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Home My WebLink About00-02776 -".,-.. " .- " -" 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 ','-,-~ "# ,,,,,-,- d-h"",--<_'~ ;',_ ~ -", "._"",,"~ "'--~,.-~-" .' -~: ,-,l,- ,." " "-';<fl i Attorney for Plaintiff Cumberland County Court of Common Pleas Number CO - ~ 7710 Cu {T8U'[ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP, Cumberland County Bar Association 2 Liberty Avenue CarLisLe, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de est as 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 propi edades u otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO T1ENE ABOGADO 0 SINO 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 CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249- 3166 .-.'. ,," ~_,^" ..(. j.-.". <-c_, '. ,'~:"",,",,,,_ '~,," . """',-"--',',,,,,- ,~-~. ~;';;"'46':,,"")""'~- .~. 0-' ~ _" ,- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, 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. .-" ". ~. ,-, '-.""..c_i '-b -,-~ _-'U~_, --,_,~~-",_- 'X"'-" ,- '", -_"_~,,, .- "''-~i '-:-'.':-''''">'':''~- ~i"~L.< _._ : 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 Road, Gardners, PA 17324. mortgage attached as Exhibit "A" and is known as 140 Old State 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 5/2/00 (Plus $27.8863 per diem thereafter) Attorney's Fee Late Charges (9/99 through 5/2/00) Mortgage Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $103,834.39 $ 6,833.05 $ 5,191.72 $ 461. 55 $ 5,035.96 $ 225.00 $ 125.00 $ 200.00 $121,906.67 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. ,_~ ,',,,,,~-" .,-",,.-,-i-'"-"'- .'." ','_0",:,," ,-t.",;,,",,;.-:,;i-,-,,''';'',';''';-^'''',~~-,,",~'''"'~',:,,,,,,,,-,,'.j '''_--;''"d_}~1 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 sum of $121,906.67, 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. ~rRB. f'}irf'",/"", TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff .~" --"- - -,~,,_~,:o-;-~-;,_, ," ""-'--,,-,,,,"~~",--,L-'; \'" "",,_ .,'~ -~,~ ...~,",-"o, -" -. , ,~ ~" ~I 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. ..:;}..RAA.P/J1CP Q. t/I1c Cv(p,L v TERRENCE J. MCCABE - . . ~" /95).J e ",., ., .. : Cemmonweallh of P_lvllllia Spa<e Ab.v. '/bJs u.oo For RetonIiIIe Data OPEN END MOD'TGAGE Application # "0506000' - ~ Loan # g903775762 lbis Mongage secures future advances 1. DATE AND PARTIES. The date of this Mongage (Security Instrument) is ...~~r...~~.~...~~~?.................. and the parties, their addresses and tax identification 1lUllIbers, if required, are as follows: 11c(;v(C(( O~~ MORTGAGOR: Craig ~ Paxton, Theresa L Paxton HIS WIFE"A/T/B/T/E o If checked, refer to the attached Addendum IDcOlpornted herein, for additional Mongagors, their signatures and acknowledgmeuts. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. For good and valuable consideration. the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performam:e under this Security lostrUIllent, Mortgagor granes, bargaillS, conveys and mortgages to Lender the following described property: See Exhibit A EXHI[IT '~" ~ . ":. . ". l The property IS located In ..C\lllbilr.l.and................................................... at ............... ................................. (Counlv' " ...... '. ....'. ,_. .17324 .......... :....... ......... .......... ................ ......, ........ ........................ ........ ... ......., PennsylVania ....... ... ............... (Addtess) . , (C'rty) . (ZIP Code) Together with all righes, easements, app1lfli'11>lnces, royalties, mineral rights, oil and gas rights, all water and riparian rights. ditches, and water sloCk and all existing and future improvemeDlS, structures, fixtuIes, and replacemeDlS 'that may now, or at any time in the timJre, ~ part of the real estate descrihedabove (all referred to as 'Property'). 3. MAXIMUM OBUfh'.P,<mi ~. The total principal. ~~t ~ecured by this Security ~~t at anyone time shall not exceed $ ............................:....................... . This limitanon 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 tenns 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 FU'fVRE ADVANCES. The term 'Secured Debt' is defined as follows: A. Debt incurred under the tenns of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extecsions, renewals, modifications or substitulions. (W/{en referem:ing the debts l1e1ow it is suggested that you include items such as bo"owers' TUl1TIf!S, note anwunts, interest rares, maturity dares, 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 - MORTGAOE [NOT FOR FNMA. FHLMC. FHA OR VA USE) &'11894 a...... Syatem., hw.,St. cs-d. MN 11-800-307-23411 Form RE..f.1TG-PA 1V111194 Form 10 #111184 . ~.. l'\ f) (page 1 of fJJ hfLr..,--r:'&.p. .BOO~ 1545 rAG! ' a18 -.n:;'l!i!ili " B. All future advances from Lender 10 Mortgagor or other future obligatioos of Mortgagor 10 Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument 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. AIl future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. AIl future advances and other future obligatioos are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constimre a commitment to make addition.al 01' fumre loans or advances in any amount. Any sucb 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 advance<! and expenses i.llClllTed by Lender under lhe 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 chat all payments under the Secured Debt will be paid when due and in accordance with the terms of lhe 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 IlIStrument and has the right to grant, bargain, convey, sell, and mortgage the Properly. Mortgagor also waIIllIllS chat the Property is unencumbered, except for encumbrances of record. 1. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document chat created a prior security Interest or encl1D1brance 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 chat Mortgagor receives from the holder. C. Not to allow any modification or eXlellSion of, nor,to request any future advances under any note or agreemem secured by the lien document without Lender's prior written consent. . 8. CLAIMS AGAlNST TITLE.. Mortgagor will pay all taXes, osses"'"ent'l, liens, encumbrmx:es, lease payments, ground rentS, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices chat such amounts ate due and .(he receipts evidenciog Mortgagor's payment. Mortgagor will defend tide to the Property against any claims that would impair the lien of this Security lIistrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have agaillSt parties who supply labor or materials to maintain or improve the Property. ,. DUE ON SALE OR ENCUMBRANCE. Lender: may, ar its option, decIaIe 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, ~brance, traDSfer or sale of the Property. 