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HomeMy WebLinkAbout00-01649 -," ,.t , . -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, Pennsylvania 19109 (215) '790-1010 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Cynthia K. Bauder 457 Wolf Bridge Road Carlisle, PA 17013 :; . ~ ,,,>,, -" .-,: '",'__.___ ,-i ,0 , ,'..~ Attorney for Plaintiff Cumberland County Court of Common Pleas Number 00 - 1~'1 (]0~lY~ 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. rou 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 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 (717) 249-3166 AVISO Le han demandado a usted en la corte. 51 usted qui ere 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 sus defensas 0 sus objeciones alas demandes en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas 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 provisiones de esta demanda. Usted puede perder di nero 0 sus propi edades u ot ros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO INMEDlATAMENTE. SI NO TlENE ABOGADO 0 SINOTIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRJTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Li berty Avenue Carl isle, PA 17013 (717) 249-3166 ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building . 123 South Broad Street, Suite 2080 'Phi1adelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. plaintiff is Conseco Finance Consumer Discount 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 Cynthia K. Bouder, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 457 Wolf Bridge Road, Carlisle, PA 17013. 3 . On February 18 , 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 1521, Page 507. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 457 Wolf Bridge Road, Carlisle, PA 17013. -'. "'~' ---"-, , ,-" ~ ~ ~' .,,-c " ~ -"-" 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October, 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 1/26/00 (Plus $40.787 per diem thereafter) Attorney's Fee Late Charges (10/99 through 1/26/00) Mortgage Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $115,855.38 $ 4,897.66 $ $ $ $ $ $ 5,792.77 513 .66 7,356.81 225.00 125.00 200.00 $134,966.28 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. II -",,-,-,,- .C. _l '. _ . "" > ~ "-,,,-,-" WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $134,966.28, together with interest at the rate of $40.787 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ~Q.~, fV/c~ TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff .- .~ ~-:".-- .- ':-,~ .-'f'- "'. - '" - -" , ~,-, -.,,,--, 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. ~4904 relating to unsworn falsification to authorities. ,J..QAAvnc.e ~ _ mL~ TERRENCE J. MCCABE ~~ -, J ! 6/~~ <-~ ~f ~ , ., ,. Commonwealth of Pennsylvania Space Above Tb:i.s Line For Rec::ordiDg DafB. OPEN-END MORTGAGE Applic.'to"a'i. ## WllNN? This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ....~.7.~~:=:.:x...~~!...:.-.~.?~........ and the parties, their addresses and tax identification numbers, if required, are as follows: l t.; 'I ' 4 0 ~ 5L40 MORTGAGOR: Cynthia K Bouder vI o If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors. their signatures and acknowledgments. Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 , ,~ . . \\~ 2. .CONVEYANCE. For good and valuable consideration, the receipt JlDd sufficiency of W~iS ~l';;ged, and to secure the Secured Debt (defiued below) and M9r:gagor's ~fonnance under this Security Ins , Mortgagor. gr~, bargains, convey~:maJl1Ortgagesto~derthefol1o~ngd~scnbedproperty: .. ." ~.' . .~ ~::o '. '. See Exhibit A '- ~" . ~ ~ ~~. ~ 'OJ ::0 0 lD ::0'" N !;o::o N ZOl-l C1::O~ ::E CON ~ 0"'- com I"\:) z",'" -lm' If"\:) -< C m The property is located in... ....0.:~.~.-:::~~~?........................................... at ....... ..............;SL...:,.~..~...... . (County) > '. . 17013 .. ................ ........ .....~.... ......................., ......... ............ ............... ........ ....... pennsylvarua ,.............. .......... (Address) (City) (ZIP Cod.) LENDER: Together with all rigbts. easements. appunenances. royalties. mineral rights, oil and gas rights. all water and riparian rights. ditches, and water stock and all existing and future improvements. strUctures, fixtures, and replacements thai may now. or at any time in the future, be part of the real estale described above (all refened to as "Property"). 3. MAXIMUM OBLIft;p,~ ~~. The tocal principal amoU1l! secured by this Security Instrument at anyone time shall not exceed $ ...................!........:....................... . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instnmlent. Also. this limitation does not apply to advances made under the tenns of this Security Instrument to protect Lender's security and to perfom any of the covenants contained in this Security Instrument. 