HomeMy WebLinkAbout00-01652
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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) 790c1010
Conseco Finance Consumer Discount
Company f/k/a Green Tree Consumer
Discount Co.
7360 Kyrene Road
Tempe, AZ 85283
v.
Craig A. Paxton
140 Old State Road
Gardners, PA 17324
and
Theresa L. Paxton
140 Old State Road
Gardners, PA 17324
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Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 00 - /("S;;.", CiuJ~~
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 wri tten 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. Si 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 demandas 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 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
INMEDIATAMENTE. SINO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE P AGAR
TAL SERVICO, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUY A
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 liberty Avenue
Carl isle, PA 17013
(717) 249-3166
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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 Discount
Company f/k/a Green Tree Consumer
Discount Co.
7360 Kyrene Road
Tempe, AZ 85283
Cumberland County
Court of Common Pleas
v.
Craig A. Paxton
140 Old State Road
Gardners, PA 17324
and
Theresa L. Paxton
140 Old State Road
Gardners, PA 17324
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Conseco Finance Consumer Discount Company
f/k/a Green Tree Consumer Discount Co., a corporation duly
organized and doing business at the above captioned address.
2. The Defendant is Craig A. Paxton, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 140 Old State Road,
Gardners, PA 17324.
3. The Defendant is Theresa L. Paxton, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 140 Old State Road,
Gardners, PA 17324.
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4. On May 25, 1999, mortgagors made, executed and delivered
a mortgage upon the premises hereinafter described to Plaintiff
which mortgage is recorded in the Office of the Recorder of
Cumberland County in Mortgage Book 1545, Page 218.
5. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 140 Old State
Road, Gardners, PA 17324.
6. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due September, 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.
7. The following amounts are due on the mortgage:
Principal Balance
Interest 9/99 through 3/10/00
(Plus $27.8863 per diem thereafter)
Attorney's Fee
Late Charges (9/99 through 3/10/00)
Mortgage Penalty
Cost of Suit
Appraisal Fee
Title Search
$103,834.39
$ 3,687.86
$ 5,191.72
$ 461. 55
$ 5,035.96
$ 225.00
$ 125.00
S 200.00
GRAND TOTAL
$118,761.48
8. The attorney's fees set forth above are in conformity
with the mortgage documents and pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale.
If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
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9. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. ~403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been
sent to 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 Defendants
in the gum of $118,761.48, together with interest at the rate of
$27.8863 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
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TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
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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. !l4904
relating to unsworn falsification to authorities.
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TERRENCE J. MCCABE
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Commonwealth of penusyr,ania
Space Ab.ve 1bis LiD. For Rec.nIiIIg Data
OPEN-END MORTGAGE APplicatt,c,;;, \ '/,.osN-Ps"N2
This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...~~y...~~.~...~~~~.................. and the
parties, their addresses and tax idenlification munbers, if required, are as follows:
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MORTGAGOR:
Craig ~ Paxton, Theresa L Paxton
HIS WIFE'A/T/B/T/E
o If checked. refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LBNDER: Green Tree Consumer Discount company
3401 Hartzdale Drive Suite 118
Camp Hill, pennsylvania 17011
2. CONVEYANCE. For good and valuable consideration, the re<:eipt and sufficiency of which is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor granlS, bargains,
conveys and mortgages to Lender the following described property:
See Exhibit A
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The property is located in "Cuabe~i~......:....(~~;........~..... .\:~~at ............ ..............................:.....
., . ..,. ......., . ~*' ~\V . 17324
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ditches, and water stock and all existing and future imP~enrs, sttuctures, fixtures, and replacements 'that may now, or at
any time in the future, be part of the real estate described above (all referred to as "Property").
3, MAXIMUM OBUf&P,W6&I?lW" The total principal.am~u:nt ~ecured by this Security ~~ at anyone lime slJall not
exceed $ ............................:....................... . This limitatlOn of amount does 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
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secnred Debt' is defined as follows:
A. Debt incurred \lJlder the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described .
below and all their cottensions, renewals, modifications or substitutions. fWIIen referem:ing the debts below it is
suggested that you include items such as borrowers' TUJI11eS, note aJlWunts, interest rates, maturity do.tes, etc.)
Note dated May 25, 1999, between Green Tree Consumer Discount Company and Craig A
Paxton, Theresa L paxton, for $104,000.00, maturing June 1, 2024.
PENNSYLVANIA. MDRTGAoE (NOT FOR FNMA. FHl,.MC. f:HA OR VA USE)
CI894B.-1Il....SV.tem.,'nc..Sr.CIcud.MN (1-aoN.'~341J FwmRE-MTG-PA 12J19Ja4
Form 10 #1~1184 .
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B. All future advances from Lender to Mortgagor or other future obligatioos of Mortgagor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
InstrUlllenl whelher or not this Security Instrument is specifically referenced. If more tban one person signs this Security
Instrument, each Mortgagor agrees that this Security InslrUD1ent will secure all future advances and future obligations
that are given to or incurred by anyone or more Mortgagor, or any one or more Mortgagor and othCIS. All future
advances and other future obligations are secured by this Security lostrument even though all or part may not yet be
advanced. All future advances and other future obligatioos are secured as if made on the date of this Security Instrument.
Nothing in this Security Instrument sball coostitute a commitment to make additional or future loans or advances in any
amollD1. 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 for insuring. preserving or otherwise protecting the
Property and its value and any other sums advanceti 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.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
tenns of the Secured Debt and this Security InslrUD1ent.