'Ibis right is subject to rhe resaictions imposed by federa1law (12 C.F.R. 591); as applicable. This covenant shaI1 run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor willlceep the Property in good condition and make all repairs that are reasonably uecessary. Mortgagor shall not commit or allow any waste, impainnent, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and gmsses. Mortgagor agrees that the nature of the occupancy and use wl1l not substantially cb.ange without Lender's prior written consent. Mortgagor will not pennit any change in any license, restrictive covenant or easement without Lender's prior written COlISenl. Mongagor will notify Lender of all demands, proceedings, claims and actions ag3UISt Mongagor, and or any 1000,~e-l!'-dl........"ropeftyo-~ ~ ~ fil1a94 Baflll:m SVII~oma, Ioc., St. CIDLICl. MN 11-800-387.23411 Form RE.MTQ-PA 12119/8'4 BOOKl545'Ac~' .219 ~ " n (psge 20fkJ !.d..nLL. -r: t- r< ",' !li" ~ Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable thne for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the thne of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. . 11. 4-UTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in lhis Security Instrument, Lender may, without notice, perform or cause them to be pelformed. 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 fail\lIe to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security IDstrmnent. 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 consuuction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains. conveys and mortgages to Lender as additional security all the right, tide 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 ref=d to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with uue and correct copies of all existing and future Leases. Mortgagor may collecl, receive, enjoy and use the Rents so long as Mortgagor is nOI in default under the tenns of this Security Instrument. Mortgagor agrees that lhis assignment is immediately effective between the parties to this Security Instrmnent and effective as to third parties on the recording of this Security Insttument, 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 such 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, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in uust 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 terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINWMS; PLANNED UMT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instr\JllleJlt is on a leasehold. If the Property' includes a unit in a condominium or a plaimed unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-lawS, or regulations of the condominium or p1anned unit development. 14. DEFAULT. Mortgagor will be in defaull 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 lhis Security lnstrmnent or any other document executed for the pnrpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecnre 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. 15, 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 thne schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security IDStrmnent in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal sha1l become immediately due and payable. after giving notice if required by law, upon the occurrence of a ,default or. anytime thereafter. In addition, Lender sbaH be entitled to all the remedies provided by law, the terms of the Secured Debt. this Security Instrument and any related documents. Al1 remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth., The acceptance by Lender of ~ sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedillgs are filed sha1l 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 happens again. ~1994 SIlI'IIUI" SV~.mti.lnc.. St. Cloud, MN 11.UQQo397-23411 Fom\ Rt.-MTG-PA '2/'9)&4 ~Qo~1545 PAGE .220 /pag" J Df ,fi C, f\. e c.r: l.- f'. ,. Iii. 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 Ibis Secwity Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise ptotecting the Property and !..ender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the tenus of the Secured Debt, Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enfoccing or protecting Lender's rights and remedies under this Security InstrUment. This amount may include, bUlis not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument sba1I 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) EnviroJJDlentaI Law means. without limitation, the Comp",hensive EnviromnentaI Response, Compensation and Liability Act (CHRCLA, 42 U.S,C. 9601 et seq.), and all other federal, slate and local laws, regulations, ordinances, court orc1ers, attorney general opinions or interpretive letters concerning the public health. safety, welfare. environment or a hazardous substanCe: and (2) Hazardous , SubstaJlCe means any toxic,radioactive or hazardous material, waste, pollutant or coo"'m;n:ln' which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or enviroJJDlent. The teem includes, without limitation, any substances defined as 'hazardous material.' "toxic substances," 'hazardous waste' or 'hazardous substance' under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and aclawwledged 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 cecognized to be appropriate for the nolIllaluse and maintenance of the Properly. B. Except as previausly disclosed and acknowledged in writing to Lender, Mortgagor and every tenant bave been. are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardaus Substance occurs 'on, under or about the Property ar there is a violation of any Enviranmental Law concerning the Property. In such an event, Mortgagor shall take all nel'essary remedial action in accorda.m:e with any Environmental Law. D. Mortgagor shall immediately ootify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. 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 autbarizes Lender to intervene in Mortgagor's name in any of the above described actioDS or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or otliler laking of all or any part of the Property. Such ptoceeds shall be colisidered paymems and will be applied as provided In this Security IlISUUIl1ent. This assignment of proceeds is subject to the tetlDS of any prior mortgage, deed of trust, security agreement or other Uen docnmem. 19. INSURANCE. Mortgagor shall keep Property insured againstlo~ by fire, flood, theft and other hazards and risks reasonably associated with the Property due to ilS type and location. This ~ sba1I be m,inllli""(\ in the amounts and for the periods that Lender requires. The insurance carrier providing the itlSUlllDCeshall be chasen by Mortgager subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to "",in",in the coverage described abave, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the tenus of this Security loscrument. All insurance policies and renewals shall be acceptable to Lender and shall include a staudard 'mortgage clause' and, where applicable, 'loss payee clause.' Mortgagor shall immediately notify Lender of cancellation or tec:mination of the insurance. Lender shall have the right to hold the poUcies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewalllOtices. Upon loss, Mortgagor sba1I give immediate notice to the insurance carrier and Lender. Lender may make proaf of loss if not made immediately by Mortgagor. 