4. SECURED DEBT 'AND FUTURE ADVANCES. The tem 'Secured Debt" is defined as follows: A. Debt.1nc'!IT"d llDder the tellDS of all promissory note(s),..cont:racl(s), guaranty(s) or other evidence of debt described . below and all their extensions. renewals, modifications or substitutions. (When referencing the debts below it is . suggested that you include items' such as borrowers' names, note anwunts, interest rates, maiurity dates, ete.) Note dated February 18, 1999, between Green Tree Consumer Discount Company and Cynthia K Bouder, for $116,250.00, maturing February 23, 2024. PENNSYLVANIA. MoATOAOE INOT FOR FNMA. FHeMe. FHA OR VA usa .boox1S21 PA~E .sO? ~19941Jat*er.Sy.t.m...lnI:.. St. ClrKJd. MN "-800-397-23-4-l) fgtmllf-MTG.P!'t 11J1E1f94 Fo~ ID #111184 c~ (page 1 of 61 ., , B. All future advances from Lender to Mortgagor or other future obligatioDS of Mortgagor to Lender under any promissory nOle, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If mOre than one person signs this Security Instrument, each Mortgagor agrees thaI this Security lnscrument will secure all future advances and future obligations that are given to or incurred by anyone or more Mortgagor, or anyone or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrumeut even though all or part may not yet be advanced. All future advances and other future obligatioDS are secured as if roade on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances 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 incurred by Lender fur insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. s. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secuted Debt and this Security lnstlUlOent. 6. WARRANTY OF TITLE. Mortgagor 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 encumbrances of record. 7. PRIOR SECURlTY INTERESTS. With regard to any other mortgage, 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 secured by the lien dOcument withont Lender's prior written consent. 8. CLAiMs AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts 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 Security Instrument. Mongagor agrees to assign III Lender, as requested by Lender, any rights, claims or defenses Mortgagor roay 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 entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPER1IY CONDmON, ALTERATIONS AND INSPECTION, Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mongagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds ~ grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior wriuen consent. Mortgagor will DOt permit any change in any license, restrictive covenant or easement without Lender's prior wriuen consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. <<l, 994 Sanketfl Sy:m:mil, Inc.. St. Cr01ld, NlN 1 t.800-397.2~411 Form RE-MTG.P~ 1 ~nl}&4 .Bood521rACE iS08 0(6 (page 2 of 61 Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for Ihe pUlpOse of inspecting Ihe Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any illSpection 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 perfonn any duty Or any of the covenants contained in Ihis Security Instrument, Lender may, without notice, perform or cause them to be perfonned. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amoilnt necessary for performance. Lender's right 10 perform for Mortgagor shall not create an obligation to perfonn, and Lender's failure to perfona will not preclude Lender from exercising any of Lender's other rights under the law Or this Se<:nrity Instrument. If any construction on the Propeny is discontinued or not carried on 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 grants, bargains, conveys and mongages to Lender as additional security all the right, title and interest in and to any and aIL existing or future leases, subleases, and any other written 01: verbal agreements for the use and. occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (ail referred to as "Leases') and rents, issues and profits (all referred to as "Rents"). Mortgagor will promplly provide Lender with true and co=t copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mongagor is not' in default under the tenus of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the panies to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment wiIl remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entilled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become dne directly to Lender after such recording, however Lender agrees not to notit'y Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay aU 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 possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts coIlected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. ]3. 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 noit in a condominium or a planned unit development. Mongagor will perfOlm all of Mortgagor's duties under the covenants, by-laws, or regulatioos 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 lie in default if a breach occurs under the terms of this Security Instrument or any other. document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is irnpaiIed shall also constiNte an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor willl notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender. all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, npon the occurrence of a default or anytime thereafter. In addition, Leoder shall be entitled to all the remedies provided by law. the tenns of the Se<:nred Debt, this Security Instrument and any related documents. AIL 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 exercising any remedy on Mortgagor's default, Lender does not waive Lender's right ro later consider the event a default if it continues or happens again. Cl1994 Banke,.Svatllml,lno:.. St. Cll:lI,.Id, M/II 11-8QQ-3e7-2'3-41) F<lrmRIE-MTQ.PA 12119/94 BOOK1521rAGE J509 (pag. 3 of 61 .f1{.