Ii. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also wanants that
the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mongage, deed of trUSt, security agreement or other lien
document that created a prior security iDlerest or ellC1lll1branr:e on the Property, Mortgagor agrees:
A. To make all payments when due and to perfonn 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 agreemeDl secured
by the lien document without Lender's prior written consent. .
8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, as........ents, liens, ew:umbrances, lease payments, ground rents,
utilities, muI other charges relating to the Property when due. Lender may require Mortgagor to provide [0 Lender copies of all
notices that such amounts are due and -the receipts evidencing Mortgagor's payment. Mortgagor wm defend title to the
Property against any claims that would impair the lien of this Security IDstrument. 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.
,. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire'ba1ance of the Secured Debt to be
immediately due and payable upon the creation of, or contract fur the creation of, any lien, rnc=brance, II1IDSfer or sale of the
Property. This right is subject to the restrictions imposed by federa1law (12 C.F.R. 591), as applicable. This covenant shall
run with the Property and shall remain in effect until the Secured nebt is paid in full and this Security Insmunent is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and
make all repairs that are reasonably necessary, Mortgagor shall not commit or allow any waste, impainnent. or deterioration or
the Propeny. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the oature of the
occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any cbange
in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notifY Lender of alt
demands. proceedings. claims and actioos against Mortgagor, and of any loss ordamage ~ the Property,
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BOOK1545PAGE .219
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Lender or Lender's agents mal', at Lender's option, enter the Property at any reasonable time for the purpose of inspe<;ting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifyiD8 a reasonable pmpose for the
inspection. A:JJ.y inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection. .
11. ~UTHORlTV TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender mal', without notice, perform or cause them to be perfonned. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall
IIOt create an obligation to perform, and Lender's failure to perfOlDl will not preclude Lender from exercising any of Lender'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 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 gr.mrs, 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 Properly, including any extCllSions, renewals,
modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profus (all referred to as
"Rents'). Mortgagor will promptly provide Lender with tnJe and correct copies of all e:tisting and future Leases. Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security
Instrument.
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 remain effective until the Obligations 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 Lender after sucl1 recording, however Lender agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all
Rents due or to become due directly to Lender. On receiving notice of default, Mongagor will endorse and deliver to Lender
any payment of Rents in Mortgagor's possession and will receive any Rents in lIUst for Lender and will no! commingle the
Rents wilb any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants
that no default exists under the Leases or any applicsble landlordltenatlllaw. Mortgagor also agrees to maintain and require
any tenant to comply with the teIDlS of the Leases and applicable law.
13. LEASEHOLDS; CONDOMlNItJMS; 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 unit in a condominium 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 Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secnred Debt. A good faith belief by Lender that Lender at any time is
insecure with respeclto any person or entity obligated on the Secured Debt or that the prospect of any payment or the va!lle of
the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some inslJlllCes; federal and Slate law will require Lender to provide Mortgagor with notice
of the right to cure or other notices and may eslablisb time schedules for foreclosure actions. Subject to these limitations, if
any, Lender may accelerate the Sectu'ed Debt and foreclose this Security Instrument in a tnanJleI provided by law if Mortgagor
is in default.
At lbe 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, upon the occurrence of a .default o~ anytime thereafter. In addition.
Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any
related documents. All remedies are distillCl, 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 atJiy sum in payment or partial payment 011
the Secured Debt sfter the balance is due or is accelerated or after foreclosure proceeditlgs 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 to later consider the event a default if it continues or happe:ns again.
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16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Ex.cept 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 incuued by Lender for insuring, inspectill8. presetvill8 or otherwise
protecting the Property and Lender's security interest. These e~enses will bear interest from the date of the payment until paid
in full at the highest interest rate in effect as provided in the tenns of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incum:d by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amonnt may include, but is not limited to, attomeys' fees, court costs, and other legal expenses. This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. ENVIRONMENTAL LAWS AND.HAZARDOUS SUBSTANCES. As used in this section. (1) Environmental Law means,
without limitation. the Comprehensive EnviroIlmental Response, Compensation and Uability Act (CERCLA, 42 U.S.C. 9601
et seq.), and all ather fede.ral, state and local laWS. regulations. ordinances, court orders, attorney gellew opinions or
intezpretive letters concerning the public health. safety, welfare, environment or a llazar40us substance; and (2) Hazardous
, SubstaDce means any toxic, radioactive or bazardous material, waste. pollutant or coutom;rumt which has chllIllcteristiCS which
render the 5\lbstance dangerous or potentiaJly dangerous to the public health. safety, welfare or environment. The telD1
includes, without Ibnitation, any substances defined as "hazardous material,' "toxic subsllWCes," "hazardous waste" Or
'hazardous substance" under any Environmental Law.
Mortgagor represents. warrants and agrees that:
A. Ex.cept as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous SubsllWCes 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, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall inlmediately notify Lender if a release or threatened release of a Hazardous Substance 0CC1Il8 'on, under
or about the Property or there is a violation of any Environmental Law concerning Ihe Property. 1" 5\lch an event,
Mortgagor shall rake all nec....sllf)' mnediaI action in accordance with any Environmental Law.
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D. Mortgagor shall immediately JIOtify Lender in writill8 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. Mortgagor 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. Mortgagor
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 connected with a condemnation or other taking of all or any part of the
Property. Such proceeds shall be coiIsidered payments and will be applied as provided in this Security Instrumenl. This
assigmnent of proceeds is subject to the tenus of any prior mortgage, deed of trust, security agreement or other lien document.