1S)1l)a4 Sam"," 'S....UII'I'r*-.ln.... St. Clgyd. MN 11-80o-'397~23411 F<afR'RE-MTG.PA 12/19/114 .Boo~!545 PAGE. 221 noD (pag84afRJ ~ '-r-'I.-t: Unless otherwise agreed in writing, all insurance proceeds sball be applied to me restoration or repair of the Property or to the Secured Debt, whether or DOt then due, at Lender's option. Any application of proceeds to principal shall not e.otend or postpone the due date of the scheduled payment nor change the amounr of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insuzance 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 DOt be required 10 pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDmONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider n...."S~ary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 2Z.JOINT AND INDIVIDUAL UABILITY; CO.SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security lnstrotnent are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only 10 mortgage Mortgagor's interest in the Property 10 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 againsl Mortgagor or any party indebted under the obligation. These rights may include. but are nol limited to, any aoti-deficiency or one-action laws. Mortgagor agrees that Lender and any party 10 this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt wilhout Mortgagor's consent. Such a change will DOl release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security InstrUlDem sball bind and benefit lhe successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by lhe laws of the jurisdiction where the Property is located. This Security Instrumenl is complete and fully imegrnted. This Security Instrument may nOI be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related 10 the Secured Debtlhat confliclS wit:h applicable law will not be effective, unless that law expressly or impliedly permits the variations by wrillen agreement. If any section of this Security Instrument cannot be enforced according 10 ilS tenos, thai section will be severed and will not affect the enforceability of the temainder of this Security Instrument. Whenever used, Ibe singular shall include the plural and lhe plural the singular. The captions and headings of Ibe sections of this Security InstrUment are for cOllVenience only and are not to be used 10 interpret or define the tenns of this Security r_. Time is of the essence in this Security InslCUD1ent. 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 10 000 mortgagor will be deemed to be notice 10 all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to lhe Property. ,BOO~ 1545 PAGE 222 o c: E: :::0 ....... _ITI'Y -00 rt1 0 ~.aJ ::O;::lm r ;:tl ~ ~~-1 o::::J ~.tl '-c 0 0 N 2 0"'- c::om '" Z ITl '" -Irnr- en -< 0 ", 'c..:l I en;:O "tI :.>- f) fpaglJ 5 0'1) C. A. r. -r:/.... co CD '2 := -<:: CT094 8anktm Syatlltm. InO'., St. Cr.,ud, MN tt.S0Q.39,.-2341} Form RE.M1t}.PA 121U1)94 - " 26. OTHER TERMS. If checked, the following are applicable to this Security Instrument: o Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be Ieduced to a zero balance, this Security Instrument will remain in effect until released. o Constrnctlon Loan. This Security Instrument secures an obligation incurred for the cOlistruction of an improvement on the Property. o Fixture l11Iing.. Mortgagor grants /0 Lender a security imerest in all goods /bat Mortgagor owns now or in the future and that are or will become fixtnres related to the Property. 'Ibis 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 COIlIII1ercial Code. o Purchase Money. 'Ibis Security Instrument secures advances by Lender used in whole or in pan to acquire the Property. Accordingly, this Security IDStrnment, and the lien hereunder, is am! shalI be construed as a pnrchase money mortgage 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 INTEREST RATE. o Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the tenns of this Security Instrument. ICheck all applicable boxes] o Condominium Rider 0 Planned Unit Development Rider 0 Other ................................................... o Additional TemJS. SIGNATURES: By signing below, Mortgagor, intending /0 be legally bound hereby, agrees to the terms and covenants contained in this Security IDStrument and il! any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrnment on the date staled on page I. =.~~~~;;;;t;:;;;.,...........c,?::."?~~~~1.. (S~~~~~~.........~:;;>,~.i~;~.. (Wit~.~' . ........... . ........fYJ...f.9.~..{Qj1zJ..&rf!-Il.Ji.......'.......................................................... ACKNO~~~TH OF ..?~~~r.~::~'~':Ul19'........., COUNTY OF ..()qf:l,p.hJ!:I..........................} ss. e_ On this the ..~..~~.............. day of .~y........................................, before me ............_....................... , . nail peared Craig A }laxt:ozt., T.b.eresa L !-'axt:on the undersigned officer, perso yap...... ..................................".................................................. ........................................................................................., Icruiwn to me (or sarlsfacton1y proven) to be the person(s) whose name(s) is subscribed to the within instrument, and ackilowledged that be/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. .,........ . . .....I.....~ .~. \~, .' t>,....(l.f>,<,::~~ ..' . .' _.~'''''''~. ~~..~ ..,--.;i!1'. .':~').~\ 1,~'~',~1 ;;..:O"....;~. ",=",.... ,$:..':'\"'_,;;, ". . .Yo..' ~ .:,.. My commisslon~jres: I . ~.'-' ':.~, '.~ " .~i'fo" .. ;1,'; .. ...,:,.~:1:.7./; .,..'I!~~.....$...:'.... 'S:"''', ;;, ~ : ""': ......~~JiI"i~~ NO"'R1ALSEAl -"""."Y"" ,.r;.. . '11'\ ,~~\_..,:.:. ~... :: NEVIN L BEYER NiPUbllC . ~,""'~ .;t :..,.....;'..... ~."'~ . UI4 1'" . .......,.~. . ~ ::- LowerPaxlonr . Dau nCoua '.... '.~'",.~...,., i{... " My Commission ~Ires 1.25, 2Jbo Thk.~iom.;;....................:.............,~,y~...~::1 ~{~l'l;":"'''-'' ." "':""2',...'-' ,...,\\ ~ ~e[l1ber, Pennsvlvanla Assaclallnn.nf Not,"".. ' . Green Tree Consumer Discount company...... 1/ is hereby ccrtitiea tfuit tile lIiIarcss or me~I:eaaer'Wlthin named 18: ...................................................................-........ 3401 Hattzdale Driv~ Suite 116, camp Hill, Pennsylvania 17011 ..........................................................................................................................................................,..... , ............................................................................ Bood545 PAGE .223 . . .. @ 1994 Slltl~ Syfl'ttttt., Inc.. St. Cloctd, MN /1-800-397.234' I Form AE.MTO.p,A 12/19194- /page 6 of 61 J LII_,_ 'I .~ ~ " " ~, ~ l ,~ ~"'} . EXHIBIT A Leqal DescriDtion. BRIEF LEGAL DESCRIPTION: ALL THAT CERATIN PROPBRTY SITUATBD IN DICKINSON TOWNSHIP, CtlMBBRLAND COUNTY AND COMMONWBALTH OF PBNNSYLVANIA 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 State of PennSYlVania} County of Cumberland 86 Recor ed~' the office for the recording of Deeds ~t. i nd berland Counly.