ~ <~~",~~C SHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EAAL L 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, DEFENDANT YOCUM EARL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , YOCUM EARL L DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FWDG, RETURN NOT FOUND AS PER LANA 3/7/00. . Sheriff's Costs; Docketing Service Not Found Return Surcharge 18.00 4.34 5.00 10.00 .00 37.34 s~,answ,er" ~,," ~~" ~. Thomas Klin~ ' , Sheriff of Cumberland County MCCABE, WEISBERG & CONWAY 03/07/2000 Sworn and subscribed to before me day of this A.D. Prothonotary . ... "-._--- --...-..,..---..- ..-.-- - , .,,," -,--'..._-~,--_.- -' --~. ...........1_" -. ^~- ~ ._....- ~'" . ,.;.1 -"'--"'riJ;l':, PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 90-0082PA Attorney Firm: MCCABE, WEISBERG, & CONWAY, P.C. Case Number: Subject: EARL L YOCUM AK.A: NONE Last Known Address: 116 YATES STREET MOUNT HOllY SPRINGS, PA 1706 Last Known Number: ( ) - Michael K Gross, being duly sworn according to law, deposes and says: 1. J am employed in the capacity of President for Players National Locator, 2. On 03/20/2000, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A SOCIAL SECURITY NUMBER: 204-30-5063 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Earl Yocum. C. INQUIRY OF CREDITORS: Creditors indicated that Earl is using an address of 116 Yates Drive, Mount Holly Springs, PA 17065 with no valid home number. One creditor stated Earl is using an address of 6412 Carlisle Park, Mechanicsburg, PA 17055. Earl filed chapter 13 bankruptcy in February 2000 with attorney James M Bace. No release date is given. Case#2000-00000686. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing. INQUIRY OF NEIGHBORS - We spoke with a neighbor at 717-486-4054, located at 115 Yates Street, who stated there was a "for sale" sign in the front yard of 116 Yates Drive, Mount Holly Springs, PA 17065 and thinks Earll has moved from this address. They did not have a forwarding address. INQUIRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE: As of March 13, 2000 the National Change of Address (NCOA) does not have a listing. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Earl listed at the last known address. OTHER INQUIRIES - T "B" ",""',.:'c~~i~:~~~~~~~r~~~o~\~e;~~~f;~~;:~~~:~~;.is:ffafiQ"Cii6eK+t_;7,';1~ll '. i=~~::,'" ."""=, ''''ll~ 1M ~. ~~.~" .- - -" "~~ . __. L - "~,tiI}", '8..~""PU8L!.0_:UC.ENSES__{,:.P.IL.oT~,,,R,E'A.L, FSTATcr, FIG.", ):::'. ---No.mrfound. C. COUNTY VOTER REGISTRATION: The County Voters Registration Office does not have a listing. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: October 1937 r-_ ~ - ~ ---:2 --------- AFFIANT Michael K Gross "NOTARY SEAL" Kristine M. Scott, Notary Public SI. Louis County, State of Missouri My Commission Expires 9/2/2002 ~~~ Players National Locator 16201 Westwoods Business Park Drive St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 -:=~":":;:-:.""="_"..,.,..:=-_-":.,,,,,,::.::=.=,;c,,,,. '--o"'C"_',",'O':;:,=_," 'O,,--,-OO,,"C','. ,":,=""""==~---'C':","-::"--:=-"--;;;"=--'-,,c:-:::."-,",,"=O' .__.._,--_._"._,,-,-",--'~-- -'-" -_.---- ,- =~ .~ ~."... SHERIFF'S RETURN - NOT FOUND , Gl\SE. '!.'~'",),: ..:.'200:0-.."":",..0:1;:0,4;,:-5- U'B,,'''',_e,.'__ .. "C:ClMMONWEkL-'fH-ClF--:!'ENNSYL4iAN"I-A:- COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER ET AL VS YOCUM EARL L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn accoJ:"ding to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT YOCUM EARL L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , YOCUM EARL L NEIGHBORS ADVISED DEFT MOVED APPROX. 2 MONTHS AGO. POST OFFICE HAS NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 S~ - .A .~ R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 08/01/2000 day of lJ'1l:J- (;/L( J i S k Pi U 1!LL t hMl ; e S. b u r~ I (J A 17 tJsS- Sworn and subscribed to before me this A.D. Prothonotary IDIT "e" ......c;,;.~:-:-......::..::.~~~J:U;LL.~~::::....:::_~~.=~_......~.~-_.~-- - -~'.~''','.- -~ ~,~ <"-~". - ~ -~",I'a;i'ii, . Postmaster Mechanicsburg. PA 17055 .. City, Stilte;L:lFCode-------..--.----.--.---- Date August 30. 2000 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Earl L. Yocum Address: 6412 Carlisle Pike. Mechanicsburg. PA 17055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder infonnation. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(l) and (2) and con.esponding Administrative Support Manual 352.44a and b. I. Capacity of requester (e.g. process server, attorney, party representing himself): Attornev 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Conseco Finance Consumer Discount Comnanv. f/k/a Green Tree Consumer Discount Comnanv v. Earl L. Yocum 4. The court in which the case has been or will be heard: Cumberland County 5. The docket or other identifying number if one has been issued: 2000-01046 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL, PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESVL T IN CRIMINAL PENALTIES INCLUDING A FINE OF VPTO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OFTHE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 V.S.e. SECTION 1001). PLEASE ~ROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. -;;;~'4.-Vl- ;. fi~L-~ Signature V First Union Building. 123 S. Broad Street Suite 2080 Address Terrence 1. McCabe. Esquire Printed Name Philadelnhia. PA 19109 City, State, ZIP Code BOXHOLDE~SPOSTMARK FOR POST OFFICE USE ONLY .-l No change of address order on file. NEW ADDRESS or DELlVC(L/;-P AS AOl.liZ!:3; ceO Not known at address given. NAME and STREET ADDRESS Moved, left no forwarding address. No such addr=s,::.~.2;~:,^P_P (~~<p~)\) EXHIBIT .?....cp I.,.,} )\:~.:'~~" , c- ;"~'/;;Y" . ,- ,;':":.j.;;,'.-;;.- .- "0" ~~ ; "~"";"~'Ic~''''''''''''"'''''''"''I"'''''''=''t~:~~,,;j,wlil~'''~'''~:i.,1Il. ., ~ .f"""~"~~illJi - (") ~;: "'"f" j. n":~~~ ~>... ~-.1 .' /' ;~~~~ ~::C) ~>!" ~~ ::;t 1iiIi!iiIIIiiiu"~' c~ C) r.:l ;,-) --4 - . ,y -'1 ~Q r c' ~.,;..., , , ~""1 ::..,.) ,',-"., ,. -' 0('n ';:;J :< '" \.0 ., ~ ~ - --,- __:'",1,; "', o'"on '~ ,,- 'Ie _, .', ',",' j',;..__"~,, ,__J ' I',.,;;,,,,'" -', '"'-"." '"'C'".o;ti; I'.' 'I F MGCABE, 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 E" ., " if: I;' '" J>. 11' i~ ~ !~, I Hi Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS " " [; v. NUMBER 2000-1046 Civil Term I" II: ,'" t~ " Earl L. Yocum i\l ;,j, AFFIDAVIT OF SERVICE 1\i ~''i li" l~~ [' II I', r Ii i' II I, Terrence J. McCabe, Esquire, attorney for the plaintiff in the within matter, hereby certify that on the 4th DAY OF MAY, 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent Copies of the letter and certificate of mailing are also attached ~; *~ i~,; ~ , ~ [! ;~ f: [~ lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "An. hereto, made a part hereof and marked as Exhibit "B." ~~ ~1/L~1J-. TERRENCE J. McCABE, ESQUIRE [: 11 f \: ~j SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF MAY, 2001. I; ;j lJ1luNJk IJ.. ~ NOTARY PUBLIC NOTARIAl. SEAL ~A. HOLACl~ PllbliC ~~ Mlirdl~ - " "' ,.,,;^,~ .-" " ,,_ "-c ',,' ,', 'LJJ '_""'*'~' ",'",',~;, ." ' " 'h _,'"",','/..!_ "'_''';" ':.J.",q~ii;,'':'_<~''~''';.-~, ...'1: r ]' I:,: M~CABE, 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 Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS j,:' I ! ] i I ! I';" ,;i:, ej I;:; i1! 1;: v. NUMBER 2000-1046 Civil Term J,' i\ fl' {I l~~ Earl L. Yocum AMENDED AFFIDAVIT PURSUANT TO RULE 3129 ~~ r, i:~ if! I~" ~:: f:1 , rc~ 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 116 Yates Street, Mount Holly Springs, Pa., 17065, 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 i:' if ii', Earl L. Yocum 6412 Carlisle Pike, Mechanicsburg, Pa., 17055 l~ ' f , ~ 2. Name and address of Defendant(s) in the judgment: Name Address I fi I ,I'r ~; judgment is 3. Name and last known a record lien on the real Name address of every judgment property to be sold: Address creditor whose ~ ; f1 Ii 1\ ~f ~ I 1 ~ , [ i Earl L. Yocum 6412 Carlisle pike Mechanicsburg, Pa., 17055 Plaintiff herein. H lr ;! MOUNT HOLLY SPRINGS BOROUGH 200 HARMAN STREET MOUNT HOLLY SPRINGS, PA 17065 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 EXHIBIT '1p{!ss None. ,..'