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Home My WebLink About00-03751 v~ _ _" __~~'n 0 n_ "" '4' " , ''-n''' " . , McCABE, WEISBERG AND CONWAY, PoCo BY: TERRENCE Jo 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. Renate C. Naugle 14 Church Road Carlisle, PA 17013 , , -,;;~'--,,,;.)..,,~ _ , _ '.,_ _, ',,"' c,>__;;>~~~_~~'.,;,' '~,+t ,;',,,,;<~*,- '---,-"",:." '"..,- 'r ~,,,'-~ o. Attorney for Plaintiff Cumberland County Court of Common Pleas A-fl ,r 3 7(// Number 1/ v ~ 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 TIllS 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 ob j ec i ones a Las demandes en cant ra de su persona. Sea avisado que si usted no se defiende, la corte tomara medldas y puede continuar La demanda en contra suya sin previa aviso 0 notificacion. Ademas, La corte puede decidir a favor del demandante y requi ere que usted cumpLa con todas Las provislones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINOTIENEABOGADOO SINO TIENEELDINERO SUFICIENTEDE P AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA COY A DIRECCION SE ENCUENlRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CumberLand County Bar Association 2 Liberty Avenue CarLisLe, PA 17013 (717) 249.3166 -' ", -., ~---. -,. '~~-,- -,'. ,'., " '. ,--. " -" " _ ---- - , h-, <,'"' ,_,'~ .-c, -'",;, -c -" - - ;;0' >__,.-J, '_'" -,__,_; ,"- ~,:,;~;'_~~_:_~; O;,:_:_~.~:>: ::~,:-, ,"_-'_,'~"_. .,"" "" ~ ~, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Renate C. Naugle 14 Church Road Carlisle, PA 17013 Number (j'O - 3 '7,>1 6"";';1 0..J,M- CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Renate C. Naugle, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 14 Church Road, Carlisle, PA 17013. 3. On March 26, 1999, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1530, Page 156. , ",-', ,-"'~,--- '. , . -.>~ " ;.-- " ' -' ~__" ,,_,,- CF_~."" -, __ 0 ,'.- "'--'Co, _ ",., ,~,---"- : - -"-*"-~;"-"'- ""'%,-' -- -;-, " 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 14 Church Road, Carlisle, PA 17013. 5. 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/00 through 06/16/00 (Plus $27.34 per diem thereafter) Penalty Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search GRAND TOTAL $100,697.42 $ 3,745.58 $ 4,934.17 $ 5,034.87 $ 272.82 $ 225.00 $ 125.00 $ 200.00 $115,234.86 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et .~ ,,- - ".', _=_ - _' , ,.,'-' -" ,_._~-,' -," - ,.~,- ,.c_,;,_.." ;,.,. ..'." --.;:.,t',,_..~~--(C;~_',~:'L;:~-' ;,,~._.-,_._,,_ seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit liB. II WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $115,234.86, together with interest at the rate of $27.34 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. :iMW14 MAL TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff ",-",-"..-. >" >-,,': . ,- _"n_",'"_ -:,',; ;;, -,_ ,i.;"~__., ~',,', --i'.'-;,-~,,~3,;,. ~, '-,-----"",-, ,~ ,,- _-'''~'_., 0,'. _'_N :,;,L"'-''i!,,,,{, ,.";,,,,~,~_c ,,-;-__-.2;/ , VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. ~hhjAJJ/ 4 Gr/j t2.(lJ1~ TERRENCE J. CABE ",'- " EXHIBIT -,""""" ~'". ~" " ~ ., -<- -~, , ~. )/()"f5 ", -, '~'J CommODWeallh of p.....,.lvama Space AIlove11lis Llue For RecordiDg Dala OPEN END MORTGAGE Applicacion # "0312004' - Loan # 6903241757 This Mongage secures future advances 1. DATE AND PARTIES. The date of this Mongage (Security Instrument) is ....~~~~~...~.?!...~~~.~.............. and the partics. their addresses and lax identification numbers. if required. are as follows: ;).D'-f 50 D lol MORTGAGOR: Renate C Naugle o If checked. refer to the attached Addendum incoIporated herein, for additional Mongagors, their signatUreS and acknowle<W"~nts. LENDER: Green Tree Consumer-D~scount -Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 . 0 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is ackllowle'!licd. ~ secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument. Monga~~.~ns. conveys and mongages 10 Lender the following described properly:. .= m g CD .= :O::u l'T1 See Exhibit A 'C-.) ~ Cl =: 0- xfTl 0:::0;-0 " O?"N ::3 0 - c",o_~. N. ~:::::!: .-( <::> .., ..... .1 CJ)::D ,<.0 "1;l .:.. . . Cumberland The property IS located In ....................................................................... at ................................................ (Co1lllly) . .... .......... ........... ....... ................. .......... ..: ... ..... :::.-:............... .............. ...... Pennsylvania . ~2.~.~~ _......... ... (Address) (city) (ZIP Cod.) Together with all rights, eaSements. appurtenances. royalties. mineral rights, oil and gas rights. all water and riparian righlS, ditches, and water stock and all existing and future improvements, structures. fixtures. and rcplar-"ments that may now. or at any time in the future, be pan of the real estate described above (all referred 10 as .Property'). 3. MAXIMUM OBLlfb-P.~ &~. The IOta! principal amount secured by this Se'cwity [ostrument at anyone time shall not exceed $ ...................:........:....................... . 