HomeMy WebLinkAbout02-5626LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
,IT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A
GREEN TREE CONSUMER DISCOUNT
COMPANY
7360 SOUTH KYRENE
TEMPE, AZ 85283
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. U2- s?.ato l..lUtC? yyt
vs.
CURTIS L. MEIXNER
(MORTGAGOR, REAL OWNER AND
BORROWER)
BRENDA A. MEIXNER (BORROWER)
19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
DEFENDANT(S)
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
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 defense or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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 LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692
et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID.
LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING
YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT
YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT
TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF
THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR
WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT
OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS
(THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE
MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN
THIS SUIT.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A
GREEN TREE CONSUMER DISCOUNT
COMPANY
7360 SOUTH KYRENE
TEMPE, AZ 85283
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
cr?
vs.
CURTIS L. MEIXNER
(MORTGAGOR, REAL OWNER AND
BORROWER)
BRENDA A. MEIXNER (BORROWER)
19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
DEFENDANT(S)
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
1. Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer
Discount Company, (hereinafter referred to as "Plaintiff") is an Institution,
conducting business under the Laws of the Commonwealth of Pennsylvania and
brings this action to foreclosure the mortgage between Curtis L. Meixner,
Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee.
Said Mortgage was dated July 18, 1997 and was recorded in the Office of the
Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book
1394, page 723. A copy of the Mortgage is attached and made a part hereof as
Exhibit `A'.
2. The Mortgage is secured by Defendant(s) Note dated July 18, 1997 in the amount
of $15,000.00 payable to Plaintiff in monthly installments with an interest rate of
13.450%.
I The land subject to the mortgage is:
19 Fieldcrest Drive, Mechanicsburg, PA 17055.
4. The Defendant, Curtis L. Meixner is the real owner of the land subject to the
mortgage and the Defendants' address is : 19 Fieldcrest Drive,
Mechanicsburg, PA 17055.
5. The Defendant, Brenda A. Meixner is a borrower on the Note dated July 18, 1997.
A copy of the Note is attached and made a part hereof as Exhibit "B".
6. The Mortgage is now in default due to the failure of the Defendant(s) to make
payments as they become due and owing. The following amounts are due:
Principal Balance $14,200.95
Interest to 11/1/2002 1,104.28
Accumulated Late Charges 840.00
Pay-by-phone 5.28
Deferred Interest 305.04
Property Preservation 210.50
Property Inspections 10.25
Attorney Fees/Costs 3,700.00
TOTAL $20,376.30
plus interest from 11/2/2002 at $5.25 per day, costs of suit and attorney fees.
6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.
6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and
the Notice of Homeowners' Emergency Mortgage Assistance was sent to
defendants September 27, 2002. The Defendant(s) have not cured the default.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for
the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the
sum of $20,376.30 together with the interest from 11/2/2002 at $5.25 per day, costs of
suit and attorney fees.
Law Offices of Gregory Javardian
BY:
JAVARDIAN
No. 55669
Green Woe ? - + noel
conatwr miscount, Company, -Rrnnaa A Mpirnnr
1e01.11artadals OSiv., suit. lag -1q P1.1d ra.r O Loan Number
Caap Rill. PA 17011 11Prhanl reM,rn Da 170 Oats
Maturity Due
LENDER'S NAME AND ADDRESS Loan Amount N
'You' means the Larder, in suecreeson and as " m. BORROWER'8 NAME AND ADDRESS Ren.wal Of
TERMS FOLLOWING A C1 APPLY CNLY IF CHECI(ED "I" Includes each Borrower above, jointly and severally.
Secondary Mortgage Loan
This agreement is subject to the provisions of the Secondary Mortgage Loan Act.
For value reoelvad, I promise to Pay to you At your address listed above the PRINCIPAL sum of ni f h pen Thnnn-nd and
jgp?l n0 DogamS 15 Onn -an -- _
ay ., Advance: I will I..aive all of rhia p.inelpal mum on .+..+.... .tier . No additlonel advances ere oontemplatM wrier Into to.
? Multiple Advw": Tha principal sum shown above is the maximum Amount of principal 1 can borrow under this rote. On -- '
I wW receive the amount of S and future principal advances am contemplated.
You and I agree that I may borrow up m the maximum only one tins (and subject to all other conditions).
Conditim.: Tha conditions for future advances are
INTEREST: 1 agree to pay interest on the outstanding principal balance from An l y 97 1 497
at-the
raw of 11 45n %Par year until Angttet 1 9017
? variable Rate: Notice to bo ' rrower: This document comalnS provisions for a variable interest rate. This rate may then change
err stated below.
Change Dates: Each data on which the interest rate may change is called a Change Date. The interest rate may change
and on every thereafter.
The Index: Beginning with the first Change Date, the interest rate will be based on the following Index:
The most recent Index value available as of the dam ? 46 day. ? _ before each Charge Dam
is "led the 'Current Index.'
Caloulnlon of Change: Before each Change Date, the Lender wall calculate the interest rate, which will be _
the Current Index. The result of this calculation will be rounded -'
.,Tha new interest
rate wit, became effective on each Change Date. SubHet to any limitations below, this will be the new interest rata until the next Change Data.
Limitations: The interest rata w111 never be greater then .%.or less than %,
? The interest rate will never change on any single Change Data by more than %.
!elect of Variable Rate: A change in the interest rate will have the effect of changing the amount of the scheduled payments:
ACCRUAL METHOD: Interest will be calculated on a _. 7n /';An Ray baafd.-
POST MATURITY RATE: I agree to pay interest an the unpaid balance of this mt. owing after maturity, and and paid in fug, at, steted_Lelew:
on the same fixed or variable rate basis in affect before maturity (as indicated abovel.
? at a rate equal to -
® LATE CHARGE I agree to pay a late charge on the portion of any payment made more than 1 r da s after It ia tltee at
-1 n n n n&
? ADDITIONAL
$20 On tohirhatror ' F Qata y r equ to = -
In addition to interest, I agree to pay the following charges
are LJ are not included in the principal amount
PAYMENTS: I agra to pay INe note ere fellows:
240 payments of $180.57 starting on September 1, 1997
and on the let day of each month thereafter.
SECURITY: This note is secured by (describe Separate document by type (e.g., mangagal And dotal:
Mnrrange Dead dateel July 18 1997 .
ADDTIONAL TERMS:
PURPOSE The purpose of the ban is HOME EQUITY
Signawn for Lender
F.. 11) 1111190
REAL ESTATE NOTE
w.. ,tie,. ,ties a. -...r,.., m.. a. a,.,...,n n.aoc...'so.v r",." x., .n non
SIGAIATURES: 1 AGREE TD THE TERMS OF THIS NOTE (INCLUDING
THOSE O pAG . I have reoelvm a copy on mdey'a date.
Cu IS L M xner _ - ---'
Brenda A Meixner
beer . a L
ADOMMAL TERMS Of THE NOTE
GENERALLY - That loadings at We bdgkM,, a I death action art for mrvehience BY amusing any em or coon o1 drAas nmeSaa you do not yWS y your right
ore?' amid xe out to be used I IteMr.anp the tut Mike action. to uae soother Ma"Y Hour. By deoYlvq not to w arty 'Mn?y ehalyd I M I
DENMnONS -'1.' •me- mt..m YOU d. rot gin up row right le mneider tin went a midul, If it happera
h ether a -miry- ..M. min pahwer who alMS Was ate ad pain.
paran or Wadi no, (inrFd'np pW mr.. eda.en, .red curate.)
wha age... a Pay Wa old hogeMn Maned Ip n'ui I. 'You' or •,.- means COSTS OF COLLECTION AM ATTORNEYS' FEES - I agree m mY You E
tin Lad. and he auccuaae ad a.dpha. r Mammas mete roV brow 1o age. file debt or 'daRAS marry deadly. Tits
APPLICABLE LAWks W . T1ds ma Ad oteCa by awe f We d an m .-n- Urged. PraNbh.d by law. 'd.eenYe Makers'.. Ned, The prevlaian 'em state v apv . rep .. rote w it he shall app?' it 1 Ma • p.Mbn a any Wm, dalm for Mel udar arty W:.kZ,eV mb
nn be Informal will net net offset the n11 Of et the MaI Of ddTM faX-&,.
tlut aril part of this or law of We United State., or If ..Oh petNlm a oam, pled. I. rpH e Real
u .coos b. to. Ary change to Wle .palrst run by a omm,
hat. a, any .1'..- Ma ..coop thus ate must Is. N -6 ad sand by you era
me.
PAYMENTS - Each payment 1 make on shay loan w, W .add RNt many chx
I awe o16e1 Ma. p,indpal and hare, than ro Interest that Is dm, one Mall, 1.
Prbdpd last i. da.. No late chap@ wig be autmee4 an My payment whin the
.* qwn h due h ate I.. ..dam on wWl payments ate Vs payment
mymarn. Th. ad emomt at or? fng pryemm will doped On
the forecast rates lit vadabbl aed my payment Iacoal. If my Pal'., dm uMx
this ban time m t equal or .YOmd dr amount If trimmed due, you may, at yaw
apdon. bier.... We amount gel We P-1-t tlw ad all future paMaent. do an
amount twat will pay of this bin In equal payments mar We carheree, arm Of
this loan.
PREPAYMENT I maY proPry Urb Iaan I Mine ar lo pan er my LLrras. If 1 p.mv in
PMI I Lum, multa N lh.k..sah later Payment I th. afglal ahamt M it bemm. tlUe
pad in lug.