.,- .' ,~>,-,- , -'.'- '-",,'-'. "l_"~;; ;1 ;,:./,',.".; <it< I' -" "tJijf; fi ;~ k ~ 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 r~ ~1 t; Tenant(s) 116 Yates Street Mt. Holly Springs, Pa., 17065 , r i; j' ,,; 'c f1 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 t ; 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. J)~ ~ .1n~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff rr! ::: '! y, May 4, 2001 DATE I~ ~ " , ~~ l' t: ~ , r' I~ ',: ~ EXHIBIT "P,;' ~ ~ I,;:, , < ,;, ;'.." ","",~-,,' ~<"-', "~I-',~ ~ i'."", '-~"",->O-, '~~ " '_ l:, :1 '" , f Ii I'; , ,ii i' i:~ !:: I:. I'; I,. I' r~ 'i: "" ~: I'; ,,' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum DATE: April 19, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS '; " R \1 ",' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY b ,,' !" I:' I,; OWNER(S): Earl L. Yocum PROPERTY: 116 Yates Street, Mount Holly Springs, Pa. 17065 i;: ~' IMPROVEMENTS: Residential Dwelling 11 The above-captioned property is scheduled to be sold at the Sheriff I s Sale on June 6, 2001 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, PennsyJ.vania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. ;', it E j{ I" ! I j ~ ~ , ,1 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. II It Ii EXHIBIT "B" =-" " . '~<.." ,-~~ "lJ en (i 3 ... CD ... .;-I )> ." =. ~ '" '" '" ~g I ~e._ a2 ,<C cng. mm ~~ 0.0 m_ ~.. ... o m m ~g g!!!. <2 &c aB- "lJ~ 00 m _ -.. g.. _0 om mm .. o ~ J C) o ill ." ~ " '< ~ ~ ~ S- F o ~ .. ~ ~ '" ~~ o - :;- 1. 0 s. <5 m ~ 0- ~ ~ f ""=<1''''' - g~Q~m::. ~ c.S ~;;2 if? o IU I!!. II> :; m = i aa-g:2 g.illi' ;::.;:..!~ .. ~ !:~~lL~~ ml!l.i>Iogo56' ....._~, $I)~;:l ~iii3ga ~aiJ!l3:=:;~ .88~,agf5 ~. 3 -EIJ';:lIfj< ~~3~'8] Gl?g:8Se. g~~oiDil _.c.;:l"C C. 0 ~ m~ ~ 8 ::l ~ ~~ ~ ~ . g.a-i 5i! g. [;,~~fit~ 3~iii"25~ lUlU ,a.n Fg.~;I!!t ~ cn~~lllmQ. ~oo3~5. .:i~~il illl. 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U) m 2, '..I- 'i',,<:,,,,..-.J.~ ..- 5" m a)> if eno.; lD !it 48 ".... a'"" !!ttna. 2> ~a all. ~m "f': i ... ~ ~ ~ ~:!!~ ~ C)~2 1!!"'c:CO eg5:;!Zn ~:...~-", m",06' "''''2):0 ~g~~~ iO <nOn = iidzo ~ $Cil~ :< '" C1 ODD 0 ~ 05':Dm", giil~ ~ So 3 !l>. ;1 c, DO g C' ~ =+.ai .. (b 00> 2 ~ !< ~, 0" ...... 0=1 S i " ~ !!;i , ~ ~ iiI m c Q. -n" " f 0. m. JCI ~ ifg goOl!> ~ __... rn ,,- ,,00 x ="'(11 ~ -n", :-~S: mn 8:0 ~li ." J;1 ~fJ ~ dJ ::T " " (\) .[ at fIJ eta iil 03' h - mlgn /if m~ .. ..- c " il "'D~Q. s.~ $ i::J.... "f' " m 3 w ~ ~li~''''"tIi. "-",~ "" :..:i:t:&titUi~"i1Uhfllill!ill~v~~ ~'I!llJfi, ", .<,~ ~~Wliill!~II;>M,-'jl~_l'~bilI!:1jjE.'li "_.~ ., <~ ~. -~ " ", ,,'^' .,. .,,,,.,.,,. ~ - ~Uii.. ". '. . , [) C ? -0"- met., 1fT" ;:: :;' ""7[""- 05).:- ---../ ~;:,. ~b p 20 -0 >c ~ ~ ''tIailliiIIII c:; ::!: ;...::t=> -.< C) -;iT"' --~. :",,-;~") ;t:.J!' -t. ~~~ -'-1 )> ':::0 -< "!? :.0 C.> ro - ""Ui ~ ~ , 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 Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 h'nLL' 0,1 ~J!1_!!!!" -~~ - Attorney for Plaintiff Cumberland County Court of Common Pleas Number ~OO6 - 16'1' C(,):l./~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 AVISO Le han demandado a listed en la corte. Si listed quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la dernanda y 1a notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 SUS objeciones a las demandas en contra de su persona. Sea avisado que si listed no se defiende, 1a corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, 1a corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinera a sus prapiedades u atras derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO;V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 --... McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCEJ. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Earl L. Yocum 116 Yates Street Mount Holly Springs, pA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Disccount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Earl L. Yocum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 116 Yates Street, Mount Holly Springs, PA 17065. 3. On August 9, 1999, 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 1563, Page 579. "n '.," 1';' - I". __tt'~'" 1. The premises subj ect to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Yates Street, Mount Holly Springs, PA 17065. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November, 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 Interest 10/99 through 2/1/2000 (Plus $35.17 per diem thereafter) Attorney's Fee Late Charges Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $130,743.11 $ 3,847.72 $ 6,537.15 $ 586.90 $ 6,419.48 $ 225.00 $ 125.00 $ 200.00 $148,684.36 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 as amended under 12 PA Code Chapter 13, et ~ ~;" seq., commonly known as the Combined Notice of Delinquency has 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 liB. " WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $148,684.36, together with interest at the rate of $35.17 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. - ~ ~::-.: I I it r " I " , VERIFICATION I, Terrence J. McCabe, Esquire, verify that the statements ~ i' :, made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904, relating to unsworn falsification to authorities. ~ ~ i ~ ~i'~ DATE: a2/~ 00 " """"''''''''' - ,J '. . ~~, , . . Spaee Abov. TIds IJne For Reoordlng Data OPEN END MORTGA. GE Applioation # 990'071378 - Loan # 690,&4177'3.1 This Mortgage secures futDre advances 1. DA!E A~ l'ARTlES. The date of this Mortgage (Security Instrument) is ...~1!:~:,:!:...?~...~???............ 11m the partles, their addresses and tax identification IlIIIIlbers, if required, are as follows: Commonwealth of Pennsylvania copy MORTGAGOR: Earl L Yocum single man o If cl1ecked, refer to the attached AdtlAnrlum incolpOllIted berein, for additional Mortgagors, their sigll8= and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hart~dale Drive suite 118 Camp Hill, Pennsylvania 17011 z. CONVEYANCE. For good and valuable consideration, the receiPI and sufficiency of wbich is acknowledged, and to secure the Secured Debl (defilled below) and Mortgagor's performam:e under this Security InslI1lment, Mortgagor grants, baJrgaiIJS conveys and mortgages to Lender the following described property: ' See Exhibit A Parcel I.D. # 23-35-2316-045 , Thepropefty is located in .......~~~.7.~~~~........................................... al ................................................ (C~) , . . . 17065 . ............................ .............................., .......................,.. ...... .................., Pennsylvama ......................... (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian :rigblS, ditches, and water slock and all existing and futDre improvements, structures, fixtures. and teplacements that may now. or at any time in the future, be part of the real estate described above (all teferred to as .Propertyj. 3. MAXIMlJM OBLIfW'mi ~~. The total principal amount secured by this Security InstrumeDt al ~ om time shall nol exceed $ ...................!........:....................... . This limitation of amount does not include iDlerest and other fees and charges valldly made pursuant to this Security Insl1'Wllenl. Also, this Umilalion does DOl apply to advances made wu'1er the terms of this Security IOSlI1lmenl to protect 1.eDder's security and to petform any of the covenants contained in this Sl:curity Instrument. 4. SECURED DE&T AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the lertlI8 of all promissory llOte(S). contract(s), guanmty(s) or other evidence of debt descn'bed below and all their e:X:lensions. renewals, modifications or snbstitutiODS. (When referencing the debts below it is suggested that you include items such as borrowe1'$' names, note omounJS, interest rotes, ItIllturity dates, etc.) Note dated August 9. 