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Home My WebLink About00-03316 ~ i' ;, t , - - ''''';',;1 , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cynthia L. Failor 525 Mount Rock Road Newville, PA 17241 CONSECO FINANCE CONSUMER DISCOUNT COMPANYr f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-3316 STEVEN A. FAILOR and CYNTHIA L. FAILOR 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. ~~- "~,~C, ].:, , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSEr CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Steven A. Failor 525 Mount Rock Road Newville, PA 17241 CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-3316 STEVEN A. FAILOR and CYNTHIA L. FAILOR NOTIC~ 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'~tli -~~-~.~ ~ ~ .~ ~~ '" > , ~. '~'1il,; McCABE, WEISBERG AND CONWAY, P. C. :BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Streetr Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-3316 STEVEN A. FAILOR and CYNTHIA L. FAILOR ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from TOTAL $237,902.17 5/23/00-7/19/00 $ 4.248.78 (;(2,150.95 /(/L - TERRENCE J. McCABEr ESQUIRE Attorney for Plaintiff AND NOW, this day of , 2000, Judgment is entered in favor of Plaintiffr Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, and against Defendantsr Steven A. Failor and Cynthia L. Failorr and damages are assessed in the amount of $242,150.95, plus interest and costs. BY THE PROTHONOTARY: N fL-:h) de;--- =-=~ ~ ~ -- . --, ..~- - ~-',,, McCABE, WEISBERG AND CONWAY r P. C. : BY: TERRENCE J. McCABE r ESQUIRE Identification Number 16496 First Union Building 123 South Broad Streetr Suite 2080 Philadelphiar PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANYr f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-3316 STEVEN A. FAILOR and CYNTHIA L. FAILOR 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, Steven A. Failor and Cynthia L. Failor, are over eighteen (18) years of age, and reside at 525 Mount Rock Road, Newville, PA 17241. SWORN TO AND SUBSCRIBED BEFORE ME THIS 19~ DAY OF ~ r 2000. Cl. C(/(f <- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff NO OTARIAL SEAl. "illAcv A. RIFF. Notary Public M ~Coof l"hHadelphla, Phlla. County . mml.slon Ex . ire. Oct. 23, 2000 - " .. , ',- ~ - -~~hi!11L:, McCABE r WEISBERG AND CONWAY r P. C. : BY: TERRENCE J. McCABE r ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphiar PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANr, f/k/a GREEN TREE CONSUMBR DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NUMBER 2000-3316 STEVEN A. FAILOR and CYNTHIA L. FAILOR CERTIFICATION Terrence J. McCabe, Esquirer 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 letter are attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME THIS lof\t1 DAr OF~ r 2000. NO~Y~&~ 9-0 'mAc~OTAR'Al SEAL ()jy. of "hlt~IFF, Notary PUblic MvComml..ion lh1~, Phi/a, Counly . lCJ1/1'E1. Oct, 23, 2000 ~e(~ TERREN J. c ABE, ESQUIRE Attorney for Plaintiff i~'== " u,i- , VERIFICATION The undersignedr TERRENCE J. McCABE, ESQUIREr 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 knowledger 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. U Ci "--- TERRENCE J. McCABEr ESQUIRE ~ - " " ~ .~~ r' _ "'\;, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Steven A. Failor 525 Mount Rock Road Newville, PA 17241 June 22, 2000 Conseco Finance Consumer Discount : Company, f/k/a Green Tree Consumer: Discount Company v. Steven A Failor and Cynthia L. Failor CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 2000-03316 P NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and fi le in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the fOllowing office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240.6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber present ado 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 esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dieter 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 llame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad StreEI1Me J~ Philadelphia, penns' a . . IT this telephone numbe ) 01 at TJM/kh '~' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSEr CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary June 22, 2000 To: Cynthia L. Failor 525 Mount Rock Road Newville, PA 17241 Conseco Finance Consumer Discount : Company, f/k/a Green Tree Consumer: Discount Company v. Steven A Failor and Cynthia L. Failor CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 2000-03316 P 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 5e encuentra en estado de rebeldia por no haber present ado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones alas reclamos formulados en contra suyo. Al no tamar la accion debida dentro de diez (10) dias de La fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba aLguns, dietar sentencia en su contra y usted podria perder bienes U otros derechos importantes. Debe lLevar esta notificacion a un abogado inmediatamente. 