INTEREST Intefmt aacnod on the principal m I
meaning .. unpaid Imam time to time,
a did paid in full If -Vxiable Rald I. chocks, An pay 1. 1 will pay bdlerest at the
,tea to H .1, Iran area to Um.. Toe intxmt reel+l and mm, on the
bin will aver OXecad Im A hat rah ar W s akOVwti by lass far lean. It
IM mm. .allied on p.9. 1 Gime to edet. 1 apme that you me, aubatitw+ a
dmlbr
I ndusIa fir added.
MDE - N you wd I have gcad that We anaMit rah m W. ate wig b. vddbN
and will he related m an Lim, than Wo 'mass {vu aeba will iteration city a+ a
.1 1a coning the rote an Who halo. You de not ggu m by adamdno cry hdex,
Mat 1ha 6229. cat. on We our. will haw A particular MINIMAW m and Mxe+t
custoneoyou "Do M .try the, %Me or My typ+?a tlaaa at low with yew ahx
m....
ACCRUAL METHOD - The .mom, of Intoner trier I will my do tNN loan will be
i, ?ilokrcssit calcusuon?me .0.9 reath tl r doshalnetltM nu br of days-In i
year. It no acnual merhad Ie DHad, Me, You may Us. My mamnaNd .mud
mudi far au.d.dp Were.,.
BSNDE ADVANCE LOANS - 11 Was g. a single du. bin you and I <u,mi that
vv . Hm. ro
You he DM will Wind ndlp+I oaIfk. yin ham tlmake anyyMm of fmp+vmrRSmdpoldssakatl mr N the u may aPAYMEria PAYMENTS Otlrramount.
BY LENDER
hlow.
soundest Use be
MULTIPLE ADVANCE LOANS -11 only or a and de NI I.M. you and 1 ape"
that you will make man than ate dwnm of primbal, sub)aet t. We Nm,,dm of
any separate agoadmon.
PAYMENTS BY UNDER . 11 WU an auimmust to pay, on my behalf, Mrgd, I am
obagaad to pay I,Uah a prey dY h.wanO. prcmnmN, than yWmay loin Mat.
M1is Mae. or you ma demaird Ln lead e m .nt of Mm an Me unpaid principal under
may p y the cha rs..
POST-RIATUR1TY INTEREST . bder1H wig aa.ue an Was pine'md bdanm
nrng weds .her Land meiney at the na specilid, an pail 1. Far mrpom
of onto .salon. ldul -1-1- nem..-
(a) On the date of the last sahadud payment of prmosm; as
Ohl On the daa you acmLerah the due date n1 this bin ldemxd takeedlHe
Payl.end
REAL ESTATE OR RESIDENCE SECIIRItY - N tide. W. I..ewred by mad at.. a
I m.iddm. that 1, personal X bera part, 1. d,,a, of . at,,, Aral tote managed
for by mplkahb law, by the tem. of my
..War. mtmfmm oohing In....W, Ina her an. m We satin, had prohibited
by law and of contrary t dr term. of the depbn am?y mend m,' by this
a,Mnrmnt.
ASSUMPTION - Tire ma ead My document decusk, h COahac be dedeMad by
xm.pne buyhp W amend property from male Thi. will M tree yess you a
wddlq b tIW mn1,M. Wllhew auM M ail arrant If 1 fry a VYYIx a?11y
Yfbrdse I dr popMy .haurfnp the cola. I wit G m daaW en Oda ban. Yw may
roused pairwe me wrd. arty dm on Gale owes an Me .aeudly prrmvA whits
Pe anmraoatd by rsfennm.
DEFAULT - Sub).nat to ate E AN Wrk in tin `REAL ESTATE OR RESIDENCE
SECURITY' Parpreph als.. 1 will be in .fauh'on this Mn hid My agreement
eesmrlp Waal bin if am err or mph of We follow........
tat I UE n make A 11. In 1.0 when em:
(bl 1 de, am teclucad Iagmpeant, or become bo.benC
lo) I fall to leap My Fronds. I I.N. coda in camoeWn with dry bee
(of 1 toil to Pay. er k..p My pay Pmmkd M. Any, other JIM or agrmrtdnt 1 hive
wih you;
let 1 makes any -I'-- mhrnmt pr Fnsk. any financial Infenfolbn OUR i..narm
a Inaaau,le at the arm it J. pekw.d;
10 A" .drew of min .".Pa. m Out., any dab, 1 ewe Uxoph ocurs
pmrredlps, setoff a self-help rmoe..Mp:
tat The pr.PMY umrbp this Loan I. demand, destroyed or aWe.:
Od 1 fail to provide anY ddltbnd upookly Wdt'yoUi y reqube;
M Any Legal entity IaoM yartrmhip a dill that e pyrrM to pay
two ro me"... dleeclsm. him" a... and I% bmlee.s r .Who., or a
PAnmr ar ma)mitY etockMdar des ar la dooI di kuUmdooked or
la toll hi Q fir Mpant I awWast e clue caused you m beMa fast yam will Ny. daficuhy
If any of Us I abide an his oh Or
ed.cia your hoda ate ms against My of dl of u..
MMEDMO - Subi.. to any Iimltadens I that
SECURITY' paragraph aboya, ad alter giving
dolauh on the loan. any agm..AI .oaurin, th
(d Make unpaid pinayal, eMOdlot ..eat Md d
untlar this JIM Immediately dud:
flat Was the fight of at.off as explakrd babes;
le) OarhAf+d made mmrilY or Maw paflea OMI,
return for not using any olhar famed,,
lot Make abbe fee any and ail loam.. h
ava,+bl. On my dHwf14
W We My ramd y you nave Under.ala Or led.
lit Ua My ushongy Wen 1a you ham ayamer
krdao 1....... Na" yL hbyy, Ylf ILBOa'b+).aIs 11
I adeity .peamant you may
TEAL ESTATE OR RESIDENCE
I appro ma; mtim. II I .m M
Ax, Va. eery;
that -pled Merge. I a ed you
d as Pay this bin br thew in
efts Or refurda MM ms, a.
law; and
F Lt, ads, bin.
n MN PA eMM]
SET-0ff . I dome man you may eat off any amount due Me payable under tlde
h against any flight I have to retain. money fmm you.
'Right to remise mom,, ram Ym' maAm:
Id Any d.peeit tacaunt talcum I my. with you;
(b) My ..my .wad to ma M M Item M e.ated m YOU ar in yaw P.eassen hr
colbclien Or ..Man'; and,
Id Any mPwMda ageemant a odor nonddpowe abllgedan.
Any ameum due ed I...bid untlar the harp' mane tin told amount of
vddch YOU m andhd to ddmded payment wtlar We terms of the msa at tin time
you at 011. Talk total habeas MY habnm the, due data far wMM YOU m,. W
.meat. undo Nis .1
If my fight to .n. money from you la do, awm d by .dmmm who had not
agrees to pay this rot., your right Of at-Off will Apply to my interest in tin
ob,gadM d to 1 other +vepwne I mid withdraw m my min mquaH or
ardonement. Year m a Of ..of sou cot apply to an account Or wror ebYpeWn
wham y right. only in . rmreaentative paahv. It dm do.. cot apply to
any ldfyicuill Rethament Accpmn harm rtee-MlameredrMrm account.
You will of be Labe for the di.harlar of y cheek when Was deherior .car.
bead... you m1 all this debt Against any of my aacaunn. 1 apes to IoM you
ham'... (ra. any .din claim. a lain' ae msuh of your emha s. of your dpdl of
.tuff.
OTHER SECURITY - Any prompt a haul apreemerd asounng arty days, debt I
owe you also will ...u . the Payment OI this bin. Pm,@m, .d.eln, .nods, debt
will mt Nook.k the WM If BUM PapMY I. my pdnclpal muslin, and YOU IV U.
pmyid. any raqulcad room et right at Ned.ebn. Aide. pmpxty ..c tine amthsr
debt wit no, mows this kin to We axle. ouch paten, 1. I heueamel .we.
OSUGATIONB INDEPENDENT . I ude,etad thde .1 obligation a pay We Won I.
rdepeMant at the obggadM of any edrr preen whe has sea .,,.ad 1. pay 11.
You mass whlrp mdse, times coo a any of m, also up My right you ar, have
kismet any of us. eateM mw audit fa any of us. a reasons or than,. this not.
Or more rinse And for My arm, and I will ar15 be obigetd to pay We bin.
You ou may, without hatlm. fail a pxf ed your ..try Irrigated In, Impale, a Meade
MY =OJkY ate I will doll be obggHed to pay this ben. -
WAIVER - I wain ho Me seen' mema uhl by Iwo) d.rmrd, pra.emm.m, prams,
coda of Oldham, ate mtlm of prom".
P AGY - 1 agree than room dune to time you mayy remlve mdk Ifomatbn shout
run tram adrr., inclWkg.tMr hstlen and mdk rmoninp Aepci.e. I pfer W. I.niM Wnfto may seeking *Oak *Oak inf.houtinh Te the afent. mfamrNial by laaw, I agree
that YOU wit mt be Saloe for arty dal. adds, from We . of InImmatlon
pavlaed to V. by plus. a 1a pa kit fish Information a. comm.
FINANCIAL STATEMENTS . I will g<v. YOU am Mana1al stanmm. U, informadan
Met you feel le reae..ary. All laanelal m[emenh .4 nformedo t I We you we
M correct ate comPleh.