1999, between Green Tree Consumer Discount Company and Eat'l L Yocum, for $131,000.00, maturing August 13, 2024. PENNSYLVANIA. MORTQAOE (NOT FOR FNMA. fHLMC. FHA OR VA USE) (01894 a.lket. SVlUlms.loc:.. SI. Cloud, MN 1'.aOO'3S7'2~41) Form RE.MTG-PA 1211918-4 I'orm. ID #111184 n r i:")." of 61 ililli"""-- ""j.w:~~, . . 'a.J'?.r.."""", _ ~ ,,"~ .~. ~"J.. I U . 4" .~. ''Q:~.~ .. B. All future advances from Lender to Mortgagor or other future obligatilins of Mortgagor to Lender UDder all,)' promissory note, contract, guaranty, Or other evideuce of debt executed by Mortgagor in favor of Lender executed after Ibis Security Instrument whether or not Ibis Seeurlty Instrument is specifically refeIem:ed. If more lhan ODe person signs this Security Instrument, each Mortgagor &gICes that this Security Instromcnt will seeme all future advances and future Obligations that are given to or il1CUlTCd by anyone or more Mortgagor, or anyone or more Mortgagor and others. All future advances and other future obligations are secmed by this Seeurlty Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of tbis Seeurlty Instrument. Nothing in this Security Instnlll1ellt sha11 constintte a commitment to make additional or future lOaDS or adVllllCCS in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses illClllTed by Lender for insuring, presezving or otbcrwise protecting the Property and its value and any other sums advanced and expenses il1CUlTCd by Lender UDder the tenDS of this Security Instrumenl. This Security Insl1'UID<:nt will not secure any other debt if Lemler fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all paYJDents under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrumem. 6. WARRANTY OF TITLE. Mongagor warrants that Mortgagor is or will be lawfully sehed of the estate conveyed by lhis Security Instrument and bas the right to gIant, bargain, convey, sell, and mongage the Property. Mortgagor also WattaJlts that the Property is unencumbered, except for encumbr.mces of record. 7. PRIOR SECURITY INTERESTS, With regard to any <lther mongage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all paymentS when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement SCCID~d by the lien document without Leuder's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taXes, assessmcnls, liens, encumbrances, lease payments, gr01llld tents. utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such 81DOUlUS are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Seeurity Insttmnenl. Mortgagor agrees to assign to Lender, as requested by Lender. any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9, DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the eJlIire haIante of the. Secured Debt to be immediately due and payable upon the creation of, or COntIaCt for the creation of, any Jien, encumbrance, transfer or sale of tile Property. This right is subject to the restrictions imposed byfederaJlaw (12 C.F.R. 591), as applicable. This covenant shllll run with the Property and sha11 remain in effect until the Secuted Debt is paid in full and this Security Instrnment is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition IU1lI make all repairs that are reasonably 1ItCCSsary. Mortgagor sha11 not commit or allow any waste, i111p.I",,"Dl, or deterioration ,of the Property. Mortgagor will keep the Property fret of noxiOus weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will oot permit any clnmjle in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of llll demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the P'u}dty. ~1994 Bri.,-. Svltems, lno., 51. Claud, loAN 11..soo-3S7~23411 Fotrn Re-MTG-PA 1211918. { .7!';L-: ""'''-'-'......... ~ -'. I I .' .- I ~ ~'''''iI''-'ll-,a!;,'' . - . Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender sball give Mortgagor notice at the time of or before an inspection specifying a IeaSllIIable purpose fur the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way ~,ly on Lender's illSpection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in tlIis S<:curity IrIstrUlllem, Lender may, without notice, perfonn or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performam:e. Lender's right to perform for Mortgagor shall not create an obligatio.n to perform, and Lender's failure to perform will not preclude Lender from exercising any of Le'llder's other rights under the law or this Security InstrUlllem. If any coIIStruction on the Property is discontinued or not carried lID in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably gnmts, bargains, conveys and mortgages to Lellder as additional security aU the right, title and lnlerest in and to any and aU existing or future leases, subleases, and any other written or verbal agreementa for the use and occupancy of any portion of the Property, including any exleIJSions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive. eqjoy and use the Rents so long as Mortgagor is not in default under the terms of this Sc:curity IIllltrument. Mllrtgagor agrees tbat this assignment is immediately effective between the parties to this Security Instrument and effective as to lbird parties on the recording of Ibis Security IrIsttument, and this assignment will remain effective until the Obligatitlns are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Letuler after such recording, however Letuler agrees IIOt to notify MOrtgagor's tenant! until Mortgagor defaults and Lender notifies Mortgagor of the default and d"",.nlis tbat Mortgagor and Mortgagor.'s tenants Ipay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's POSsessiOD and will receive any Rents in trust for Lender and will not commiDllle the Rents with any other funds. Any anlOunts collected will be applied as provided in Ibis Security Instrument. Mortgagor w:mants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tellllIlt to comply with the terms of the Leases and applicable law. 13. LEASEHOlDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the pRlvisions of any lease if this Security InsttUIllent is on a leasehold. If the Property inclndes a unit in a condominiwn or a plaDned unit development, Mortgagor will perform all of Mortgagor's duties under the coVeIllUl1ts, by-laws, or regulations of the condominium or planm:d unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment wheJ~ due. Mllrtgagor will be in default if a breach occurs under the temIS of this Security Instrument or any other document execnlled for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender tbat Lender at any time is insecure with respect to any person Or entity obligated on the Secured Debt or that the prospect of any paymem or the vlllue of the Property is impaired shall also constitute an event of default. IS. REMEDIES ON DEFAULT. In some illStances, fedeIal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actiollS. Subject to these limitaw~ns, if any, Lender may accelerate the Secured Debt and foreclose Ibis Security IusttUIllent in a manner provided by law if MOItgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal sball become iDllllt>diately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the temIS of the Secured Debt, this Security Instrument allld any related doCuments. All remedies are distinct, cumulative and not exclusive, and the Lender is enlitled to all remedies Jm~vided at law or equity, whether or not ~ressly set forth. The accepumcc by Lender of ~y sum in payment or p~ pa)'Dl~ on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constttute a wll1ver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's d\:fault, Lender does not waive Lender's right to later cousider the event a default if it continues or happeDS again. : (' ;CPBIl'},'J of 6J ~l!l94B..keraS...e1l1m...lnc..Sr.CJoua.MN (1.800-397.2:3411 FormRE.MTa-PA 12/19/94 . &-~ ,- I "~~_liIIIl'_IiIjIb"'''''''"" ~ "1,"",'#' ~I"' '~ ~... ~ ~-; . . '. 