'Ibis limitation of amount does not include interest and other fees and charges validly made pursuant to this Securi/y IDSInIIneDl. Also. this limitation does not apply 10 adva=s made UDder the terms of this Seeurity Instrument 10 protect Lemler's securi/y and to perform any of the covenants rnn"'ined in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term 'Secured Debt. is defined as follows: A. Debt incurred under the telDlS of all promissory note(s). contract(s). guaranty(s) or other evidence of debt described below and all their extensions, renewals. modifications or substitutions. (When riferencing the debts below it is suggested that you include items suck as borrowers' nomes, lIf)te amo/llltS, interest rates, matUrity dates, etc.; Note dated March 26, 1999, between Green Tree Consumer Discount Company and Renate C Naugle, for $101.650.00, maturing April 1, 2024. BooK1530 PAGE .1.56 PENNSYLVANIA. MORTGAGE (NOT FOIl FNMA. FHLMC. FHA OR VA USEJ . . "'.84 llri... SpNlM. Inc.. st. Cl&ud, MN 11-'800-397-234 H Fcmn RE.fr/ITQ.PA 12119/84 Form ID #111164 //p"(page , of 61 , I ~" .~ ~ llJMllii "~~~ ~". 1 '~_!, . B. All future advances from Lender lO Mongagor or other future obligations of Mongagor to Lender under any promissory note, conttact, guaranty, or other evidence of debt executed by Mongagor in favor of Lender executed after !his Security Instrument whether or not this Security Instrwnent is specifically referenced. If more than one person signs this Security lustrumero, each Mongagor agrees that this Security Instrument will secure all future advances and future obligations that are given lO or incurred by anyone or more Mortgagor, or anyone or more Mongagor and others. All future advances and other future obligations arc secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. No!hiog in this Security Instrument shall constitute a commillIlent to make additiooal or future loans or advances in any amount. Any such commitment must be agreed lO in a separate writing. C. All obligations Mortgagor owes lO Lender, which may later arise, lO the extent not prohibited by law, including, but not limited lo, liabilities for overdrafts relating lo any deposit account agreement benveen Mongagor and Lender. D. All additiooal sums advanced and expenses incurred by Lender for insuring, preserving or od1crwise protecting the Property and its value and any other sums advanced and expenses illCUrred by Lender under the terms of !his 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. Mongagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and !his Security Instrwnent. 6. WARRANTY OF TITLE. Mortgagor warran~ that Mortgagor is or will be Iawlitlly seized of the eSlate conveyed by !his Security Instrument and has the right 10 grant, bargain, convey, sell, and mortgage the Propetty. Mongagor also warranlS that the Property is unencumbered, except for ellCUlllbrances of record. 7. PRIOR SECURITY INTERESTS. With regard 10 any other mortgage, deed of trUSt, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covCDaDtS. B. T~'p;;;;;pli;"~li~~r l~o~;'~;';;;,dces 'that Morti;.g~ r~~~ frOm tbChoidi:r. C. Not 10 allow any modification or extension of, nor lo request any future advances under any note or agreement secured by lbe lien doCument without Lender's prior written consent. 8, CLAIMS AGAINST TITLE, Mongagor will pay all laXes, assessmentS, liens, encumbrances, lease paymentS, ground rcms, utilities, and other cbarges relating to the Propeny when due. Lender may require Mongagor lo provide 10 Lender copies of all notices that such amounts lIIC due and the rece.ipts evidellCing Mortgagor's payment. Mortgagor will defend tide lo the Property agaiJlllt any ,claims that would impair !!Ie lien. of this Security Instrument. Mongagor agrees to assign 10 Lender, as reqnested by Lender, any rights, claims or defenses Mongagor may have against parties who supply labor or malerials lo mAintAin or improve the Propeny. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option. declare the entire balance of the Secured Debt lo be lmmf'1]iately due and payable upon the creation of, or contract for the creation of, any lien, encumbrajace, transfer or sale of the Property, This right,js subject to the restrictions imposed by federal law (12 C.F.R. 591), as appIillable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security InslrUmenl is released. 