"CHASE MONEY LOAN - If thus 11 a Purchase Money Loan, you may include the
asp of We ages, On tin clock or draft for this bin,
NOTICE Of PROPOSED INSURANCE - I take hunts. tPat gay ahdA Ste kaunnae
and/or group added aacid.nt Ad health inforamat toyafp. IN M adol.dal. to
the contact if m marked on page 1 Of this Camara. and aaM type at ceverees
wit be written by the heurar m cemp.hy nem.d. The Imwam.,a wbje.t to
p1Mm by Me in.aeq com only We p.ran signing the myae for ..an
bwanps Its dash Person ailing'he'doused Is, Joint Instal[ at. Immortal. The
Adman Of Marge Is ladlested ter.aM type el assda kuurMto n ba Pumhaead.
The am a irsuranm will eommanm ad of tfr data the Indebtedness i. imfsad
vbe-Eto7owonv br dimYwvarMid.ea within SO mmitvvdata.1 delivered dfu
me • medlem OI Inswanu coon fully doembbla the ImUmme. In IM ant Of
tlw &Vmant of the gdebtdo.., a refuel of heur.nm charge. will as add when
Norlm TO COMOM
Ym to" ceaymr) ra p.Yeg derd to guardedly We dint. none nfuEy
before you des, If Was borrower doesn't p.Y We dtll, You wit have to. Be sun
You Om .Had to pry If you hoe I., rd Mae you want 1. sop' We
reependbOty.
Yw nr.Y' SAd to pay up ad tin full deesmat al the date If tin bomwer deer
oat pry. Ym also eery hoe a PUY lad Lm. pub.Odon made. whkh Inenaas
Wer at.
The adlter chi m ll.m IN. debt base You without WH tryln, a odder
ham We bealpwr. The -solar oil ms the came calf d. mdehde Saban
Va. thad me M uad pakey the hey.. mph as hip you, SMA.him, Your
wigs., ea. It tab debt le asked In default. that tea eery be... pan of Yaur
nrdg, raped.
Tab .ado k cot flu ImarAa cast makes You Ilshe la the debt.
Mach FTC'PraarvNi.n of Conform, CWme
and plmam' Nadm if Appllmbe
• fvd o2of 2l
P.Z117CLER
:.CORDER OF DEEDS
C!(?k18ERLAND COUNTY-[
-.97 41111 &&on?4]t6 ` t PQSylvama
1
8000 3? 11
Space Above This Line For Recording Data .. I
OPEN-END MORTGAGE Applicat?.n 9707173713
This Mortgage secures future advances
July 18, 1997
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ....................... ....._._........ and the
parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR: Curtis L Meixner
single person
? If checked, refer to the attached Addendum incorporated herein; for additional Mortgagors, their signatures and
acknowledgments.
LENDER: Green Tree Consumer-Discount Company
3401 Hartzdale Drive, Suite 132
Camp Hill, PA -.17G11-
2. CONVEYANCE. For good and valuable consideration. the receipt and sufficiency of which is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains,
conveys and mortgages to Lender the following described property:
See Exhibit A
The property is located in ..................Cumberland ..............:.........................._:... az ..._...............................
...... (Couo[v1
............................................................ .......
Pennsylvania ,17055
(Addraw) (City)
RIP Cudq .
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 it
any time in the future, be part of the real estate described above (all referred to as "Property").
3. MAX WUM OBLI??J% L IT. The total principal amount secured by this Security Instrument at any one time shall not
exceed $ ............... ..................................... . This limitation of amount does not include interest and other fees and
charges validly made pursuant to this. Security Instrument. Also, this limitation does not apply to advances made under die
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:,
A. Debt incurred under the terms of all promissory nore(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extensions, renewals. modifications or substitutions. (When referencing the debts below it is
suggested that you include items such as borrowers' names, note amounts, interest rates, matudry dates, erc.)
Note dated July 18, 1997, between and Curtis L Meixner, Brenda A Meixner, for
$15,000.00 maturing August 1, 20.1.7.
PENNSYLVANIA • MORTGAGE (NOT FOR FNMA. FHLMr- FHA OR VA USE) /pegs 1 of 61
0IJ44 SW. SYWr Ina. R6 .MN 11-800397-1341) F., AEI TaaA 12119,94
7.: :Z 4.0ZZ394 600R1394PAGE 7A'
"
S. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Leader-under any promissory
note, contract, guaranty. or other evidenm of debt executed by Mortgagor in favor of Lender gcecuia4er,this.§eeurity
Instrument whether or not this Security Instrument- specifically referenced. If nwre than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instiumnic will secure all future advancesaric"ituce obligations =
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All futttxc_
advances and other future obligations are secured by this-SRarit Instntment even though all or part may trot 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 c:onstituteacommitmeni to make additional or future loans or advances in any
amount. Any such commitment must be agreed to in a separate writing, -
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited-by law, including, but not
limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced-and expenses-incurred by Lender under the terms of this Security
Instrument.
This Security instrument will not secure any other debt if Lender fails to give any required notice of the rAght of rescission-_- -_i
S. PAYNYENTS. Mortgagor agrees that all payments under i£re Secured Debt will be paid when due 'W Min accordance with t9
terms of the Secured Debt and this Security Instrmnent.. _ _ _ - _ _ -{ - -- - -- -
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of Me estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that
the Property is unencumbered, except for encumbrances of-record.
7. PRIOR SECURr M_T_TTE1ZM9. Wtliregard to any other mortgage, deed of crust, sectinty agreement or 01 =L
document that created a prior security interesr or encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor rzceives.f om the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured
by the lien document without Leader's prior written consent. - -
S. CLAIMS AGAINST TI fL1TMorigagor will pay A taxes, assessments, liens, encuntkmmces, lease payments, ground mtts-
utilities, and other charges relating to the Property when due. Lender may require Mortgagor to prTv de 19 LzSntler copies of aiL
notices that such amounts are due and the receipts evidencing Mortgagor's paymerF Mortgagor wiII-efend titre to' cue -
Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to-assign to Lender. as - -
requested by Lender, any rights, claims or defenses_Iortgagor may have against parties who su?tply labor or materials
_ to _ Y
maintain or improve the Property.
9. DUE ON SALE OR ENCUMBRANCE=T-endet may, at its option, declare the enure balance o the Secured Dedr? to be' T
immediately due and payable upon the creation of, or contratx_fondte creation of. any lien, encumbrance, transfer or sale of the -
Property. This right is subject to the restrictions imposed by federal Jaw .(12 C.F.R. 5913, as appPswble: i'li s covenant shall
run with the Property and shall remain in-elIzt anul the Secitr_&_f-D-e5i is paid in full and_ihis-s-munty Instrument is released,
lo. PROPERTY CONDITION. ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in geed condition and
make all repairs that are reasonably necessary. Mortgagor shall nor commit or allow any waste, impaimtem- or deterioratincr of
the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor 4gr=$_1hat._thg nature vf.ths
occupancy and use will not substantially change without Lender's-prior written consent._Mrragagor will not permit any change-_ -
in any license, restrictive covenant or easement without Lender's prior written consent- Mortgagor will notify Lender of all -
demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Propcay.
!page ? of o/
f"?J 3?nys°-Yftynf. 1^., 9t. C'Wtl. MN 11-000-397-23, fOfm RE-MTWPA ,y„nA euor<1394ea% 724- -
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property. Lender shall give Mortgagor notice 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 benefit 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 the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall
not create an obligation to perform, and Lender's failure to 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 discontinued or not carried on in a
reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including
completion of the construction.
IZ. 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 otter written
or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals,
modifications or substitutions of such agreements (all referred to as "Teases") and rents, issues and profits (all referred to as
'Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security
Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as
to third parties on the recording of this Security Instrument, and this assignment will retrain effective until the Obligations are
satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due
or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all
Rents due or to become due directly to Lender. On receiving" notice of default, Mortgagor will endorse and deliver to Lender
any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the
Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants
that no default exists tinder the Leases or any applicable landlord/tenaur law. Mortgagor also agrees to maintain and require
any tenant to comply with the terms of the Leases and applicable law.
13. LEASEHOLDS; CONDOMWRMB; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Itutntment is on a leasehold. If the Property includes a unit in a condominium or a
planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of
the condominium or planned unit development.
14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due.
Mortgagor will be in default if a breach occurs under the terms of this SecurityInstrttment or any other document executed for
the purpose of creating, securing of guarantying The Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entry obligated on the Secured Debc or that the prospect of any payment or the value of
the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice
of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if
any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor
is in default.
At the option of Lender. all or any part of the agreed fees and charges, accrued interest and principal shall bec?te immediately
due and payable, after giving notice if required by law, upon the occurrence of a default or anytime theteaher. In addidor,
Lender shall be entitled to all the remedies provided by law, the terns of-the Secured Debt, this Security Irutntmem and any
related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided
at law or equity, whether or not expressly set forth. The acceptance by Lender of any stun in payment or partial payment on
the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver
of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default,
Lender does not waive Lender's right to lane consider the event a default if it continues or happens again.