5i usted no tiene sbogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona o lLame por telefono a La oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carl isle, 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: TJM/kh Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 at t:i~il::le;::o~~ :=eEXH9t&lf '~~ -. L' ~-. "lK"l ,~ .J. '~"j"'";t~iilili;~>ilii::toIlWW~~,"'Ii&->>;"'~'~lW,;;"',"",;-'~~"'''~li<~.mMJiUJ_ - r -'.m*__~~~~_ W.l~p'~ " "j ~ ?0 n -iq jt:. ~ ...0 . 8 0 (::) r -- c C) ~ 10 :;:~ '-- o ~ -ot~, 1:"-= .-_. () nlr:i , ;'1 3 1) :;::.: ='~.; r'-' r;. ~ :;s.C'- ~:;-,;,;. T< ~ p::: .,~~ :' Qr i~- -'~ -.....:J ~ ..--'" ,- -C'"'- , r'---. ~ cs:-i; f-: Pc .\ ~~ :.) 5) J:- -< UI -< .--~'- .- ._ - __ <-.1. ~~"".-__ ~ ~__ ._, ~~" . -~,~ r . SHERIFF'S RETURN REGULAR t CASE NO: 2000-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS FAILOR STEVEN A ET AL BRIAN BARRICK "-~ "y-" , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT FAILOR STEVEN A was served upon the , 2000 DEFENDANT , at 0015:00 HOURS, on the 1st day of June at 525 MOUNT ROCK ROAD NEWVILLE, PA 17241 CYNTHIA FAILOR (WIFE) by handing to a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.96 .00 10.00 .00 32.96 Sworn and Subscribed to before me this "7 e::. day of ~ A.D. r thoEt~ ~i;L-J.'~ - - So Ans:~7 ~ ~~,N...-t:.("'~~ R. Thomas Kline 06/02/2000 TERRANCE J. AAf/I,~ . Deputy Sheriff By: - , l!J" ~ .~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03316 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS FAILOR STEVEN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT IN was served upon FAILOR CYNTHIA L the DEFENDANT at 0015:00 HOURS, on the 1st day of June 2000 at 525 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to CYNTHIA FAILOR a true and attested copy of NOTICE & COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: //.d ~~~'.c~t R. Thomas Kline 06/02/2000 TERRANCE J. Sworn and Subscribed to before By: M7/JiJ iii. me this 7 tt::: day of q{,:,-,--, ;ltrV'D A. D . q ".. f) 7/A((i. .~ ~othonotary v Deputy Sheriff '!!II ,:;";-i;" , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Failor Rock Road PA 17241 Steven A. 525 Mount Newville, and Cynthia L. Failor 525 Mount Rock Road Newville, PA 17241 ':'_0" Attorney for Plaintiff Cumberland County Court of Common Pleas I II I" I ~ I I I ! ~I ~I t " I ! G<JlfT~1 l-i 11 \1 ~1 I I, ~ 'I , Number 00- d3f(p CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued 1n court. If you wish to defend against the claims stet 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 personalty or by attorney and filing in writing with the court your defenses or objectiol'1s to the claims set forth against you. You are warned that if you faiL to do so the case may proce~d without you and a judgment may be entered aga; n~t you by the court without further notice for any money claimed in the complaint or for ahy other claim or relief requested by the plai~tiff. 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 HA VB 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 Carl isle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex-puestas en Las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y ent-regar a la corte en forma escrita sus defensas 0 sus objeciones a Las 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 requ.iere que usted cumpla con todas Las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u atras derechos importantes para usted. LLEVB ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO TIENE ABOGADO 0 SINO TIENE ELDINERO SUFICIENTEDEP AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -,'. ~'" '. -"'F,'--. - ~ ~ -" '-, ,~ ,,', ' ,"; ,-'-,'-" ~ ~ -.,~,>--<",-' '~"_.-. ,'-:;"""',.,';-' " .,,-',' "~ -- ~-,-~,-,'';~,--j~,;",---",,- iLl !l' j;i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff ii !': 1'1 1i Ii I:! I,; ii Ii i , Conseco Finance Consumer Discount Company, flkla Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas , , r: Ii II I: v. Steven A. Failor 525 Mount Rock Road Newville, PA 17241 and Cynthia L. Failor 525 Mount Rock Road Newville, PA 17241 Number , , t.~ i.-i , ii i-: i, I"~ I: I' I': !-j i,1 ., II CIVIL ACTION/MORTGAGE FORECLOSURE ':i I' II Ii -:i ! 1. Plaintiff is Conseco Finance Consumer Discount Company, flkl a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Steven A. Failor, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 525 Mount Rock Road, Newville, PA 17241. 3. The Defendant is Cynthia L. Failor, who is one of the mortgagors and real owners of the mortgaged property hereinafter . ~,'" -,' -__'-'d-~."' , ., -'",'"' ,'--C_ ',,- "0_ _~ ,;;"~, "._,' ^. ,_..; . - ,,_ ,'~.,,)., ~,,~ __, ,_,' ;-~<,,_;_';'~.':""l":'\~:';i _'_'0 ,-_ ~'''' ".,',' described, and her last-known address is 525 Mount Rock Road, Newville, PA 17241. 