-a~0c:7 In ~y, ._~a H!::.D ~ witne s y han I of 0 Carlisle, PA this day ,1 ~ ~!7~ ' vr , Rlfi6rder , . ,Boo~1545 PAGE .224 ~~~ ~ . =~ ~-~ December 27, 1999 Craig Paxton 140 Old State Road Gardners, P A 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortg:afi1e on your home is in default. and the lender intends to foreclose. Specific infoflp,ation 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 ho e number of Consumer Credit Counselin at the end ofthis Notice. I ou have an ue tions ou ma call the toll free at 1-800-342-2397 Persons with im aired hearin This Notice contains important legal information. If you have any questions, ~tatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want ~'~n attorney in your ~ area. The local bar association may be able to help you find a la~r. ~ '#' LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA ~~CHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENID<M'~TA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIA T AMENTE LLAMANDA EST A 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 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 """".." ~=~ ~ ~ "- - ._~ ,'<~ ,;....4~ CURRENT LENDERfSERVICER: 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 MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 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 nllmbers of designated consumer credit coun~elinll 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. APPLICA nON 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 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICA nON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~:r'i?i ........ L .~. -- n'iW"h "" ~~ . , -~", "'~ ~'r~f: , 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 DEFAULT (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: approximatelv $923.14 for the months of September 1999 through December 1999 Other charges: Late Charges - $461. 5 5 TOTAL AMOUNT PAST DUE: $5.077.25 HOW TO CURE THE DEF AUL T-- Y ou 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 $5.077.25. 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--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 irruhediately and you may lose the chance to pay the mOltgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon 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 .<-~-,--, liII.h - ~ ~ - ~-,,~ J , ~~ ...... ~ ~ '^ ~-~'-I addeQ to.the llIllount you owe the lender, which may also include other reasonable costs. If you cure the default widiin the TIDRTY (30) DAY period. vou will not be required to pay attorney's fees. OTHER LENDER REMEDlES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RlGHT TO CURE THE DEFAULT PRlOR 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 anv time up to one hour before the Sheriff's Sale. You may do so by payin!! the totallllllount then past due. plus any 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 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 SHERlFF'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 of the 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: NllIlle 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 SHERlFF'S SALE-- Y ou should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF 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 DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RlGHT 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. "- ~",. 'f . " riW "'f,j , ~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY TEE 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 TillS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 214571379 RETURN RECEIPT REQUESTED ~ - ~J. . 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 .,~~~ ^ ~- ~--- ~ , ~'lt~-" 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 mortgaf!:e 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 pro~ram 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. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an 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. PAl 7324 6903775762 ~~ -.' ~"l ORIGINAL LENDER: Conseco Finance Conswner Discount Company 'CURRENT LENDER/SERVICER: Conseco Finance Consumer Discount COlI\Pany 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 MAY BE 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 PENNSYL VANIA HOUSING FINANCE AGENCY. ' TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the conswner 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 desig:nated 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 ASSIST ANCE-- 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 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 conswner credit counseling agencies listed at the end of this Notice, Only conswner 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 THEDEFAULT--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: TOT AJL AMOUNT PAST DUE: $6.000.39 HOW TO CURE THE DEF AUL T-- Y au 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--lfyoudo 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 inunediately 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) 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. Ifthe 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 ,,,,,,.,;t_~~ "~ ~~-" .'-- ~,..... "~ '0 added to the amount you owe the lender, which may also include other reasonable costs, If you cure the default within,the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDlES-- 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 any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv 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 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 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 Sheriffs 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION to PAYOFF 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.) "'~ ~ ~ . - - ,~ e_ ~ - 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 TillS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 322 431 009 RETURN RECEIPT REQUESTED "'j~~"- I ! i ~ENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ~ROGRAM 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 0" , . I'~ "";- "i SHERIFF'S RETURN - REGULAR CASE NO: 2000-02776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIST VS PAXTON CRAIG A ET AL DAVID MCKINNEY , 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 0018:45 HOURS, on the 15th day of May , 2000 at 485 PETERSBURG ROAD BOILING SPRINGS, PA 17007 by handing to DWAYNE RHOADES-ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: r'~~-<~ R. Thomas Kline 06/02/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: .fi~ ~'7{~1" Deputy Sheriff me this .;lc c:r.:. day of ~ ok'" . A.D. AI.. f? 'Jz...lJtl" ~ P othonotary , - -"" ,-" '~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-02776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIST VS PAXTON CRAIG A ET AL CPL. TIMOTHY REITZ , 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 CRAIG A the DEFENDANT , at 0015:10 HOURS, on the 1st day of June 2000 at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to CRAIG A. PAXTON a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~ 1~t:~~t? R. Thomas Kline 06/02/2000 MCCABE, WEISBERG & ------ Sworn and Subscribed to before By: ~ me this 20 - day of q,.IA~ -LouD A. D. ~"" _ 0. r'n..U~ A OdtZ othonotary J~-r-/ - ( '.]