HomeMy WebLinkAbout02-5799LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOUleVARD
1sa' FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY FK~2/A GREEN
TREE CONSUMER DISCOUNT
COMPANY
7360 SOUTH KYRENE
TEMPE, AZ 85283
PLAINTIFF
VS.
TIMOTHY J. BOUDER
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT - C1VIL 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. 1F YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OIq"ICE 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
1F 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. 0977), 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
IsT 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
VS.
TIMOTHY J. BOUDER
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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 Timothy J. Bouder and
Esther L. Bouder, Mortgagor(s) (hereinafter referred to as "Defendant") and itself
as Mortgagee. Said Mortgage was dated June 11, 1998 and was recorded in the
Office of the Recorder of Deeds and Mortgages in Cumberland County in
Mortgage Book 1460, page 682. 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 June 11, 1998 in the amount
of $107,650.00 payable to Plaintiff in monthly installments with an interest rate of
9.8%.
3. The land subject to the mortgage is:
401 Walnut Street, Mount Holly Springs, PA 17065.
4. The Defendants, Timothy J. Bouder and Esther L. Bouder are the real owners
of the land subject to the mortgage and the Defendants' address is:
401 Walnut Street, Mount Holly Springs, PA 17065.
5. 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
Interest to 11/15/2002
Accumulated Late Charges
Deferred Interest
Attorney Fees/Costs
TOTAL
$102,608.27
3,970.09
1,462.61
2,335.57
3,700.00
$114,076.54
plus interest from 11/16/2002 at $26.364 per day, costs of suit and attorney
fees.
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
defendantsSeptember 13, 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 $114,076.54 together with the interest from 11/16/2002 at $26.364 per day, costs
of suit and attorney fees.
Law Offices of Gregory Javardian
Attorney 1~o. 55669
O ~A~P ~ 9806( ;92
VLN ~ 69-011b~12~2
NOTE
............................................................................. Z...~ .............. X ..................................
ye~ly me of ....... ~-:.~.~..... ~. ]n~ ~1[ ~ ~g~ ~gi~ng on ............ ~..~.,...~.~.~ .........................
~on ~) of ~ No~.
...................................................... of ~ ..............
...................................................... ~si~ on ....~u%x.3~, ~b'~ ..............................
[] Ia addition t~ the paymcnm described above, ! will pay a 'balloon payment" of $ ...................................
on ..... . ......... 'Fac Note Holdcr will deliver or mail Io me nodce prior to maturity
(B) Maturity Dale and Place of Payments
......... '3"u'9'~"'~'6'~'"2"0"~.~ ..........................................l still owe amounts uad~r this Note, [ will pay those amouats
pa .......................................... y~-. ........... :/ ........ p.~.:..~.z.....a. ~?..§~ ....
payapl~paymempalmllyof ..,.s,A.x.,,..m~..,,~,n..s...,i.9.~..e.r.e..s.t' .if..t. he entire loan balance is ~a~d within 36
.m..o..n..~..h~...f. Kg.m. the date of the loan .........................................................................
.............................. ~ ........................................................................... if ~ pre~ay fl~s Note in full.
this ~fund by reducing ti~ princlpa] I ow~ m ~ Note or by making a direct paym~m to mc. If a n~fund m
Mincipsl, ~h¢ r~duction will be tmaed as a partial prepayment.
& BORROWER,S FAILURE TO PAY AS REQUIRED
(A) Lata Charge for Overdue Paymems
............... ~ ...... ' ' ' I will.pay this late charge promptly but only once on ~ach
(B} Default
(C) Notlca of Default
{D} No Waiver By N~e l~older
{E) Pa.*~ of N~ne Holder's Costs and ~
U~e~ applicable law ~quic~ a different metbod, any notice that must be given to me undo- this Note will be given
.by delivering it or by mailing it by firs chts~ mall to mc a! thc Propc~y Address above or at a different addre~ if l give
Any notice that mu~ be given Io thc No~: Holder under this Nol~ wli! be given by m~iling it by fl~t c 'lass mail (o
THIS LOAM !$ PAYABLE IN FULL ....................... ~ ....................................................................
........................................................................................
I~'AL /SALANCE OF THE LOAN AND UNPAID ~/TEREST THEN DUE, WHICH MAY BE A
LARGE PAYMENT. 'ri41~ LENDER I$ UNDER NO OBLIGATION TO R~FINANCE THE LOAN AT THAT
TIM~. ! WILL, 'I'iiF_~EFORE, BE REQUIRED TO MAK~ PAYMENT OUT OF OTHER A~SETS THAT I MAY
OWN, OR I WILL HAVE TO ~ A LENDER, WHICH MAy BE THE LENDER I HAVE THIS LOAN WITH,
WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY
SOME OR ALL OF TH~ CLOSING COS~ NORMALLy ASSOCIATED WITH A NEW LOAN EVEN IF I
OBTAIN RRk'~NANCING FROM TH~ SAME LENDER.
WITNESS THI~ H.~qD($) AND S!uAL(S) OF THE UNDERSIONED.