91904 8y .. IiI., m<.. Se. Cle d. NIN '1.aoa-,E :not) :> _. =#ITmaq 11:19NA oaoxi394PAGE 725
16. EXPENSES; ADVANCES _?C0'MVQ' ; ATTTO&NEYS-, FEED _?6LLECTION COS[5 i when ! } ?`?_
by law, Mortgagor a reel prohibited
Y brew to pay all of Lender's expenses if Mortgagor breaches any cove tun t in :jh is - t
Securi y Instrument. _
Mortgagor will also pay on Cleland any amqunt incurred by Lender for insuring, inspecting; pr ing or otherwise
protecting the Property and Lender's security interest. These expenses will bear interest from the datenf the payment until paid `
in full at the highest interest rate is effect as provided in rEe terms of the Secured Debt. Mortgagor agrees-to pay all oats and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument-
This amount may include, but is not liner, attorneys' fees, court costs, anti oiherla-&penses. 'I7us Security tastntmenc
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS--SUWrANCES. As used-16 tTiis aecaon, (I) Envtro ttnm ntal Law means;
without limitation, the Comprehensive Environmental Response, Compensation and Liability Act MCa._ 42 U.S X.!VDL_.
et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
interpretive letters concerning the public health, safety, welfare, environment or a hazardous substaiax: ana (2) Haz;Fnd5nt s-
Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which -
render the substance dangerous or potentially dangerous to the public health, safer
y, _ welfare or environment. The num. _
includes, without limitation, any substances defined as "hazardous material," "toxic substances,." 'hazardous waste" or
-
"hazardous substance" under any Environmental Law, _
Mortgagor represents, warrants and agrees that. - - -
A. Except as previously disclosed and acknowledged in writing. to Lender. no Hazadous Substance is or will be lucated?_
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 evertenWhave been, Area .
shall remain in full compliance with any applicable Environinenral Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concemigq the Pioperty. In such an evem.-
Mortgagor shall take all necessary remedial action in accbicl-ance with any Environmental Law
D. Mortgagor shall immediately notify Lender is iiddug as soon as Mortgagor has reason to believe there is an
threaened investigation, claim, or proceeding relating to the release or threatened -release of any HnZd.ous Sub t nZe or
the violation of any Environmental Law.
18. CONDEMNATION. Mortgagor will yve Lender promptnotice of any pending or threatened action, b -
entities to purchase or take any or all of the Pro y private or public
party through coodemuarion, eminent domain. or my other nears. Mortgagor
authorizes Lender to intervene in Morgagor'-s, name in any of the above described actns. or claims-Mortgagor. assigns to -
Lender the proceeds of any award or claim for damages connected with a condemnation orother talang of altos 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 aereem(mt or -Jwti dactt rut -_
14. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards -anti risks reasonably - -
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods -
that Lender requires. The insurance carrier ptpviding the lnsiuance shall be chosen by Mortgagor subject t6TtGder's approval.- -
whic:h shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage.described above. Lender may, at
Leader's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Inbaumem,
All insurance policies and renewals shall be acceptable to render and shall include a standard "mortgage cl?hse"'and, where
applicable, "loss payee clause." Mortgagor shall immediately notify Lender of tancelLuion or termination of the in mn?
Lender shall have the right co hold the policies and renewals. If Lender requires. Mo y give to -
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor o give immediate shall tce to tarel ve to canter
alve immedi nonce to the insurance cattier
and-Leader. Lender may make proof of loss if not made immediately y Mortgagor.
immediately Y=.
8GGKi394PAGE 726
e ,9ty 9MW"'" 1Yrtem", Inc-Sc. O .MN 14800. 397-23111 F9nn99.Mr0Aj 12/tOMI _ _ --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 die due date of the scheduled payment nor change the amount of any payment. Any excess will he paid to the
Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shalt pass to Lender to the extent of the Secure! 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 ADDI'T'IONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any
financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional documents or certifications that Lender may consider 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 LTABILM, 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 Secured Debt and
Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any parry indebted under the obligation. These rights may include, but are not limited to, any
and-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, mollify
or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument, The duties and benefits of this Sectiriry
Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender.
23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located. Thu Security Instrument is complete and fully integrated. This Security Instrument may not be amended or
modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured
Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by
written agreement. If any section of this Security instrument cannot be enforced according to its terms, that section will be
severed and will not affect the enforceability of the remainder of this Security Insmnnent. Whenever used, the singular shall
include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for
convenience only and are not to be used to interpret or define the 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 party's address on page 1 of this Security Instrumem, or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property.
BOON?39?PAGE 727
t •99: 3unan sys , 1r ., 31. Clo MN 11-806397,2341) /Page 5 of 61
Form gE•MTG•Pp 13/1 G/Gtr
26. OTHER TERMS. If checked, the following-are applicable to this Security Instrument:
? Line of Cretht, The S-ccumd Debt i icludes a revolving Jim of rrrcdit provision. Although the Secured Debt-may be
reduced to a zero balance, this Security Instrument Hill remain im-effett until released.
? Construction Loan. Tbis Security Instrument secu= an obligation incurred for-the cansttuation of= improvemem on
the Property.
? Fixture Fling. Mortgagor giants to Lender a security interest in all goods that MQttgagor ow6S_now_or in Elie future
and that are or will become fixtures relat& o the Property. This Security insttumetu suffices as a financing Statemern
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform
Commercial Code__ _ __ - .- -__ __ _ - - -- - °_?_ =
? Purchase Money. This -gwntity Instn,mnnrce cums-advances by fxndtr uscAja whole Qr_in pan to a quire the
Property. Accordingly, this Security Instrument ant- the ll=hemtoder, is and ghat! lr consuutd-w-a purchase money
mortgage with all of the rights, priorides and benefits thereof-under the laws of the-Comomonweaba Ff Pewuyli aoia _ -
? NOTICE. T0-SORA01VTRf-TR S---DC7CUMENT CONTAINS. PREVISIONS fDW- • Y1UA_$,LE•„ _
INTEREST RATE.
? Riders. The covewnrs and agreements of each of the riders checked below-am_incotporateiinto anti Svpplemeni and
amend the terms of this Security Instrument.. (Check all applicable boxes]
- - - --
-Condominium Rider . MPlan-netlUnit -De7teiopmenr lYider-El Othei......•,.,,;,:-._.._..?. . :.......e,,..
? Ad tronal-•Terms• _._,_ _? _-_ z ?-.?_?. _?s-?.?--=•_.. ? - _
SIGNATURES; By signing below. Mortgagor, intenciing'Co be_le all bound hereb , as the to
8 Y Y ,i4e<64 rantlcovgpants et?inetJ
in this Security I 'uvmeut and in any attachments. Mortgagor also acknowl_sdges receipt of a copy of das_Security Instrument on .
ire dat tat page 1. - -
.. _......_
f$i?lii 1 Cu T, ?l(f? l Yt - . ?(Date). - U1R? - •,. u rr'_. -.. _ _
(witness) ttwine331 -
ACK4OWLEDGMENT.- _
COMMOh1WEALTH OF ...Perlrl$yZuaSi ry
! Y.
ss.
wnxw On this. the ......18th .... daX oE.? Lk ......... hire ley ., the undersigned officer, personally appeared Clsrei9 r. ne7 eerr t
-
...•..••••••••.••••••••.?...r--'---.??_, b.,nwn301Ue (Qr exricfif•rnrily proven to be
the person(s) whose name(s) is subscribed to the within instrument. and acknowledged, dtacltetsba executed the camp .
for the purposes therein contained. _ -- .. - --' _ - -.. _
In witness whereof. I hereunto smmy hand and o cial seal. -
NOTARWLSEAt.
My c DIR3
otmn 9oW4MT. k4drko.0MMkblc Oni1tf9,0anb fWWC.etnny u.L.U9?il. ? t?...,...... r
rattfcertltnrsat9nF7tq?sruyrr, tugs .?•'.-'.'......
.....
.11.?LS...._.-? ? ........:..... _.
Tkk,.f nm«r
It is hereby certified that the address of the -Lender wiPA named is: ... Gr...e :. en .... tee CaOSURer Diaco,..=t, _ comgp -
7101 dar t 3d PA
aie Drive. SVitq 1?? ilazFiabur4.•• 7701.1
s
??•
.......?:.... •,; _•J -- /1/`?+1.-?"=ll? -
' ]!+ 9rtn•. Synem9, L1c., Se. da,a, MN 11400-397.23411 Perm ar•MrG.P4 13119194
- e
Booki394 PAGE 728
fpaya dot at.. y
• M
Exhibit A
Legal Description:
All that certain property situated in Silver Springs Township, Cumberland
County and the state--of Pennsylvania being more fully described in deed records
dated.05/14/92, recorded 05/19/92, appearing amodgr the land records of the county of Cumberland and the state of Pennsylvania, set forth above in the book
volume R-35, page 279. _
Parcel .ID: 38-23-0571-087 -
State of Pennsylvania
County of Cumberland 86
R'co' ded i the office for the recording of Deeds
act. and f erlandgCounty
witne hand al
in V da pie
Carlisl in- n ?e
:. ` - ,y Adis u
%
Eaod394racE 72S `'?
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
September 27, 2002
CURTIS L. MEIXNER BRENDA A. MEIXNER
19 FIELDCREST DRIVE 19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055
CURTIS L. MEIXNER BRENDA A. MEIXNER
633 CONGRESS 633 CONGRESS
NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
Counseling Agency.
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE ELCONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S): CURTIS L. MEIXNER & BRENDA A. MEIXNER
PROPERTY ADDRESS: 19 FIELDCREST DRIVE, MECHANICSBURG, PA 17055
LOAN ACCT. NO.: 6800037118
ORIGINAL LENDER GREEN TREE CONSUMER DISCOUNT COMPANY N/K/A
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
CURRENT LENDER/SERVICER: CONSECO FINANCE CONSUMER DISCOUNT COMPANY
F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you
application.
NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING
OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located
at: 19 FIELDCREST DRIVE, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
fallowing amounts are now past due: 5/1/02 thru 9/1/02 at $808.12 per month.