4. On November 27, 1998, 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 1502, Page 822. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 525 Mount Rock Road, Newville, PA 17241. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January, 2000 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 12/02/99 through OS/22/00 (Plus $74.54 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $199,320.60 $ 12,820.88 $ 9,966.03 $ 1,740.52 $ 50.00 $13,454.14 $ 225.00 $ 125.00 S 200.00 $237,902.17 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be '--";:"",. .-xil,.-- -.iL. _ "_'~ ,',_ "~I ., ,,"~ ;;.v, _"';j.,,, ',' _..,,,,,,,~_.__,=,~._,,. _ .., - ~'", collected in the event of a third party purchaser at Sheriff's 11 I' I I: I Ii Sale. If the mortgage is reinstated prior to the Sale, reasonable r; \; " i; attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the f' ;:; WHEREFORE, Plaintiff demands Judgment against the Defendants I., r I 1 1 i f: true and correct copies of such notices attached hereto as Exhibit liB. " in the sum of $237,902.17, together with interest at the rate of $74.54 per diem and other costs and charges collectible under the !; mortgage and for the foreclosure and sale of the mortgage property. ~j 4: V;;IL~ &ilu TERRENCE . McCABE, ESQUIRE Attorney for Plaintiff ce."," .0' '<'-~,,, ' ,-,' .'';'''; -- ,','-'- _,c:,~' _= )..',; ~ "~ .:~'"' 'hj,';,~,~,~~ ~"'-_"d,""_ ",,-'-,' Jd;'~"{.. ,4_"_ VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. !il4904 relating to unsworn falsification to authorities. ~MJA/~~ rruf!-&/;.{ TERRENCE J. MCCABE ~'-,~';-. _ ._~ i, __',' _-"" ,- _. _" ..,,,,,~_;, lJ LjlTSY ~XHIB'T 'w.~ .,,~ Space Above This Lint For Recording Dot. OPEN END MORTGAGE l'ppli"..ion # 9807225520 ~ Lean # 6901444763 This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instroment) is ....~?~!:~.7.~,?~!....~.~.~~....... and the parties, their addresses and tax identification nUmbers, if required, are as follows: Commo.weallh of PfIlI1S.Ylvania MORTGAGOR: Steven A Failor and Cynthia L Failor HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES o If checked.. refer to the auached Addendum incOlporated herein, for additional Mortgagors. tb,eir signatures and acknowledgments. LENDER: . Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hillr Pennsylvania 17011 .' 2. CONVEYANCE, For good and valnab1e consideration, the receipt and sufficiency of which is acknowle.djed. ll!Jl! to' secure the Secured Debt (defined below) and Mortgagor's perfoIlllllllCe under this Security Instrument, MOJ;tgalt$g~j,;. bargains, conveys and mortgages to Lender the following described property: ' .' '. 0 :;::; i~; .'" , . 0 . 0 :. rn' .~,,,"'" :.! See Exhibit A '? :.iJ ':? ;:; , ~ ~ ~ N _0' o:.:J :~ -0 (") ~ ~_.; ::3 0 ".. c:: c'- N z r~\~ -4~: f"f\ .. ...< - -~J .- I (fl- en _ . . cumberland . ". The property IS located In .,..,.....................,......_..., .........,...._....,........-.... at .......................,.........""........... (Cnnntv) . 17241 .... ....... .......",. ........ ...._..... ............ ......., ....., ..._......., .......... ......... ...... ........ PennsyIvama .... ..................... (AddlCSS) (City) (ZIP Code) Together with all rights, easements, appurtenances. royalties. mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future. be part of the real eslate described above (all referred to as "Propeny"). 3. MAXIMUM oBLlq~d~m~~. The total principal.~ou~t ~ecured by this Security ~truto~t at anyone time shall not exceed $ .................................................,.. . This llIILllaUon of amount does not IIlclude lnteJ'est and other fees and charges validly made pursuant to this Security Instrument. Also. this limitation does not apply to advances made under the teIUIS of this Security InstrUmem to protect Lender's seCurity and to perform 'any of the covenants COIllaiiled in this Security Instrutoent. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incUIred under the terms of all promissory note(s). conttact(s), guaranty(s) or other evidence of debt described below and all their extensions. renewals, modifications or substitutions. (When referencing the debts below it is suggesred tJuJt you include itellls such as borrowers' names, note amoWlts, imerest rates, maturity dates, etc.) Note dated November 27, 1996, between Green Tree Consumer Discount Company and Steven A Failor. Cynthia L Failor, for $200,000.00, maturing December 2, 2023. PENNSYLVANIA - MORTGAGE (NOT FOR fNMA. fHLMC. FHA OR VA. USE) BODK 1502 ....o~ (g;1994 6ank~s Sl':Iterns, Ir'le., St. elM. MN H_aOO.397.2341l Form RE-M1a.PA '2/19/94 . PAGE b~" Form 10 #111184 /' D L: (page 1 of 6) .r--?d' 'r: C'IY . f. ,~ = ,-" . "--.-' ,-<< -,". ~ . '-.