'~'~"~"~'~ ...........................................................
.t$1gn Ort~nal Only]
Cnmmonweall~ of Pennsylvania ~ Space Above ~ Line For Re~rdlng Data
OPEN-END MORTGAGE
This Mortgage secures fumm advances
DATE AND PARTIF_~. The date of this Mortgage (Security Instrument) is June 11, 19 9 8 and the
parties, their ad~r~ses and tax idemification numbers, if required, are as follov~ .............................................
MORTGAGOR:
Timothy J Bouder and Esther L Bouder
HIS WIFE, AS TENANTS BY THE ENTIRETIES
[] If ch~cked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their siguatuxes and
acknowledgments.
LENDER:
Green Tree Consumer Discount Company
3401 Hartzdale Drive Suite 118
Camp Hill, Pennsylvania 17011
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of wt~ch is acknowledged, a~ to secure
the Secured l~:b~ (defined Ix:low) and Mongagor's pcrforn~;e under this Security Insmuncnt, Mortgagor grants, bargains,
conveys and mortgages m Lender the following described property:
See Exhibit A
The oto~nv is Io~.-d i- Cumberl and
(coup) '
............................................................ · 17065 ·
(~d~) ..................................
(~ty) .............. , Pe~ylv~a .........................
Tog~r ~ ~ ~, ~en~, app~, roy~, ~ dgh~, o~ ~ g~ d~, ~l ~ter ~ d~ ~,
· ~h~, ~ ~ ~k ~ ~I .c~ a~ ~ ~v~n~, s~, ~x~, ~ ~lac~en~ ~ ~y ~w, or at
~y ~e in ~ ~, ~ pm of ~ ~ ~ d~n~ ~ (~1 re~d to ~ 'P~p~*).
~ $ .................................... ............ ~ l~m~on of ~ d~s not ~lu~ int~t ~ o~er ~ ~d
~s v~idly m~ pu~t to ~s S~ l~ent. ~, ~s limi~on d~s ~t ~ply to ~v~ ~ un~r ~
~ of ~ S~ty ~t~ to p~t~t ~'s ~ ~ m ~ ~y oF ~ co~ con~ in ~ S~ty
4. SECURED DEWF AND FUTURE ADVANCES. The term "Secured Debt' is defined as follows:
A. Debt J~,Lrred under the terms of all pmrnie~ory note(s), contract(s), guaranty(s) or other evidence of debt desctibod
below and all their extensions, renewals, modifications or subsdtutions. OVhen r~erenc~ng the debts below it is
suggexted that you include items such as borrower~' nameA note amount~, interest rates, matu~ty dates, etc.)
No:e dated June 11, 1998, between Green Tree Consumer Discount Company and Timothy
J Bouder, ~sther L Bouder, for $X07,6S0.00, taaturln~ June 16, 2023.
PE~NN¥LYA~A. MORT~Aua ~qOT FOR ~ ~HLMC0 FHA OR VA U$~
note, contract, guar~ty, or other evidence of del~t execut~cl'by..M0~ga~fr in favor of Lender executed after this Security
Instrument whether or not this Security lnsu'ument is specifically referenced. If more than one person signs this Security
Instrumem, each Mortgagor agrees that this Security Instalment will secure all furore advances and future obligations
that ate given to or iocurred by any one or more Mortgagor, or any one or more Mortgagor and others. All furore
advances and other furore obligations are secured by this Security Inslrument even though ail or part may not yet be
advanced. All furore advances and other furore obligations ate secured as if made on the date of this Security Instrument.
Nothing in this Security Immanent shall constitute a commitment to make additional or furore loans or advances in any
amount. Any'such commitment must be agreed to in a separate writing.
C. All obligations Mortgagor owes ~o L~eder, 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 im value and any other sums advanced and expenses incurred by Leader under the terms of this Security
Insmunent.
This Security lnsrmmem will not secure any other debt if Lender fails to give any required notice of the right of rescission.
5. PAYMENTS. Moggagor agrees that ail payments under thc Secured Debt will be paid when due and in accordance with the
terms of the Secure~ Debt and this Security lnsu'ument.
WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security lnsmunent and ~ the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that
d~ Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY II~TERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
ducumcm that created a prior security interest or encttmbrance on the Property, Mortgagor agrees:
A, To make all payments when due and to perform or comply with all covenants.
B, To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow .any modification or extension of, nor to request any furore advance~ under any note or agreemem secured
by the lien document without Lender's prior written consem.
CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
udlifiea, and other charges relating to thc Property when due. I~adar may require Mortgagor to provida to Leader copies of all
notices that such amounts arc duc and the receipts evidencing Mortgagor's pa)anent. Mortgagor will defend title to the
Property against any clnimn that wo~ld impair the lien of this Security Instrument. Mortgagor agrees to assign to Lemler, as
requested by L~nder, any rights, claims or defenses Mortgagor may have against pat-d~ who s~pply labor or maredals to
maintain or improve the Property.