Monthly Payments Plus Late Charges Accrued: $6,818.13
Administrative Difference: $36.47
Deferred Interest: $0.00
Attorney fees: $50.00
Other: $0.00
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $6,904.60
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable):
N/A
HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of
this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,904.60
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or
money order made Payable and sent to: CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE,
TEMPE, AZ 85283, ATTENTION: THOMAS CAMPBELL.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter. (Do not use if not applicable) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclosure upon your mortgage proverty
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to oav
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by
paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriffs
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER-
CONSECO FINANCE SERVICING CORP.
7360 SO. KYRENE
TEMPE, AZ 85283
TEL NO. (888) 315-8733 x 36305
ATTENTION: THOMAS CAMPBELL
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You _ may or XX may not (check one) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THELENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
V yours,
AIfORNEY FOR LENDER
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
#k###kk##kk##k##k##k##kkkk#k###kk##k####k#kk####kk###k###k###k##########
This is an attempt to collect a debt and any information obtained will be used for
the purpose.
Unless you dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within thirty (30) days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
4. If you notify our offices in writing within thirty (30) days of receipt of this notice,
our offices will provide you with the name and address of the original creditor, if
different from the current creditor.
CUMBERLAND COUNTY
HEMAP Counseling Agency List as of 4/1/02
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of Franklin
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
7172322207
PHFA
2101 North Front Street
Harrisburg, PA 17110
800-342-2397
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
VERIFICATION
The undersigned hereby states that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge, information and belief. The
undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unswom falsification to authorities.
?- RI
Ruth Hernandez, Foreclosure Manager
(} D
mac.
A?
Al ?
s?
1 6
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-05626 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER ET AL
VS
MEIZNER CURTIS L ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
MEIXNER CURTIS L
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT FOUND as to
the within named DEFENDANT MEIXNER CURTIS L
PER POST OFFICE, THEY MOVED SO LONG AGO THAT A
CHANGE IS NO LONGER ON FILE.
Sheriff's Costs: ;So answe
Docketing 18.00
Service 6.21 Not Found 5.00 Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
39.21 GREGORY JAVARDIAN
12/09/2002
Sworn and subscribed to before me
this
l y - day of
JairA A. D.
Pr h notary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-05626 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER ET AL
VS
MEIZNER CURTIS L ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
MEIXNER BRENDA A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT FOUND , as to
the within named DEFENDANT MEIXNER BRENDA A
PER POST OFFICE, THEY MOVED SO LONG AGO THAT THERE
IS NO LONGER A CHANGE ON FILE.
Sheriff's Costs: So answer .
Docketing 6.00
Service .00
Not Found 5.00
ZW. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 GREGORY JAVARDIAN
12/09/2002
Sworn and subscribed to before me
this day of
A.D..?
? - ?1?, n Q ? 10 e
Pr h notary
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PLAINTIFF
VS.
NO. 02-5626
CURTIS L. MEIXNER
(MORTGAGOR, REAL OWNER AND
BORROWER)
BRENDA A. MEIXNER (BORROWER)
DEFENDANT(S)
COMPLAINT IN
MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an
Additional thirty (30) days.
Dated: December 18, 2002
BY:
v ian, Esquire
9 1 Boulevard
Floor, S Vie 101
uthampton, PA 18966
-' ,?
__ :? ?s
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--. era
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05626 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER ET AL
VS
MEIXNER CURTIS L ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFRNnANT
MEIXNER CURTIS L
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick
to wit:
He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On January 24th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 57.20
.00
94.20
01/24/2003
GREGORY JAVARDIAN
So answers:
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this
dP day ofl- _
c2 3 A.D.
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05626 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER ET AL
VS
MEIXNER CURTIS L ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
MEIXNER BRENDA A
but was unable to locate Her
deputized the sheriff of YORK
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On January 24th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
01/24/2003
GREGORY JAVARDIAN
Sworn and subscribed to before me
this day of
Z-? av3 A. D.
to wit:
in his bailiwick. He therefore
So answers•
R. Thomas Kline
Sheriff of Cumberland County
wax. 01IrL?Qu/
??- Prothonotaty
- YORRTOWNE BUSINESS FOMRS • (717) 225-0'• 53 • FAX t717) 225-0367
r^
r
1J
Y'
OF SERVICE CALL
-
COUNTY YORK 771-9601
1 Of z OFFICE OF THE SHERIFF (?i71
.
28 EAST MARKET ST , YORK, PA 1740 INSTRUCTS NE DPIEuS 12
"NE
1)0 t
PL TYPE 0"L
40 pETAC14 A
SHERIFF SERVICE 2 OOURT NUMBER
PROCESS RECEIPT and AFFIDAVIT OF RETURN 02_5626 civil
TYPEOF WRIT OR COMPLAIN . in
q
wt..t i f'.P- and complaint
Conseco Finance FIR
3. DEFENDANTISI et al
COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF
Curtis L. Meixn
5. NAME OF INDIVIDUAL,
TWP., ATE AN .
ST
SERVE Curtis L. Meixner PA 17070
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY , BORO,
New Cumberland,
633 Congress Avenue ? DEpuTIZE
AT ? PERSON IN CHARGE
7. INDICATE SERVICE: ? PERSONAL 120 SHERIFF OPT CO COUNTY to execute this
--
NOW plaintiff.
made at the request and risk of the p
- Fairview 'lowtt)OTHER
O 1ST CLASS MAIL ? POSTED
o he eby deputize the sheriff of
ITY; PA, d/return them g -
to law, This deputization being
OUT OF COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC CUMBERLAND
ADVANCED FEE PAID BY ATTY de u sheriff levying upon or attaching any property under within writ may leave sai o, deputy
the 11. DATE FILE
E ON WRIT OF EXECUTION: o geyVoN aft ?no? {A ?g person of levy or attachment, without liability on theoaTELEPHONE NUMBER sheriff tDA2 FILE
NOTE: ONLY APPLICASL before sheriffs sale thereof 215 15_9 42 _ 9 69 0 12 -
without a watchman, in custody of whomever is any found in e possession,
101
herein for any loss, destru LDD 1ST FL
ESS of ATTORNEY 1 ORIGINATOR and SIGNATURE
g, TYPENAMI*.aggq %ARDIAN 1310 INDUSTRIAL B. STE
lil?k. n n 1 R Q F nrnr rThis area must be completed If notice is to be mailed).
13. 1acknowledge receipt ofthewrit R AHRENS
)
or complaint as indicated above. POSTED(
RESIDENCE ("Q
16. HOW SERVED: PERSONAL( ) use 1 am unable to locate the individual
hereby cerGN and return a NOT FOU EpT ADDRESS HEF IF NOT SHOWN F
17. ? _ __ ..,,,wrnuAL SE V i
POE ( ) SHERIFF'S OFFICE ( )
._ shove. (See remarks below.)
Pound
29 31. Surchg. 32. Tot. Costs
ry
30
57.20 33. Goss u?? ?'
17'60
l?
sts 25. NIF
C .
al
5x?N
Mileage 27. Postage 21%55.
26.
4
go
Total Costs
3g.
d 40. Costs D
o
23. Advance Cos s 24. Service
0
24 2
9.20 Notary Cert. 38. MileagelPos
37 tedlNot Foun
.
75. 0
Advance Costs
35 36. Service Costs .
S SWERS 45. C
.
34, Foreign County Costs 47.
1 6
- Of
Signature
41. AFFIRMED and subscribed to before me his
JAN
t°Y riff
Signature of
County heriy v-
49.
42. day of
MELISSA Jof. SHAF,
YorkP or
coup 29i2 00
il
NILLIA HOSE i
i
?Ity
A MY Cotnmtsslo^ XP
n Pr
,// 48. Signature of Foreign
County Sheriff 51. DATE RECEIVE[
p0 NU1 `14 DATE RECEIVE
D 9-03
CUMBERLAND CO SHERIF 1_6_03
SPADE BELOW FOR USE OF THE SHERIFF ? SEE REMARM
OTHER(X -
z Of z
Yo RK OWNS BUSINESS FOURS -(717) 225-0363 - FAX 1717) 225-0367
r
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1
3.
Conseco Finance Consumer Discount, Company
SERVICE CALL
(717)771.9601
INSTRUCTIONS
PLEASE TYPE ONLY LINE i THRU 12
DO NOT DETACH ANY COPIES
2. COURTNUMBER
. TYPE OF WRIT OR COMPLAINT
Brenda A. Meixner I Notice and Complaint in
SERVE 5 NAME OF INDIVIDUAL COMPANY CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO B LE IED, ATTACHED OR?SOLD.
Brenda A. Meixner
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
AT 633 Conqress Avenue New Cumberland PA 17070 Fairview Township
7. INDICATE SERVICE. J PERSONAL J PERSON IN CHARGE )X DEPUTIZE I ? 1ST CLASS MAIL J POSTED JOTHER
NOW January 20 _ I, SHERIFF OF'I11111111R4P COUNTY, PA, do hereby deputize the sheriff of
°r COUNTY to execute thi
SJrf? return thergording
to law. This deputization being made at the request and risk of the plaintiff. _ •?'` ?=?4='=,?,?- ,-y.??.r ter"%_ _
SHERIFF OF O 1Yv
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINra CFRVIrr ..., .,... _.,.
OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID Y ATTY
nv I c: UNIT AFFLIUABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
1. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE
10. TELEPHONE NUMBER 11, DATE FILED
GREGORY JAVARDIAN 215-942-9690 12-20-02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF
LsV IV V 1 VVr1I 1 G 13CLq'
13. I acknowledge receipt of the writ R. A H R E N S 1 a. DATE
or complaint as indicated above. 1
16. HOW SERVED: PERSONAL RESIDENCE (y() POSTED( ) POE( ) SHERIFF'S OFFICE(
)
17. J I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.,
18. N" AND TITLE PpF INDIVIDUAL SERVED / LI ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant)
21 Ar FTC nor r ,,, u Ie Time Ivilles Int. Date Time Miles Int. Date Time Miles In Date
22.