10. PROPERTY CONDITION, ALTERATI011i'S i\NO INSPECTION. Mongagorwilllkeep the Prop~ in good condition and make all repairs that are reasonably necessary. Mongagor shall notcOlJ\IDit or aIlo'iVWlY waste, inipa\rmcnt, or deterioratipn of the Property. Mortgagor will keep the Property free of DOxious weedS and gIlISSe5. ~ortgagor 8!l1F that the ~ of lbe occupancy and use will not substantially change ,wilhont Lender's prior written CPpSent. ~ottgagor will not pemnt any change in any license, restrictive covenant or easement wilbout Lender's prior written cO)]SCnt. Mortgagor will notify Lender of all demands, proceedings, claims and actiODS against Mongagor, and of any loss or damage to lbe Property. ~ 11184 BAI'lklllra Sy:nem., In~.. St. Cbld. MN n..egg..a1l7-234'1 ro"n R&MTe-JtA 12(' '''4 ~ood530 ;AGE J.51 --- "- ft/;' , ,. /...... tp.1J6 2 of 6J ,/ / ~~-_._" "~'~ ~~-'Ji o Lender or Lender's agem.s may, at Lender's option. enter !he Property at any reasonable time for !he purpose of inspecting the Propeny. Lender shall ll1ve Mongagor notice at the lime of or before an inspection specifYing a reasonable purpose for the illSpection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. n. AUTHORITY TO PERFORM. If Mortgagor fails to perfonn any duty or any of the covenants comained in this Security Insuumenl, Lender may, without notice, perform or cause them 10 be perfonned. Mortgagor appoints Lender as attorney in fact to sign Mongagor's name or pay any amount necessaIY for performance. Lender's rigbt 10 perfonn for Mortgagor shall not create an Obligation to perform, and Lender's failure 10 perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security 11IStrnment. If any conslIDction on the Property is discontinued or not carried on in a reasonable =, Lender may rake all steps necessary to protect Lender's security interest in the Property, including completion of the coDSlIDction. U. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably glllDlS, bargains, conveys and mortgages 10 Lender as additional security all the rigbt, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, JtIOdifications or substitutiollS of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as .Rents.). Mortgagor will promptly provide Lender with lIUe ami correct copies of all existiog ami future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the telIDS of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third pardes on !he recordiog of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees !bat Lender is entitled 10 notify Mortgagor or Mortgagor's tenants to maim payments of Rents due or 10 become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mongagor of the default and demands !bat Mortgagor and Mortgagor's tenants pay all Ilents due or 10 become due directly 10 Lender. On receiVing notice of default. Mortgagor will endorse ami deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in lIDSt for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Insuument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees 10 maintain and require =-,,~y.o:temnt-j'..cccQmp!y-=-with.,!he1.e!.ld~, nJ-,--the.~~_and.,~Ucable_Ia.w. .-.. ..-c===-=--=..o.c-.....=.".:::.=,:==::.::o=.===-_.:::..,,:==.:.:~'--=---=_,,:',==,",:,",,"'-'_--'c, 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees 10 comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under !he covenanis. by-laws, or regulatiollS of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party Obligated on the Secured Debt fails to maim payment when due. Mortgagor will be in default if a breach occurs under the tenns of this Security IlIStrnment or any other document executed for the pwpose of creating, securing or guarantying. the Secured Debt. A good faith belief by Lender !bat Lender at any time is insecure with respect 10 any person or entity obligated on the Secured Debt or !bat the prospect of any payment or the value of the Property is impaired sha1l also constitute an event of default.. 15. REMEDIES ON DEFAULT. In some instances, federal and stale law will require Lender to provide Mortgagor with notice of lhe right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any. Lender may accelerate the Secured Debt and foreclose this Security IDstrnment in a JDaIU]el' provided by law if Mongagor is in defaulL At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition. Lender shall be entided to all the remedies provided by law, the temlS of the' Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled 10 all remedies provided at law or equity, whelher or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceediogs are filed shall not constitute a waiver of Lender's right to require complete cure of any eldsting default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later cousider the event a default if it continues or happens again. .' '- Jw' ",.'fpsf1B'3of6J C1a94B"ker.Svsmn..Inc::..S~.CIoud.MN (1.800.331-23411 FormRE-MTG.p" 12/18184 ,B'QoK1530fAGE. d58 ~./." o~L~/"'- """ ~~~ - ~_. ,~ 1Il-~ ~. - ~ .t.'" 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, MoftBagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security InsU1lll1enr. Mongagor 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 win bear interest from the date of the payment until paid in full at the higheSl interest rate in effe\;t as, provided in the tenns of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecling, enforcing or protecting Lender's rights and remedies under this Security Insuument. This amount IIIlIY include, but is nollliDited 10, attorneys' fees, court costs, and other legal expenses. This SecurilY Instrument shalt remain in effCl.'t until released. Mongagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, withoullimiration, the ComprebensiveEnviromnental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, stale