DUE ON SAI,I~ OR ENCUMBRANCE. Leader may, at its opdon, dec/me the entire balance of the Secured D~bt m b~
immediately due ami payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the
Property. This fight is subject to the restrictions imposed by federal law 02 C.F.R. 591). as applicable. This covenant shall
ma with thc Property and shall remain in effect until the Secured Debt is paid in full ;md this Security lasmunent is relea.~:l.
I0, PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property ingood condition and
make all repairs that arc reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of
the Property. Mortgagor will keep the Property flee of noxious weeds and grasses. Mortgagor agrees that thc nature of the
occupancy and use will not subsmmially change without Lender's prior wrinen consent. Mortgagor will not pesmit any change
in any license, restrictive covenant or easement without Leader's prior written conse~. Mortgagor will notify L~dar of all
demands, proceedings, claims and actions against Mollgagor, and of any loss or damage to the Property.
Lm~der or Landcr's agents may, at Lender's option, enter thc Properly at any reasonable time for the purpose of inspccdng the
Property. Lender shall give Mortgagor notice at thc 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 an~ount necessary for performance. Lender's right to perform for Mortgagor shall
not create an obligation to perform, and Lender's ~lure 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 ail steps necessary to protect Lender's security interest in the Property, including
completion of the construction.
12. ASS1GNbiENT OF LEASES AND RENTS. Mongngor irrevocably grants, baa'gains, conveys and montages to Lender as
additional security all the tight, title and interest in and to any and ail existing or future leases, subleases, and any other written
or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals,
modifications or substitutions of such agreements (all referred to as 'Leases') and rents, issues and profits (all referred to as
'Rents'). Mortgagor will promptly provide Lender with true and correct copies of all existing and furore Leases. Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security
Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as
to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are
satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's termnts to make payments of Rents due
or to become due directly to Lender after such recording, however Lender agrees not to notify Mongagor's tenanrn 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 nodce of default, Mortgagor will endorse and deliver to Lender
any payment of Rents in Mongagor's possession and will receive any Rears in trust for Lender and will not commingle the
Rents with any other funds. Any amoonts collected will be applied as provided in this Security Insu'ument. Mortgagor warrants
that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also ag~es to mainlain and require
any tenant to comply with the terms of the Leases and applicable law.
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a
planned unit development, Mortgagor will perform all of Mongagor'$ duties under the covenams, by-laws, or regulations of
the condominium or plauncd 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 ifa breach occurs under the terms of thLs Security Insuvmant or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Leader at any time is
insecure with rest~:t to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of
the Propet~y i.s impaired shall also constiPate an event of default.
15. REMEDIF..S ON DEFAULT. In some instances, federal and state law will require Lemies to provide Mortgagor with notice
of the right to cure or other notices and may establish 6me 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 ia default.
Ac the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediacely
due and payable, after giving notice if requim:l by law, upon the occurrence of a default or anytime thereafter. In addition,
Lender shall I~ entitled to ail thc remedies provided by law, the terms of the Secured Debt, this Security lasmunent and any
related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entlded to all remedies provided
at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in paymem 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 light to later consider the event a default if it continues or happens again.
~..
1l)1,,4 Bank-- Sy~.m~. k~c.. S~ C'~ad. &~N (I-,00-$$?-Z3411 r~,m ~.MTG4'A 12/1~1,S4 T~
16, EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' ~'I~E$; COLLECT/ON COSTS. Except when prohibited
by law, Mortgagor ngrees to pay all of Lender's expenses if Mortgngor breaches any covenant in this Security Instrument.
Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise
protecting the Property and Lender's security interest. These expenses will bear interest ft~m the date of the payment until paid
in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or pmtectiug Lender's rights and remedies under this Security Instrument.
This amount may include, but is not limited to, attorneys' fees. court cost~, and o{har legal expenses. This Security Instrument
shall remain in effect until released. Mortgagor agr~a to pay for any recordation costs of such release.
17. ENVIRONMENTAL LAWS AND/'iAZARDOUS SUBSTANCES. As used in tiffs section, (1) Environmental Law means,
without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601
et seq.), and all other federal, state and local laws, regulatious, ordinances, court orders, attorney general opinions or
interpretive lette~ concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
Substance means any toxic, radioactive or b~Tardous material, waste, pollutant or contaminant which has characteristics which
render the substance dangerous or potemially dangerous to the public health, safety, welfare or environment. The term
includes, without limitation, any substances defined as "hazardous material." "toxic substances.' "h,~rdous waste" or
"h~'~rdouS suhstanc~# under any Environmental Law.
Mortgagor represents, warram~ and agrees that:
A. Except as p~viously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located.
stored or re/eased 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 Pwperty.
il. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and ~ez7 tenant have been, are, and
shall remain in full compliance with ally applicable Environmental Law.
C. Mortgagor shall immediately notify L~xler if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon ns Mortgagor has reason to believe there is any pending or
threatened invesfgation, claim, or proceeding relating to thc release or threatened release of any Hazardous Sub~mnee or
the violation of any Environmemal Law.