~ '" ,~' .~. >-j'. 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 this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protec:ting the Propeny and Lender's security interest. These expenses will bear interest nom the date of the payment until paid in full at the highest interest rate in e(fect as provided in the tenns of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instroment. This lImount may include, but is not limited to, attorneys' fees, coun costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mongagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. A$ used in this section, (I) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 V.S.C. 9601 el seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environmenl or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material. wasle, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The lerm includes, without limitation, any substances defined as "hazardous material,' 'toxic substances," "hazardous waste' or "hazardous substance" under any Environmental Law. Mongagor 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 relellSed on or in the Propeny. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mongagor and every lenant bave been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Propeny. In such an event, Mongagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mongagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mongagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mongagor authorizes lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to lender the proceeds of any award or claim for damages counected with a condemnation or other taking of al.! or any part of the Propeny. Such proceeds sball be considered payments and will be applied as provided in this Security Instrument. This assig.nment of proceeds is subject to the tenus of any prior mortgage, deed of tnlSt, security agreement or other lien document. 19. INSURANCE. Mongagor shal1 keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that L.ender requires. The insurance carrier providing the iusurarJl:e shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mongagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. Al! insurance policies and renewals shall be acceptable to Lender and shal1 include a standard 'mongage clause" and, where applicable, "loss payee clause." Mongagor shall immediately notify Lender of cancellation or tennination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mongagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mongagor. C1994 Bank.rlll SVlIlfilms, Inc., St. Cloud, MN 11-aoO-397-2341 t Form RE-MTCi-PA ~aI191$4. .IlDoki521r4GE 451(1. .. Ipage 4 of 61 -C/(A . . Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether Or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to lbe Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any iIlSurance policies and proceeds resulting from damage to the Property before the acquisition shall 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 not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docwnents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. AIl duties under this Security Instrument arejoint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest 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 Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevern Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-dcficiency or one-action laws. Mortgagor agrees that lender and any party to this Security Instrument may extend, modify or make MY change in the terms of this Security Instrument or any evidence of debt without Mortgagor's coment. Such a cbange will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23, APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of ll1e jurisdiction in which lender is located. except to the extent otherwise requited by the laws of the jurisdiction where the Property is located. This Security Instnnnent is complete and fully integrated. This Security InstrlllIlent may not be amended or modified by oral agr=ent. AI1y section in this Security Instrument, attachments. or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly pennits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its telmS, that section will be sevexed and will not affect the enforceability of the remainder of this Security Instrumern. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not 10 be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrumern. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it Dr by mailing it by first class mail to the appropriate party's address on page 1 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 extern prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 1319S4 a.nlr.el'l Svat.,.,.. Inc.. St. ClClUd, MN 1'.800-397-23411 Po'm Rl.M'fQ.PA U/19/94 BooK1521 PAGE "sit . ..f-~ (page 5 of 6) j,.,," ~ " ,.'. ~ ',c, . 