~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2776 Civil Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount, Co. PLAINTIFF(S) from Craig A. Paxton and Theresa L. Paxton, 140 Old State Road, Gardners, PA 17324 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ., ;:,;r,.i ).:(.;:~;: .r';; . j, ) ,.,:,'! GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of t"'e;,'defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee. you are directed to notny hirn/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,221.. 54 % L.L. Due Prothy Other Costs $.50 Interest from 7/7.6/00 Atty's Comm Atty Paid 51.00 $119.10 Plaintiff Paid Date: September 11, 2000 Curtis R. Long Prothonotary. Civil Division ~. AO~(7. 2. 7pmM-t. r Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad St., Suite 2080 philadelphia, PA 19109 Attorney for,: Plaintiff Telephone: 215-790-1010 Supreme Court 10 No. 16496 ,~lfm~~.l.'''''iIliiHf:l~_'''''''---' ,,-- ,:,""" lIIIilRilij~iI\'flf<:l'''~~I_' ' - ~~""= ,~"...," '-. ,r_', __ u,_ I. I j.....;. " *......."-...',' -~, ",. -.;"J-.;'-, REAL ES1A1E SALE No. 1/3 " on~ / y.;w7/'V the sheriff levied upon the d81endants Interest in the real property situated inoLflu.i,,-.:.-~rwa.l,o Cumberland County, Pa., known and numbered as: No eN,} J.1.Lt--L Yl.J~ and more fUlly J8scribed on Exhibit "A" filed with this writ and by this reference incorporated herein. Oate" .t~f.b J '.dnft> By: ;aL.: .Ji-~ ~e.:u-~ i " gjft ''''l,~' ,~ .r<_,< - ,,-...," ,,' ~. ~. - ',,'- ,- ~~~,~, > .' ~ c:;:a ~ ~, IiVi1 [ -=._~" ''''''''',. --~ -~~. -. .. ~ . .,.." ~~''''''- ~"~ " -~ .,- - j~ ",' '.. IN 'mE COURl' OF CXMDN PLEAS OF cumERLI\ND CXXJNTY, CIVIL DIVISION PENNSYLVANIA ~7?("" File No. 00-~6 c..V Amount Due $124,221.54 Interest from 7/26/00 CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON Atty's Corrm Costs TO THE PROTHONCYI'ARY OF THE SAID COURT: The undersigned hereby certifies that the below poes not arise out of a retail installrrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as arrended. PRAEX::IPE FOR EKECUTIOIif Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 140 Old State Road, Gardners, PA 17324 (~f'e Cltt-<AChFJ rlPS;UI"-h,,,,\ , -i N/A Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-narred garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty lis t ) . PRAECIPE FOR ATl'ACDlENl' EKEClJTION and all other property of the defendant(s) in the possession, custody or control of the said garnishee( s) . (Indicate) rndex this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 9/5/00 Signature: _ j'W'rvJ,,</o3 m (6t{'iC Print Name: Terrenc J. McCabe, Esq. 123 S. Broad St., Suite 2080 Address: Attorney for: Telephone: Fhila., FA 19109 Plaintiff (215) 790-1010 Supreme Court ID No.: 16496 '~I~~~I!i,~;OO>';IW!J:C".,!#,'__'H::,!.""'!lt'~~"fu'j;tili"""il'OI!k"~,MJi'\'l\O;~'''';'''''';"'''"'_''_' U".. _""o~~,",'''~~''h,it;:!/it.i;''!l'ffir ~r - - ~-~I' ~.- IilImn:U"i;Ii;"_""'i.:"-;W:~~l<!~""'" -.'>>'~ , ill ."'~. .Ii . ,"' Notes, If real property, supply six copies of description including irrproverrents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~.,-,-" >."" .., ~ ~, _, ..", .., ,_. 'co_ _. - ,I _ _ ~ I" -, < ", ~ - "-I. ,J, " '- , ,.~. .. " ~,' ALL that certain tract of land situate with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastem side of Township Road No. T -522, on the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots (erroneously referred to in prior deed as the dividing line between Lots No.5 and 7); thence by said dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West, a distance of 100.23 feet to a point on the dividing line between Lots Nos. 5 and 6 on said plan; thence along the latter, North 68 degrees 36 minutes West, a distance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the Place of BEGINNING. BEING Lot No.6 on the plan of lots knQwn as~Mt.View Heights as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, Page 59, and being improved with a one story dwelling and attached carport known as 140 Old State Road, Gardners, Pennsylvania 17324. UNDER AND SUBJECT to all acts of assembly, county and town $hip ordinances, rights of public utility and pubic _'rvice companies and existing restrictions and easements, visible or of record, to the extent that any persons or entitles have acquired legal rights thereto. Parcel # 08-40-2648-020 ,. ~~~rlIiIIlliiRjil;;IJ.~~~iiIllilllIlJillilll:tllllfnmWll~ri:il""'"~.l.I r' k~<';""" F\-~k.c"~"","',..~",~ '0:"- (.~ ,~,">""'~ ~ >"' ~' .', (:) '- ~ Vv ~ 'i T" fq ~ ..... .... '- :--. ..0 ....0 f' .... !0 If:. . , B & 0' D (1 g ..... 8 0 c::, e () C C c C:':) -, ...... ...... ~::'~ - \ ~ () \ ,,-' C-I) ~ I , \ I j , nl~--':: r-:l C> :Z'~r: '-'D , .... --.:J ~5 1-::-" () 0- f0 t ,.-,; r ,-, c: ,~ r- , '" '" r-, , ::: '-' , , '" ::: ._1>- ,_ )::I,. -~'t s~~..:' -,~ p-; ~-, C. ,. ~ ,-'-, - , , ~t "- .....j ..."", j -c ~9 ,._~ n-: '" , ~ , '" '-_/ .,.:::.. j;! :;! :.r, f..oJ :=a .'6f-:( -< '"'", , " - ~.. '-~~- ,.,,- --.,", .~- ",," r --I "_, -;- ,-' ,,,,--', '-I'-"~'~i_'il'j _"':;;""'-" ;-'-'-",,-. :;0.""-'_ '''"' V_":_hZ,,"-'-"_ 'I ... . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS ':<'77' NUMBER 00 22,6 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 140 Old State Road, Gardners, PA 17324, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: Name Address Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 . '-,'--'- ,. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(s) 140 Old State Road Gardners, PA 17324 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made ,~ .) .- I ;__2;1.," .~ "_n-.__' _ 'C ,C."', ,u;";;",".O:;, '__de, _,". . ,_'";_:."~,._". " ..~'. n_,<-. . -.~-- ..' subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Cj~5-00 d-OJl/lfl0<'i' (} /ll,r:.1€ TERRENCE J./McCABE, ESQUIRE Attorney for Plaintiff DATE ~" ~ ~ ...."" ~' . " ". ALL that certain tract of land situate with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern side of Township Road No. T -522, on the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots (erroneously referred to in prior deed as the dividing line between Lots No.5 and 7); thence by said dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West, a distance of 100.23 feet to a point on the dividing line between Lots Nos. 5 and 6 on said plan; thence along the latter, North 68 degrees 36 minutes West, a distance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the Place of BEGINNING. BEING Lot No.6 on the plan of lots known as Mt View Heights as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, Page 59, and being improved with a one story dwelling and attached carport known as 140 Old State Road, Gardners, Pennsylvania 17324. UNDER AND SUBJECT to all acts of assembly, county and township ordinances, rights of public utility and pubic service companies and existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel # 08-40-2648-020 , EXHlB\l "P\ ii~iiMd~'~~~lN~~~~t'ili'\O;,'iJ"~'i~~~"'" -, ~~ ~ ~ '~~ ;""'- C" . .... 