18. CONDF_,MNAT/ON. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of thc Property through condcmnatlon, eminent domain, or any other means. Mortgagor
authorizes Lender to intervene in Mortgagor's name in any of the above described actious or clnimn Mortgagor nssigns tO
L~nder the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the
Property. Such proceeds shall be considered payments and will lac applied as provided in tiffs Security Instrument. This
assignment of proceeds is subject to fha terms of any prior mortgage, deed of trust, security agreement or other lien documem.
19. INSURANCE. Mor~gagos shall l~-n:p Prope'ay insured aguiost loss by fire. flood, theft and other ba~'~rds ~ tlSks re-a.sonably
associnted with the Property due to its type and location. This insurance shall b¢ maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insnlran~ shall b~ chosen by Mortgagor subject to Lender's apptoval,
which .shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above. Lender my. at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument.
All iusurance policies and renewals shall be acceptable to Leader and shall include a standard 'mortgage clause' and. whar¢
applicable. 'loss payee clause,' Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Lender shall have the right to hold the policies and renewals. If Lender requires. Mortgagor shall immediately give to Lender
all receipts of paid pr~niums ami renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
ami L~der. Lender may make proof of loss if not mad~ immediately by Mortgagor.
Unless otherwise agreed in writing, all insuranoe proceeds shall be applied to the restoration or repair of the Property or to the
Secured Debt, whether or not then ~ne, at Lender's option. Any application of proceeds to principal shall oct extend or
postpone the due date of the ~heduied payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by Lender. Mongagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUI~_,NTS. Mortgagor v~tl provide to LeMer upon r~uest, any
financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional documen~ or certifications that l.,~nder may consider neces,~try to perfect, continue, and preserve Mortgagor's
obligations under ~ Secufity Instrun~nt ~nd Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security Instrument are joint and individual. If Murtgagor signs this Secu~ty Insmunent but does not sign aa evidence of debt,
Mortgagor does so onty 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 Secufity Insu'ument secures a guaranty between
Lender and Mortgagor, Mortgagor agrees to waive any fights that may prevent Lender from bringing any action or claim
against Mortgagor or any party indebted und~ the obligation. These fights may include, but are not limited to, any
anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extand, mndif~
or mak~ any change in the torma of this Seeufity Instrument or any evidence of debt without Mortgagor's consent. Such a
change will not telea~ Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security
Instrument ahall bind and benefit the successors and assigns of Mortgagor ~nd Lender.
23. APPLICABLE LAW; SEVERABILITY; INrI'EI~PRETATION. This Security Instrument is governed by the taws of the
ju_ri~diction in which Lender is located, except to .the extent otherwise required by the laws of the jurisdiction where the
P:roperty is located. This Security Insuument is complete and fully integrated. This Security Insnnamant may not bb amended ut
modified by oral agreement. Any section in 'this Security Instrument, attaclanents, or any agreement related to the Secured
Debt that conflicts with applicable law will no~'be effective, u~ess that law expressly or impliedly panni~ the vacations by
wfitten agreement. If any section of,th~s Secufity Inst~maent cannot be enforced accordlag to its terr~, that section will be
s~ve~d and wi!l not affect the enfo~c~bility of the remainder of this Security Instrument. W~enever used, the singular shall
include the plural and the plural the singular. The captiona and headings of the sections of this Security instmmant ar~ for
convenience only and are not to be used to interpret or defin~ the terms of this Security Instrument. Time ts of the e~sance in
this Security lnanttanent.
24. NOTICE. Unless otherwise required by law, any notice shall b~ given by delivering it or by mailing it by first class mail to
the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice to
one mortgagor will be deemed to In: notice to a/'l nto.rtgagors.
25. WAIVERS. Except to the extent prohibited by law. Mortgagor waives any right to appraisement relating to ~ Property.
26. OTHER TERMS. Ifcheeked, the following ate applicable to this Security Instrument:
[] Ltne of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be
reduced to a zero balance, this Security lnsmunem will r~in in cffeet until released.
[] Construction Loan. TI~ Security Instrument secures an obligation incurred for the construction of an improvement on
thc Property.
[] Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that arc or will become fixtures rela~ed to ~he Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform
Commercial Code.
[] Purchase Money. This Security Instrmnent secures advanc~ by Lender used in wbolc or in part to acquire the
Property. Accordingly, this Security Instrument, and thc lien hereunder, is and shall be construed as a purchase money
mortgage with all of the fights, priorities and benefits thereof under the laws of thc Commonweakh of Pennsylvania.
[] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
[] Riders. The covenants and agreements of each of thc rider~ checked below arc incorporated into and supplement and
amend the terms of this Security Instrument. [Check all applicable boxes]
[~] Condominium Rider [~ Plarmed Unit Development Rider [] Other ................................
[] Additional Terms.
SIGNATURES: By signing below, Mortgagor. intending to be legally bound hereby, agrees to the terms and covenants contained
in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the date state~l on page 1.
...... ........
Pennsylvania
COMMONWEALTH OF .......................................... COUNTY OF ..C.~....'~....~...~ ...................... ]. ss
~ On m~, theI, l~b. ................ day of ..-.~I[~,..L998 ........... before me %.~^..%~%.. ~4 ~ - '
the ander gncd onlcer p o,,'ly a ,p ed "'::::'....i:L. ' .......