Advance Costs 124. Service Costs 25. N/F 26. Mileage
34. Foreign County Costs 35. Advance Costs 36. Service
OTHER{ ) SEE REMARKS BELOW
71
19. ate of S rvice 20. Time of Service
400
ne Miles Int. Date Time Miles Int.
'ostagel 28. Sub Total 129. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due or Refund Check No.
37. Notary cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs n,,a ?, Rof,, H
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SERVICE CALL
(717)771.9601
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12
a 1. PLAINTIFF/S/ DO NOT DETACH ANY COPIES
'.-"UI1secxV Y_i ndflC'e C , hD clli(ik 2. COURT NUMBER
yt:'(!UlltV °?:3rlr±.'f!1-.
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT
rtr;{3a A. ? fix 7 Notice and Cr?^??_ai.1t its
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO B LEV ED, ATTACH D, OR OLD.
FT2nda A. Fieix,.jer
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, B)RO, TWP., STATE AND ZIP CODE)
AT 633 Con ess A vent to New C t ^t r 1 an r
1. INDICATE SERVICE: U PERSONAL ? PERSON IN CHARGE DEPUTIZE
aT-V I - X4t IL U 1ST CLASS MAIL U POSTED U OTHER
NOW ant, 7 r;.
20 I, SHERIFF OFD COUNTY, PA, do hereby deputize
?'?r tie heriffof
COUNTY to execute this Wri."nd make'relurn,therI i g
to law. This deputization being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING: sFRViro. SHERIFF OF `f?f C6UNTY
itl a',i( ( c 'DAM Y TATTY
I
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
t ?:. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE
Std
r '- - 10. TELEPHONE NUMBER 11. DATE FILED
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be wmpleted if nouce,is to be mailed). 1 H f f 2 `U L /. ' -",) _
I _.J R/:.: Irl lNfl Ftl -''J!F IFF
acLUVV 1-UH USE OF THE SHE
13. acknowledge receipt of the writ
or complaint as indicated above. ' (• (? t1 k. ±`j 4
16. HOW SERVED: PERSONAL (•?) RESIDENCE (-.) POSTED(
)
17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual,
18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN At
'.x. .1 s
21. }ATTEMPTS Date Tme Mlles Int, Date Tme Miles I?/ i
1
22 REMARKS
14. DATE
POE ( ) SHERIFF'S OFFICE ( )
inpany, etc. name above. (See remarks below)
iVE (Relationship to Defendant)
Int. Date Time Miles Int. Date
23. Advance Costs
I '1 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31.
34. Foreign County Costs 35: Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found
41. AFFIRMED and subscribed to before me this r
42. day of ' ' - 44. Signature of -,
------
20 _r.j 43. PROTHY (NOTARY ----Dep. Sheriff
C 46 'Signature of Yorv
County Sheriff
!
48. Signature of Foreign
50. ACK LEDGE RE IPT OF, E SH RIFFS E L County Sheriff
OF A HORIZED ISSUING AUTHORITY AND TITLE SIGN TURE
t. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE -Sheriffs Office
.;
ctroLU 115. Expiration/Hearing Date
OTHER ( ) SEE REMARKS BELOW
19 gate of Service 20. Tme of Service
Time Miles Int. Date Time Miles
32. Tot. Costs 33. Costs Due or Refund
39. Total Costs 40. Costs Due or
• F.
51.
45. D7E
i -
47. DATE
49. DATE
LAW OFFICES OF GREGORY JAVARDIAN
$y: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
7360 SOUTH KYRENE
TEMPE, AZ 85283
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5626 CIVIL TERM
vs.
CURTIS L. MEIXNER (MORTGAGOR
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against CURTIS L. MEIXNER
(MORTGAGOR REAL OWNER AND BORROWER) and BRENDA A. MEIXNER
(BORROWER), Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days
from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs
damages as follows:
As Set forth in Complaint $20,376.30
Interest 577.50
11/2/02 to 2/20/03
TOTAL $20,953.80
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown
above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
50F ?A/VARDIAN, ESQUIRE
y for aintiff
Damages are hereby assessed as indicated.
DATE: !?iL - Q!L ai=3
PRO PROTHY
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY
Plaintiff
V.
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
Defendants
In The Court of Common Pleas
CUMBERLAND COUNTY
No. 02-5626 CIVIL TERM
TO: CURTIS L. MEIXNER (MORTGAGOR, REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
DATE OF NOTICE: 2/5/2003
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims se 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.
Cumberland County Bar Association
Lawyer Reference Service
2 Liberty Avenue
Carlisle, PA 17
(800)990-9
(717) 249-316
dr-f-r?
Gregory Javardian, Esquire
1310 Industrial Boulevard
ls` Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta
notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba
alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes.
Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no
tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE"
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LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5626 CIVIL TERM
VS.
CURTIS L. MEIXNER (MORTGAGOR
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) Defendant(s), CURTIS L. MEIXNER (MORTGAGOR REAL OWNER AND
BORROWER) and BRENDA A. MEIXNER (BORROWER), is/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.
(b) Defendant, CURTIS L. MEIXNER (MORTGAGOR REAL OWNER AND
BORROWER), is over 18 years of age, and resides at 633 CONGRESS AVENUE, NEW
CUMBERLAND, PA 17070.
(c) Defendant, BRENDA A. MEIXNER (BORROWER), is over 18 years of age, and
resides at 633 CONGRESS AVENUE, NEW CUMBERLAND, PA 17070.
(d) Plaintiff, CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A
GREEN TREE CONSUMER DISCOUNT COMPANY, is an institution conducing business under
the Laws of the Commonwealth of Pennsylvania with an address of 7360 SOUTH KYRENE,
TEMPE, AZ 85283.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
GRE OR RDIAN, ESQUIRE
v t- '7i
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LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
ISTFLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
No.: 02-5626 CIVIL TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1
I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants'
certified and regular United States mail and all lien holders or judgment creditors of record as
required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below.
(See attached Exhibit "A").
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
CURTIS L. MEIXNER
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013-3387
Dept. of Public Assistance
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
BRENDA A. MEIXNER
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
Tenants/Occupants
19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
PA Department of Public Welfare
Bureau of Child Support Enforcement
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
Beneficial Consumer Discount Company
1 South Hanover Street
Carlisle, PA 17013
Westfields Community Association
619 South Market Street
Mechanicsburg, PA 17055
Dated: 51-F 11,03
GREGO AVAR AN, ESQUIRE
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May 9, 2003
TO:
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
CUMBERLAND C.C.P. NO.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
ALL PARTIES IN INTEREST AND CLAIMANTS
CURTIS L. MEIXNER (MORTGAGOR, REAL OWNER
AND BORROWER)
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY
CURTIS L. MEIXNER (MORTGAGOR, REAL OWNER
AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
02-5626 CIVIL TERM
The above captioned property is scheduled to be sold at Sheriffs Sale on SEPTEMBER 3,
2003 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013. You may hold a judgment on the property, which maybe extinguished by the sale. You may
wish to attend the Sheriff's Sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
Sincerely,
Gregory va &i, squire
Law Offices of Gregory Javardian
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, PA 1,3966
(215) 942-9690
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Green Tree C D fka Conseco Fin C D C is the grantee the same having been
sold to said grantee on the 3rd day of Sent A.D., 2003, under and by virtue of a writ Execution issued on
the 15th day of May, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term,
2002 Number 5626, at the suit of Conseco Fin C D C fka Green Tree C D C against Curtis L Meixner &
Brenda A is duly recorded in Sheriff's Deed Book No. 259, Page 3033.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this N ej day of
O? , A.D. 2003
. ° E
R corder of Deeds
Recarft
of nE,4
Mwtlq '
commip*nea ? of Jam 2W
Conseco Finance Consumer Discount In The Court of Common Pleas of
Company f/k/a Green Tree Consumer Cumberland County, Pennsylvania
Discount Company Writ No. 2002-5626 Civil Term
VS
Curtis L. Meixner and Brenda A. Meixner
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendants, to wit: Curtis L.
Meixner and Brenda A. Meixner, but was unable to locate them in his bailiwick. He
therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real
Estate Writ, Notice of Sale, and Description, according to law.
YORK COUNTY RETURN: Now, on July 17, 2003 at 1:15 o'clock PM, served
the within Real Estate Writ, Notice of Sale and Description upon Curtis L. Meixner, by
handing to Brenda A. Meixner, wife of defendant, and making known unto her the
contents thereof at 633 Congress Ave., New Cumberland, PA 17070. So answers:
William M. Hose, Sheriff of York County, Pennsylvania.
YORK COUNTY RETURN: Now, on July 17, 2003 at 1:15 o'clock PM, served
the within Real Estate Writ, Notice of Sale and Description upon Brenda A. Meixner, by
handing to Brenda.A. Meixner, and making known unto her the contents thereof at 633
Congress Ave., New Cumberland, PA 17070. So answers: William M. Hose, Sheriff of
York County, Pennsylvania.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on July 9, 2003 at 10:18 o'clock A.M., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Curtis L. Meixner and Brenda A. Meixner located at 19 Fieldcrest Drive,
Mechanicsburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Curtis L. Meixner, by regular mail to his last known address
of 633 Congress Ave., New Cumberland, PA 17070. This letter was mailed under the
date of July 29, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Brenda A. Meixner, by regular mail to her last known address
of 633 Congress Ave., New Cumberland, PA 17070. This letter was mailed under the
date of July 29, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Gregory Javardian for Green Tree Consumer Discount
Company fVa Conseco Finance Consumer Discount Company. It being the highest bid
and best price received for the same, Green Tree Consumer Discount Company f/k/a
Conseco Finance Consumer Discount Company of 7360 S. Kyrene Road, Tempe, AZ
85283, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of
$1004.02.