0 c:; () C- O n ~c (/) ~, 6':; ,-~.' j-rl .-;.- ~~F: "J ~~, L. r-= 7: C ,-----;"l r.' - -) 0 ~~ r- ~:j C) 3S ~ 'I C~. '. ::::l / ] )0. e: / c, ~i C~ j fTl :n :-;~ -j :J:J -<" (...l -< -., -~" . "' _, "" , ,~h,' ,'-'. ,-,,"," ",-,:",,'- ,--",;.-. ' ,~ _ ': ~':;'c,~J':': :, _'" '-,""";""-,, .~ ,- ":'-', ~ <I ',<II .. 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 CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS :2 77' NUMBER 00-~6 CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 Your house (real estate) at 140 Old State Road, Gardners, PA 17324 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $124,221.54 obtained by Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1-" ',',__r ,._ ""-"~~,, ,d. " ~,_ ~, . -n-__ "," '~_,___n '-, _'. ,,i',. ;'tc:i.':":'\-_,;z.," ,,"--. '~~:o,~,',"c- -,;"L.';l{1 i 'I :1 Ii I' II . . ~ 1. The sale will be canceled if you pay to Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Januarv 5. 2001. This schedule will state who will be ,-'--'.'. '>,~---"",-,-,,,,,-~' "_ '",'" ,t- ;, '- ,',--",,- ..'Go''''''''-' ',_C,',;: _'_)__T'C.___'7-CC,,'-' receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Januarv 5. 2001. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 ;-^"',,-' '"':j I! fJ I! I! Ij , :1 k. tl II tl II il )1 II " :1 iI il n lJ II !I II II i II " 1.1 !I j] II " II II ii I! " 'I [I " 'I II II i 1 ! I I -, " - -".,. ".--" -<r.:.-~ '_" ,- _ , . " '^ ~j ALL that certain tract of land situate with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern side of Township Road No. T -522, on the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots (erroneously referred to in prior deed as the dividing line between Lots No.5 and 7)j thence by said dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West, a distance of 100.23 feet to a pODnt on the dividing line between Lots Nos. 5 and 6 on said plan; thence along the latter, North 68 degrees 36 minutes West, a distance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the Place of BEGINNING. BEING Lot No.6 on the plan of lots known as Mt View Heights as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, Page 59, and being improved with a one story dwelling and attached carport known as 140 Old State Road, Gardners, Pennsylvania 17324. UNDER AND SUBJECT to all acts of assembly, county and township ordinances, rights of public utility and pubic service companies and existing restrictions and easements, visible or of record, to the extent that any persons or entitles have acquired legal rights thereto. Parcel # 08-40-2648-020 , j~I~"~~'-"-":I!I1!SiiI~~l!iil!llillllliillii~'i'llf;lj~~1<!l; - r1''I1'' ~. ~~. ,-"~ ,~ .' ~" .':- ,> I , >~, l~ ~-.' -," ~."'-'<- ,'~ '" - .. ., ill ~~,-,,~< " ~"' ., "-. .-) .,. 0 <= (-, C 0 ,~,-, -'q 7 en -0[0 r'1 'Tj Gl r~, ~':;:1 Z :J:) ':=1 :Z~ , , co ...,.,' - -< ~~) ~~ c..~' ~;:c. -'--1 2: c -"" :-cc (c) ,-", > ....-c-:' 9? L,J i.' s,,::; .:;: L :J1 ---; :JJ -< (.) -< ~ "-, " -~ <=. - Z 214 571 379 009 us PoOiIaI Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse ntte \ \ Street & Number Pest Office, Stale, & ZIP Code Post Office, State, & ZIP Code Postage $ Postage Cerrlffed Fee Special Delivery Fee Restricted Delivery Fee :g ~ ff;.tum ReceIpt Showing to i: om & Date Delivered :t Re!um Receipt Showing to Wh _ Dale, & Addr",..~ Addmss om, S CO TOTAL Postage &Fe.. C>) E Poslmll/k or Dale ~ if $ Certified Fee Special Delivery Fee $ Restrlcted Delivery Fee '" m Return Receipt ShowIng 10 .... Whom & Date Delivered "g" Return Recelpt ShowIng to Whom, < Date, & Addressee's Address Q Q TOTAL Postage & Fa.. CO ('I') Postmark. or Dale e & ~ $ !li~~~iiII1l>jIUii!t'JT1;~_-,-~~I~li~'~lltlruflll!'ll!iiliOoo;;,a~\~!m;rili.,:i>.?-L"fflf'l!llimi'olil;;~r !'lL..., __, "-1_ ~..._~"~,>, _ .~ .J _ J. _"'-0,]',_, Jh;\ , " I.il.iiaa- '-I' ----""-I"" ...-.....,..........-"'.~ 1 ~ ~ () a 7) ~ C 0 0 ~ s: ""11 tt:. "Drn :x ._~ I'r~ 0 nlrn :r~ :1;;::n 6 Z~1J -< r'ltr,_ 9 () . zr- I Tf;J ...0 ...... ~ cnd:."" ...- ~...:;.~ ~ _< ,7 -'" 0"- ~ () ~C] -0 -I!?, { I ~o ::!!: E5::n -t:: ~CI --7('"> l' -....c:: ~ r jo'C r;;> om .......:J Z ':Jl ~ --I -< <=> -< J - " . - ,,.;.'- ,-, '~'"; . - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Id$ntification Number 16496 Fi~st 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 CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-2276 CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 Your house (real estate) at 140 Old State Road, Gardners, PA 17324 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December 6, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $124,221.54 obtained by Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE d'IiHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Januarv 5. 2001. This schedule will state who will be - L<'; '- ,= . . rece1v1ng that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Januarv 5. 2001. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~~ , _"0 ,,' ~,,' -~ '''''' .........,~ L, '" " . . ALL that certain tract of land situate with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern side of Township Road No. T -522, on the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots (erroneously referred to in prior deed as the dividing line between Lots No.5 and 7); thence by said dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West, a distance of 100.23 feet to a point on the dividing line between Lots Nos. 5 and 6 on said plan; thence along the latter, North 68 degrees 36 minutes West, a distance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the Place of BEGINNING. BEING Lot No.6 on the plan of lots known as Mt. View Heights as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, Page 59, and being improved with a one story dwelling and attached carport known as 140 Old State Road, Gardners, Pennsylvania 17324. UNDER AND SUBJECT to all acts of assembly, county and township ordinances, rights of public utility and pubic service companies and existing restrictions and . easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Parcel # 08-40-2648-020 " J........., . 