.......................................................................................... kmawn to me (or satisfactorily proven) to be
the person(s) whose -~me(a) is sob~ctibed to the within instrument, and acknowledged that he/she cxecuted the same
for the purposc~ then:in CO~ntnln,~l.
In witness whereof, I hereunto set my hand and official seal/
My commission expires:
...-, .... .-~ ~. ............................................................................
Le=al Descr~Dt~on~
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MOUN"FHOLLY SPRINGS, COUNTY OF
CL~4BERLAND, AND STATE OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 7/13/88,
RECORDED 7/13/88, APPEARING AMONG THE LAND RECORDS OF THE COUNTy SET FORTH ABOVE IN
DEED BOOK 33-L, PAGE 498.
Parcel ID: 23-32-2336-012
CONSECO FINANCE SERVICING CORP.
7360 S Kyrene Road
CONSECO,
TIMOTHY BOUDER
401 N. WALNUT ST
MT. HOLLY SPGS, PA 17065
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
September 13, 2002
This is an officiaI notice that the mortgage on your home is in default, and the lender intends to lbreclose.
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 CONSLrMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Fihance
Agency toil free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPKENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA LIN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
G:\thayer\dcbt coHection\NOD\PA.Act9l ,NOD.2,doc
PAGE I
CONSECO FINANCE SERVICING CORP.
7360 S Kyrene Road
Tempe, Arizona 85z8~ 4583
888-i [ q-87~3
CONSECO
September 13, 2002
TO: TIMOTHY BOUDER 401 N. WALNUT ST
MT. HOLLY SPGS, PA 17065
Loan No.: 6901161122
SSN: 159542668
Mortgaged Premises:
401 WALNUT ST
MT HOLLY SPGS, PA 17065
FROM: Conseco Finance 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 your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meting 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 ASISTANCE, 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.
CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit
counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the properly is located are set forth at the end of this
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
GAthayer\debt collection\NOD\PA.Actgl .NOD.2.doc PAGE 2
CONSECO FINANCE SERVICING CORP.
~!6o S Kyrene Road
Tempe, Arizona 8Sz83 4581
CONSECO~
APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons set
forth later in this Notice (see following pages tbr 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 Ibr
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 1N 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 critefia established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements
set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you
have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your property
located at: 40I WALNUT ST, MT HOLLY SPGS, PA 17065 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: 07/16/02 $926.73, 08/16/02 $926.73,09/16/02 $926.73,, .
Other charges (explain/itemize): Late Charges $1277.27, NSF Fee: $. TOTAL AMOUNTS PAST DUE:
$4057.46.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
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
$4057.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to: Conseco Finance, 7360 So Kyrene Rd, Temve,
_AZ 85253 (do not send cash). 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.)
G:\thayer~debt coIlection\NOD\PA.Act91 .NOD.2.doc PAGE 3
CONSECO FINANCE SERVICING CORP.
7360 S Kyrene Road
CONSECO,
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 attorneys to start legal
action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff
to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required
to pay attorney's fees.
OTHER LENDER 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 dethult
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so
by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's
fees and costs connected with the foreclosure sale and any other costs connected with the SherilTs 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 mortgager to the same position as if
you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that sucha
Sheriff's Sale of the mortgaged property could be held would be approximately one month 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:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7360 So Kyrene Rd, Tempe AZ 85253
Phone Number: 1-800-603~1109
Fax Number: 480/333-6460
EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the
lender at any time.
G:\thayer\debt collection\NOD\PA.Act91 .NOD.2.doc PAGE 4
CONSECO FINANCE SERVICING CORP.
796o S Kyrene Road
CONSECO~
ASSUMPTION OF MORTGAGE .... You __ may or X 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 and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RiGHT:
.... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
.... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
.... TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE 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 THE LENDER.
.... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW.
Enclosures: Pennsylvania Consumer Credit Counseling Agency List
Cc: Customer File
G:\thayer\debt collection\NOD\PA.Act91.NOD.2.doc PAGE 5
CONSECO FINANCE SERVICING CORP,
716o S Kyrene Road
CONSECO.
ESTHER BOUDER
401 N. WALNUT ST
MT. HOLLY SPGS, PA 17065
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
September 13. 2002
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 with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397. (Persons with impaired heating can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN ADYUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTIN-UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO 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
HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
G:\lhayer\debI collection\NO D\PA.Act 91 .NOD.2 doc PAGE
CONSECO FINANCE SERVICING CORP.
716o S Kyrene Road
Tcnlpe, Arizona 85z83-4583
CONSECO,
September 13, 2002
TO: ESTHER BOUDER 401 N. WALNUT ST
MT. HOLLY SPGS, PA 17065
Loan No.: 6901 I61122
SSN: 189524078
Mortgaged Premises:
401 WALNUT ST
MT HOLLY SPGS, PA 17065
FROM: Conseco Finance 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 your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meting 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 ASISTANCE, 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.
CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit
counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the properly is located are set forth at the end of this
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
G:\thayer~debt collection\NOD\PA.Act91 .NOD.2.doc PAGE 2
CONSECO,
CONSECO FINANCE SERVICING CORP.
736o S Kyrene Road
Fempe, Arizona 85z8;-4581
APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific intbrmation 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 ill
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 1N 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 am very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During
that time, no foreclosure proceedings will be pursued against you if you have met the time requirements
set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD CT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you
have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your property
located at: 401 WALNUT ST, MT HOLLY SPGS, PA 17065 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due: 07/16/02 $926.73, 08/16/02 $926.73,09/16/02 $926.73,, .
Other charges (explain/itemize): Late Charges $1277.27, NSF Fee: $. TOTAL AMOUNTS PAST DUE:
$4057.46.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
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
$4057.46, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to: Conseco Finance, 7360 So Kyrene Rd, Tempe,
AZ 85253 (do not send cash). 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.)
G:\thayer\debt collection\NOD\PA Act91 .NOD 2.doc PAGE 3
CONSECO FINANCE SERVICING CORP.
716o S Kyrene Road
Tempe, Arizona 85283 458;
CONSECO~
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 attorneys to start legal
action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff
to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees actually incurred up to $50.00. However, it' legal proceedings are started against you. you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.
Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required
to pay attomey's fees.
OTHER LENDER REMEDIES .... The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... 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 tip to one hour before the Sheriff's Sale. You may do st)
by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's
fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing
your default in the manner set forth in this notice wilI restore your mortgager to the same position as if
you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that such'a
Sheriff's Sale of the mortgaged property could be held would be approximately one month 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. Or'
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Conseco Finance Consumer Discount Company
Address: 7360 So Kyrene Rd, Tempe AZ 85253
Phone Number: 1-800-603-1109
Fax Number: 480/333-6460
EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the
lender at any time.
G:\thayer\debt collectionXNOD\PA,Act91.NOD.2.doc PAGE 4
CONSECO FINANCE SERVICING CORP.
7~6o $ Kvrene Road
Tempe, A~qzona 8'5z83-4583
888-~r~ 8733
CONSECO~
ASSUMPTION OF MORTGAGE .... You __ may or X 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 and that the
other requirements o£ the mortgage are satisfied.
YOU MAY ALSO HAVE THE RiGHT:
.... TO SELL THE PROPERTY TO OBTA/N 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 THE LENDER.
.... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW.
Enclosures: Pennsylvania Consumer Credit Counseling Agency List
Cc: Customer File
G:\thayer~ebtcollection\NOD~PA.ActglNOD2.doc
PAGE 5
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 unsworn falsification to authorities.
Ruth Hemandez, Foreclosure Manager
~-~ .... SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05799 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER DISCO
VS
BOUDER TIMOTHY J ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BOUDER TIMOTHY J the
DEFENDANT
, at 1620:00 HOURS, on the 27th day of December , 2002
at 802 RORWAY ROAD
GARDNERS, PA 17324
by handing to
TIMOTHY BOUDER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 19.32
Affidavit .00
Surcharge 10.00
.00
47.32
Sworn and Subscribed to before
me this /3 ~ day of
J~j4 A.D.
~ l~rothonotary ' ,
So Answers:
R. Thomas Kline
0 /07/2003
GREGORY JAVARDIAN
By:
Deputy S~riff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05799 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER DISCO
VS
BOUDER TIMOTHY J ET AL
JACOB BAKER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BOUDER ESTHER L the
DEFENDANT , at 1620:00 HOURS, on the 31st day of December , 2002
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
ESTHER BOUDER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 73 ~ day of
~--/,.,~.~ ,J~.%~Z.3 A.D.
P~0~honotary
So Answers:
R. Thomas Kline
01/07/2003
GREGORY JAVARDIAN
By: -~m,~iL~~ ~
~ Dep~ Sheriff
LAW OFFICES OF GREGORY JAVARDIAN
By: 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/KJA GREEN TREE DISCOUNT
COMPANY
7360 SOUTH KYRENE
TEMPE, AZ 85283
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5799 CIVIL TERM
TIMOTHY J. BOUDER
802 RORWAY ROAD
GARDNERS, PA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against TIMOTHY J. BOUDER and
ESTHER L. BOUDER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within
20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As Set forth in Complaint
Interest
11/16/02 to 2/3/03
$114,076.54
2,082.44
TOTAL $116,158.98
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.
Damages arg hereby asse. ssed as indicated.