-" B. All future advances from Lender to Mongagor or other future obligations of Mongagor to Lender under any promissory note, contract, guaranty. or other evidence of debt executed by Mongagor in favllr of Lender executed after this Security Instrument whether or oot this Security Instrument is specifically referenced. If more than one person signs wis 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 oibers. All future advances JIJld other future obligations are secured by this Security IDSI11Iment even !bough all or part lnay zwt yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security instrUment shall constitute a commitment to make additiooal or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise. to tile extent oot 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 PIopeny and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument willoot secure any other debt if Lender fails to give any required notice of the right of rescission. S. PA.YMENTS. Mortgagor agrees that all payments under the Secured Debt wilI be paid when due and in accordance witll the terms of tile Secured Debt and this Security Instrument. 6. W A.RRANTY OF TITLE. Mongagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by tIlis Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencUmbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mongage, deed of trust. security agreement or other lien document that created a prior securiry interest or encumbrance on the Property, Mongago~agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder, C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document wiwout Lender's prior written consent. 8. CLAIMS AGAINST TITLE, Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating 10 the Propeny when due. Lender may require Mongagor to provide to Lender copies of all notices that such' amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title 10 the Property against any claims that would impair the lien of this Security IlIStrUment. Mongagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mongagor may have against parties who supply labor or materials 10 maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Propeny. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable_ This coveoant shall run with the Property and shall remain in effect until the Secured Debt is paid in fulI and this Security 11IStrUment is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSI'ECTlON. Mongagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall nOI commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mongagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mllngagor will not permit any change in any license, restrictive coveoant or easement without Lender's prior written consent. Mongagor wilI notify Lender of all demands, proceedings, claims and actions against Mongagor, and of any loss or damage!O the Property. S1994 B-llnke" Systems, In<:.. St. Cloud, MN 11.80()..3~7.23411 !;)rm RE.MTG.PA 12/l9/94 ,BOOK1502,AGE ~23 C L1r (Paga 2 of 51 ".,m {' IF, c..." -..; -.:-= .",. - '0 ~ -~"-~ ~,. ,,= --,,~ p ,'-- -.-.,.&.-,,- Co(, '~\"-' ; ',. Lender Or Lender's agen~ may, at Lender's option, enter lhe Property at any reasonable time for the purpose of inspecting the Property. Lender shall gIve Mortgagor ootice at the time of or before' an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefir and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor :fails to perform any duty Or any of lbe covenants contained in this Security Instrument, Lender may. without notice. perform or cause them to be perfonned. Mortgagor appoints Lender as attorney in fact 10 sign Mortgagor's name or pay any amount necessary for performance. Lender's right 10 perform for Mortgagor shall not create an obligation to perfollD, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discllntinued or not carried on in a reasonable manner, Lender may take all sleps necessary to protect Lender's security interest in the Prtlperty, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, 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 Prtlperty, including any extensions, renewals, modifications or substitutions. of such agreements (all referred to as 'Leases') and rents, issues and profits (all referred 10 as 'Rents'). Mprtgagor will promptly provide Lendcr wilb true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that !his assignment is immediately effective between !he parties 10 this Security Instrument and effective as to third parties on !he recording of this Security InsltUD1ent, and this assiglllD.ent will remain effective until !he Obligations are satisfied, Mortgagor agrees that Lender is entitled 10 notify Mortgagor or Mortgagor's tenants to make payments of Rents due or 10 become due direcdy to Lender after such recording, however Lender agrees not 10 notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default aud demands that Mortgagor and Mongagor's tellllI\ts 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 truSl for. Lender and will not commingle !he Rents with any other funds. Any amounts collected will be applied as provided in' this Secu.;ry Instrument. Mortgagllr warrants that no default exists under !he Leases or any applicable landlord/tenant law. Mongagor also agrees 10 maintain and require any tenant to comply wi!h the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply wi!h the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a nnit in a condominium or a pIaDned unit development, Mortgagor will perform all of Mongagor's duties under !he covenants, by-laws, or regulalions of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on !he Secured Debt fails to make payment wben due. Mortgagor will ,be in default if a breach occurs under !he terms of !his Security Instrumenl or any other document ,eJl:ecuted for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lemler that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also cllnstitute an event of default. ' 15. REMEDmS ON DEFAULT. In sonie instances, federal and state law will require Lender 10 provide Mortgagor with notice of !he right to cure or other notices and may establish time sche(luIes for foreclosure actions. Subject to these limitations, if any, Lemler may accelerate the Secured Debt and foreclose this Security Instnunent in a manner provided by law if Mortgagor is in default. ' At !he option of Lender, all or any part of !he agreed fees and charges, accrued interest and principal shall become immediately due and payable. after giving nodce if required by law, upon the occurrence of a defaulr or anytime thereafter. In addition, Lemler shall be entitled to all !he remedies provided by law, the terms of !he Secured Debt, this Security InsltUD1ent and any related documents. All remedies are distinct, cumulative and nOI exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any S\Wl in payment or partial payment on the Secured Debt after !he balance is due or is accelerated or after foreclo''IIre proceedings are filed shall DOt constitute a waiver of Lender's right to require complete cure of any existing defaull. By not exercising any renledy on Mortgagor's default, Lender does not waive Lender's right to later consider !he event a default if it continues or happens again. r r !p.g. 3, "J-61 :1:)'994 Bank~", SY$1ems. Ir.c., St. Cloud. MN 11-800.391-2)411 fOlmf'.E-MTQ.PA 12/19/94 ,s~oK1502 'AGE 824 /.-ItJ;,. l\,y:::,. ~.~ ~.~ '-'-", "'.- , ~ , ,-""," " k,o' ."," ~- 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law. Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at lbe highest interest rate in effect as provided in !he terms of !he Secured Debt. Mortgagor agrees to pay all COsts and ex.penses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released, Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U,S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, coun orders. attorney general opinions or interpretive letters concerning !he public heal!h, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous Jllllterial, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to !he public heal!h, safety, welfare or environment. The term includes. without limitation. any substances defined as "bazardous material," "loxic substances," "hazardous waste" or "hazardous substance" under any Environmental law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknrlwledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property, B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been. are, and shall remain in full complianCe wi!h any applicable Eitvironmentallaw. C. Mortg"llor shall immediately notify Lender if a release or threatened release of a HjlZatdous SubstanCe occurs on, under or about the Property or !here is a violation of any Environmental Law concerniJ!g the Property, In such an event, Mongagor shall take all necess:uy remedial action in accordance with any Envirorunentallaw. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or !hreatened investigation, claiin. or proceeding relating to the release or threatened release of any Hazardous Substance or !he vitllation of any Environmental Law. 18. CONDEMNATION, Mongagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of !he Property through condemnation. eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mongagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of truSt. security agreement or other lien document. 