and local laws, regulations, ordinances, conn orders, attorney general opinions or inteIpretive letters concerning the public hea1th, safety. welfare, environment or a hazardous subsllUlce; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or con,"rnm.nt which bas characteristics which render the suhsllUlce dangerous or potentially dangerous to the public health, safety, welfare or environment. The teun includes, without limitation, any substances defined as "hazardous material." "toxic substances," "lIazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor repl'C5CDlS, warrants and agrees that: A. Except as previously disclosed and ackpowledged in writing to Lender, lID Hazardous Substance is or will be located, stored or released on or in the Property: This restriction does IIDt apply to smaU quantities of Hazardous Substances that are generlll1y recognized to be appropriate for the IIOIIJIlI! use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and =very tenant have been, are, and shall renuain in full compliance with any applicable Environmental Law. C. MoftBagor shall immediately DOtify LeJlder if a release or threatened release of a Hazardous Substance occurs on, onder or about the Properly or the.te is a violation of any EnvirollUlental Law concerning the Property. In such an evenl, Mortgagor shall take all necessary remedial action in acco~ with any Environm""'"l Law. ,.~""i>~M;mP8~r~;;ji~~liiy~tiiY.~i~;rlti~'$~;;$'M~;r~"~robeii~'thmis-~ip~i~8~r'. . threatened investigation, claim, or proceeding relating to the release or threatened release of any Hu.ardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes I..eJKW to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to I..eJlder the proceeds of any award or claim for ,clamages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered pl!ymeDlS and will be applied as provided in this Security Instrument. This assiglllllent of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other ~ document. I!). INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasoDably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier proViding the insuram:e shaI1 be chosen by Mortgagor subject to Lender's approval, which shaI1 not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the temIS of this Security Instrument. All insur.mce policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause.. Mortgagor shall immediately notify Lender of cancellation or ternlination of ~ insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately gIVe to Lender all receipts of paid premiums and renewalootices. Upon loss, Mortgagor shall give ;rnrn<:diate notice to the insuIancc canier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. 01""'4 BltfIl(.na 5)'11""1 Inc., St. Claud, MN n.BOMSq.234t1 Form RE-MTa-PA 12/18/84 .BQod530 P.AGE .159 .~ /I'?> /P8fl" 4 of 6/ ( / '" - ~ "~ ~~~~ ~ ~<, ~M '< ~- ". >~"<~~,,,,,'; 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 amounr of any payment. Any excess will he paid to the Mortgagor. H the Property is acquired by Lender, Mortgagor's right to any illSllIllllCe policies and proceeds resulting from damage to the Property hefore Ihe acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. ~O. 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. ~l. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any tinancial statemellt or infollJUltion Lender may deem reasonably necessary. Mortgagor agyees to sign, deliver. and tile any additional documents or certifications thal Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Insuument but does not sign an evidence of debl, Mortgagor does so only to mongage Mortgagor's imerest in the Property 10 secure paymem of the Secured Debt and Mortgagor does not agree to be personally liable on Ihe Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor. Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. 'These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Insuumellt may extend, modify or make any change in the terms of this Security Instrumem or any evidetu;e of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security InstnmleDt. The duties and benefits of this Security Instrument sbaII bind and benetit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by Ihe laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not he amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured ",.,.J1~ht,tPtJt,ronfl!~t!b~th;~p~!H~hl!,;m',a;w",~J1L,J10t..M",~~dY~.,:.llnl~~."tbatJaw..J~xpresslY..r,or"im!,lleilty",~mtit~Lthe,_,~J!a!io!!S".,by"c-,,_ written agreement. If any section of this Security Instrument cannot be enforced according to its tenDS, that section will he severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever nsed, the singular shall include the plural and the plural the singular. The captiOtlS and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define Ihe terms 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 first class mail to the appropriate pany's address on page I of this Security Instrument, or to any other address d~.;ll1""'" in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relatios to the Property. . ~'984 Bankert ~.t*M.. 11'It:.. 