DATE: 'tl,{r~. 5-. 01,_005
?,~grGOR(~g/~ARDIAN, ESQUIRE
m _~7~/~)r/~aintiff ^ ~./2~
RO PROTHY ~0~
CONSECO FINANCE CONSUMER
IN THE COURT OF COMMON PLEAS
DISCOUNT COMPANY F/K/A
GREENTREE CONSUMER DISCOUNT
COMPANY
V. PLAINTllq=
TIMOTHY j. BOUDER
ESTHER L. BOUDER
DEFENDANTS
CUMBERLAND COUNTY
NO. 02-5799 CIVIL TERM
TO: TIMOTHY J. BOUDER
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
DATE OF NOTICE: JANUARY 22, 2003
TIMOTHY BOUDER
ESTHER L. BOUDER
802 RORWAY ROAD
GARDNERS, PA 17324
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 defensex 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
F
Gregory Javardian, Esquire
1310 Industrial Boulevard
1st Floor, Suite 101
~ Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en
este caso. Al no romar 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 tm 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 12N~FORMATiON OBTAINED
WILL BE USED FOR THAT PURPOSE"
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
.(~15 ) 942-969O
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE DISCOUNT COMPANY
VS.
TIMOTHY J. BOUDER
ESTHER L. BOUDER
COURT OF COMMON PLEAS
CUMBERLAND COUNTy
No.: 02-5799 CIVIL TERM
_VERIFICATION OF NON-MILITARY SERVICi,;
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), TIMOTHY J. BOUDER and ESTHER L. BOUDER, 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, TIMOTHY J. BOUDER, is over 18 years of age, and resides at
802 RORWAY ROAD, GARDNERS, PA 17324.
(c) Defendant, ESTHER L. BOUDER, is over 18 years of age, and resides at
401 WALNUT STREET, MOUNT HOLLY SPRINGS, PA 17065
(d) Plaintiff, CONSECO FINANCE CONSUMER DISCOUNT COMPANY
F/K/A GREEN TREE 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.
G QUIRE
TO:
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TIMOTHY $. BOUDER
802 RORWAY ROAD
GARDNER& PA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/K/A GREEN
TREE DISCOUNT COMPANY
Plaintiff
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTy
No.: 02-5799 CIVIL TERM
TIMOTHY J. BOUDER
ESTHER L. BOUDER
Defendant(s)
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
~X Judgment by Default
__ Money judgment
__ Judgment in Replevin
__ Judgment for Possession by Default
__ Judgment on Award of Arbitration
_ Judgment on Verdict
__ Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CAI.!:
ATTORNEy: Gregory Javardian, Esquire at this telephone number: (215) 942-9690.
CARYN M. ROHRBAUGH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
R. LUKE ROHRBAUGH,
DEFENDANT
02-5779 CIVIL TERM
ORDER OF COURT
AND NOW, this r0._day of February, 2003, the within petition for a declaratory
judgment and stay an APL adjudication, IS DISMISSEID.1
Edgar B.
Karen L. Semmelman, Esquire
For Plaintiff
Maria P. Cognetti, Esquire
For Defendant
:sal
'When any petition for APL is filed and presented to the support officer for
disposition, and a defense to liability based on a pre-nuptial agreement is raised,
the support officer will refer that issue for disposition in this court.
CONSECO FINANCE CONSUMER
,DISCOUNT COMPANY F/K/A GREEN
TREE CONSUMER DISCOUNT COMPANY
VS.
TIMOTHY J. BOUDER
ESTHER L. BOUDER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5799 CIVIL TERM
SUPPLEMENTAL 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 401 WALNUT STREET,
MOUNT HOLLY SPRINGS, PA 17065:
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Nalne
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
Borough of Mount Holly Springs
Redevelopment Authority of
Cumberland County
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
200 Harman Street
Mount Holly Springs, PA 17065
114 North Hanover
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
None.
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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
None.
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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 unswom falsification to authorities.
j^vo4t i N' Esc un
July 31, 2003 At~rney for Plai~iff
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
£215) 942-9690
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY F/FdA GREEN
TREE CONSUMER DISCOUNT
COMPANY
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5799 CIVIL TERM
TIMOTHY J. BOUDER
ESTHER L. BOUDER
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
Cumberland County Tax Claim Bureau
I Courthouse Square
Carlisle, PA 17013-3387
Dept. of Public Assistance
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
TIMOTHY J. BOUDER
802 RORWAY ROAD
GARDNERS, PA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
Tenants/Occupants
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
PA Department of Public Welfare
Bureau of Child Support Enfomement
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
Green Tree Consumer Discount Company
3401 Hartzdale Drive, Suite 118
Camp Hill, PA 17011
Green Tree Consumer Discount Company
c/o Conseco Finance
7360 South Kyrene
Tempe, AZ 85283
Borough of Mount Holly Springs
200 Harman Street
Mount Holly Springs, PA 17065
Redevelopment Authority of Cumberland County
114 North Hanover
Carlisle, PA 17013
3At oR~m e,t t forne yRfYorJpAl~IAN, ESQUIRE
m
OFF ClAL USE I
OFFICIAL
m
USE
FF CIAL USE
~ I TEN~TS/OCCUP~TS
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
~-~,vv u~-I-I~ES OF
Rec~ved From: 1GreGORy JAVA~Di~
RE: BOUDE~
PS Form 3817, Januar~ 2001
fix fee here in stamps[
6L
J.Jn~,e~
:~!let.udU
UOI
)/~-~aA!le
a
May 9, 2003
NOTICE OF SHERIFF*S SALE
OF REALPROPERTY
TO:
ALL PARTIES IN INTEREST AND CLAIMANTS
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
TIMOTHY J. BOUDER and ESTHER L. BOUDER
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY
TIMOTHY J. BOUDER and ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
CUMBERLAND C.C.P. NO.