Sheriffs Costs:
Docketing $30.00
Poundage 19.69
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.90
Out of County 9.00
York County 41.68
Levy 15.00
Surcharge 30.00
Law Journal 386.30
Patriot News 300.55
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 1004.02
Sworn and subscribed to before me S s
This rte" day of
2003, R. Thomas Kline, Sheriff
A.D. n^ ?I u . ? }N•-?
?otHonotary BY a0 (l,t- ,1 Ll.t 1
Real Estat / eputy
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`ONSECO FINANCE; CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY
VS.
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNIiR (BORROWER)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5626 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 19 FIELDCREST
DRIVE, MECHANICSBURG, PA 17055:
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CURTIS L. MEIXNER (MORTGAGOR, 633 CONGRESS AVENUE
REAL OWNER AND BORROWER) NEW CUMBERLAND, PA 17070
2. Name and address of Defendant(s) in the judgment:
CURTIS L. MEIXNER (MORTGAGOR, 633 CONGRESS AVENUE
REAL OWNER AND BORROWER) NEW CUMBERLAND, PA 17070
BRENDA A. MEIXNER (BORROWER) 633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Beneficial Consumer Discount Company
1 South Hanover Street
Carlisle, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
Dept. of Public Assistance
PA Department of Public Welfare
Bureau of Child Support Enforcement
Westfields Community Association
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
619 South Market Street
Mechanicsburg, PA 17055
Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
G /1a RDIAN, ESQUIRE
Attorney fo ff
May 9, 2003
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY
VS. No.: 02-5626 CIVIL TERM
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: CURTIS L. MEIXNER
BRENDA A. MEIXNER
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
Your house (real estate) at 19 FIELDCREST DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at Sheriffs Sale on SEPTEMBER 3, 2003 at 10:00 A.M., in the Cumberland
County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$20,953.80, obtained by CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A
GREEN TREE CONSUMER DISCOUNT COMPANY, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2( 15)
942-9690.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-9690.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN piece or parcel of real estate, together with the improvements thereon
erected, situated in the Township of Silver Spring, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Fieldcrest Drive at the dividing line between Lots
Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots; thence along the dividing
line between Lots Nos. C-3 and C4, South 6 degrees 41 minutes 44 seconds East, a distance of
100 feet to a point at the line dividing Lot No. C-3 from Lots Nos. C-8 and C-5 as shown on the
hereinafter mentioned plan of lots; thence along said line dividing Lot No. C-3 from Lots Nos.
C-8 and C-5, South 83 degrees 18 minutes 16 seconds West, a distance of 36 feet to a point at the
dividing line between Lots Nos. C-3 and C-2 as shown on the hereinafter mentioned plan of lots;
thence along said dividing line between Lots Nos. C-3 and C-2, North 6 degrees 41 minutes 44
seconds West, a distance of 100 feet to a point on the southern side of Fieldcrest Drive, North 83
degrees 18 minutes 16 seconds East, a distance of 36 feet to a point on the same at the dividing
line between Lots Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots, the place
of BEGINNING.
BEING Lot No. C-3 as shown on Page 1 l0A of a certain subdivision plan of lots entitled "Final
Subdivision Plan for Westfields" as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 54, Page 110 et seq., said plan having been
re-recorded from Plan Book 52, Page 139.
HAVING thereon erected a townhouse style dwelling unit known and numbered as 19 Field
Crest Drive.
SUBJECT, NEVERTHELESS to all covenants, restrictions, reservations, easements, conditions
and rights appearing of record.
BEING THE SAME PREMISES which Betty Lou Christakos, single person, by Deed dated
May 14, 1992 and recorded May 19, 1992 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book R 35, Page 279, granted and conveyed unto Curtis L.
Meixner, single person.
PARCEL No. 38-23-0571-087.
SUBJECT TO MORTGAGE.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-5626 CIVIL
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONSECO FINANCE CONS. DISC. CO. f/k/a GREEN
TREE CONS. DISC. CO. Plaintiff (s)
From CURTIS L. MEIXNER (MORTGAGOR, OWNER AND BORROWER) AND BRENDA A.
MEIXNER (BORROWER), 633 CONGRES AVE., NEWCUMBERLRAND PA 17070.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 19 FIELDCREST DR., MECHANICSBURG PA 17055 (SEE
ATTACHED LEGAL DESCRIPTION)
(2)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due 20,953.80 L.L. $.50
Interest 2/20/03 TO 9/3/03 @ $4.33 PER DIEM
Arty's Comm % Due Prothy 1.00
Arty Paid $252.41 Other Costs
Plaintiff Paid
Date: May 15, 2003
CURTIS R. LONG
Protho tary
(Seal) By: l = ` Gl r C
REQUESTING PARTY:
Name GREGORY JAVARDIAN, ESQ.
Address: 1310 INDUSTRIAL BLVD
1sT FLOOR, SUITE 101
SOUTHAMPTON PA 18966
Attorney for: PLAINTIFF
Telephone: (215) 942-9696
Supreme Court ID No. 55669
Dep
Real Estate Sale # 36
On June 3, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
known and numbered as 19 Fieldcrest Drive,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 3, 2003 By: j
Vv? 1
Real tate Deputy
N?
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn accord ng to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal offica and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvz nia, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County :)f Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#36
11
???.......
...........
Sworn tofu t,bscribed before thi 13th day Augu 003 A.D.
Notarial Seal ?
Telly L. Rum ll, Notary Put*
City OI Harrisbuf I. Daupt* C "W NOTARY PUBLIC
jur* 6,20060
bornmission Expires
Nani a Assoua?^ ?pr Notaries My commission expires June 6, 2006
Member. PennsY
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto can the above stated dates $ 298.80
Probating same Notary Fee(s) $ 1.75
Total $ 300.55
Publisher's Receipt far Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ...........................................................
REAL ESTATE SALE No. 36
Writ No.
Chris Term
Conseco Finance Consumer
Discount Company We
Qreen Tree Zonsumer
Discount Co.
411
Curtis L. Melxner and
Brenda A. Meixner
OregRory Js_ Nvardtetn
ALL THAT CERTAIN piece or parcel of real
estate, together with the improvements thereon
erected, situated in the Townshi of Silver Spring,
County of Cumberland and t?ommonwealth of
Pennsylvania, more particularly bounded and
descri bed as follows, to wit:
BEGINNING at a point on the southern side of
Fieldcrest Drive at the dividing line between Lots
Nos. C-3 and C4 as shown on the hereinafter
mentioned plan of lots; thence along the dividing
line between Lots Nos. C-3 and C4, South 6
degrees 41 minutes 44 seconds East, a distance of
l00 feet to a point at thetine dividing. Lot No. C-3
from Lots Nos. C-8 and C•5 as shown on the
hereinafter mentioned plan of lots; thence along
said line dividing Lot No. C-3 from Lots Nos. C-8
and C-5, South 83 degrees 18 minutes 16 seconds
West, a distance of 36 feet to a point at the
dividing line between Lots Nos. C-3 and C-2 as
shown on the hereinafter mentioned plan of lots;
thence along said dividing line between Lots Nos.
C-3 and C-2, North 6 pegrees41 minutes 44
seconds West, a distance of 100 feet to a point on
the southern side of Fieldcrest Drive, North 83
degrees 18 minutes 16 seconds Fast, a distance of
36 feet to a point on the same at the dividing line
between Lots Nos. C-3 and C-4 as shown on the
hereinafter mentioned plan of lots, the place of
BEGINNING.
BEING Lot No. C-3 as shown on Page 1 l0A of
a certain subdivision plan of lots entitled "Final
Subdivision Plan for Westfields° as recorded in
the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book
54, Page 110 et seq., said plan having been re-
recorded from Plan Book 52, Page 139.
HAVING thereon erected a townhouse-style
dwelling unit known and numbered as 19 Field
Crest Drive.
SUBJECT, nevertheless, to all covenants,
restrictions, reservatiors, easements, conditions
and rights appearing of record.
BEING THE SAME premises which Betty Lou
Christakos, single person, by Deed dated May 14,
1992 and recorcW May 19, 1992 in the Office of
the Recorder of Deeds in and for Cumberland
County in Deed Book R 35, Page 279, granted
and conveyed unto Curtis L. Meixner, single
person.
PARCEL NO.: 38-23-057147.
SUBJECT TO MORTGAGE.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Coyne,
WARN TO AND SUBSCRIaED before me this
1 day of AUGUST, 2003
LOIS E. SNYDER Pubic
Ca*b am, Cwtvhnd County
My Capon EVW March 5,
S4
0
RRAL b6TATS am& rw. 36
Writ No. 2002-5626 Civil
Conseco Finance Consumer
Discount Company, f/k/a
Green Tree Consumer
Discount Company
vs.
Curtis L. Meixner and
Brenda A. Meixner
Atty.: Gregory Javardian
ALL THAT CERTAIN piece or
parcel of real estate, together with
the improvements thereon erected,
situated in the Township of Silver
Spring, County of Cumberland and
Commonwealth of Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
southern side of Fieldcrest Drive at
the dividing line between Lots Nos.