26. OTIIER TERMS. If checked, the following are applicable to this Security Instrument: D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. D Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. D Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fi<tures related to the Property. This Security Instrument suffices as a financing statemem and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Unifonn Commercial Code. D Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pellll.Sylvania. D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTERFST RATE. D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the teons of thls Security Instrument. (Check all applicable boxes] o Condominium Rider 0 Planned Unit Development Rider D Other ................................................... D Additional Tenus. SIGNATIJRES: lIy signing below, Mortgagor, intending to be legally bound hereby, agrees to the teJJIIS and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. '. .. (1. .-~~!~.<~d!/?1 ~~~a~.\kOuder ~~~ (Signature) ~ate) (Witness) ACKNOWLEDGMENT: . COMMONWEALTH OF ...~~!!-.~~.:Y.~~:7::.7.~............. COUNTY OF ....e,u.m.4.~~tJ.'l-!O...J.. ...I..t.......}"Jlt:. {Ioll_ On this, the .........1?t.h..... day of ...f.~~~.I1.~Rx...t~.~.~.:............., before me ..US~ ,..nAeV<:.V . ffi n....... eynohia K llouder the understgned 0 cer, personally ap""",_ .......................................................................................... .......................................................................................... known to me (or satisfactorily proven) t<> be the person(s) whose roune(s) is subscribed to Ibe within insuumeDt, and acknowledged that he/she executed the same ,fP,r.the.p~ses therein contained. ~I~~~ .{i.'..~~ ,;....:.... 'of, I hereunlo set my hand and official se;U. ,.."''S';,g,.....".. ."......" ~C}~ ')"'l!f'.iMt.l,' . i ....~". , pires: IlOTAIlIAL SEAL . :: . . " . ;; USA J. HARRI8 . II,. ',1" ., =. I/tTlMYPUlUc . .... .... . ........... .... ........ ................... elJ;.\~P.{I.8L\. COIlIlIlURG. CUII8!Rl.ANI) COUNTY ~':='~ ..... I88lClII EXPIRE8 AI'IlIL 20111 .-,...-~ ~~~. ". . 't;..lJDIi '1iififtJ,\~ ..~., . ............................................................................ . ~ ~~~\,\lo.... ThleolOfficer . .. '~.IIIt""\~ .. d . Qre;~n Trl!!e Consum.er Oil!lcoun~ COlDPany It is hereby certified that the address of the Lender Wlthin name is: ........ ..... .............................................,................. 3401 ~tzd.l~ Drive Suite 118, Camp Rill, Penn$ylvania 17011 ................................................................................................................................................................. ............................................................................ 4:11994 B",nlu:r. $ytlc1M1II.lnc.. St. Cloud, MN 11.BOOoJli7-2s.<l11 Form P.E-MTG-PA 1 2'19/9~OO~ 1521 PAGE t512 (pagfJ 6 of 5J ,'.' February 8, 2000 Cynthia K. Bouder 457 Wold Bridge Road Carlisle, P A 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEAP) may be able to help to save your home. This Notice explains how the program works. To see if HEAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an atto.y in your area. The local bar association may be able to help you find a lawyer. ..\ ~ LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUE~AF A SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL 0 DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMEN~ DA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CAR~ MERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTAN~; RAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHOL,~ ~IMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: Cynthia K. Bouder 451 Wolf Bridge Road Carlisle. PA 17013 6902827358 Greentree Discount Company "I CURREN~ LEND.ER/SERVICER: Conseco Finance Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit coullseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling al!encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Y our mortgage is in default for the reasons set forth later in tins Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~t ~~ ~ ,'J _ AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) clays to make a decision after it receives your application. During that 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 the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEF AUL T-- The MORTGAGE debt held by the above lender on your property located at 457 Wolf Bridge Road Carlisle. PA 17013 IS SERlOUSL Y IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: $1284.92 for the months of October 1999 through February 2000 Other charges: TOTAL AMOUNT PAST DUE: $5527.85 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5527.85. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Sandy Alexander Consco Finance Consumer Discount Company F/KJA Greentree Discount Company 7360 Kyrene Road Tempe, AZ 85283 IF YOU DO NOT CURE THE DEF AUL T--Ifyou do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortgaged pronerty. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be ,~~ - ~ - L _, added to the ammmt you-owe the lender, which may also include other reasonable costs. Uyou cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rie:ht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so bv paying the total amount then past due. plus any late or other charges then due. reasonable attorn<<y's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv other reouirements under the morte:age. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 month from the date of this N orice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what tlle required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Consco Finance Consumer Discount Company FIKJA Greentree Discount Company Address: 7360 Kvrene Road. Tempe. AZ 85283 Phone Number: 480-333-4217. Ext. Fax Number: 888-315-8733 Contact Person: Sandy Alexander EFFECT OF SHERIFF'S SALE-- Y ou should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ~.J" " - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSR OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 322 431008 RETURN RECEIPT REQUESTED ~ ',1' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 -~ .' Z 322 431 008 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not u e for International Mail ISee revelSe) Senyo ~ IA. _ /(J:I ~. ?/;///. . /. Streel &~mber Post OffIce, Slate, & ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted D~lvery Fee Return Receipt Showing 10 Whom & Date De6vered Return RaceiplShowing 10 Whom, Date, & Addressee's Address TOTAL Postage & Fees $ Postmark or Dale ill '" ~ ." ~ Q o CD '" E {i f:e 1lIliil....jjf.I.i.ilillil!iilltlii**~_"......~ . '""g_,,"""_,. ,>e_, n.' ""'''''''lDd:;~~~1Ill!lIll "'-~ "-Ili~ ~ JaI_ ",1 _.ilti1 ..~~ -~,.--; "";l ~ ~ ~ "6g. ~ lk. 'i ~ (") (:) ~~8 8 . c 0 8 d, s:.: :x 1J "- -oCJ m "'" '-J ZITl ;;:0 ;:p I'lr '-.l =s:;: ""'i--.m I <- ..() OJ -J :J5~ "{) ~~ -<2: 0 ~ "{) ~:t"J .." =;:l-r. ~O 2 --::!:I --0 2~ $} ~>C: C:? 0 z ~ :;! ~ ~ ~.< , ._I~, ~x ., x, ~-~ ~-"-~-~._"""'-,---,~",-,, ,- -~","-,< ~,,~ < I ~ _ ',-, SHERIFF'S RETURN - REGULAR , CASE NO: 2000-01649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS BOUDER CYNTHIA K HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOUDER CYNTHIA K the DEFENDANT , at 0020:33 HOURS, on the 6th day of April 2000 at 457 WOLF BRIDGE ROAD CARLISLE, PA 17013 by handing to CYNTHIA K. BOUDER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 A;:~~~ R. Thomas Kline So 04/07/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: 7.L4/ iJ , Deputy S~ff me this 1/1!i:- day of ~ J.AruD A.D. ~ ~. . .Q~.A~ rothonotary . J"-' ._",', "-.,',,,--,--, , -"',, - - ,"'-'''',-,' -..;_,'_:,,"'d 0"-0"'; OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company v. Cynthia K. Bouder CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1649 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary x Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esauire at (215) 790-1010. "'0 -0 ,- "~'_ "'- .i.",,~.j.;"~'~" , ;'-"-', ,-", '.<,,' "-'0 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE~. 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. Cynthia K. Bouder CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1649 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of civil Procedure and assess damages as follows: Principal Interest from 1/27/00 through 5/15/00 TOTAL $134,966.28 S 4.445.78 $139,412.06 AND NOW, this /r;+-,- ~Nv/M2~;J( ~ TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff day of fYL'zlf of Plaintiff, Conseco , 2000, Judgment is entered in favor Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company and against Defendant Cynthia K. Bouder and damages are assessed in the amount of $139,412.06, plus interest and costs. BY THE PROTHONOTARY: N fL:i,.J 72 ~~ '<"'-"",'0-,",_ ,,}-'__ '-' '-M".; -'0_', . --'-"-- ~ -;'.'-; - .' ";';-~ :'" McCABE, WEISBERG AND CONWAY, P.C.7 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. Cynthia K. Bouder CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1649 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' and Sailors ' civil Relief Act of Congress of 1940 as amended; and that the Defendant, Cynthia K. Bouder, is over eighteen (18) years of age, and resides at 457 Wolf Bridge Road, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS Is'#, DAY OF t17L~ ' 2000. N~f:ir(J ~ ~Ni2 {/ If: tfklr TERRENCE J. McCAB , ESQUIRE Attorney for Plaintiff NOTARIAL SEAL TflACY A. RIFF, Notary Public Clty 01 ~hilad9Iphla, Phi/a. County M CommIssion Expires Oct. 23, 2000 " '" ~ ,>'<-7', <' - ~ -- ~ ,",-,.""',- - -'--Co-"" ",,'h' ,~'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. Cynthia K. Bouder CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1649 CERTIFICATION Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME THIS /5C/t, DAY OF~ ' 2000. NJ~c a 4;r ~~//J{~ T RRENCE J. McCABE, ESQUIRE Attorney for Plaintiff . .. NOTARIAL EA~ublIC . TRACY A. RIFF. N~ coun!y Ci!y of Philadelphia. Pho~ 23 2000 'lv r:ommission Expires . . LV _ ,~__~._~~____ -~ " " "-;". -- "---~ -"," - -'."~ 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. TE7:~C! /{/::r::: . . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company v. Cynthia K. Bouder April 28, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-1649 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 est ado de rebeldia par no haber presentado una comparecencia escrita, ya sea personalmente 0 par abogado y par no haber radicado par escrito con este Tribunal sus defenses U objeciones alas reclamos formuLados en contra suya. At no tamar la aceion debida dentro de diez (10) dias de la fecha de esta notificacion, el TribunaL padra, sin necesidad de comparecer usted en corte u olr preuba alguna, dieter sentencia en su contra y usted podria perder bienes U otros derechos importantes. Debe Ltevar esta notificacion a un abogado inmediatamente. 