'J[-~ ; U - ~. ,,~,,;O"";'~"~ REAL ESTATE SALE NO. 43 Wtit No. 2000-2276 CivU Conseco FInance Consumer Discount Company f/k/a Green Tree Consumer Discount Co. vs. Craig A. Paxton and Theresa L. Paxton Atty: Terrence J. McCabe ALL that certain tract ofland situ- ate with the improvements thereon situate in Dickinson Township. Cumberland County. Pennsylvania, bounded and descrtbed as follows: BEGINNING at a point on the eastern side of Township Road No. T-522, on the dividing line between Lots Nos. 6 and 7 on the hereinaf- ter mentioned plan of lots (errone- ously referred to in prtor deed as the dividing J1ne between Lots No. 5 and 7); thence by said d1v1ding J1ne, South 68 degrees 36 m1nutes East a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West a distance of 100.23 feet to a point on the diViding J1ne between Lots Nos', 5 and 6 on said plan; thence along the latter, North 68 degrees 36 m1nutes West a dis- tance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a dis- tance of IDo.oo feet to a point the Place of BEGINNING. BEING Lot No. 6 on the plan of lots known as Mt. View Heights as recorded in the Office of the Re- corder of Deeds for Cumberland County, Pennsylvania, in Plan Book II, Page 59. and being improved with a one story dwelling and at- tached carport known as 140 Old State Road. Gardners. Pennsylva- nia 17324. UNDER AND SUBJECT to all acts of assembly, county and town- ship ordinances. rights of public utUity and pubic service companies and eKfstlng restrictions and ease- ments. visible or of record. to the extent that any persons or- entities have acquired legal tights thereto. Parcel #08-40-2648-020 ,~"~,...' -" "-. kilj'rlii!~i-:&", . . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough .of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: OCTOBER 27, NOVEMBER 3, 10,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L - Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 NOT"Rt"t.$E L" LOIS E. SNYDER. NoIory Public Corlitl. Iloro, Cumberlancl" CountY. p" My CommiHion Expires March' 5. 2001 ~6;m-'-tbe l~-gn~y.n;;f~~-asifi.- =a5- reco;dt.>d in the Office of the ~""<illlc,,~~~~C,",,,,"]and_,(oun~; II1nJ'l'l:-!li>'i~lI.!fn",q9 '"4 bcin~ : .~i{:~:;~~~~~;o , bl' ~O!,ll)!y )Ylst tQvro~hjp ordinances, -~,~}!J~ ~~_~_&~~1el;r~i~~]{~~]~~= .~<:.,'" 9.. '!lR\,n<Ulli'~*!~ erso.ns o"r etiWti~l1<l~'_~ aC~llirl;'d 'tberdo. :JG,li&:-QiIi. -", - ~~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ali have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions Which appeared on the 31 st day of October and the 7th and 14th day(s) ot November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in ~cellaneous Book "M", V;I~:~I~:~~~:' ...............................tz.......................................................... COpy Sworn to and subscribed before m is 1st day of Decem er 2000 A.D. SALE #43 NOlarial Saar Teny,L. Russell, Notary Public Hamsburg, Dauphin County My Commission Expires June 6, 2002 Mambar, Pannsylvanla Associalion 01 Notaries NOTARY PUBLIC Y commission expires .June .6, 2002 . CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 215.10 1.50 216.60 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... c'-- ;,' 4' ~ """' , ,,',' " STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robwet P Ziegler ~ ------__~_____________________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ___n___________ Conseco Fin C D C fka Green Tree C D C ----------------------.-c----------------------------------------------------------- ~thegrantee 6th the same having been sold to said grantee on the ______________________n________________n_____ day of Dec 2000 _n_____________________.____________n_ A. D" ___n' under and by virtue of a wriL_n_n_______ Execution 11th ________________ __________..._.__ ___._ .____ ___ _ _ issued on the ___________ _ n__ ______._ _. n ______ __. Sept day of ____._______._.__._______. A. D., 2000 . __., out of the Court of Cornman Pleas of smd County as of Civil 2000 ________________...___'-_________.,._______ ___ __ ___ __ ____ _____ __ _____ __ ________ __ __ __ _ Term, Number _l.:nfL___._., at the suit of m_.___~~!'~.<:.~~_E'_i.,,_~_.Q_~__~~~_~E~~!'__'!::=:__~.P__~___n.__. Craig A Paxton & Theresa L ________________...__________________against____________________________________________________ 5 . duly recorded in Sherifrs Deed Book No. ____.2.~~_.__, Page __________~?2 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .__~f:.~_ day of ____~------m- A. D., m.::':1-_~.f -~~~-;;n.;;. Recorder 01 Deed.. Cumberland County. Ca~isle. PA My Commission EKpires the Filii Monda1 01 Jan. 2002 iU"~h'-, - ~ ",~- r :," ~ Conseco Finance Consumer Discount Company F/k/a Green Tree Consumer Discount Co. -vs- Craig A. Paxton and Theresa L. Paxton In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2776 Civil Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on October II, 2000 at 7:19 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Craig A. Paxton, by making known unto Judy Paxton, Mother at 4 Half Mile Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies ofthe same. Patricia Shatto, Deputy Sheriff, who being duly sworn according to law, says on October II, 2000 at 12:10 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Theresa L.Paxton by making known unto Theresa Paxton at Sheriff's Office Court House, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Trevor Kent Deputy Sheriff who being duly sworn according to law, says on October 10,2000 at 5:33 o'clock P,M. he posted a copy of Real Estate Writ Notice Poster an Description in the above entitled action upon the property of Craig Paxton and Theresa Paxton located at 104 Old State Road, Gardners Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: the Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Craig Paxton by regular mail to his last known address 4 Half Mile Road, Gardners, PA. This letter was mailed under the date of October 12, 2000 and never returned to the Sheriff's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants sot wit: Theresa Paxton by regular mail to her last known address 485 Petersburg Road, Carlisle, P A. This letter was mailed under the date of October 16, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock A.M. EST and sold the same to James Flower Jr. for Conseco Finance Consumer Discount Company et al for the sum of $ 1.00. It being the highest bid and best price quoted for the same Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company of 7360 Kyrene Road, Tempe, AZ being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 759.14 it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer 30.00 14.89 15.00 15.00 30.00 10.00 '-" '--~'=-" - -~ ~"' "_.~ ,-, --,1 . Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed .50 1.00 12.40 .80 15.00 30.00 293.30 216.60 23.15 25.00 26.50 $ 759.14 Pd By Atty 12-19-00 Sworn and Subscribed To Before Me This Jq'!:- DaYO~Ju"j 2000,A.D. ~a~.~ Pro onotary ~~ R. Thomas Kline, Sheriff ByJ1j;;~~lt Real Estate Deputy . -;,-, ~~ 3 ~ ,()O ,tlD . 3160l." ~ {&U, /otSIO ..... -. , - - , ' - -~......... "~':,-, ....f . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-2276 CV AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 140 Old State Road, Gardners, PA 17324, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L, Paxton 485 Petersburg Road Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: Name Address Craig A. Paxton 140 Old State Road Gardners, PA 17324 Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 , ' . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Occupant(s) 140 Old State Road Gardners, PA 17324 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made , " subject to the penalties of l8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~. "'j I).. () 0 I /1 ./..... " \ ).i,,--'.)'