19. INSURANCE. Mortgagor shall keep Property insured againsrloss by fire, flood, theft and orber llazards and risks reasonably
associated with the Property due to its type and location. 'This inswance shall be m.;ntained in the amounts and for the periods
that Lender requires. The insurance canier providing the insurance shall be chosen by Mortgagor 5\lbject to Lender's approval,
which shall nol be unreasonably wilhheld. If Mortgagor fails 10 maintain the coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the tenus of this Security Instr\1lJ1eDt.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause' and, where
applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give 10 Lender
all receipfS of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carder
and Lender. Lender may make proof of loss if not made immediately by Mongagor.. .
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Unless otherwise agreed in writing, all insurance proceeds sball be applied to the restoration or repair of the Property or to the
Secured Debt, wbether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scbeduled 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 insurance 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 LentIer funds fur t1xes 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, and file any
additional documents or certifications that Lender may consider n...'"S~ary to perfect, cowinne, and preserve Mongagor's
obligations under this Security Insuument and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LlABll..ITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security Instrument are joinl 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 prevent Lender from bringing any action or claim
against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited 10, any
awi-deficiency or one-action 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. Sucb a
change 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; SEVERABll..ITY; INTERPRETATION. This Securily Iuslrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or
mndified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured
Debt that conflicts with applicable Jaw will not be effective, unless that Jaw expressly or impliedly pennits the variations by
written agreement. If any section of this Security Instrument cannot be enfOICed according 10 its terms, that section will be
severed and will not affect the enforceability of the remainder of this Securiry Instrument. Whenever used. the singolar shall
include the plural and lbe plural the singular. The captions and headings of the sections of this Security Instrument are for
convenience only and are not to be used to interpret or define the termS of this Security Instrament. Time is of the essence in
this Security Instrument.
24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the appropriate party's address on page 1. of this Security Instrumenl, or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
25. W AlVERS. Except to the extent prohibited by law, Mortgagor waives any right 10 appraisement relating to the Property.
.
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.Bao~1545PAGE 222
C1, 994 B~nk_ Syltoms. Ihe., St. Cloud, MN 11.800-397-23411 Form Rf-MTG-PA 12119/94
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26. OTHER TERMS. If checked, the following are applicable to this Security lnstrument:
o Line of Credit. The Secured Debt iDcludes a revolving line of credit provision. Although the Secured Debt may be
reduced to a zero balaoce, this Security Instrument will remain in effect until released.
o CollStructlon Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on
the Property.
o FIxture FlIing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that are or will become fixtures related to the Property. This Security Instrument suffices as a finanCing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Unifonn
Commercial Code.
D Pwrchase Money. This Security Instmmem secures advances by Lender used in whole or in part to acquire the
Property. Accordingly, this Security Instrument, and the lien hereunder, is and shaI1 be construed as a purchase money
mortgage with all of the rights, priorities and benefits thereof under the Jaws of the Commonwealth of Pennsylvania.
D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
D Riders, The covenants and agreemeots of each of the riders checked below are incoIporated into and supplement and
amend the termS of this Security Instrument. [Check all applicable boxes]
D CondominiumRitier D Planned Unit Development Rider D Other ...................................................
o Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained
in this Security Instrument and il! any altacbments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the date stated on page I.
~.~;;i~~t~~..,...........9.::~.~~~~~.. (S~~~~~~~~.........?:~~.~~..
....... : .............. ........ f.11..f!,J.a..!!.M..{QA.fzJ..fJr!f-IJ...!.............. ....... ............. ..... ................ ..............
(WitneSs) U~)
ACKNO~~~TII OF ...!:'~?-:::~r.~::~.i;~9"........., COUNTY OF ..D.if.!:I,p.hf.f.'\..........................} &s.
<- On this the ..?..~.i:'.............. day of .~r........................................, befon: me ...................................,
'. ffi nail appeared Craig A Paxton, Theresa L l'axt.on
lbe undersigned 0 cer, perso y ...... ........... ........................,..................................................
........................................................................................., knOwn to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and ackiIowledged that he/she execnred the sante
for the purposes therein contained.
,.'.......':... .
. ,.~:...,,: ...tlf!....,.~
Inwiroesswhereof,IheleuntosetmyhandandofficialseaI. " .' .......... ',:",0'
or...., ..::...!\~,\...',..,:O^~~
~..; ....:\.:..,;... ..,"'.',1,;:.,.; '.
Mycommis.sionexpires: 'I"~,'-'",~ .' -"..'
~ ~~; ..~~.:;.t,;/;. ~>~~i..;~::~F....~....
....~":.'6"'" __ w . ........F~t-,JI"<I~..
NOTARIAL SEAL 'f:- ''';',''I'X,'',!).' ',:'. r
NEVIN L BEYER, Notary Public ',~~:,:,~~::';C.::.,~..~"!w
~O&%=1~T~pl~:~~~ g~.ur&to ~.~;o~........ ...... ....:.........:~;~~;)'!S~~;~':i.~~i.~~,;:. .....
. ~ .f:.~.~._J u.,"~"
. Meqrber. Pennsvlvanla AssllOiallon.of Not,rie... . . G"een Tree Conaumer DJ.e=" C""'l'anyu...'
It is hereby certified tIilit tne-lIdlltess oTlIIe');eooef"Wlthinnamed IS: ............................................................................
3401 H~zdale Drive Suite 118, ~ Hill, pannaylvania 17011
................................................................................................................................................................
;
....u.......................................................................
Bood545 rAGE .223
. . ..
S, Et94 Blll'llr.ett 9,atema, InG., St. Cloud. MN !T-800-31t7.2341 I Form f'E-MTG.pA 12/111/&4
(page 6 of 61
-
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.
EXHIBIT A
Leqa1 Descrintion.