16. EXPENSES; ADVANq:S ON COVENANTS; ATtORNEYS' FEES; COLLECTION COSTS. Except. when prohibited. by law. Mortgagor agrees .to pay all of Lender's expenses if Mortgasor breaches any covenant in this Security InstrwllCIlt. Mortgagor will also pay on demaud any amount illCuned by LeDder for instuing, Inspecting, preserving or othetwise protecting the Property ~ ,Lender's security intl:rest. These expenses will bear lntexest from !be dale of the payment until paid. in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses illCUlTed by Lemler in collecting, enforcing or protecting Lender's rights and remedies llIIder this Security lnslIWlaent. This amount may include., but is DOt limited. to, attorneys' fees. courr costs, and other legal expemes. 'Ibis Security lnslru:ment shall remain in effect until released. Mongagor agrees to pay for any recordation COS18 of such release. 17. ENVIRONMENTAL LA;ws AND HAZARDOUS.SUBSTANCES. As used in this section, (1) BnviroDlllental Law lOl~ans. without limitation, the eolnprehensive EnviroDlllental Response, Compensation and Uability Act (CBRCLA, 42 U.S,C. 9601 et scq.), and all otherf~, state and local laws, regulatioIlS, onlimmces. courr orders, attorney general opinions or interpretive letterS coocenpng lIle public health, safety. welfare, environment or a bazardous substance; and (2) Hazardous Subsllml:e IlleaDS any toXic" radioacDve or hazardous material, waste, pollutant Or con"'min.nt which has cbaJacterlstics which render the snbsllml:e dlingerous or potentially dangerous to the public health, safety, welfare or environment. The IICI1Il includes, without llinititibn, any snbsllml:es defined as "bazardaus material." "tollie substances," "bazardous waste" or "ha1.ardous substam:c" UIlder any Enviromnenllll Law. Mortgagor represents, warrantS and agrees that: A. Except as previously, disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located. stored or released llni or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recogniZed to be appropriate for the nollll31 use and maintetlllme of the Property. B. Except as previ,ously,disclosed and acknowledged in wrlliDa to Lender, Mortgagor and eveI)' tenant have been, are. and shall remain in full compliance with any applicable 'EnviroID1lClltll1 Law. C. Mortgagor shall hnm~tely notify Lender if a release or threatened release of a Hazardous Subsllml:e occurs on, llllder or about the l'Iopertj1 or there is a violation of any Environm~n..l L1Iw conceming the Property. In such an evc:nt, Mortgagor shall lake all necessary remedial action in accordance with any Envin:mm""lal Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reasOn to believe there is any pellllinjj or threatened investigation, c!;1im, or proceecllng relaliDa to !be release or threatened release of any Hazardous Subsllml:e or II1e violation of any Environm""tal L1Iw. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threaleJl!:d action,by private or pnblic entities to purchase or take any or all of the Property through condemnation, ~minent domain, or any otller 1lleaDS. Mortgalfor authorizes Lender 10 intervene in Mortgagor's ll3Dle in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or c1aim for damages conru:cted.with a condemnation or other taI:ing of all or any part of lhe Property. Such proceeds. shall be considered plIyments and will be applied as provided in this Secunty Instiument. fllis assignment of proceeds is subject to !be terms of any prior mortgage, deed of trust, security agreemem or other lien document. 19. INSURANCE. Mortgagor shall keep Property iDsu:red against loss by ,lire, flood, theft and other bawds and risks reasonably associated. with the Property due to its type and location, This insurance shall be m.intaine<i in the am.ounlS and for the periods that Lender requires. The illsurance carrier providing the insurance shall be chosen by Mortgagor subject 10 Lender's approvlll, wbicbshall not be unreasonably withheld. If Mortgagor fai1s to maintain the covemge described above, Lender may, at Lender's option, obtain cOVCIllge to protect Leoder's rights in the Property according to the terms of this Security lnsll'UDlent, All insur.wce policies and renewals shall be acceptable to LeDder and shall include a standard "mortgage clause" and, when: applicable, "loss payee clause." Mortgagor shall ;mm..Jwtely notify Lender of cancellation or termiDation of the blsnnmce. Lender sbaIl have the right to hold the policies and renewals. If Lender requiRs, Mongagor shall imtn:diately give to Lender all receipts of paid premiWllS and renewal notices. Upon loss. Mortgagor shall give immediate notice to the insuraoce camer and Lender. Lender may make proof of loss if not made immediately by Mortgagor. <<11 584 ~klf. S.,.et.m_, lno:" St. Claud. MN U.8Q0487.2;J411 Form R~TO-PA 12118/84 f :rl40f~ - '<.<L~~' ~- ,.".,........ -~ .....~-~ ,"" , .'- ~ ,,'~ ~ ~-..l'&i_,,!L , . Unless otherwise agreed in writing, all insonmce proceeds sball be applied to the restoIlllion or repair of the Property (Ir to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal sball not e~iICDd or postpone the due date of the scheduled payment nor change the amount of any payment. Ally excess will be paid to the Mortgagor. If the Property is acquitecl by Lender, Mortgagor's right to any illSllIlUlCe policies and proceeds resulting from damage to the Property before the acquisition sbalt pass to Lender to the extent of the Secured Debt imm,...n.tr1y before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDmONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, andlile any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mongagor's Obligations under this Security IDstrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABll.lTY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individnal. If Mortgagor signs this Security Instrument but does not sign an evidellCe of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Dl:bt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender frolll bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, bnt are not limited to, any anti-deficiency or one-<lction laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security IDstrument shaD biDd aDd benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABll.lTY; INTERPRETATION. This Security Instrnment is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by t!te laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may.noCbe amended or modified by ow agreenlent. Any section in this Secorlty Instrument, attachmeDIs, or any agreement related to the Secured Debt that conl1icts with applicable Jaw will not be effective, unless that Jaw expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section 'Will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singulnr sball inc1~ the piDral and.the plural the singnlar. The captions and beadings of the sections of this Security IDstrwllCllt lIr!= for convenience only and are not to be used to inteIpret or deiinc the terms of this Security InstrwllCllt. Time is of the CSSi."IICC in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice sball be given by delivering it or by mai1ing it by first class llnail to the appropriate party's address on ~ge I of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. ..... ....... .(',- . ":!\" ~:. ')'.. 25. WAIVERS. Except to the extent prohibited by Jaw, Mortgagor waives any right to appraisement r~~:i'o~the.P.!l!~. ...."1....-0... :'rC"--'~ ~~ i .....'.......-;. ..,.~~.....,r.. '::; S-;~ ~~:~ ~ ;....;;:; 2 2:::~= ;'o'~t,. ~l!;i \ -:~ ..'^./.~ .. 't" .....,$ ~~ ., '" ,'. "'" -.. , ~ ". ";,................ "",.... ....~--:_:.~ :t- .. ..... rD 1994 Brio" Sv.-oms, Inc., SI. Cloud, MN tl.800.397.:2341) Form AE-MTG-PA 12r1S194 f J!';;t of 5} .;....."""'~;Ul ~-" ~~O '!tI.I;,iH". . , .. 