~'''-ri! ;.....,."...-~,: ,(p /,.,;I/___-{...~;.I-' TERRENCEJ:/McCABE, ESQUIRE Attorney for Plaintiff DATE .. ~~ " ' -. ----, ",',-- ,,' --,- ,;.", bl . ) '\, ". , ' ALL that certain tract of land situate with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastem side of Township Road No. T -522, on the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots (erroneously referred to in prior deed as the dividing line between Lots No.5 and 7); thence by said dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; thence South 25 degrees 16 minutes West, a distance of 100.23 feet to a point on the dividing line between Lots Nos. 5 and 6 on said plan; thence along the latter, North 68 degrees 36 minutes West, a distance of 170.86 feet to a point on the eastern side of said township road; thence along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the Place of BEGINNING. BEING Lot No.6 on the plan of lots known as Mt. View Heights as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, Page 59, and being improved with a one story dwelling and attached carport known as 140 Old State Road, Gardners, Pennsylvania 17324. UNDER AND SUBJECT to all acts of assembly, county and township ordinances, rights of public utility and pubic service companies and existing restrictions and easements, visible or of record, to the extent that any persons or entitles have acquired legal rights thereto. Parcel # 08-40-2648-020 ," EXHlBlT Up\, ,1 '. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Craig A. Paxton 485 Petersburg Road Boiling Springs, PA 17007 CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS .)77t, NUMBER OO-'~ CV NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215l 790-1010. -''''~'', .~ " "" ~-~ ,~"~~, , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Theresa L. Paxton 485 Petersburg Road Boiling Springs, PA 17007 CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS ;;r17(; NUMBER 00 .2~)6 CV NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. I-'i-~Q.~~~~~ ~ 1 ", I "~ "'-I'~""'~ ...,.,.. -=,~.' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-2276 CV ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 5/3/00-7/25/00 TOTAL TERRENCE Attorney $121,906.67 $ 2.314.87 $124,221.54 0/0 L- J. McCABE, ESQUIRE for Plaintiff AND NOW, this ;;7+~ day of .Jul, , 2000, Judgment is entered in favor of Plaintiff, Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Co. and against Defendant, Craig A. Paxton and Theresa L. Paxton, and damages are assessed in the amount of $124,221.54, plus interest and costs. BY THE PROTHONOTARY: IS! (L-h.) ~~ "\4-_~~_t"N .~ ". ~ ~.~, "~r ~ ,~.~,~ '"~ r"''"~ ... "'~~ . ""'''''~ McCABE, WEISBERG AND CONWAY, P. C . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-2276 CV AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Craig A. Paxton and Theresa L. Paxton, are over eighteen (18) years of age, and reside at 485 Petersburg Road, Boiling Springs, PA 17007. SWORN TO AND SUBSCRIBED BEFORE ME THIS J.5'f41DAY OF , 2000. UilC TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff NOTARIAL SEAL GLORIA D MITCHELL, Notary Public City of Philadelphia, Phila, County MY_~~slon Expires June 2, 2003 ;., -, ',~ ....,;*, "r~~_",_r ~ ._, < .~.~ ~. -, , .., '"-11~ . .. .~~.. ~~~ . ,~=. . ' _..-..~.~~, y--~~' , McCABE, WEISBERG AND CONWAY, P. C . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY f/k/a GREEN TREE CONSUMER DISCOUNT CO. v. CRAIG A. PAXTON and THERESA L. PAXTON CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-2276 CV CERTIFICATION Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME THIS dSt'1 DAY ~ 0--- TERREN J. McCABE, ESQUIRE Attorney for Plaintiff 0uL'I Jj . D . . .)tu.L " 'hie OIARYPUBLIC ~ . NOTARIAL SEAL GLORIA D. MITCHELL N . Cily oJ Phila'delphia, Phil~taC'o~~bIiC My ~O~ISSIOn Expires June 2, 2~03 OF , 2000. ''<''!!\IWlII!f!!O'ill'!_ "~~~ _.~ _ " -, ,....,- "~ "l" ~I ~~, ,'~ , ~,"',"~,~~,'- VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. a {/! ?---- TERRENCE J. McCABE, ESQUIRE " - - " . .~~,-"" - T -.. ~~~""~ ~ -"1.__ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary July 10, 2000 TO: Theresa L, Paxton 485 Petersburg Road Boiling Springs, PA 17007 CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A GREEN TREE CONSUMER DISCOUNT CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS v, Craig A. Paxton and Theresa L, Paxton NUMBER 00-2776 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a Lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Usted se encuentra en estado de rebeldia par no haber presentado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado par escrito con este Tribunal sus defensas U objeciones alas reclamos formulados en contra suyo. Al no tamar la accion debida dentro de diez (10) dies de la fecha de est a notificacion, el Tribunal padra, sin necesidad de comparecer usted en corte u oir preuba alguns, dietar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado -inmediatamente. Si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o llarne par telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator Cumberland County Courthouse Carl;sla, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call, at Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C.,., First Union Building \ p" ','. · 123 South Broad Street, Suite 2080~ ~ "~ Philadelphia, Pennsylvania 19109~ this telephone numb.e:' (2~5 ~\ "~'" ~\ 'y;. " TJM/gm ~.~,,'- "~ ''''_l\~~\~~! ~~-~ ~,..,,""" ~ ~~ ~"~ -. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary July 10, 2000 To: Craig A. Paxton 140 Old State Road Gardners, PA 17324 CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A GREEN TREE CONSUMER DISCOUNT CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Craig A, Paxton and Theresa L. Paxton NUMBER 00-2776 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personaLly or by attorney and fiLe in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Usted se encuentra en estado de rebeldia par no haber presentado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas U objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de est'a notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba a~guna, dictar sentencia en su contra y ust~ podria perder bienes U otros derechos importantes. Debe llevar esta notificacion ,a un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o llame por tetefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator Cumberland County Courthouse Carlisle. PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: at Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 <hi, "'ophoo. n_=~~~\~" TJM/gm -~'" .'.,,""'"!'I'i ,.1....,1 " ')~ ~ "".,",~" ,. ~'~:ti<.._-,L". ..8 I.. -. "I' ..". ,- "~ . _ .. "",- """," ".,LJ ft' " >-- C,C :'-.: I":':: Ci c> w": , t-- ,,-',I ,.. ~::.~ f-' ('''-,j ==-! ~:J~~ i -... ~~~? d Cl o "",.,,;,:."H', , ". ,"'''' "~,...".;:,,...",,;' ,,;,,"'.C' t- ~ 8 0:- ~ rQ ..... 0.. ~ ~ ~ ~ --.) ,~ --.:J -' ~nl ~ J ~~ " . "","'.,, .' ..c', . ....,... "" I