BRIEF LEGAL DESCRIPTION: ALL THAT CERATIN PROPERTY SITUATED IN DICKINSON
TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY
DESCRIBED IN DEED DATED 12/19/97 RECORDED 12/19/97 APPEARING AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 169 PAGE
690
Parcel ID: 08402648020
Stale of pennSYlVania}
County of Cumberland 86
Recor ed~' the office tor the recording of Deeds
~cl. i nd berland Counly."E!ito'
In m'" ._~a H!=.D R
wilne s yhan Iota.
Carlisle, PA this day 1 ~
~ t:J~
' R~rder
,BOOK 1545 PAGE .224
.
.:;,
December 27, 1999
Craig Paxton
140 Old State Road
Gardners, PA 17324
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortlfage on vour 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 (}lEAP) 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 m 7) 780-1 \\9.
This Notice contains important legal information. If you have any questions, represen~~ the Consumer
Credit Counseling Agency may be able to help explain it. You may also want t~ntact an attorney in your
area. The local bar association may be able to help you ~~'\Yer.
LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTAN ~~FECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASE. SI NO CO CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMED \'\ TE LLAMANDA ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN GOS AI, NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
Craig Paxton
140 Old State Road Gardners. PA 17324
6903775762
Conseco Finance Consumer Discount Company
added to.the amount you owe the lender, which may also include other reasonable costs. !fyou cure the default
wiCl1in 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--Ifyouhave not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due. plus any late or other charges then due. reasonable attomev's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing
any other requirements under the mortgage. 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 DATE--It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A
notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7390 K,vrene Road. Tempe. AZ 85283
Phone Number: 1-888-315-8733. Ext. 36239
Fax Number: 480-333-6457
Contact Person: Harold Williams
EFFECT OF SHERIFF'S SALE--You 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-- Y ou 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 DEF AUL T 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.
.
. ,~ .
.
I)f-I
" TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY 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 PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WU,L BE USED FOR THIS PURPOSE.
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER Z 214 571 379
RETURN RECEIPT REQUESTED
,.^ ,
~ ,
.,- :.
" .
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross--Hanover Chapter
529 Carlisle Street
Hanover, Pa 17331
(717) 391-1956
Blair County Economic Opportunity Council
5433 Industrial Avenue
Altoona, Pa 16601
(814) 946-3651
FAX # (717) 637-3294
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
.-.. ." '
~."'^' -
February 8, 2000
Theresa Paxton
140 Old State Road
Gardeners, PA 17324
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 (HEMAP) may be able to help to save your
home.
This Notice explains how the prolp'am works.
To see if HEMAP 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 Cowlseling 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 attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
Craig and Theresa Paxton
140 Old State Road Gardners. PA 17324
6903775762
-
, .
ORIGINAL LENDER; Conseco Finance Consumer Discount Company
'CURRENT LENDER/SERVICER: Conseco Finance Consumer Discount Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WIlli THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF I983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE;
- IF YOUR DEFAULT 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 PENNSYLVANIA
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 WITHIN 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 DEF AUL T." EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit
counseling 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 agencies 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-- Your mortgage is in default for the reasons set forth
later in this 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
HOlneowner'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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
"
~ .
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) days 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 DEFAULT--The MORTGAGE debt held by the above lender on your property located at 140
Old State Road Gardners. P A 17324 IS SERIOUSLY IN DEF AUL T because:
yOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now
past due: $923.14 for the months of September 1999 through February 2000
Other charges:
TOTAL AMOUNT PAST DUE: $6.000.39
HOW TO CURE THE DEFAULT--Youmay 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 $6.000.39. PLUS ANY
MORTGAGEPA YMENTSAND LATE CHARGES WHICH BECOME DUE DURlNG 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:
Harold Williams
Conseco Finance Consumer Discount Company
7390 Kyrene Road
Tempe, AZ 85283
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the 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. lffull payment ofthe 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 your mortgaged
property.
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
- '"'...;..."i'.....,-.."WL~~._'
-
~',,;
added to the amount you owe the lender, which may also include other reasonable costs. !frou cure the default
within.the THIRTY (30) DAY period, you will not be required to pay attornev'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 right to cure the default and
prevent the sale at any time up to one' hour before the Sheriff's Sale. You may do so by paying the total amount then
past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriff's Sale as specified in writin~ by the lender and by performing
any other requirements under the mortgage. 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 DATE--It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property could be held would be approximately 5 months from the date ofthis Notice. 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 the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7390 Kyrene Road. Tempe. AZ 85283
Phone Number: 1-888-315-8733. Ext. 36239
Fax Number: 480-333-6457
Contact Person: Harold Williams
EFFECT OF SHERIFF'S SALE-- You 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.
ASS! JMPTION 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 PAYOFF 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 DEF AUL THAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
~.~
'".-
,J
, ",~
- TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
TfIELENDER.
- 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 ofthis 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) clays after receiving this, this office will provide you with the name and address
of the original creditor.
THE PURPOSE OF TillS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR TillS PURPOSE.
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER Z 322 431 009
RETURN RECEIPT REQUESTED
,..;-",",.
. .
- . -.' ", '~ '"'
~";'F~
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross--Hanover Chapter
529 Carlisle Street
Hanover, Pa 17331
(717) 391-1956
Blair County Economic Opportunity Council
5433 Industrial Avenue
Altoona, Pa 16601
(814) 946-3651
FAX # (717) 637-3294
Consumer Credit Counseling Service of Western
Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, Pa 17102
(71 7) 541-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, Pa 17268
(717) 762-3285
.
.'