26. OTHER TERMS. If checked, the followiIIg are applicable to Ibis Security Instrument: D Lille o~ ~.. The Secnred. Debt includes a mrolving line of credit provision. Although the Secured Debt may be IClhIced II! a. ~ balance, this Security Instrumellt will remain in effi:ctllllliI :released. D CO~qtOD LolUl. This Security Instrumeut secures an obligation im:urred for the COJISlI1IclIon of an iIDprovemelll On the ProJJe#Y. D FIxture EjIing. Mortgagor gI3J1lS to LeDder a security interest in all goods that Mortgagor owns JlOW or in the future and that are or will become fixtu:res reJated to the Property. This Security Instnunent suffices as a financing Slale1!l1CIll and any catbon, PhotollIllPhic or other reproduction may be tiled of IeI:Oro for pmposes of Atticle 9 of the Uniform COmmercial Code. D Purchase Money. This Secnrlty Insttument secures advances by Lender used in wbole or in pan 10 acquin: the Property. Accordingly. this Security Instrument, and the lien hereunder, is and shall be construed as a purcbase money mortgage with all of the rights, priorities and benefits thereof lIIllIer the laws of the COmmonwealth of PeIlllSylvania. o NOTICE TO BORROWER: TInS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The COvenantS and &greeI"""1s of each of the riders checked below are im:OIporaled into and supplement and ameDd the terms of this Security lDstrumcnt. [OIeck all applil:able boxes) D COndominiumRider 0 Planned Unit Development Rider 0 Other .................................................., o AddllioD81 Tenus. , , SIGNATURES: By signing below. Mortgagor, inre:odlng to be legally bound hereby, agrees to the terms and covenants contained in this Security IDsmiment and in lIIly attachments. Mortgagor also acknowledges receipt of a copy of this Security IDstrnmeDl: on the date stated on page 1. .............t:L.~. L..........~:.0.s't1. (Si~arl L y~:: (Date) ....~~.~.~.t<'~~.c:l&':'O....... (W'ltIIl:ss) ...........n................................................................ (SignalUtO) (D~~) ...........................................4................................ (Witnes.) ACJ[(NOWL~=~LTH OF ...~~~~.:Y.~~:7:;.~.':l:............g~UNTY OF ..~~k!4.J...} 55. ~ 'On this. the ........~.............. day of .......~~m:!I!l;t?~..~.~....................., before me .................................... the UJJdcISigned officer, persoDally appeared ..~~:~..~..~~.~~....................................................................... ........................................................................................., Imown to me (or satisfactorily proven) to be the person(s) whose oame(s) is subscn"bed to the within inslrU1llent, and acknowledged that belshe execuled the same for the putposes therein caJJlllined. In witness whereof. I hereunto set my haDd and official seal. #:~~~,..,.,tff~... A-Ires' NOTARIAL SEAL ~~~ ~ ....:-'"'.f -.}. co.IIJ,;. .E':^J . DELL B CHILCOTE, Notary Public '" .",.-~ .,~" WEN . C b rI deounk. ... ............ ...... .............. ....... ........ ............... ;: ::--.::;; ~ .', Camp Hili Boro, urn e an '1 ~ ~a:s ~ F,l? ~ MyComrnlsslonEllpiresJune17,2002 S ~\Jk. .1f'~ ~ <".1}\.~,.: ~;.~- k/ ~..;;()fti'.;............................................................... . . '/'., :h.. '.".,~ . . . . Green Tree COZl8UD18:r D1I!eO\1D.t. COIIpany IllS hereby.ci:rtlfied iballlie address of the Lender Wlthinnamed IS: ............................................................................ 3401 Hartzdale Drivo Suite 118. camp Hlll, p.nnsylvania 17011 ...........................................................................................................................................n......................... ............................................................................. G>1G84 Brillfl Syltem..lne.. 91. Qouc:l. MN 11-800-397.234" Form flE-MTo-PA 121,81lM fp~gs 6 of 6J ,.c"'......"""....r,:1:~. , " - ~ "'~ "'C ..-_..... - I~ ~"~", .. . , EXHIBIT A Leaal Description. ALL TI1AT CERTAIN PROPERT'l SITtlA'rED IN THE BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED OATED 09/23/96, RECORDED 09/24/96, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 146, PAGE 370 Parcel ID: 23-35-2316-045 \ - Me M-"_ L.. . , L. _. '~!i"a"i"",ili#"l' , ~t CONSECO, ,..~ CONSECO FINANCE SERVICING CORP. Pennsylvania 7 J 60 S K yrene ~.tice of Default and Act 91 Tempe. Arizona S'j2S.,-.ij8.3 g8S-3 Ij-S733 Date: January 12,2000 ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS EARL YOCUM 116YATESST.' MOUNT HOLLY SPRINGS, P A 17065 Loan No. 6904417737 Date: January 12,2000 Mortgaged Premises: 116 YATES ST. MOUNT HOLLY SPRINGS, PA 17065 Certified Mail #: Z 205160742 Social Security No: 204305063 FROM: Conseco Finance Consumer Discount Company YOUR MORTGAGE 1s IN SERIOUS DEFAULT because you have not paid promptly installments of principal and interest and escrow, as required, for a period of at least SIXTY (60) days. The total amount of the delinquency is 53990.98 That sum includes the following: $1173.82 due 11/13/99, $1173.82 due 12/13/99, and $1173.82 due 1/13/00, plus late charges of$469.52 and return check fees of $0.00. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE TIfAT WILL 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, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANA nON OF YOUR RIGHTS. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the day of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit cOlInseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. THAT MEETING MUST OCCUR IN THE NEXT THIRTY (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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Ruth Hernandez Conseco Finance Mortgage Services Division 7360 S Kyrene Road Tempe,)CZ 85283 (800) 603-1109 EXHIBIT "B" Gl iiiiii - -'""....,;...J~_ _..^'~- \If;\IJ~d ~ , ..,., CONSECO FINANCE SERVICING CORP. 7~6o 5 Kvrene Road Tempe, A~izona l.i,2.83-.H83 The names and addresses of designated coJs~bl5credil counseling agencies are on the enclosed list. one face-to-face meeting. You should advise this lender inunediately of your intentions. ~'.. CONSECO. It is only necessary to schedule . If you have tried to and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for fmancial assistance from the Homeowners' Emergency Assistance Fund. In order to do this, you must frll out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. IT MUST BE FILED, OR POSTMARKED, WITIHN TIIIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit cOU!lseling agencies on the enclosed list. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P. O. Box 8029, Harrisburg, PA 17105. Telephone Number: (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780.1869. An application for assistanceinay be obtained from this lender, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW TIlE OTIlER TIME PERIODS SET FORTIl IN TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME L\1MEDIATELY. Available funds for emtrgency 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 APPLICATION IS ACCURATE AND COMPLETE IN EVERY RESPECT. The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to mal,e a decision after it receive$ your application. During.that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of it's decision on your application. In addition, you will receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice ofIntention 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, we cannot foreclose upon you during that time. Also, if you receive fmancial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving assistance. Sincerely, j(A((,...j> ~ Kelly Holding Mortgage Collections Supervisor Conseco Finance Mortgage Services Division (800) 603-11 09 Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File @ - 1,"llIii~ '. '1IllI/i!Ui/ -. ,ifjJt~~,li!!I~~~W;!<~W~~>AllJti:ii :" ':;":"- ,~ ~.~ ~il~~ '" -~...-1iiMIIt' '~ ~ --tQ, ~R fi .c \....'~ Vi .'1 0 '- (' 8 E ":5!-..J I ~~::tJV"l V)~~f ~ $ {J D 0 9--l oPT tv Q 0:),-- + S ~ .