19. JNSURANCE, Mortgagor shall keep .Property insured against loss by tire, flood, theft and other bazards and risks reasonably associated with the Property due to itS type and location. This insurance shall be maintained in !he amounts and for the periods !hat Lender requires. The insurance carrier providing !he insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mongagor fails to maintain !he coverage described above, Lender may, at Lender's option, obtain ctlverage to protect Lender's rights in !he Propeny according to !he terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mtlrtgage clause" and, where applicable, "loss payee clause." Mongagor shall inun~diarely notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall inunediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mongagor. Q1a94 Bankr.rs Systems,lnc.. St. Cloud. MN 0.6<10-397-2$41/ Form RE-MTo-PA 12119194 .aooK1502rAGE .825 (' A /" (page 4 of 6) ,7."'.r.; e u:: ' '--~> ,il.: , ~ ,...' "~ "-'" ',. _:~, .' d ,,~-_" . ~"'"~" ,;,r, . <..h _", ~C -< , , ~ ,--,,\- Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amtlunt of any payment. Any excess will be ,paid to the Mongagor. If the Property is acquired by Lender, Mongagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition, 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS, Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mongagor agrees to sign, deliver, and file any additional documents or certilications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Securiry Instrument and Lender's lien statuS on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND, All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's intereSt in the Property to secure payment of the Secwed Debt and Mortgagor does not agree to be personally liable on the Secured Debt, If this Security Instrument secwes a guaranty between Lender and Mtlrtgagor. Mortgagor agrees to waive any rights that may prevent Lender from bringiag any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to. any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make aoy change in the tenns of this Security Instrument or any evidence of debt without Mortgagor's consent. Suc:h a change will not release Mortgagor from the tems of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benelit the successors and assigns of Mortgagor and Leoder. 23, APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Security Instrument is governed by the laws of the jurisdiction in wbich Lender is located, except 10 the e"tent otherwise required by ~ laws of the jurisdictio!1 where lhe Property is located. This Seeurily lnsttument is complete and fully integrated. This Security Instrument may IIOt be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law Will not be effective, unless that law e"pressly or impliedly pennits the variations by written agreement. If any section of this Security Instrument cannot be enforced accordiag to its tenns, that section will be severed and will not affect the enforceability of the remainder of this Security Inslnllllent. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Insuument are for convenience only and are not to be used to interpret or define the telDls of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by lirst class mail to the appropriate :party's address on page I of this Security InstrUment, or to any other address designated in writing, Notice to one mortgagor will be deemed to be notice to all mortgagtlrs. 25. WAIVERS. Except to the extent prohibited by law, Mongagor waives any right to appraisement relating to the Property. 1;; 1994 6anke'~ SV'lIMTl:J,lnc:., St. CIDlld, Mill I1.BOO.3'97.~3411 Form RE.MTG.PA 12f19/94 BOOK 1502 PAGE .826 r (page 5 of 61 '3r/l'.r. ~~ . \._."..,j?>-~ --- .~_.. ; '~. .0' ,"., ,,-," ",-"-".,;,,-: ,."", ;t,,"' '''''' ,"'._ .' 26. OTHER 'tERMS. If checked, the following are applicable to this Security Instrument: . 0 Line of Credit, The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security InstrUment will remain in effect until released. o COtlSlruction Loan. This Security Instrument secures an obligation incurred for the construction of an implOvement on the Propeny. o FiX1tire Filing. Mottgagor grants to Lender a security interest in all goods that Mongagor owns now or in the future ami that are or will become fixtures related to the Propeny. This Security InstrUment suffices as a financing slalell1ent and *y carbon. photographic or other reproduction may be filed of record for purposes of Article 9 of the Unifonn Commercial Code. D PlU'c~ Money. This Security lostrument secures advances by Lender used in whole or in part to acquire the Propeny. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mottgage with ail of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. , D N011ICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Rldets. The covenants and agreements of each of the riders cbecked below are incorporated into and supplement and amend !he terms of this Security Insmunenl. [Check all applicable boxes] o C~ndominium Rider 0 Planned Unit Development Rider D Other .......................................".."