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01652 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER
VS
PAXTON CRAIG A ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PAXTON THERESA L
the
DEFENDANT
, at 0018:40 HOURS, on the 12th day of April
, 2000
at 485 PETERSBURG ROAD
CARLISLE, PA 17013
by handing to
TERESA PAXTON
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
6.00
3.10
.00
10.00
.00
19.10
So AnlilWeL's:
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R. Thomas Kline
04/13/2000
MCCABE, WEISBERG & CONWAY
Sworn and Subscribed to before
me this J'?!:!::" day of
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otponotary .
By:
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-01652 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER
VS
PAXTON CRAIG A ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
PAXTON CRAIG A
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
, PAXTON CRAIG A
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
LEFT NO FORWARDING WITH THE P.O.
Sheriff's Costs:
Docketing
Service
NOT FOUND RETURN
Surcharge
So
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18.00
5.58
5.00
10.00
.00
38.58
R. omas Kline
Sheriff of Cumberland County
MCCABE, WEISBERG & CONWAY
04/13/2000
Sworn and subscribed to before me
this
/'l~" day of ~
d-1nN A.D.
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Pr t onotary
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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 Co.
7360 Kyrene Road
Tempe, AZ 85283
v.
Craig A. Paxton
140 Old State Road .~
Gardners, PA 17324
and
Theresa L. Paxton
140 Old State Road
Gardners, PA 17324
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Attorney for Plaintiff
Cumberland County
Court of Common Pleas
. TRUE COpy FROM RECORD
tn Tastimooy whereof, I 001"6 limo set my hand
and the Sial of said Court at Carlisle, Pi,
TIri.a:~n d~y ~f~i;/Y~.JIFg--
Prothonotary
Number 00 - /t.S'~ eUL"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
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
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AVISO
Le han demandado a usted en la corte. Si usted
qui ere defenderse de estas demandas ex-puestas en
las pasinas 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 demandas 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 decfdir a
favor del demandante y requiere que usted cumpta
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
INMEDlATAMENTE. SI NO T1ENE ABOGADO 0
Sf NO TIENE EL DINERO SUFlCIENTE DE PAGAR
TAL SERVICO, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICINA CUY A
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA A VERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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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 Discount
Company f/k/a Green Tree Consumer
Discount Co.
7360 Kyrene Road
Tempe, AZ 85283
Cumberland County
Court of Common Pleas
v.
Craig A. Paxton
140 Old State Road
Gardners, PA 17324
and
Theresa L. paxton
140 Old State Road
Gardners, PA 17324
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Conseco Finance Consumer Discount Company
f/k/a Green Tree Consumer Discount Co., a corporation duly
organized and doing business at the above captioned address.
2. The Defendant is Craig A. Paxton, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and his last-known address is 140 Old State Road,
Gardners, PA 17324.
3. The Defendant is Theresa L. Paxton, who is one of the
mortgagors and real owners of the mortgaged property hereinafter
described, and her last-known address is 140 Old State Road,
Gardners, PA 17324.
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4. On May 25, 1999, mortgagors made, executed and delivered
a mortgage upon the premises hereinafter described to Plaintiff
which mortgage is recorded in the Office of the Recorder of
Cumberland County in Mortgage Book 1545, Page 218.
5. The premises subject to said mortgage is described in the
mortgage attached as. Exhibit "A" and is known as 140 Old State
Road, Gardners, PA 17324.
6. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due September, 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 erltire principal balance and all interest due thereon are
collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance
Interest 9/99 through 3/10/00
(Plus $27.8863 per diem thereafter)
Attorney's Fee
Late Charges (9/99 through 3/10/00)
Mortgage penalty
Cost of Suit
Appraisal Fee
Title Search
$103,834.39
$ 3,687.86
$ 5,191.72
$ 461. 55
$ 5,035.96
$ 225.00
$ 125.00
S 200.00
GRAND TOTAL
$118,761.48
8. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
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9. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. ~403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seg., 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 Defendants
in the sum of $118,761.48, together with interest at the rate of
$27.8863 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
JJU\;U./V'I ( fl. ~.. VY\ C C6l. h-e-
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
.......
....._"
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.
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TERRENCE J. MCCABE
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OPEN-END MORTGAGE APplica't.,".';. \ 9S'.oOW"5o"l~
This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ..,~~y...~~.!...~~~~.................. and the
parties, their addresses and tax identification numbers, if required, are as follows:
11~v(C(( O~'t
MOR.TGAGOR.:
Craig;" Paxton, Theresa L Paxton
HIS WIFE-A!T!B!T!E
o If checked, refer to the attached Addendum incoxporated 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. For good and valuable consideration, the rC1:eipt and sufficiency of which is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's perfoJ1DJlIll:e under this Security InsttUInent, Mortgagor grants, bargaios,
conveys and mortgages to Lender the following described property:
See Exhibit A
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The property IS locatedm ..Cuabill'l.and................................ . ... at ................................................
(Counlv\
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(Addtes3) . ',,'" ""~ ~ ) . . (ZIP Code)
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Together with all rights, easements, appurtenances, royaiti,~..mineral rights, oil and gas rights, all water and riparian rights,
ditches, and waler stock and all existing and future improvements, structures, fixtures, and replacements 'that may now, or at
any time in the future, bI; part of the real estate described above (all referred to as 'Properly').
3. MAXIMUM OBLlf&.P,cmi~' The total principal. am.~t ~ecured by this Security ~trume?t at anyone time sllaII not
exceed $ ............................:,...................... . This limitation of antount does 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
tenDS of this Security InstruIllent to protect Lender's security and to perform any of the covenants contained in this Security
InstruIllent.