('J ~ ~ ~ C) ;) s: -'1 --" ~ ~: i ~ -'~1 ~;'iC':' ._'....c...,~"] (;) .c:: r ;"<, ~j "': ~~ ~~- ._, ~~ :",) ',.j "",,'':' <J --I =) ...... -< <:) ~ (0 c~ ~u --.( fY f5~ ~. ~ g ~ ]~ ~ (~~ r I ,/~ - . -"~' > ,~".' - '-,^ <d ',,' .' - "^~,'~'-> , ~-,- '^-c,_,,,,;,,,.,"I~";8"(' "--"lit:; 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 Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term (~ , ~ , i: i~ Earl L. Yocum AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA: SS. I I r COUNTY OF CUMBERLAND Terrence 1. McCabe, Esquire, being duly sworn according to law, deposes and : r I I i says that the following is true and correct to the best of his knowledge and belief: , i f" I' Ii 1. That he is counsel for the above-named Plaintiff; 2. Per the attached Court Order, Plaintiff served a true and correct copy of the Notice of She rift's Sale of Rea 1 Property upon the Defendant(s), Earl L. Yocum, by regular mail, certified mail, return receipt requested, addressed to 6412 Carlisle Pike, Mechanicsburg, PA 17055. True and correct copies of the letter(s), certified return receipt(s), certificate(s) of mailing, and signed green card dated for March 13,2001 are attached hereto, made a part hereof, and marked as Exhibit "A ." 3. That on April 10, 2001, in accordance with the attached Court Order, ~ . ~," ','", ,- <,. "' " . .i,,', '---" '" ,~"'~ "'c.'."':,,;,",""lj,"~"""."':" i"_'. ".-", 'ii: @ ~ ~ ir Sheriffs Return of Service formes) indicating the same is attached hereto, made a part I' ;" '.... ~,1 If; I:'.' I~ ': I~ Plaintiff served a true and correct copy ofthe Notice of Sheriff's Sale of Real Property upon the Defendant( s), Earl L. Yocum, by posting the same at the mortgaged premises known as 116 Yates Street, Mt. Holly Springs, P A 17065. True and correct copy of the hereof, and marked Exhibit "B." It,'.: " i" ~' I;, ~5 ( ~. I' It l~ if' ~ TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 3~ DAY OF 1f1~ J-n J ,\' I[ I I' I " ie ~,' i: r , " multi//{ !l, ;WJAk NOTARY PUBLIC NOTARIAL SCAI. ~.. ,,.,, _"" ,k ~''OIi ~ _.._ ~~ " '"~~ ~H 1_.- 1- ~. _i' TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA. PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08ID8 (856) 858-7080 FAX (856) 858-7020 SUITE 1503 52 VANDERBILT A VENUE NEW YORK, NY 10017 (212) 697-001 I FAX (212) 953-0986 March 9, 2001 Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, PA 17055 Re: Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company v. Earl L. Yocum Cumberland County; C.C.P.; Number 2000 1046 Civil Term Dear Mr. Yocum: Enclosed please find a true and correct copy of the Notice of Sheriff's Sale of Real Property, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, ...----r.- iVI...----------. TERRENCE J. McCABE TJM/dz Enclosures EXHIB\T U~ SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7000 0520 0020 9598 2597 RETURN RECEIPT REQUESTED Postage $ Certified Fee Retum Receipt Fee (Endorsement Required) Restricted DaUvery Fee (Endorsement Required) Total Postage & Fees $ u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC' AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE. P.: : " '...... , I r. '~;71 , r. Received From: Fllm:UNION RUH.OING 123 SOUTH BROAD STREET ,sum 2686 PHILADelPHIA, PA 191 O~.. , .. .. . , .::. \ " ,'. o~";:;'''Y m.:, add''''~ . . t,cj/..? ~g '-fJdu- .~ fJa. J70SS , i Affix fee h,.... . ,.,......-..~i ':....../ '" .,~). " I c;; ,.\ ..~, ~ ',11:'. 'r \'" ' ,1.1 ~~. ~ ~ .(~~.' I ........-. i .1'.< \ ,I. -. ~:;.;I~~'_: :~ F"; ;:: . .. ...."....... "'"",a: 'I' '. ~$: ...~~ ~ITl ....... ~.~'I ~ ~~TI ,~,. A'.,~i_.... c: :;"...) :Q 7. '?: ", PS Form 3817, Mar. 1989 ;ompiete, Items 1, :;t, and's. Ai~o' dorii'pl~te i' em 4 If Restricted Delivery Is desired. rlnt your name and address on the reverse o that we can ,eturn the card to you. ttach this cerd to the back of the mellplece, X 0 Agent r on the front if space permits. firP., 0 dressee .jI':l" Yes .. If YES, enter delivery address below: 0 No ,0Jd~. ~~. A . # /l-dd-!-tJf /15 ,'I/c:L~ T.J..I'UU , 'fo- . 3. Se ceType I Certified Mall 0 ~s Mail J 7 tJS S D Registered ~eturn Receipt for Merchandise o 'nsured Mai' 0 C.O.D. 4. Restricted Delivery? (Extra Fee) rtlcle Addressed."to: Or ~c6o'Dr(Co3s';Olcelabebd.;( 0 969,r.,2tt6 f} 7 ::', orm 3811, July 1999 Oomes1lc Return Receipt Dyes 102595.QQ.M.Q9!2 --"'''''''"'tII~,. EXH' 8\1 " p,:. - ,--,""~ ............. . "~ -- , - 11ilIIIilII*Iil~~ N~' n.,,;; Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company VS Earl L. Yocum In the Court of Common Peas of Cumberland County, Pennsylvania No. 2000-1046 Civil Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on April 10, 2001 at 4:46 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Earl L. Yocum located at 116 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to the within named defendant to wit: Earl L. Yocum by certified mail return receipt requested, restricted delivery, deliver to addressee only to his last known address, 6412 Carlisle Pike Mechanicsburg, PA. This letter was mailed under the date of April 12, 2001 and the certified card receipt was returned to the Sheriff s Office on April 16, 2001 signed by Earl L. Yocum. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to the within named defendant to wit: Earl L. Yocum by regular mail to his last known address, 116 Yates Street Mt. Holly Springs, P A. This letter was mailed under the date of April 12, 2001 and never returned to the Sheriff's Office. ?~ ~ ,..... ~"'~1~ R. Thomas Kline, Sheriff BY<~~ Dep Shenff EXH'IBIT IIBIB OJ .~~"~ '"~ '~ -- I~ - "'j' , ,."'.. ".."" "Ocn j 7 200~JP McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification ~umber 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT: COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. CUMBERLAND COUNTY COURT OF COMMON PLEAS EARL L. YOCUM NUMBER 2000-1046 Civil Term o R D E R AND NOW, this J 3i:h day of LOclobe R , 2000, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Earl L. Yocum, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address of 6412 Carlisle Pike, Mechanicsburg, PA 17055, and further by posting at the mortgaged premises known in this herein action as 116 Yates Street, Mount Holly Springs, PA 17065. BY THE COURT: ts/~xin j #.MJ :~I,"'-"~"1..aWtli'i1f.1;l'11$WlikWtti-!:MlII~~~~tl;~.;~~~!iI;Ilil!i~ "' _.s..' -- - "~ _'.-.I.~lO. " , , 0 0 0 C $: .n ~m t_ ~rTi c:: :1:: ih~:g Ze: , -c.:m cn.- <Jl -:'.'7 -<2: \ ~"', ~o ""\") "::;0 ~o :1'- ?:~?~~ . --0 Pc: ~ orn Z ~ ::< (Jl ;;0 -< - -'~ ,.'". Lilli- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I. ____________________________________________________~________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ Conseco Finance Consumer Discount Co f/k/a Green Tree Cons Disc Co ____________________________________________________________________________________ ~ the gr.ontee the same having been sold to said gr.ontee on the ________n____o.t.h.______n______n__n___n_n_ day of June . 2001 . n___n______n________n__________n___ A. D., ' n_n' under and by vIrtue of a writ__________n__ Execution . 13th _______________________ _____ __________ ___ nn___ISSUed on the _ __n_n___ __ ___ ____ _n___ n __ _______ day of ______!1_~':s!:i__________,,--- A. D., 2~9}__, out of the Court of Cornman Pleas of said County;'s of Civil . 2000 ______________________________...__________n_____ ________________n__________n_n Term, . ._____ Number __19'2________. at the suit of _~5'_'!~~~5'__~~!'_~'!~~__~~~~~~'::_p_~~:~~_':~_~_':_~!Y_~_9:_':::'n:.,:ee __.9_q,'!~!!~.!'E_12!!'_c:.'?!!!.'E__~~__n_ __ __ against_ _m _ ~_~:~.~_ _ :~~~~____n ____ ______ _______________ ~ 247 2735 duly recorded in Sheriffs Deed Book No. n__________, Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office th~ ____!:.tf.