51. Cloull.MN C1.BOCo397.23A1) JiormNH\llTGoP" 12119194 ,BOUK1530 rAGE d6(l /b.; ) (page 5 of 6/ / r~~/ ',/' -- I. ,~ " ~,~ ~ \:iI__~~~ , ,,- ~ li" ... ~" ..........,...~ ~ - -" ~ ~~-'-~i$i';; '. 26. OTIlER TERMS. If checked, the following are applicable to this Security Insuument: o Line of Credlt. The Secured Debt includes a revolviDll line of credit provision. Although the Secured Debt may be reduced 10 a zero balllIlCe, this Security Instrument will remain in effect until released. o Construction Loan. 1'I!is Security Instrument secures an obligation incurred for the constrUction of an improvemeut on the Property . o Fixture rding. Mortgl\llor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related 10 the Property. This Security IDstrUIlle1lt suflices as a financing Slatetnent and any carbon. pholOgraphic or other reproduction may be filed of record for purposes of Article 9 of the Unifotm Commercial Code. D Purchase Money. This Security Insuument secures advances by I.euder used in whole or in pan to acquire the Property. Al:cordiogly, this Security IllSlrUment. and the lien hereunder, is and shall be coDSlIUed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the Jaws 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 terms of this Security instrUment. [Check all applicable boxes] o Covtlnminium Rider 0 Planned Unit Development Rider 0 Other ................................................... o Additional Terms. . SIGNATVRES: By signing below, Mortgagor, jp,,,,ttHng to be legally bound hereby, agrees 10 the terms and Covenants conwned in Ibis Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Insttument on the date sllIted on page 1. ~~~.~.N~~......J~~? (S~~i""""'''''''''''''''''''''''''''''''''''''''''''''''''(llii~j'' /.:..:::lt~ ~:.cl/.td{.......................... '. ('!I'llIIeSS) t&t ( (Wi.....) ACKNO~~=::c::'~:~;.;;;;,;~;;~~.;.~~...:....:.:ou;c::t~Q~J..................'....;'~. (JoIhIOW) On this, the .....~~.tl)........... day of .M!t.r!.Il.J.9.~2..........................., before me .................................... the undersigned officer. petlloDally appeared ..~~~.~~..':.~~~!:~................................................................." .......................................................................................... known 10 me (or satisfaccorily proven) to be the person(s) whose mme(s) is subscribed to the within insttument. and acknowledged that he/she execnted the same for the purposes therein co~. ~ . .. . .....................................................................,...... f C~~ ............. .............. ............................................. -My Commlsslon Elcpires Feb. 10, 2003 .1A7f!1....fC.klt~.......................... ......... ...... t ... d .. Creen 'rree C011BUlILet' Discount. Company 'that the address of the Lender WIthin name IS: ............................................................................ ive Sqite 118, Camp Hill. Pennsylvania 17011 ~ ............................................................................................................................................. BOOK 1530 rAGE .161 019&4 S"".SYIlC.m.,lna.. St. Claud. MN 1'-80o-~.7-2:''''11 I'cum RE-MTG-PA 121191''' (PS!18 6 af 6J I,"'~~""'=""'= , . ~- ~ - " ~" " "c, J' ~ ,- .. - EXHIBIT A Leaal Descri~tion: BRIEF LEGAL DESCRIPTION. ALL THAT CERTAIN PROPERTY SITUATED IN PENN TOWNSHIP, CllMBERLAND COUNTY AND COMMONWI!ALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 09/23/88 RECORDED 10/19/88 APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 33-P PAGE 1073 Parcel 10: 31-11-0296-026A '_,.u._,,,,,,.,.'.,,..,...,,,,.. ._._."""""....."""..,,,,..,.. ....__._...........u.....-'-'"_____ _.._,.......,___.,..._._"._... SlalB 01 pennsYlVania} 86 . County of Cumberland Recorded in the office for the recording of Deeds ect~1 nd i~mberla,nd CountY. "PSlIl in Bo~V(lf:""'_Page~ Co witn y hand loffj . qq Carlisi. 'A ,1/ ~9 BOOK1530fAGt .1.62 .- .- --. , FAX NO. . ~ P. 02 --li&lIrK,j'.;.<C'O JUN-j5-2000 THU 02:09 PM . . C I. S Pennsylvania Ul'i.~r.co "lNi\NCE I'.RVlcrNG COIlC'. 7,\60 S "iI"'"'' R<>."!Act 91 Notice T\,,'lnp...:. A\'i1m\:\ M5~t\3-.~5S.\ .';Nfi-:n S-S':'l,\ ~" CONSECO. EXHIBIT "8" RI,N.HF. NAUGLe H ('HURCH ROAP CARUSLE.PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE lunc IS. 2000 'rills ;s tln ofl1cial no lice that the mortgage on your home is ill default, and the lender intends 10 foreclose. Specific information about the nature of the default is provided in lhe atlached pages. The IJOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-IEMAP) may be able to help to "lYe your home. TJ,is Notice explains IlOW the program works. To see ifHEMAP can help, you mllst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 -";""DA;XSD:ft;rH!Z:J)..