4. SECURED DEBT AND FUTURE ADVANCES, The term 'Secured Debt' is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranry(s) or other evidence of debt described .
below and all their exteosioos, renewals, modifications or substitutions. (W//en r;ferencing the debts below it is
suggested that you include items such as borrowers' 1Ul1T//!S, note amounts, interest rates, maturity dates, etc.)
Note dated May 25, 1999, between Green Tree Consumer Discount Company and Craig A
paxton, Theresa L paxton, for $104,000.00, maturing June 1, 2024.
PENnsYLVANIA. MORTGAGE {NOr ~R FNMA. FHJ.,MC. FHA OR VA usa
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B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
note, contl1lct, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
InstrWllent whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instnnnent 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 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 this Security Instrument.
Nothing in this Security Instrument sbaIl 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 10, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advance~ and expenses incurred by Lender under the terms of this Security
ItlStIUIllent .
This Security Instrument will not secure any other debt if Lender fails to give any required notice of tbe right of rescission.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has 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 SECURITY INTERESTS. With regard to any other mortgage, deed of trusl, 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 without Lender's prior written consent. .
8. CLAIMS AGAINST TITLE. Mortgagor will pay all t1xes, as"'''''''''"'lts, liens, encumbrances, lease payments, groond rentS,
utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all
notices !bat such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor wl1l defend title to the
Property against any claims that would impair the lien of this Security IDstrument, 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
m.;nl';l1 or improve the Property.
" 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, ~ncumbrance, transfer or sale of the
Property. This right is subject to the restrictions imposed by federal law (12 e.F.R. 59).); as applicable. This covenant shall
run with the Property and shall remain in e!fect until the Secured Debt is paid in full and this Security Instrumeut is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and
make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of
the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the oature of the
occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change
in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all
demands, proceedings, claims and actions against Mortgagor, and of any loss or damage l!> the Property.
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Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
~rope~y. Lender. sball J!ive Mortgagor notice at the tim~ of or before an inspection specifying a reasonable purpose for the
mspecliOll. Any mspecuon of the Property shall be enurely for Lender's benefit and Mortgagor will jn no way rely On
Lender's inspection. .
U. ~UTHORITY TO PERFORM. If Mortgagor fails to perform any duly or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall
not create an obligation to perform, and Lender's failure to perfonn will not preclude Lender from exercising any of Lender's
other rights 1llIder the law or this Security Instrument. If any construction on the Property is discowinued or not carried on in a
reasonable manner, Lender may take all steps necessary to protect Lender's security interest in tht Property, including
~mpletionoftheoonstruction.
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, renewals,
modifications or substitutions of such agreements (all referred 10 as "Leases") and rents, issues and profits (all referred to as
"Rents"). MOrlgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is nol in default under the tenns of this Security
Instrument.
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 remain etfective Until the Obligations 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 Lender after such recording, however Lender agrees DOt to notiJY Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all
Rents due or to become due direetly 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 lIUSt for Lender and will not commingle the
Rents with any other funds. Any amounts collected 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 tenns of the Leases and applicable law.
13, LEASEHOLDS; CONDOMINIUMS; PLANNED UNlT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of lIIlY lease if this Security Instrument is on a leasehold. If the PropertY includes a unit in 1Il condominium or a
planned unit development, Mortgagor win perform all of Mortgagor's duties under the covenants, by-lawS, or regulations of
the condominium or plaoned unit development.
14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment wben due.
MortgagOI will be in default if a breach occurs under the tenus of this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debl. 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 impaired shall also constitute an event of default.
IS, REMEDIES ON DEFAULT. In some instanCes; federal 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 actions. Subject to these limitations, if
any, Lender may accelerate the Secured Debt and foreclose this Security Instrumetu in a manner provided by law if Mortgagor
is in defaulL
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, upon the occurrence of a, default or, anytime thereafter. In addition,
Lender shall be ewitled to all the remedies provided by law, the terms of the Secured Debt, this Security Jostroment and any
related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is ewitled to all remedies provided
at law or equity, whether or not expressly set forth. The acceptance by Lender of ~ SUlll in payment or partial payment on
the Secured Debt after the balance is due or is accelerated or after foreclosure proceediilgs are filed sball 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 docs not waive Lender's right to later consider the event a default if it continues or happens again.
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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, p.resel'ViDg or otherwise
protecting the Property and Lender's security interest. These e~penses will bear interest from the date of the payment until paid
in full at the blghest interest rate in effect as provided in the tenus of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incum:d by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amoUnt may include, but is ootlimited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. ENVIRONMENTAL LAWS AND.HAZARDOUS SUBSTANCES. As used in this section. (I) Environmental Law means,
without limitation, the Comprehensive Environmental Response, Compensation and Liability Al:t (CERCLA, 42 U.S.C. 9601
et seq.), and all other fedeml, Slate and local laws. regulations, OJ"~;""""e$, court orden;, allOl'JleY general opiDlDns Dr
interpretive letters concerning the public health, safety, welfare, enviromneot or a hazardous substance; and (2) Hazardous
, Substance means any toxic, radioactive or hazardous material, waste, pollutant or cO[l..mi....n' which has characteristics which
render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The lelD1
includes, without limitation, any snbstances defined as 'bazardous material," 'toxic substances," 'hazardous waste' or
'hazardous substance" under any Environmental 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 on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that
are generally recognized to be appropriate for the nonna! use and mainteDl1llCe of the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable EnvironmeotaJ 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 Property. In such an event,
Mortgagor shalllllke all neces~arY remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor bas 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. Mortgagor 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, emiOCnt domain, or any other means. Mortgagor
authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns 10
Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the
Property. Such proceeds shall be coDsidered paymentS and will be applied as provided in this Security Instrument. This
assigmne.at of pcoceeds is subj~ to the tezms of an)' prior mortgage, deed of trust, security agreement or other lien document.