...... D Addi\lona! Tenus. SIGNATURES: ,By signing below. Mortgagor, intending to be legally bound hereby. agrees to the tenns and covenants contained in this Secnrity Instrument and in any attachments. Mongagor also acknowledges receipt of a copy of this Security Instrument on ~jf;./;:dt.............u.:u,2/ ;;IiiD~m= - ACKNOWLEn(iMENT, Pl' C. kI...i COMMONWEALTH OF .....~~~r...;:~~.7.~..."....ER C?~wYOF .......~................".........._.......} ss. (/oIMOuIl On this. the .....~?~~........... day of ............~~...L.................. be.fore me ..lI.t('(o..(id:.:r:...tJ:i?ff!....... . Steven A Failor, cynthia L Fa110r the underSIgned officer, personally appeared ....,......................................,,,.........................................,.. .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrUment, and acknowledged !bat he/she executed the same fot the pwposes therein contained. In witness whereof. I hereuDltl set my hand and official seal. t1 '~'~f\~lt~fJ'~ @ ':"""~""~-' " ~ ,..'!!:~t,).........."'.#. My c . 'f -~.~ ~.,,,...~~'A1J,.~....'!('6- --.'\ 'NOOtrlalSeal I &~lel.~~4."".e.; ,'Il~~.~..~..;~ (S.oI) VlncentT. P1nlo,Nolluypubllc ....... ....................... .."........Wo./!.t!j>("'....; .~." < O....Tr...IIoIO,AlleghenyCCUIlly .,;:: :.ifjaWll:t:.!~ MyComm_nE""r"l.laYe,200~ ~'~!';;l,'_-"":_' ~:~,~ ... ~~.. ~~~~:.(1jb: Member, Pennsylvania. Association 01 Notaries .... .... ..........oo ........... ..... ...... .... ...."t~.~.~ltfiifO~.'~.~tt;:1 Titlcoromc:cr ~~. .,.:,Jj..,..:~l"'~~,~ '..If;........ ....,."',- .. . . . Green Tree Consumer Discount. CompanY.'!I};.~~ t}rif(1v \\~ It IS hereby certified that the address of the Lender wullln named IS: "".........."....."'_............".............~~~.,, ,:,"';:'~ 3401 Hart:da1e Dri.ve Suite 113, Camp Hill. Pennsylvania 17011 ......................:::.'!,~,~1!J!!~l~::.... ........................................................................................................................ .....-... .. ...... ...... ......... ... .....oo ...... _~.oo.. ............. .................. @1$94 s.l"Ikl!ltJ SY$\"ems. Inc:.. 51:. Claud. MN (1-800.391.2341) Form RE.MTO.PA 12/19194 llood5!'J2 PAGE 827 (page 6 of 6/ ~ '_'__"__0 ,"{." , _~~"_';:,-,.,,,,p ,-_~-_ ..c,_ ,-~ c_',_ ~-- : . .. EXHIBIT A Leaal Descrintion: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN DEED DATED 9/12/96, RECORDED 10/10/96, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK 147, PAGE 403. Parcel 10: 46-09-0521-031 : State 01 PennSYlVania} County of Cumberland 86 Recor ed i~he office for the recording 01 Deeds eel and f . berland Count~~--._- in. _ Bo .Vol~ Page . ~. Wl!n y ha~nd del of offi CarlisI ,PA thi t'\ day 0 ,- A':2.:t '-"/4;; . Goo( " BooK1502 FAGE .828 <-'" "" .~ . ,:~'j ........ \. f J " ,', /,J , " ..'.... ."_': ". t:. ...:J;,s ,,"' ". . ~,' . ,:'1 ~.:. ~ " . ~ '., ~I. .t. l,' . 'I' ,~ ".' '. " Legal DescriDtion: . ,-- ~ . " ~ -"'.- e_, , .__~ _h, _, ,-"",,,,'c ,;'-'c_"~ ,""- ,: '- .' ,'__~_. . , IT ~cl i ~~~'llrlllll; 1111: Il111l1111U 1IIIiUIIIIIII V_Uowltena County PI 30.11113 I.. '. " " :. ~. ., 1 - . ~ , " \:,.: 'n' .=~l... .. ;, 3031525 Pa;a: !5 Dr 5 12/14/1999 93,a&p ~ " EXHIBIT A ,. . .'. . Lot 1; Block 1:, 'of Kale Subdivision, Second Filing, in:Yellowstone Count;y,. MQnj;apa" according to the official plat on file in the office of the Clerk and Recorder of said County, under Document #815708 Parcel ID: C'0597tl . , . ., ~~ ;!~'~r. ~:.,'},~~'.' ;.,li>:f".:i:'.:"" '.... .;", :~:"~ ,_-,;".':':.-'~~:.i....... ':~- .\. -:-......:..~--...."</'V~~ _,.... _ ............:OJ-.. ..:.... ~_.: ... ;&......... ....... " ..... ~.. . r. :~. . ;... . '. . -::.~ , . ~ J' ._.1 ':".1 . _..'01 .z.... '.~.. ~ .~..;:.t..: ,'.;_ .\:'.. \~I ~Li..: ....1 ..z.., ::... . .....J.. ~ _ lU. .'. H":"" .L.....,..: . .' ......;:.: - ::' .:.... ~ .~>I.I.A'': .....: .. .... .:. .J .'(. '. , ...... ;. '-' . " ~~ , '.' , .. " .. .1.- _....... '..........H. ..... '. ,\......h~~.A IJJ :.~ ..1 wi "J_ __..J . :. t t_ J. J ~ ~ .. - , .;: ,I.. ': ~---. --.._-.....-----~.-:..~- .., ~. I ' ,:.1 . . ~ .' . .....- :..: .~ '....'.1;: .': I. ro' ".' ..' '-, ...." ..' " " " _,~". -,_~h ,__, . .~;, APR-12-2000 WED 09:36 AM FAX NO, p, 02 """" ""(' HI B; IT "B" :,: . .... ' .. Pennsylvania CONSH.O r.~NANr.P: SpP,VICrNG COLtI'. 