^.,;-TELo.EtX~U&:,,:h!n'IIC~t,,,;:r~,k~~thi&:,NotiBel,~vitb-y~u-c""!hen,,:,;p:~.;;;;:-mcct,,-w,~,th~.hc,.cOUii 5GJ{iig;-Agii'riCYi':'C::~:"" "="'" 111e nome, address and phone number of Consumer Credit Counseling Agencies serving YOllr Coullty Qre c'11elosed with this Nolice. If you have any questions, you may call the Pennsylvania Housing Finance Agency 1011 free at 1-800-342- 2397. (Persons wilh impaired hearing can call (717) 780-1869). Thi> Notice conlllins impol1ant legal inforn,.tlon. If you h.ve any questions, rcpresentadves at the Consumer Credit CO'jllsding Agency may be able to help e~plain it. You may also want to contact an attorney in your area. The local bar .."ochltion may be able to help you find a lawyer. LA NOTlFICION EN ADJUN'[O ES DE SUMA IMPORTANCIA, PUES AFECTA SU PERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTF. LLAMANDO ESTA AGENC[A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN l'RESTAMO POR EL PROORAMA LLAMADO "HOMEOWNER'S EMERGBNCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SA L V AR SU CAS 1\ D6 LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA. J;'~'~ ) JUN-15-2000 THU 02:10 PM - T 03 ~-"'-"Hi&' FAX NO. ~-- CONSECO, CO.'IJ:o.l.(:O Fl:'MNCE Sl:::llVlClNCi CORP, '7 ,l6o S 1\.)'rL'n~ RO<ld T~:'np~:. AtiWlI:.1 .!o.:P~.i'..f5Sj 8~H'}15.S733 Dote: 6/1 SIOO TO: RENATE NAUGLE 14 CHURCH ROAD CARLISLE, PA 17013 89909534 Loan No.: 6903241757 Mortgaged Premises: 14 CHURCH ROAD CARLISl.E, PA 17013 FROM; Conseco Finance Consumer Discount Company YOU MAY ag f:LlGlBI,F, F'OR FINANCIAL ASSISTANCE WlIICH 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 198.1 (THE "ACT"), YOU MA Y [IB ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: -.-. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ---.IF YOU HA VB A REASONAIlLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE I'A YMENTS, AND ---. IF YOU MrET OTHER ELIGIBILITY REQUIREMENTS ESTAllLlSHED lW THE PI;NNSVLVAN1A HOUSING FINANCE AGENCY. TEMPCiRf\RY STAY OF FORECLOSURE.... Under the Act, you are entitled to a temporary stay offoredosure on your mortgage 'for-thti'ly'pO)'dliYs-f(O'jjnlru'd'dmof'ti!i,'Notlcc~-Diifilrgrh'dniifjc'yiiii'mUst-ilrrange'iininTi<.'ii(r."rii:cc:lo~TiiCe"'riiedii1swi(1i--One 0"( . the conSl'm,,, credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITIlIN THE NllXT (30) DA YS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE. YOU MUST BRING YOUR MORTGAGE UI' TO DATE, THE PART OF THIS NOTICE CALLED "!lOW TO CURE YOUR MORTGAGE DEFAULT', EXPLA INS HOW TO fiRING YOUR MORTGAGE UP TO DATE. CONSlJMGR CREDIT COUNSELING AGENCIES ....lfyou meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lellder may NOT take action against you for thirty (30) days after tho date of this meeting. The nalt1es. oddress",~ und telephone numbers of designated consumer credit eouMeling agencies for the county in which the property is loe.tcd arc enclosed with this Notice. It is only necessary to scheduie one face.to-face meeting. Advise your lender immediately ofyo"r intentions. ^ ~PLlCA TION FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth lalcT in this Notice (see followin>: pa~cs for specific infonl1ation abollt the nature of your default.) If you have tried and are unable to resolve this problem with thc lender, you havc the tight to apply for financial assistance from the Homeowner's Emergency Mortgagc Assistance Program. To do so. you must till out, sign and tile a completed Homeowner's Emergency Assistance Program Application with one ofthe designat.d conSumer credit counseling agencies listed at the end of this Notice. Only COnSumer credit counseling agcncies have applicmions for the prol,'!'lIm and they wfll assist you in submitting a complete application to the P.'1lnsylvania Housing Finance Agency. Your tlpplication MUST be med or poslmarked within thirty (30) days of your face-Io-face meeling. YOU MUST FI LE YOUR AI'PLlCA nON PROMPTLY. IF Yatl FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlE OTHER TIME PERIODS SET fORTH IN THfS tEnER, FORECWSURE MAY PROCEED AGAINST YOUR HOMB 1M MEDIA TEL '( AND YOUR APPLlCA TlON FOR MORTGAGE ASSISTANCE WILL BE DENIED. FAX NO, ~"~" ~~,"",:,; .- , JUN-15-2000 THU 02:10 PM .~ p, 04 .' ~" CONSECO. CON!lECO fIN^NC~ SERVICING CUltp. , .\60 S Kyn,'\1c Rt\~\J T~nlpl!, Ari.wll:'l ~F.8J~458.\ . HR'.) I S.H, l' AGENCY ACTION .... AvaIlable funds for emergency mortgage assismnee ore vClJIlimited. They will be disbursed by the Agency lInder lhe cligibility crileria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) doys to make a deeisioll atier it receives your app1ie~tion. During that time, no foreclosure proceedings will be pursued against you if you nove met the time rcqllirements set forch above. You will be nOlified directly by thc Pennsylvania Housing Finance Agency of its decision On your application. NOTE: It' YOU ARB CURRENTLY PROTECTI>D BY THI': FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR lNFORMA nON PURPOSES ONLY AND SHOULD or BE CONSIDERED AS AN A ITEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you con still apply for Emergency Mottg~l>e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NA1URE OF THE DEFAUtT ..