51 usted no tiene abogado, 0 S1 no tiene dinero suficiente para tal servicio, vaya en persona o llame par telefono a La of;c;na, nombrada para averiguar si 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 1910,9 \1 at this telephone number: EX"t8 TJM/hmj "/J\' iiIiiUIli~ ~)t~~~_,~,,_"~, "_', ,c_ -'iII~Pk....- , c,''''dY-- ,~ ;-'-' -,~~ '>0' ,"-..;. ,-,>-' ".,-,,',c',,--C",',. ~"' ,= ""'~~ __, ,u""'.,' "',~,;'" ,~-,7A' " -"""""'""IirIiiii' III --'_. ,~-- ,'-" "---,-- ,-': --.~,,-, ~ (:J ~ -Ig (') 0 0 C- o <";;: -n ~ :--0 ill\:J:1 ;:g :-.;1 Tfl 0 -< (;1~ r 1l ~=. r-- --;om CY ~,:; --I ".)0 1:; C,) I i-':: C) .~..~O ll"- '" --0 -r"~ j RJ rP :78 i--.t:-, "i) .)"') W Zrn f' Pc: W ~ '6' \' z fIJ' --I '''> ?P 1 -<. .0:- 0< r----- ~ - ,~" -",-..1 ,-~-~-- ~, ,~ ~ ~""""~ ,,~. ~~, ~ ,~,~.. ~ -~<~ ~,,:- ,- , IN THE <XX1Rl' OF CCM<<JN PLEAS OF ClJ.I1BERIAND COONl'Y, PalNSYLVANIA CIVIL DIVISION Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company File No. Arrount Due Interest 00-1649 $139,412.06 from 5/15/00 v. Cynthia K. Bouder , Atty's Corrrn Costs $1,015.00 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXEClrl'ION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 457 Wolf Bridge Road, Carlisle, PA 17013 (more fully described as attached) PRAECIPE FOR A'I'l'ACHI1ENl' EXEOlTION 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 description; supply four copies of lengthy personalty list) and all other property of the defendant ( s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 51z.~/ov Signature: ~u... 9. mc-~ Print Name: Terrence J. McCabe, Esq. Address: 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone, (215) 790-1010 Supreme Court ID No.: 16496 :JmIlMilii~liIIiii~iLli!!tiil!~i!l.;!:"'il:i>!liliw<"'I~~&,oi-~'>':J11_!if'H"l~"",;;;;.,Ji".h,.M"!'~'iirH"-""f:i,*,",';:;lO!,""'~i;lIlirU!!:""~~~J...,~_t!WA"_",,,~_~~IIl:Ji.~,~Ii~ "M_l ~. Notes: If real property, supply six copies of description including irrproverrents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. L"",,, ~~. ..~,."~"~,5> '_"""'~.'~" ',., ....._"~~~_~"_," .'~,' c.," _.~=', "_I Il<i ,"""'-,- , " . ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Noel B. Smith, Registered Surveyor, dated October 19, 1973, to wit: BEGINNING at a stake on the dedicated right-of-way line on the northern side of Township Road 508, said point being at corner of lands of R Emigh and land herein conveyed; thence along the lands of R Emigh, North 63 degrees 45 minutes 20 seconds East to a stake; thence South 61 degrees 30 minutes East 150 feet to a stake; thence South 63 degrees 45 minutes 20 seconds West 355.62 feet to a stake on the dedicated right-of-way line on the northern side of Township Road 508; thence along the dedicated right-of-way line on the northern side of Township Road 508, North 61 degrees 30 minutes West 150 feet to a stake, the point and place of BEGINNING. (The dedicated right-of-way line is 25 feet North of the center line of Township Road 508). SUBJECT to those restrictions in prior deeds. ParcellD# 21-05..Q429-016A ~flIII1" ~Ii\lil,_ ~~UilHi ~.~' 'aIilIiII:~~l~~"" ~--iliiIiii!Iliil'>'~~' L _iilIl~t)i' -...;.. , '- "1 , ........ -t.Q ~ -l<l. D 4 VJ ....... () ;-.. !'\J ~ ...0 ...... vt 1f () , 8 ~ 't ~ .... ~ 0 & .... 8 ~ 0 0' c C ::J:: --{ ~- ~~ "'" .c:!-:: "1 , I -< -~,!n \ j I ....... 7' & u w :"6 ...() CD~ Cl ',,> t: p~ S, 0- 1'-- ~e > ~,.oJi K ~ , ~8 :E: - , ~g ""0 ~,--< .... , 6 2m , $:1 , :li=c .. ~ 1'0:) ~ '" , , &:- , - ~ , ",." ",.- ,~.. .,.,.~",. ,"- ~ . """" ..'..'";,,,,,- "' "'""'''m'--.r,o -. ~ "".-. " .-- > -, , ,~ " - ~'" . -"; ," . 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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 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 457 Wolf Bridge Road, Carlisle, PA 17013 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 Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 . ' -.,'" '--" ~- - "--".-'- .-~ --'-, i r 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 Douglas R. Heineman To be supplied 4. Name and address of the last recorded holder of every mortgage of record: Name Address Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. 7360 Kyrene Road Tempe, AZ 85283 s. 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. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(sl 457 Wolf Bridge Road Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE S/a.3/{71} ~u.~. mc.~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff - """,, - , . - . . ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Noel B. Smith, Registered Surveyor, dated October 19, 1973, to wit: BEGINNING at a stake on the dedicated right-of-way line on the northern side of Township Road 508, said point being at corner of lands of R Emigh and land herein conveyed; thence along the lands of R Emigh, North 63 degrees 45 minutes 20 seconds East to a stake; thence South 61 degrees 30 minutes East 150 feet to a stake; thence South 63 degrees 45 minutes 20 seconds West 355.62 feet to a stake on the dedicated right-of-way line on the northern side of Township Road 508; thence along the dedicated right-of-way line on the northern side of Township Road 508, North 61 degrees 30 minutes West 150 feet to a stake, the point and place of BEGINNING. (The dedicated right.of-way line is 25 feet North of the center line of Township Road 5081. SUBJECT to those restrictions in prior deeds. Parcel 10# 21-05-0429-016A ti.