19. INSURANCE. Mortgagor sbaII keep Propetty insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insuntnce shall be IJ1~;nl.ined in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which sbalI not be unreasonably witbheld. If Mortgagor fails to maintain the coverage desctibed above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instnnnent.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, 'loss payee clause. . Mortgagor sbalI immediately notiJY Lender of cancellation or tennin.tion of the insurance.
Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lende[
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
and Lender. Lender may ma1re proof of loss if not.made immediately by Mortgagor. "
lS)1894S."k.... Sn~.ll'lc.. St. Cloud, MN 11-800.397-2341) Form Flft.MTG.~A 12J19/94
.Boo~1545 PAGt 221
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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 the
Mongagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass 10 Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOa TAXES AND INSURANCE, Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for laltes and insurance in escrow.
21. FINANCIAL ItEPORTS AND ADDmONAL DOCUMENTS. Mongagor will provide to Lender upon request, any
financial starement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional docwnents or certifications that Lender may consider nec"'5~8ry to perfect, cowinue, and preserve Mortgagor's
obligations under this Security Insuument and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LlABll..ITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security Instrument are join1 and individual. If Mortgagor signs this Security lnstnuneDt but does not sign an evidence of debt,
Mortgagor does so only 10 mortgage Mortgagor's .interest in the Property to secure paymCDt 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 MOl.1gagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited 10, any
awi-deficiency or one-action 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 Mongagor's consent. Such a
change will not releas" Mortgagor from the tem1S 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 SecurilY Instrument is governed by the laws of the
jurisdiction in whicb Lender is located, except to the extent otherwise required by the Jaws of the jurisdiction where tlJe
Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or
modified by oral agreement. Any 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 pemllts the variations by
written agreemellt. If any section of Ibis Security Instrument cannot be enforced according to its tenus, that section will be
severed and will not affect the enforceability of the remainder of this Security Insttumem. Whenever used. the singu.lar 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 DOt to be used to interpret or define the tenus of this Security Instmment. Time is of the essence in
this Security Insttument.
24, NOTICE, Unless otherwise requin:d by law, any notice shall be given by delivering it or by mailing it by first class mall to
the appropriate party's address on page 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 law, Mortgagor waives any right to appraisement relating to the Property.
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26. OTHER TERMS, If checked. the following are applicable to this Security Instrument:
o Lillie of Credit. The Secured Debt iDcludes 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 811 improvement on
tjle Property.
D J!!IxturI! F1Iing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
anti that are or will become fixtures related to the Property. This Security InstrullleDt suffices as a financing statement
anti any carbon, photographic or other reproduction my be filed of record for purposes of Article 9 of the Uniform
Conunc:rcial Code.
D Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the
Properly. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a porchase money
mortgllJ!e with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania.
o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
IN'll'EllEST RATE.
D Riders. The covenants and agreements of cacb of the riders checked below are incorporated into and supplement and
amend the termS of this Security Instrument. [Check all applicable boxes]
o COndominium Rider 0 Planned Unit Development Rider D Other ...................................................
o AdditIonal Terms.
SIGNATURES: By signing below, Mortgagor, intending 10 be legally bound hereby, agrees to the terms and covenants contained
in this Security Instrument and il! any altachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the date stated on page I.
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ACKNO~~~~TII OF ...~~~~.Y.~~~-i:I19"........., COUNTY OF ..DQ,!:t.p.hb..........................} SS.
_I On this the ..JL~.'?.............. day of .~r........................................, before me .................-.................,
, . --'I peared Craig A Paxton, '.lheresa L !:'axton
the undemgned officer persowu yap.........................................,..................................... .............
............................:............................................................, knliwn to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and ackiJowiedged that be/she executed the same
for the purposes therein contained.
My conunission expires:
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NOTARIAL SEAL ~".."''''X~''' ~ .~'::. l..
NEVIN L BEYER, Hi Public "~>~':':'"~::':IC':'l'~:''~~'''
Lower Paxton"li . Dau In Coun . ....: ',..,..,i'...".......-
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. ~embe(, PeJ1nsvlvanla Assocl!lflnn..nf Nl'lt:lries.. . , . Green Tree ConaUttler Discount COl'l1p.inyW..,~.,..
It is hereby certiliea tfuit tile aaaress or IlUn.:ellOel"Wlthin named JS: ............................................................................
3401 Hattzdale Dcive Suite 118, camp Hill. Pennsylvania 17011
....................................................&0............................................................................................................
In wi~ whereof, I hereunto set my hand and official seal.
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BooK1545 rAGE .223
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EXHIBIT A
Leaa1 Descrip~ion.
BRIEF LEGAL DESCRIPTION: ALL THAT CERATIN PROPERT~ SITUATED IN DICKINSON
TOWNSHIP. CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULL~
DESCRIBED IN DEED DATED 12/19/97 RECORDED 12/19/97 APPEARING AMONG THE LAND
RECORDS OF THE COUNTY llND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 169 PAGE
690
Parcel 1D: 08402648020
State of pennSYlVania}
County of Cumberland 86
Re~corded~' the office (or the recording of Deeds
~t. i nd berlend Countv,1!.tiL0c:7
In m'" ._~a e!:D R
witne s y han I of o' f
Carlisle, PA this day 1lli
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.Boo~1545 PAGE .2.24
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December 27, 1999
Craig Paxton
140 Old State Road
Gardners, PA 17324
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on vour 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 anv questions. you may call the Pennsylvania Housing Finance Agencv
toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1\~.