-. The MORTGAGE debt held by the above lender On your propc"l1y located at: 14 CHURCH ROAD, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULTbccause: A. YOU HA VE NOT MADE MONl'l-lL Y MORTGAGE PAYMENTS for the following months and the following amOllnts arc now past duc:3/1fOO & 4/1/00- $909.40 & 909.40,5/1/00-$909.40,6/1/00 &. 7/1/00.$909.40 & 909.40. Other charges (expJainlitemi>e): NSF Fee: $0.00, Late Charges: $272.82. TOTAL AMOUNTS PAST DUE: $4819.82. 13. YOI) HAVE FAH.ED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applioable): HOW'IU'CURE'TfjEDEi' mc-r:::;''Voumayoure ilie'dej'';uli'witnJnTHIRfYTjl))DAYS'ofih~d-;;t;of'\hTs;:;~ti~eiiyp^yiNG THE TOTAL AMOUNT pAST DUE TO THE LENDER, WHICH IS $4819.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIHCH BECOMB DUE DURING THE TtJlRTY (30) DAY PERIOD. Payments must bo made either by oll.h, cashier's check, certified check or money order mode payable and sent to; Conseeo Finance, 7360 So Kvrene Rd. Tempe. AZ 85253 (do not send cosh). You can cure any other default by taking the following aotion within THIRTY (30) DAYS of tho date of this lotler: (Do not use ifnot IIpplieable.) __ IF YOU DO NOT CURE THE DEFAULT.... If you do not cure the default within THIRTY (30) DAYS ofthe date oflhis Notice, tne lender intends to exercise its rights to aecckrate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortg.se in monthly installments. lffull p.yment octhe tol.l amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys 10 start legal action to (areclo,e upon yuur mortg"lled property. If Tim MORTGAGE IS FORECLOSED UPON .... The mort8aged property will be sold by the Sherifflo pay off the mort!!"llc deb!. If the lender refers your case to its attorneys, but you cure the delinquency bcfore the lendcr begins legal proceedings against you, you will still bc required to pay the reasonable attorney's fees aclually incurred up to $50.00. However, if Ie!!.} proceeoings ore started against you. you will have to pay 011 reasonable attorney's tees actually incurred by the lender eveTI Uthey exceed $50.00. Any .ltorney's fees will be aoded 10 lhe amount you owe the lender, which may also include other reasonable costs. [fyou cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER l.ENDER REMeDIES .... The lender may also sue you personally for the unpaid principal balance and 011 other sums due under the mortgage. --....~ J .f ~ J-' FAX NO, ." - " ~, l><1~._~',;, p, 05 JUN-15-2000 THU 02:10 PM ~,. CONSBCQ, CONSI:.CO F1NI\NCF. SERVICING COIU', 7)60 S Kyrel1t: RO,Hi Tcmr~, Arizol1ol gpR.\--H,Q3 HSS'J J 5",\j:73.l RIGHT TO CU!\E THE'. DEFAULT PRIOR TO SHERIFF'S SALE --If you have nOI cured the defaull within the THIRTY (30) DA Y ,,"riod and foredosure proe"L'llings have begun, you slill have the right 10 cure the default and preVOl1llhe sllle al any time up to One hOllr before the Sheriffs Sale. You may do so by paying the total amountlhen past due, plus any \atcoT other ehal'ges then due, reasonable attorney's fees and co, I" connected with the foreclosure sale and any otheT costs connected with the Sheriffs Salc as speei r.ed in writing by the lender and by perfonning any other requiremenls under Ihc mortg<1ge. Curing your defaull ;n the manner Sel fOl1h i1l this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE m. It;s estimated that the earliest date Ihat such a Sherin'. Sale of the mortgaged property could be held would be approximately one month tram the date Oflhis Notice. A notice oftl1e actual date ofthe Sheriffs S.le will be SL"nttO YOll before the sale, Ofeomse, the amount needed to cure the default will inereasc the longer you wait You may find out at any time ex.clly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LE\NDER: Namc of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Ari?ona 85253 Phone Number: 6fJ2/333.6000 Fax Numher: 602/333.6460 Contact Pt.7S(m: Ruth Hernandez EfFECT OF SHERIFF'S SALE.m You should rcaJ;?e that a Sheriff's Sale will end your ownership ofthc rnortgaged property and your right to occupy it If YOll continue to live in the property afler the Sheriffs Sale, 8 lawsuit to tClnove you and your furnishings and other belongings could be started by the lender at any lime. ASSUMPTION Ol" MORTGAGE m. You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer 01' tranJ:feree who will aSSume 'be mortgage debt, provided that all tbe outstanding payme'lts, charges and attorney's fees and coslS are pllid prior to or at the sale and that the other requirements of the mortgage are satisfied. "_~,~,,,.'_____,.'."," _.,"._"., ,,~"_'C_'~~."""."'" .","",,,",.,","."_'''.'__'" _, """~",,_.,. YOU MAY ALSO HAVE THE JUGHT: 'm TO SELL THE PROPERlY TO OBTAIN MONEY TO PA Y OFF THE MORTGAGE DEBT OR TO BOI~ROW MONEY FROM ANOTHER LEND1NG INSTITUTION TO PA Y OFF THIS DEBT. ..'. TO IIA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHAl.F. ,n. TO HA VE 1'1m MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HA D OCCURRED, IF YOU CURE nlE DEFAULT, (HOWEVER, YOU DO NOT HA VB THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ,,-- TO ASSERT THe NONEX1STENCE. 01' A DEFAULT IN ANY J10RECLOSURE PROCEEDING OR ANY OTHER LA WSU1T INSTI1Vn:D UNDER THE MORTGAGE DOCUMENTS. ,"- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDE.R. ..'