~dlilli~IiIifiIr_IllIIMf!iWll"J,.~~.-, ~~'~J~_mii--;' = ~ '^"."",,",, ,-,", .,~-, ~ ~ " , ,'_"O,A <. ~" .- . . -iii ~ ~~ ~M -"-~~'~-IMIiliiI~-" I~ "':.lIlIIlioHliRl*_IIii' . ~-- "'-'J ",! .. ~ - n (:) 0 C Cl ~& -r" :II: --r SJ :too -,- -< fli ::n ~?i w r' .'1:Jm 0 ;?;J6 ....) ;8 ;boo ;;:j :::J: 6:B Si '7.0 ~ om ~ ~ ..,... -< ,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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 Your house (real estate) at 457 Wolf Bridge Road, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on Wednesday, September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $139,412.06 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on October 6, 2000. 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 October 6. 2000. 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 ~l1iIM~'i!lllillal~~ilOI!J!~~~m"ilW,&;~'""~!""":>dt-~j;i'li1<~"'~~." ~ ~" ~- ,"-," ,~ ~ , " - nO',"_" , , -~-_. mm~~ ',0 ..1 "liIiiliMhoH IIIliwl~M -lUd:/lll 0 g ~ 0 X -,., ~ro -~ ,:_"m :J:>o .... X -< N'i':Ti ~~ e;" ,- ""om 0 ;t{? i~ :t>> :::i,tF' 3: f!... --n 9 '4:(..-:-- 2'::N\ 0 ~ N ;g ~ -< . , , Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company -vs- Cynthia K. Bouder ~" "" In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-1649 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Law Library County Mileage Levy Postpone Sale Surcharge Share of Bills Sworn and subscribed to before me This 1\la:..daYOf~ 2000,A.D'G~. D. ~.~ . P thonotary 30.00 203.28 .50 1.00 3.10 15.00 20.00 20.00 23.53 $ 316.41PdByAtty 6/20//00 ~[ ~~- <;-<~..R R. Thomas Kline, Sheriff BY~~ Real Estate Deputy \,~ ;;co,\3l,.. c.Y-V ~c,r(,&1 'ri' ~-- d ~''-o '-'.~4~ , 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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 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 457 Wolf Bridge Road, Carlisle, PA 17013 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 Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 - , _J_ 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 Douglas R. Heineman To be supplied 4. Name and address of the last recorded holder of every mortgage of record: Name Address Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. 7360 Kyrene Road Tempe, AZ 85283 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 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(s) 457 Wolf Bridge Road Carlisle, PA 17013 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. DATE ..5 h. 3/ ()lJ ~ . .lU.AA..t..-vl U. ~. me ~ TERRENCE J. McCABE, ESQUIRE Attorney for plaintiff ~ , "''Ilfr 4 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Noel B. Smith, Registered Surveyor, dated October 19,1973, to wit: BEGINNING at a stake on the dedicated right-of-way line on the northern side of Township Road 508, said point being at corner of lands of R. Emigh and land herein conveyed; thence along the lands of R. Emigh, North 63 degrees 45 minutes 20 seconds East to a stake; thence South 61 degrees 30 minutes East 150 feet to a stake; thence South 63 degrees 45 minutes 20 seconds West 355.62 feet to a stake on the dedicated right-of-way line on the northern side of Township Road 508; thence along the dedicated right-of-way line on the northern side of Township Road 508, North 61 degrees 30 minutes West 150 feet to a stake, the point and place of BEGINNING. (The dedicated right-of-way line is 25 feet North of the center line of Township Road 508). SUBJECT to those restrictions in prior deeds. Parcel 10# 21-05-0429-016A '''': ---,I ~~ '~ ""'-";;;;j: McCABE,WF;ISBERG 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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 Your house (real estate) at 457 Wolf Bridge Road, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on Wednesday, September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $139,412.06 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on October 6, 2000. 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 October 6, 2000. 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 ~~ ~ . ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Noel B. Smith, Registered Surveyor, dated October 19, 1973, to wit: BEGINNING at a stake on the dedicated right-of-way line on the northern side of Township Road 508, said point being at corner of lands of R. Emigh and land herein conveyed; thence along the lands of R. Emigh, North 63 degrees 45 minutes 20 seconds East to a stake; thence South 61 degrees 30 minutes East 150 feet to a stake; thence South 63 degrees 45 minutes 20 seconds West 355.62 feet to a stake on the dedicated right-of-way line on the northern side of Township Road 508; thence along thededicated right-of-way line on the northern side of Township Road 508, North 61 degrees 30 minutes West 150 feet to a stake, the point and place of BEGINNING. (The dedicated right-of-way line is 25 feet North of the center line of Township Road 508). SUBJECT to those restrictions in prior deeds. ParcellD# 21-05-0429-016A !-'- - "" . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1649 CIVIL 1~ Tenn CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company PLAINTIFF(S) from Cynthia K. Bauder, 457 Wolf Bridqe Road, Carlisle, PA 17013 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 toallach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notffy the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. L.L. Due Prothy Other Costs $.50 $1.00 Amount Due $139.412.06 Interest from 5/15/00 Ally'S Comm Ally Paid Plaintiff Paid % $101'0.00 $10' 10 Date: MFly 10 r 2000 Curtis R. IDnq Prothonotary, Civil Division by;... 4..,.. Q / P ~(}7/7A1';- Deputy REQUESTING PARTY: Terrence J. McCabe, Esq. Address: 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 Plaintiff Name Attorney for,: Telephone: Supreme Court ID No. 215-790-1010 16496 illiiili!ll111ifltililld<Jliili8;llbllllillilfliliillllUlill!~lillhmll~il!ilfl~"""A~;,t;,h~iI>-.i"Ici~~ili~ii'-~'~" !IiiliIliIIIlii~. ~ jj -~iiiIlilII~ - J I -.............,.,llIIiaIrI-.. L '.1i1IoiIilIi . REAL ESTATE SALE No. 9& On ~ I. ~ the sheriff levied upon the defendal1ll> interest in the real property situated in /WI .~-,~ 7~ Cumberland County, Pa., known and numbered as:7"..s? w~JiL: ~t-L QAtAL and more fUlly described on Exhibit "A" filed with this writ and by this reference incorporated herein. ";jte:~......... /. ~ By.tr-- .,j1lff ~~t.I:L~ ~ c:;nl s:;:nl c::::::J Ge> I7\iil \ V! r-j '/ /" -! !, ~; " ;,] j d --, -, I r cs [i zr Hl~ Alii".,,,,""'!' JJlij!lii~'; :;.i~, 3;1~;J(J . I ~ -'.--"'- "., "", ' _' - ,~~,,- . """'--">2 ,," ,,,'"q - .'''-.'_,-- '-,'-" ;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, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT: COMPANY F/K/A GREEN TREE CONSUMER: DISCOUNT COMPANY Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 19th day of JULY , 2000, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "An. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." T~~gBE~E~~ SWORN TO AND SUBSCRIBED BEFORE ME THIS 19th DAY OF JULY , 2000. ~~/}o/( NOT Afli~C:N S~\.pUbliC 'fRAC'I A. Riff: ~hila.CounI'/OO 011'/ 01 I"hiiadelphi~e. Oct. 23, 20 M co",",,~.,on E .,,' '~ -, ',,",~-; McCABE, WEISBERG AND CONWAY, P.C. o , 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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 AMENDED 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 457 Wolf Bridge Road, Carlisle, PA 17013 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 Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Cynthia K. Bouder 457 Wolf Bridge Road Carlisle, PA 17013 3 . judgment Name and last known address is a record lien on the real Name of every judgment creditor whose property to be sold: Address NONE 4 . record: Name and address of the last recorded holder of every mortgage of Name Address Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. 7360 Kyrene Road Tempe, AZ 85283 5. interest affected Name and address of every other person who in or record lien on the property and whose by the sale: Name has any record interest may be None. EXH'B\T 'If/l{lss 6. knowl'edge sale: Name and address of every other person of whom the Plaintiff has who has any interest in the property which may be affected by the . Name Address Occupant(s) 457 Wolf Bridge Road Carlisle, PA 17013 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. DATE J/!J{~H:f~MJEsW~(MJ0 Attorney for Plaintiff July 19, 2000 EXHIBIT "P:: _" _ ~_'O .. ,_ .~" "--,",- -.- .,-- -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 Vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CYNTHIA K. BOUDER NUMBER 00-1649 DATE: JULY 19, 2000 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Cynthia K. Bouder PROPERTY: 457 Wolf Bridge Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on Wednesday, September 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may 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. 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PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must bE, typewritter. and subnitted in mlpH,.,.te) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: P1ease list the within matter far the next Arganent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Roger C. Watson Surveying Services, Inc. (Plaintiff) vs_ William M. Gross, Arnold Forbes and Robert Sahi, individually and t/a a partnership (Defendant) No. 1749 Civil 2000 ~ 1_ state matter to be argued (i.e., plaintiff's lIDtion far llE!Il trial. defendant's denun:er to canplaint, etc.): Defendant's preliminary objections to complaint 2_ Identify ccunse1 who will argue case: (a) far plaintiff: Gerard J. Pisarcik, Esq. ~: 20 Erford Road, Suite 305 Lemoyne, PA 17043 (b) far defendant: Albert J. Hajjar, Esq. ~s: 3003 N. Front St. Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed far arganent_ 4. Argument Court Date: August 30, 2000 Dated: ~ -, ~ ' -_. -~' . "~ '! CERTIFICATE OF SERVICE I, Gerard J. Pisarcik, Esquire, hereby certify that on the 17th day of July, 2000, I served a copy of the Praecipe for Listing Case for Argument upon the person indicated below by U. S. First Class Mail, postage prepaid, at the following address: Albert 1. Haiiar, Esq. 3003 N. Front St. Harrisburg, PA 17110 :;wuL j~IliIliffl~~_~~,,"iliiji'3!i'liW_IM--:~~ .J:!-t T . < ~ ". <" . . ~'iIl' ~~IitliIO/II..~" - "" ... 0 c.-:) J ~;; c.:' '".- e) (U ;~ rTlf'; , z--., ;,,) -, -'"- (I) -< ~: ~,1 --:;:; r , '- ~ :;:-- c::: -1 ?;; ~ -< (1' .~ ~~I ~! Ii .' ~: ;11 ~I I: I I