__ day of ___m______~---------- A. D., d-QSd ---~--@~--~:~~ Iletanler oIlleet1s, Cumberland County, Ca~isfe, PA My Cllmmissian Elpires the filii Manda, 01 Jan. 2Oll2 - ~ ~. , Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company VS EarlL. Yocum - "t'l"\:l"" . ! '~ In the Court of Common Peas of Cumberland County, Pennsylvania No. 2000-1046 Civil Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on April 10, 2001 at 4:46 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Earl 1. Yocum located at 116 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to the within named defendant to ~t: E<'rrI1. Yocum by certified mail return receipt requested, restricted delivery, deliver to addressee only to his last known address, 6412 Carlisle Pike Mechanicsburg, P A. This letter was mailed under the date of April 12, 2001 and the certified card receipt was returned to the Sheriff s Office on April 16, 2001 signed by Earl 1. Yocum. R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to the within named defendant to wit: Earl 1. Yocum by regular mail to his last known address, 116 Yates Street Mt. Holly Springs, P A. This letter was mailed under the date of April 12, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given, he exposed the within described premises at public venue or outcry at The Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., EDST. He sold the same for the sum of $55,000.00 to Attorney Carl Ledebohm for Conseco Finance Consumer Discount Company fIkIa Green Tree Consumer Discount Company, it being the highest bid and best price received for the same. Conseco Finance Consumer Discount Company fIkIa Green Tree Consumer Discount Company of 7360 Kyrene Road, Tempe, AZ 85283, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $2,004.04, it being sheriffs costs. Sheriffs costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail 30.00 1100.00 15.00 15.00 30.00 10.00 .50 1.00 4.34 9.53 . ~" - Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed - , . - ~ =,1 "''''"~';o 15.00 20.00 200.00 242.15 234.93 25.09 25.00 2.6.,2Q $2,004.04 paid by Attorney Terrance McCabe 7-06-01 Sworn and Subscribed to Before Me This So ~ Day of 9,~ 2001, A.D. ~t" (). ~, ~ r thonotary s,~ an~~~ ~ ~~~- :--c'l~ ~ R. Thomas Kline, Sheriff BY~~ DeprltY Sheriff ~.~ ~A\- . \Y' (),. ?fl' ~ \. .1 ( J..\V I'> '? 1 "q 0'"' )1 V ..... ~-" .J :;"", .. SCHEDULE OF DISTRIBUTION SALE NO. 29 Date Filed - July 6, 2001 Writ No. 2000-1046 Civil Conseco Finance Consumer Discount Company Flk/a Green Tree Consumer Discount Company VS EarlL. Yocum 116 Yates Street Mt. Holly Springs, P A 17065 Sale Date - June 6, 2001 Buyer - Conseco Finance Consumer Discount Company flk/a Green Tree Consumer Discount Company Bid Price - $55,000.00 Real Debt Interest from 2/3/00 Writ Costs $162,752.36 4,352.96 187.50 Total $167,292.82 DISTRIBUTION Amount Collected Sheriff s Costs Legal Search $ 2,004.04 1,804.04 200.00 Total $ 0.00 Refund of Advance costs $ . 1,000.00 So Answ;~ #' ~ r~~J1':4-e:1~-4 R. Thomas Kline, Sheriff B - a~~:, ~ ~ ~ ~............ I ~ '-""""""a',: , '" TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WIllCR WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 29 Held Wednesday, June 6, 2001 Date: June 6, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BElNG the same premises which Richard P. Blocher and Janice L. Blocher, his wife, by Deed Qated September 23, 1996, recorded September 24, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania, in Deed Book 146, Page 370 granted and conveyed to Earl L. Yocum, single man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of P A Route No. 34. 6. Mortgage in the amount of $131,000.00 given by Earl L. Yocum, single man, to Green Tree Consumer Discount Company dated August 9, 1999 recorded August II, 1999 in Mortgage Book 1563, Page 579. Complaint in Mortgage Foreclosure filed by Conseco Finance Consumer Discount Company as Plaintiff against Earl L. Yocum as Defendant in the Office of the Prothonatary of Cumberland County to file no. 2000-1046. Default judgment entered - " L ~,,~"-~- Jj"",,_ ~ l. , .... :i March 13,2001 in the amount of $162,752.36. 7. Municipal lien filed by the Borough of Mt. Holly Springs as Plaintiff against Earl L. Yocum as Defendant in the Office of the Prothonatary of Cumberland County on March 1, 2001 to file no. 2001-1190 in the amount $536.51. 8. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau for the years 1999 and 2000. 9. Subject to the right of Millicent L. Kitzmiller, and her successors in title to maintain a water pipeline within the boundaries of the subject premises and to have the right to enter on the said premises to make repairs to said water pipeline. Subject further to the right of Millicent L. Kitzmiller and her successors in title to the right to use the private driveway as a means of ingress and egress to other property now or formerly of Millicent L. Kitzmiller. Both said easements are as set forth in Deed recorded in Deed Book "F', Volume 13, Page 551. 1 O. Rights granted to the Metropolitan Edison Company by instrument recorded in Miscellaneous Record Book 195, Page 100. 11. Rights granted to the Metropolitan Edison Company by instrument recorded in Miscellaneous Record Book 81, Page 142. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. i " ii ~, , ;i ,I , 1 ! 14. Possible rights of Reading Railroad Company, its successors and assigns, adjoining property to the rear. 15. Real estate taxes accruing on and after July 1,2000 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. '" A, Robert G. Frey, Agent Note: This Title Report shall not be valid bin 'ng until countersigned by an authorized signatory. -... C'"'^"M_' :Iii!L);.- ~ REAL ESTATE SALE NO. 29 Writ No. 2000-1046 Conseco Finance Consumer Discount Company. f/k/a Green Tree Consumer Discount Company vs. Earl L. Yocum Atty.: Terrence J. McCabe AIL THAT CERTAIN tract or par- cel of land and premises. situate; lylng and being in the Borough of Mount Holly Spr1ngs in the County of Cumberla..'1d and Commonwealth of Pennsylvania. more particularly described as follows: BEGINNING at an iron pin 25 feet from the centerline of Pennsyl- vania Route No. 34 at line of land formerly of A. Douglas Thompson. et Ux., now of Richard R Brown, et ux; thence by said Brown land. North 64 degrees 28 minutes 20 seconds West, 187.06 feet to an iron pin on line of land of the Reading Railroad; thence by said RaIlroad land, North 13 degrees 29 minutes East, 128- .87 feet to an iron pin; thence by land of William D. Drake, et ux, South 63 degrees 11 minutes East. 212.5 feet to an iron pin from the centerline of said Route No. 34; thence by said Route No. 34 and 25 feet from the centerline thereon, South 24 degrees 49 minutes West, 121.26 feet to an iron pin. the PLACE OF BEGINNING. CONTAINING 0.566 acres. more or less. Tax #23-35-2316-045. Being Known As: ll6 Yates Street, Mount Holly Springs, Pa. 17065. ~ ." ~"" .~ I_~,_"- ~r'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 Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum 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 116 Yates Street, Mount Holly Springs, Pa., 17065, 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 Earl L. Yocum 6412 Carlisle Pike Mechanicsburg, Pa., 17055 2. Name and address of Defendant(s) in the judgment: Name Address Earl L. Yocum 6412 Carlisle pike Mechanicsburg, Pa., 17055 - ~ ~" .. ~ " '""""'_0,,: 'I, .' . '. 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 Tenant(s) 116 Yates Street Mt. Holly Springs, Pa., 17065 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 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. J-f-D/ DATE J!L-l1)-(Q/fC~ ?~ - ~"7l/li!./ C},J"J2./ TERRENCE J. Mc~ABE, ESQUIRE Attorney for Plaintiff .~, ,~". =; "' ~ .-. 