This Notice contains important legal information. If you have any questions, represenrtJ,%l:~ the Consumer
Credit Counseling Agency may be able to help explain it. You may also want t~ntact an attorney in your
area. The local bar association may be able to help you ~~'\Yer.
LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORT AN ~y AFECT A SU DERECHO A
CONTINUAR VIVIENDO EN SU CASE. SI NO CO~ CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMED \<\ TE LLAMANDA EST A AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN GOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
Craig Paxton
140 Old State Road Gardners. PA 17324
6903775762
Conseco Finance Consumer Discount Company
-~ .'
. added to.the amount you owe the lender, which may also include other reasonable costs. !fyou cure the default
witliin the THIRTY (30) DAY period. you will not be required to pay attornev'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 right to cure the default and
prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due. plus any late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing
any other requirements under the mortgage. 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 DATE--It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property could be held would be approximately 5 months from the date ofthis Notice. 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 the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE r .ENDER:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7390 Kyrene Road. Tempe. AZ 85283
Phone Number: 1-888-315-8733. Ext. 36239
Fax Number: 480-333-6457
Contact Person: Harold Williams
EFiFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership of tlle 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 asswne 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 TillS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
'~~-
-. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY 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 PURPOSE OF TillS 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 214571 379
RETURN RECEIPT REQUESTED
~' -
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross--Hanover Chapter
529 Carlisle Street
Hanover, Pa 17331
(n 7) 391-1956
Blair County Economic Opportunity Council
5433 Industrial Avenue
Altoona, Pa 16601
(814) 946-3651
FAX # (717) 637-3294
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
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February 8, 2000
Theresa Paxton
140 Old State Road
Gardeners, P A 17324
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
TIlls is an official notice that the mortgalle on vour 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 (HEMAP) may be able to help to save your
home.
This Notice explains how the program works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the
Counseling Agency.
TJle name. address and phone nwnber of Consumer Credit Counseling Agencies serving your County are listed
at the end ofthis Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency
toll free at 1-800-342-2397 (Persons with impaired hearinll 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 attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLAMANDA ESTA AGENCIA
(PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR
SU CAS A DE LA PERDlDA DEL DERECHO A REDIMIR SD HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
Craig and Theresa Paxton
140 Old State Road Gardners. P A 17324
6903775762
-<---,,-
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ORIGINAL LENDER: Conseco Finance Consumer Discount Company
'CURRENT LENDER/SERVICER: Conseco Finance Consumer Discount Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
- IF YOUR DEFAULT 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 PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORRCLOSURE--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 WITHIN 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
FIRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit
counseling 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 agencies 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 this Notice (see following pages for specific information about the nature of your default). If you have tried
and are tillable 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 ofthis 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 PROMPTL Y. 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
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) days 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 tlle 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 DEFAULT (Bring it up to date).
NATURE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property located at 140
Old State Road Gardners. P A 17324 IS SERlOUSL Y IN DEFAULT because:
YOU HAVE NOT MADE MONTHL Y PAYMENTS for the following months and the following amounts are now
past due: $923.14 for the months of September 1999 through February 2000
Other charges:
TOTAL AMOUNT PAST DUE: $6.000.39
HOW TO CURE THE DEF AUL T-- 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 $6.000.39. 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:
Harold Williams
Conseco Finance Consumer Discount Company
7390 Kyrene Road
Tempe, AZ 85283
IF YOU DO NOT CURE THE DEFAULT--Ifyoudo not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its rights to accelerate the mort{!age 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. Iffull payment of the total amount past due is not made within THIRTY (30)
DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
property.
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
~~ .......... M' " .
, added to the amount you owe the lender, which may also include other reasonable costs. !fyou 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.
EIGHT TO CURE THE DEF AUL T 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 right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due. plus any late or other cham:es then due. reasonable attorney'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
any other requirements under the mortgage. 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 DATE--It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately 5 months from the date ofthis Notice. 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 the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7390 Kyrene Road. Tem'pe. AZ 85283
Phone Number: 1-888-315-8733. Ex!. 36239
Fax Number: 480-333-6457
Contact Person: Harold Williams
EFFECT OF SHERIFF'S SALE-- Y au 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 asswne tlle mortgage debt, provided that all tlle outstanding payments, charges and attorney's
fees and costs are paid prior to or at the sale and that the other requirements of tlle mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF 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 RlGHT 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.
- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY 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 PURPOSE OF THIS COMMUNICATION IS TO cm ,LECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THIS PURPOSR.
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER Z 322 431 009
RETURN RECEIPT REQUESTED
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PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross--Hanover Chapter
529 Carlisle Street
Hanover, Pa 17331
(717) 391-1956
Blair County Economic Opportunity Council
5433 Industrial Avenue
Altoona, Pa 16601
(814) 946-3651
FAX # (717) 637-3294
Consumer Credit Counseling Service of Western
Pennsylvania, Inc.
2000 Linglestown Road
Har~isburg, Pa 17102
(717) 54l-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, Pa 17268
(717) 762-3285
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Z 214 571 379
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No insurance Coverage ProVided
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Z 31:2 431 0119
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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.
Craig A. Paxton
Theresa L. Paxton
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 2000-01652
ORDER TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter discontinued and
ended upon payment of your costs only.
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TERRENCE . McCABE, ESQUIRE
Attorney for Plaintiff
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