C-3 and C-4 as shown on the here-
inafter mentioned plan of lots;
thence along the dividing line be-
tween Lots Nos. C-3 and C4, South
6 degrees 41 minutes 44 seconds
East, a distance of 100 feet to a
point at the line dividing Lot No. C-3
from Lots Nos. C-8 and C-5 as
shown on the hereinafter mentioned
plan of lots: thence along said line
dividing Lot No. C-3 from Lots Nos.
C-8 and C-5, South 83 degrees 18
minutes 16 seconds West, a distance
of 36 feet to a point at the dividing
line between Lots Nos. C-3 and C-2
as shown on the hereinafter men-
tioned plan of lots; thence along said
dividing line between lots Nos. C-3
and C-2, North 6 degrees 41 min-
utes 44 seconds West, a distance
of 100 feet to a point on the south-
ern side of Fieldcrest Drive, North
83 degrees 18 minutes 16 seconds
East, a distance of 36 feet to a point
on the same at the dividing line be-
tween Lots Nos. C-3 and C-4 as
shown on the hereinafter mentioned
plan of lots, the place of BEGIN-
NING.
BEING Lot No. C-3 as shown on
Page 110A of a certain subdivision
plan of lots entitled "Final Subdivi-
sion Plan for Westfields" as recorded
in the Office of the Recorder of Deeds
in and for Cumberland County,
Pennsylvania, in Plan Book 54, Page
110 et seq., said plan having been
re-recorded from Plan Book 52.
Page 139.
HAVING thereon erected a town-
house style dwelling unit known and
numbered as 19 Field Crest Drive.
SUBJECT, NEVERTHELESS to
all covenants, restrictions, reserva-
tions, easements, conditions and
rights appearing of record.
BEING THE SAME PREMISES
which Betty Lou Christakos, single
person, by Deed dated May 14,
1992 and recorded May 19, 1992
in the Office of the Recorder of
Deeds in and for Cumberland
County in Deed Book R 35, Page
279, granted and conveyed unto
Curtis L. Meixner, single person.
PARCEL No. 38-23-0571-087.
SUBJECT TO MORTGAGE.
CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY
VS. No.: 02-5626 CIVIL TERM
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 19 FIELDCREST
DRIVE, MECHANICSBURG, PA 17055:
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CURTIS L. MEIXNER (MORTGAGOR, 633 CONGRESS AVENUE
REAL OWNER AND BORROWER) NEW CUMBERLAND, PA 17070
2. Name and address of Defendant(s) in the judgment:
CURTIS L. MEIXNER (MORTGAGOR, 633 CONGRESS AVENUE
REAL OWNER AND BORROWER) NEW CUMBERLAND, PA 17070
BRENDA A. MEIXNER (BORROWER) 633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name
Plaintiff.
Beneficial Consumer Discount Company
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
1 South Hanover Street
Carlisle, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name
None.
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
Dept. of Public Assistance
PA Department of Public Welfare
Bureau of Child Support Enforcement
Westfields Community Association
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
619 South Market Street
Mechanicsburg, PA 17055
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 19 FIELDCREST DRIVE
MECHANICSBURG, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
gKEGO-W J ARDIAN, ESQUIRE
Attorney fo laintiff
May 9, 2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT CUMBERLAND COUNTY
COMPANY
No.: 02-5626 CIVIL TERM
vs.
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due $20,953.80
Interest from 2/20/03 to Date of Sale
@ $3.44 per diem $
Subtotal
(Costs to be added)
3VOEG01 FnARDIAN, ESQUIRE
Attorn ey or tiff
I.D. #55669
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
ALL THAT CERTAIN piece or parcel of real estate, together with the improvements thereon
erected, situated in the Township of Silver Spring, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Fieldcrest Drive at the dividing line between Lots
Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots; thence along the dividing
line between Lots Nos. C-3 and C4, South 6 degrees 41 minutes 44 seconds East, a distance of
100 feet to a point at the line dividing Lot No. C-3 from Lots Nos. C-8 and C-5 as shown on the
hereinafter mentioned plan of lots; thence along said line dividing Lot No. C-3 from Lots Nos.
C-8 and C-5, South 83 degrees 18 minutes 16 seconds West, a distance of 36 feet to a point at the
dividing line between Lots Nos. C-3 and C-2 as shown on the hereinafter mentioned plan of lots;
thence along said dividing line between Lots Nos. C-3 and C-2, North 6 degrees 41 minutes 44
seconds West, a distance of 100 feet to a point on the southern side of Fieldcrest Drive, North 83
degrees 18 minutes 16 seconds East, a distance of 36 feet to a point on the same at the dividing
line between Lots Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots, the place
of BEGINNING.
BEING Lot No. C-3 as shown on Page 1 l0A of a certain subdivision plan of lots entitled "Final
Subdivision Plan for Westfields" as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 54, Page 110 et seq., said plan having been
re-recorded from Plan Book 52, Page 139.
HAVING thereon erected a townhouse style dwelling unit known and numbered as 19 Field
Crest Drive.
SUBJECT, NEVERTHELESS to all covenants, restrictions, reservations, easements, conditions
and rights appearing of record.
BEING THE SAME PREMISES which Betty Lou Christakos, single person, by Deed dated
May 14, 1992 and recorded May 19, 1992 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book R 35, Page 279, granted and conveyed unto Curtis L.
Meixner, single person.
PARCEL No. 38-23-0571-087.
SUBJECT TO MORTGAGE.
??z
-SIN
t?
c ?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-5799 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONSECO FINANCE CONS. DISC. CO. f/k/a GREEN
TREE CONS. DISC. CO. Plaintiff (s)
From CURTIS L. MEIXNER (MORTGAGOR, OWNER AND BORROWER) AND BRENDA A.
MEIXNER (BORROWER), 633 CONGRES AVE., NEWCUMBERLRAND PA 17070.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 19 FIELDCREST DR., MECHANICSBURG PA 17055 (SEE
ATTACHED LEGAL DESCRIPTION)
(2) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due 20,953.80 L.L. $.50
Interest 2/20/03 TO 9/3/03 @ $4.33 PER DIEM
Atty's Comm % Due Prothy 1.00
Atty Paid $252.41 Other Costs
Plaintiff Paid
Date: May 15, 2003
CURTIS R. LONG
Proth otary
?
(Seal)
P
i d
By:
44-t
De P4
REQUESTING PARTY:
Name GREGORY JAVARDIAN, ESQ.
Address: 1310 INDUSTRIAL BLVD
11T FLOOR, SUITE 101
SOUTHAMPTON PA 18966
Attorney for: PLAINTIFF
Telephone: (215) 942-9696
Supreme Court ID No. 55669
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5626 CIVIL TERM
Vs.
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY
AS TO THE SALE OF REAL ESTATE
I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action
and further certify this Property is:
O FHA
O Tenant Occupied
() Vacant
() Commercial
O As a result of Complaint in Assumpsit
(X) Act 91 complied with
.)VAV DIAN, ESQUIRE
for P tiff
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS
DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY
vs. No.: 02-5626 CIVIL TERM
CURTIS L. MEIXNER (MORTGAGOR,
REAL OWNER AND BORROWER)
BRENDA A. MEIXNER (BORROWER)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: CURTIS L. MEIXNER
BRENDA A. MEIXNER
633 CONGRESS AVENUE
NEW CUMBERLAND, PA 17070
Your house (real estate) at 19 FIELDCREST DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at Sheriffs Sale on SEPTEMBER 3, 2003 at 10:00 A.M., in the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$20,953.80, obtained by CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A
GREEN TREE CONSUMER DISCOUNT COMPANY, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215)
942-9690.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-9690.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN piece or parcel of real estate, together with the improvements thereon
erected, situated in the Township of Silver Spring, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Fieldcrest Drive at the dividing line between Lots
Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots; thence along the dividing
line between Lots Nos. C-3 and C4, South 6 degrees 41 minutes 44 seconds East, a distance of
100 feet to a point at the line dividing Lot No. C-3 from Lots Nos. C-8 and C-5 as shown on the
hereinafter mentioned plan of lots; thence along said line dividing Lot No. C-3 from Lots Nos.
C-8 and C-5, South 83 degrees 18 minutes 16 seconds West, a distance of 36 feet to a point at the
dividing line between Lots Nos. C-3 and C-2 as shown on the hereinafter mentioned plan of lots;
thence along said dividing line between Lots Nos. C-3 and C-2, North 6 degrees 41 minutes 44
seconds West, a distance of 100 feet to a point on the southern side of Fieldcrest Drive, North 83
degrees 18 minutes 16 seconds East, a distance of 36 feet to a point on the same at the dividing
line between Lots Nos. C-3 and C-4 as shown on the hereinafter mentioned plan of lots, the place
of BEGINNING.
BEING Lot No. C-3 as shown on Page 1 I OA of a certain subdivision plan of lots entitled "Final
Subdivision Plan for Westfields" as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 54, Page 110 et seq., said plan having been
re-recorded from Plan Book 52, Page 139.
HAVING thereon erected a townhouse style dwelling unit known and numbered as 19 Field
Crest Drive.
SUBJECT, NEVERTHELESS to all covenants, restrictions, reservations, easements, conditions
and rights appearing of record.
BEING THE SAME PREMISES which Betty Lou Christakos, single person, by Deed dated
May 14, 1992 and recorded May 19, 1992 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book R 35, Page 279, granted and conveyed unto Curtis L.
Meixner, single person.
PARCEL No. 38-23-0571-087.
SUBJECT TO MORTGAGE.