- TO SEEK PROTECTON UNDER THE FEDERAL 6ANKRUPTCY LAW. Enclosures: Pennsylvania ConSllmer Credit Counseling Agency List eC: Custom~l' File ",.::~.;..~ ~ ~-. ~~ ~ , C" ~~~~~ -.~ 1!L ~----.m~-~_~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street , .--...Ca-fTI'sTe;-.P.1:f..."T7UT3...'"..---.-'.... (717) 243-3818 FAX # (717) 243-3948 ~lli&\I~illil;';'''''''li,,,g'''-,,,,"t.ill'!!-,,",,,'M.i4!1'_'til:,~?~jlii!';;f<'''',,'#",,;'~''ill1P.;l;sm.'!W~lt. ~GJ~ ..t\ ~ \L,. ~ ~ ~ ~ '<..)j\ Uv ~ \) ~~'-~~ " ~~""'" FD c:1 ~ ~ ~ a..~' ~ ~j ~ ~1il~'~1!r"'.~- ~, o G. > -0''- 2~.::b :;::.. \~ (0,.:" --< s.;:::C! ;eO 2.1~' "':' ' PC: ~ C) C:J \G) -,-' \.0 , ' C) " ' ':;:.() -~.r. ...!r." ,'-', '.' '.-<, { '_1 :-::S(rI -~ -c; :< .-n C:': ':.:> .t=" ~<~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-03751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS NAUGLE RENATE C RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAUGLE RENATE C the DEFENDANT , at 0019:44 HOURS, on the 11th day of July , 2000 at 506 HIGHLAND COURT CARLISLE, PA 17013 by handing to RENATE NAUGLE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: rJ;?~~t:~ R. Thomas Kline 07/12/2000 MCCABE, WEISBER WAY Sworn and Subscribed to before By: me this N t!:::' day of rIG J.w AD ~. /}'"(kJ'i. f'~ ' rothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Renate C. Naugle 506 Highland Court Carlisle, PA 17013 CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-3751 CIVIL v. RENATE C. NAUGLE 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. Esauire at (215) 790-1010. '< ~ -;i;;l;i"~-1 ,- . ~- , , - "~~ ~4r""~'-=i McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-3751 CIVIL v. RENATE C. NAUGLE 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 $115,234.86 6/17/00-8/16/00 $ 1.640.40 U875.26 ~l-- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff AND NOW, this :(/5+ day of IJ uq us+- , 2000, Judgment is entered in favor of Plaintiff, Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, and against Defendant, Renate C. Naugle, and damages are assessed in the amount of $116,640.40, plus interest and costs. BY THE PROTHONOTARY: ~_.- . = ~"~-~" "411 '" '" ~~ ' 1i!Wi'%<~ McCABE, 'WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-3751 CIVIL v. RENATE C. NAUGLE 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 Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Renate C. Naugle, is over eighteen (18) years of age, and resides at 506 Highland Court, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS 1(,'1-'1, DAY Clutj OF , 2000. TERRENC Attorney z ------ McCABE, ESQUIRE for Plaintiff , . f), NOTARY PUBLIC ~--' NOTARIAL SEAL " GLORIA D. MITCHELL, Not8t'j Public City of Philadelphia, Phlla C~u~~03 fA Commission Expires June , "~ ~~...........' ''l;il10i1_,,"'}' McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-3751 CIVIL v. RENATE C. NAUGLE CERTIFICATION Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME THIS I~~ DAY ~/A" TERRENCE . cCABE, ESQUIRE Attorney for Plaintiff OF aUj , 2000. &d/ GtOF/IAD~~rtcF/IAl SEAL M Cb~:m' RhH~di!IP~~~~h~~rary PUblic , ' IS$/On. E~ ires J . COUnty un.e 2, 2003 ,-"-' ~I' " .iIl&';"';,'b~. 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. TERRENCE J .~E/i:;~;mE . ~'~'~,*'-, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Renate C. Naugle 506 Highland Court Carlisle, PA 17013 Conseco Finance Consumer Disount Compant, f/k/a Green Tree Consumer Discount Company v. Renate C. Naugle August 2, 2000 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-3751 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT ~OTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the folloWing office to find out where you can get legal help: Court Administrator Cumberland County Co~rthouse Carlisle, PA 17013 (717) 240.6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea'personalmente 0 per abogado y por no haber radicado per escrito con este Tribunal sus defensas U objeciones a Los reclamos formulados en contra suya. Al no tamar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin neeesidad de comparecer usted en corte u air preuba alguns, dictar sentencia en su contra y usted padria perder bienes u otros derechos impertantes. Debe llevar esta notificacion a un abogado inmediatamente. 51 usted no tiene abogado, 0 si no tiene dinero suficiente para tal servfcio, vaya en persona o llame per telefono a 1a oficina, nombrada para averiguar sf 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 ",to b.. McCABE, WEISBERG AND CONWAY, P.C. ~ First Union Building ~ 123 South Broad Street, Suite 2,O~~ Philadelphia, Pennsylvania ~~ this telephone number: (2~Y010 ~ at TJM/bc ~~~oillf<:&fci'"-,""i:lJ!.l;ll!1\\l!~~tHl!~~IW~1<licl~,"ilv'c{>lc~ii1~ilk_~~ "'''' 1, _MlliIl .- > .~ ~"-,~~~ '.'......;...;;". ->"j . ~ -;0 r:J ~ 't :-C !l:.. 8 0 .(:::) ~J C a -1', <:-' - -ofTl ".. F fTIr'~; --- R.J 2:1.:: Gel ,-_. -....... ft! 2C N ,I.", 0 ~ (f) c.' ~.'?C? -<2 """"_ I l () r<c; '-::-'1C; Ii"'- > "\- "r, 0 0 ~ ~c 3: ~;~~':~ --C) is )>c: c5iT1 -. .-J 2 ?E g:~ -.....z. :.<! r" -< ~ "~" - .~ , ~.,' '-,' ,~I- ,-~ - . ~