7;',0 S Ky"'''cf'"odAct 91 Notice Tt.'111rC, Arizonil 8J1RJ"45l::3 MRR'J 15-~73J l!! CONSECO ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is 01\ official notice that the mortgage on your home is in defQult, RIld the lender intends to foreclose. Specific inlemation about the naturo oflhe defautt is provided in the attached pages. The rrOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HF.MAP) may be able to help to save your home. This Notice explains how the program works. To soe if HEMAP enn help, you must MfiET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA VS OF THE DA TE OJ:' THIS NOTICE. Take this Notice with you whcn you meet wifh tho Counseling Agency. '1'he llumc. addrCJ;S and phone number of Consumer Credit Counseling Agcncic.co serving your County arc enclosed with this Notice. If you have any questions, you may oall the Pennsylvania Housing Finance Agency toll lh,e at 1-800.342- 2397, (Persons wilb impaired hearing can call (717) 780-1869). This Notice conlains ;mporlant legal infonnation. If you have allY que'tions, representalives at tho ConSllnter Credit Coun.eling Agency muy be able to help expluin it. You may also want to comact.n attorney in your area. Tho 10co1 bar association may be able to help you find a lawyer. LA NOTlFICION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES APECTA SU DERECHO A CONTINUAR VIVJHNDO EN SU CASA. SI NO COMPRENDE ilL CONTENlDO DE IlSTA NOTIflCACION OBTENGA UNA TRADUCCION INMEDITAMBNTJ::: LLAMANDO ESTA AGENCIA (PBNNSYLVANIA HOUSING FINANClJ AGBNCY) SIN CARGOS AL NUMERO MENCIONAnO ARRIBA. ['UWES SER ELEGIDLE PARA UN J>R1WrAMO POR EL PROGRAMA LI.-AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" i'lL CUAL PUEDfl SALVARSU CASA DE LA PERDlDA DEL DERECHO A RRDIMIR SU Hlf'O'J'llCA. @ liMiiii , ,-,"., ....i";;..J -, ~'" CONSECO. CONSECO FINANCE SERVICING CORP. 7)()O S K~"rene Road Tempe, .-\rizon:1 851.83"451'{:; RXR-.1 [5-871.1 Pennsylvania Intention To Foreclose. Act 6 Subject: Our intention to foreclose the Mortgage on Premises: May 11, 2000 Date: April 14, 2000 0547 Certified Mail #: 709932200001 8984 STEVEN & CYNTHIA FA[LOR 525 MOUNT ROCK RD NEWVILLE, PA 17241 RE: Account Number 6901444783 Soc. Security No: 194503936 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Conseco Finance Consumer Discount Company (hereinafter we, us or our) on your property located at 525 MOUNT ROCK RD, IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY PAYMENTS OF: $240.58 due 12/212000, $2,331.29 due 1/212000 and $2,331.29 due 212/2000. Late charges have also accrued to this date in the amount of $1,507.40 and other fees total $ 0.00. The total amount now required to cure this default; or in other words, get caught up in your payments, as of the date of this letter, is $1l,073.H, YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT, $11,073:14, plus any additional MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made either by cashier's check, certified check, or money order, and can be made at: Conseco Finance, 7360 S Kyrene, Tempe, AZ 85283. If you do not Cure this default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of dIe amount of the default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED, YOUR PROPERTY WILL BE SOLD BY THE SHERIFF TO PAYOFF THE DEBT. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonab[eattorney's fees even if they are over $50.00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. ~ - )J' , -", .' ~--j ~. CONSECO. CONSECO FINANCE SERVICING CORP. 73(,0 S Knene Rnad Tempe, Arizona R.51.S3-";'5:)3 888-3 f.5-S~:l3 We may also sue you personally for the unpaid principal balance and aJ! other sums dlle lInder the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have beglln. YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE. It is estimated that the earliest that sech a Sheriffs sale cOllld be held would be appro,imately STEVEN & CYNTHIA. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of COllrse, the amount needed to reinstate the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (888) 315-8733, The payment must be in cashier's check, certified check, or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the propelty. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTlON TO PAYOFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER PROPERTY SUBJECT TO THE MORTGAGE 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 PRlOR TO OR AT THIS SALE, [AND THA T THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.] CONTACT US TO DETERlvIINE UNDER WHAT CIRCUMSTANCES THIS RlGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY AGENT ACTING ON YOUR BEHALF, IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF THE DEFAULT HAD NOT OCCURRED, HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT TO CURE YOUR DEF AUL T IF CURED MORE THAN THREE TIMES IN ANY CALENDAR YEAR. If you have any questions, call the undersigned immediately, Sincerely, ~~ Kelly Holding Mortgage Collections Supervisor Conseco Finance Consumer Discount Company (888) 315-8733 cc: Customer File G:t . ".<'"..til.t_~R~I!I~~~JIiltl~~Dt~~~IdII'~---Jill.-'~'~--' ,~.~ ~._" ' ,,,",,,,,,,,'" ---,-.~~ I . ! (:) -t ~ (';l 0 0 ~ C 0 -n 1i ~~ :J: f-T1 ~ hO .ifi ". -< rnr= B @~ Co.) -o1"'i1 8 () ~ 0 :0.,0 t2 ~ 06 C ~o "" =;;1 '- ::fl - Crt j I ~o :x f")-'";:, 6""- 0) TJ ~g '1? e?n f/) ~ -~ - c:- $5 ~ (..:l -<