'il' 1iilI'-""'~ ~ ...L ,~ ~~-~ ., . t" . . ALL THAT CERTAIN tract or parcel of land and premises, situatei lying and being in the Borough of Mount Holly Springs in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin 25 feetfrom the centerline of Pennsylvania Route No. 34 at line of land formerly of A. Douglas Thompson, et UX, now of Richard R. Brown, et UXj thence by said Brown land, North 64 degrees 28 minutes 20 seconds West, 187.06 feet to an iron pin on line of land of the Reading Railroad; thence by said Railroad land, North 13 degrees 29 minutes East, 128.87 feet to an iron pin; thence by land of William D. Drake, et ux, South 63 degrees 11 minutes East, 212.5 feet to an iron pin from the centerline of said Route No. 34; thence by said Route No. 34 and 25 feet from the centerline thereon, South 24 degrees 49 minutes West, 121.26 feet to an iron pin, the PLACE OF BEGINNING. CONTAINING 0.566 acres, more or less. Tax #23-35-2316-045 Being Known As: 116 Yates Street' Mount Ho11y Springs, Pa. 17065 ~X/8tT A. L , ~ ,,".1tr__;"" """""'"""'~~ """'-~ "'" ,,=- l~ ~" -" IIiIIifIlIIlMI ~i"f .' , .. J: " ,- .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 Civil Term Earl L. Yocum DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Earl L. Yocum PROPERTY: 116 Yates Street, Mount Holly Springs, Pa. 17065 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 6, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. "~ ~, , ~" .~ .J-. ~"~' _1IlW.!c,"" . If> .. J(' -OIl 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 Conseco Finance Consumer Discount: Company, f/k/a Green Tree Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-1046 civil Term Earl L. Yocum NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Earl L. Yocum 6412 Carlisle pike Mechanicsburg, Pa. 17055 Your house (real estate) at 116 Yates Street, Mount HollySprings, Pa., 17065, (more fully described as attached), is scheduled to be sold at Sheriff's Sale on June 6, 2001 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 $162,752.36 obtained by Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE 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 Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much "-~--"'~~, ,~'~ "" '"" I--~ ~-""',,"ci , . ,i .. '4" ~I 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 SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the She~iff'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 June 6. 2001. 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 June 6. 2001. ~ ',-~ ~,' ~~ . ,,~ _.~~ -- ~- . '.. " <It . .., 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUNBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .J 1- '::r'omii;>;!".-,,,,,'L' ~~ - I ~_ -0<1 I " . '. .....-.., ALL THAT CERTAIN tract or parcel of land and premises, situate; lying and being in the Borough of Mount Holly Springs in the County-of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin 25 feet from the centerline of Pennsylvania Route No. 34 at line of land formerly of A.Douglas Thompson, et ux, now of Richard R. Brown, et ux; thence by said Brown land, North 64 degrees 28 minutes 20 seconds West, 187.06 feet to an iron pin on line of land of the Reading Railroad; thence by said Railroad land, North 13 degrees 29 minutes East, 128.87 feet to an iron pin; thence by land of William D. Drake, et ux, South 63 degrees 11 minutes East, 212.5 feet to an iron pin from the centerline of said Route No. 34; thence by said Route No. 34 and 25 feet from the centerline thereon, South 24 degrees 49 minutes West, 12U6 feet to an irori pin, the PLACE OF BEGINNING. CONTAINING 0.566 acres, more or less. Tax #23-35-2316-045 Being Known As: 116 Yates Street' Mount Holly Spri.ngs. .Pa. 17065 , I / l- ~"}!: ~~ , .' ~ WRITO.FJE,JECUTIQN andJor ATTACHMENT , :",: I ~ COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) 00-1046 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland 1Ii""'C.~'A;, 1IQ:'$'atisfy the debt, interest and costs due Conseco Finance Consumer Discount Company, f/k/a Green $ri-~ Consumer Discount Company from EarlL. Yocum, 116 Yates Street, Mt. Holly Springs, PA 17065 COUNTY: PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ ';"'. i,;.. GARNISHEE(S) as follows: :i :1 ., , ,1 1 ~ II " 1:1 j'; n " i~ [I 'I 'I I I I I I I I I, Ii ~ ~ I " I I I I I I I I I ] I ;.;, ';r,", , , ~. ~. ~ and to notny the garnishee(s) that: (a) an.attachment has been issued; (b) the gar!;1ishee(s) is/are enjoined from payin!J any debt to or for the account of the defendant(s) and from delivering any propertyal\tll!':cJe'~JId_)~rtJlherwlse disp~slng thereof; (3) If property of the defendant(s) not levied upon an subject to attachmfil.(1l t~to.und i~~h(j po,~~&sion of anyone other than a named garnishee, you are directed to notify himlherthat he/she has been added as a garnishee and is enjoined as above stated. Atty's Comm Atty Paid Plaintiff Paid % L.L. Due Prothy Other Costs $.50 Amount Due $162,752.36 Interest f'rnm? I?, Inn , , S1.00 $187.50 Date: March 13, 2001 Curtis R. Lonq Prothonotary, Civil Division R~ C7 2 ~?/M~.r-- D,eputy '-.l1y: REQUESTING PARTY: Name Terrence J. McCabe, Esq. 123 S. Broad Street, Suite 20BO Philadelphia, PA 19109 Plaintiff Address: Attorney for: Telephone: Supreme Court ID No. 215-790-1010 16496 l_l;_""-~ m8~' ""i'iiaI "... , ~- .. -- <."", ,;,~ ~ .' .... f:. ...... . -"",. ...~. "- . \'" , REAL ESTATE SALE No. J "! \ .oN 31VS 31 V 1S3 1'd3~ ~ sri ~ " <5'0 ~ ()n 1'1 ~ } 5, .;2.00/ the sneriff levied upon the detenoant~ Interest In the real property situated in 1fY71:.1f~..~~j!3..J3Xf)(j~h.. OUmberland ~nty, Pa., known and numbered as: 1/1..., o~~t. fl'}{;.1f./~~more fully described on exhibit "A" fUed with this Wfltandby this reference incorporated hemin. _: rrfCVLch 15, 01 00 I By: 11 cJ.:Ju.-... Cfu.Ju- Oepu~ ~ , \Si~\~3c\ '"' \ \~ ~ F: ;;\.\'1 ';\ "t ..'\. <\',,10 \. , '(}t ~\ S\ \\,~ \\}f \\~ ". <..\"Ii\~)O ).1."\lti~ ';~;. ~o 1:;\~ :i:i\\\:1\\S . .. .1 "~~"~ti / .') THE PA1'RIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s} of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorde,d in the office for the Recording of Deeds in and for said County of Dauphin in icellaneous Book "M", V;I~:L11~:~~~~' ...............................~....~................................................... COpy Sworn to and is 21st da of Ma 2001 A.D. S ALE #29 Notarial Seal . Terry L. Russell. Notary PUbtlC Harrisburg, Dauphin County My CommisSion ExpireS June &, . N TARY PUBLIC Member, PennsylVania Association 01 Not.n~y commission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 233.43 UiO 234.n Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of genl3ral circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... .,--, ~ " '~" . -. ESTATE SALE NO. 29 Writ No. 2000-104~ Conseco Finance Consumer Discount Company. f/k/a Green Tree Consumer Discormt Company vs. Earl L. Yocum Atty.: Terrence J. McCabe ALL TIfAT CERTAIN tract or par- cel of land and premises. situate; lying and being in the Borough of Mount Holly Sprtngs In the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at an iron pin 25 feet from the centerline of Pennsyl- vania Route No. 34 at line of land formerly of A. Douglas Thompson, et UX, now of Richard R. Brown. et we; thence by said Brown lalld. NQrth 64 degrees 28 mtnutes 20 seconds West, 187.06 feet to an iron pin on line of land of the Reacltng Ratlroad; thence by said Ra1lroad land, North 13 degrees 29 mtnutes East, 128- .87 feet to an iron pin; thence by land of W1lliam D. Drake, et ux, South 63 degrees II mtnutes East, 212.5 feet to an iron pin from the centerline of said Route No. 34; thence by said Route No. 34 and 25 feet from the centerline thereon. South 24 degrees 49 mtnutes West. 121.26 feet to an iron pin, the PLACE OF BEGINNING. CONTAINING 0.566 acres. more or less. Tax #23-35-2316-045. BeJngKnownAs; 116 Yates Street, Mount Holly Sprtngs. Pa. 17065. ,.- ,-,-,'-< , '", "'"~'" 'rii!iito " _ J, " L ~,' "~Mlidi&~1 .It . ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the officia11ega1 periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: APRIL 27, MAY 4, 11, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ c7/JItA ~ Ro r M. Morgentha1, Editor SWORN TO AND SUBSCRlBED before me this 11 day of MAY. 2001 ~~~tr~/ , L """ E. SNYDER, Nots1Y~... ic ..BoIo. tuJnbar:landeounty , ~ ComIIisslQn Expires MardI S;~