02-5799 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 may be 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 Sheriffon 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 lO days after the filing of the schedule.
..... Sincerely;,
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS:
I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Green Tree C D C fka Conseco Fin C D C fka Green Tree C D C is the
grantee the same having been sold to said grantee on the 3rd day of Sept 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 5799, at the suit of Conseco Fin C D C fka Green Tree C D
C against Timothy J Bouder & Esther L is duly recorded in Sheriff's Deed Book No. 259, Page 3013.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this [~,4- day of
d0~ , A.D. 2003
Recorder of Deeds
Conseco Finance Consumer Discount
Company f/k/a Green Tree Consumer
Discount Company
VS
Timothy J. Bouder and Esther L. Bouder
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-5799 Civil Term
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on May 28, 2003 at 8:42 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Timothy J. Bouder, by making known unto Timothy Bouder,
personally, at 802 Torway Road, Gardners, Cumberland County, Pennsylvania, its
contents and at the same time handing to his personally the said true and correct copy of
the same.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law,
states that on May 28, 2003 at 9:25 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Esther L. Bouder, by making known unto Esther Bouder, personally,
at 125 Beech Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the
same time handing to her personally the said true and correct copy of the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on July 8, 2003 at 6:51 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Timothy J. Bouder and Esther L. Bouder located at 401 Walnut Street, Mt. Holly Springs,
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 Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Timothy J. Bouder, by regular mail to his last known address
of 802 Torway Road, Gardners, PA 17324. This letter was mailed under the date of July
3, 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 Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Esther L. Bouder, by regular mail to her last known address of
125 Beech Street, Carlisle, PA 17013. This letter was mailed under the date of July 3,
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 Cottrthouse, 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 fJkJa Conseco Finance Consumer Discount Company f/k/a Green Tree
Consumer Discount Co. 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 f/k/a Green Tree Consumer Discount Co. of 7360 S. Kyrene Road, Tempe, AZ
85283, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of
$634.39.
Sheriffs Costs:
Docketing $30.00
Poundage 12.44
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 16.56
Levy 15.00
Surcharge 30,00
Law Journal 195.65
Patriot News 169.84
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriff's Deed 39.50
$ 634.39
Sworn and subscribed to before me
This ,~ dayof Cr0~g,.fo~, ,
2003, A.D. ~/.. ("f)'~'/.,~g.~,
Fromonotary
R. Thomas Kline, Sheriff
Real Estat~Deputy
CONSECO FINANCE CONSUMER
DIStTOUNT COMPANY F/K/A GREEN
' TREE (~ONSUMER DISCOUNT COMPANY
VS.
TIMOTHY J. BOUDER
ESTHER L. BOUDER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-5799 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiffin 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 401 WALNUT STREET.
MOUNT HOLLY SPRINGS~ PA 17065:
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
TIMOTHY J. BOUDER
802 RORWAY ROAD
GARDNERS, PA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
2. Name and address of Defendant(s) in the judgment:
TIMOTHY J. BOUDER
802 RORWAY ROAD
GARDNERS, PA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
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
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Green Tree Consumer Discount Company
3401 Hartzdale Drive, Suite 118
Camp Hill, PA 17011
Green Tree Consumer iDiscount Company
c/o Conseco Finance
7360 South Kyrene
Tempe, AZ 85283
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.
Nanle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
l 3 N. Hanover Street
Carlisle, PA 17013
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
PA Department of Public Welfare
Bureau of Child Support Enforcement
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
7. Name and address of every other person of whom the plainfiffhas 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
401 WALNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
May 9, 2003
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.
~.~ttorney~ Plaintiff
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVAPd)IAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST 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
VS.
No.: 02-5799 CIVIL TERM
TIMOTHY J. BOUDER
ESTHER L. BOUDER
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
TIMOTHY J. BOUDER
802 RORWAY ROAD
GARDNERS, iPA 17324
ESTHER L. BOUDER
401 WALNUT STREET
MT. HOLLY SPRINGS, PA 17065
Your house (real estate) at 401 WALNUT STREET, MOUNT HOLLY SPRINGS, PA
17065, 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 $116,158.98, 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 mount 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 Sheriffwithin
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 the following described tract of land situated in the Borough of Mount Holly Springs,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
ON the South by an alley, on the East by Walnut Street, on the North by a lot now or formerly of
Charles Yeingst, and on the West by an alley, containing 85 feet in front and 180 feet in depth,
and having thereon erected a two-story frame dwelling house and necessary outbuildings, and
being known as 401 North Walnut Street, Mt. Holly Springs, Pennsylvania.
BEING the same premises which Donald E. Neff and Sondra T. Neff, his wife, by Deed dated
July 13, 1988 and recorded July 13, 1988 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book L 33, Page 498, granted and conveyed unto Timothy J.
Bouder and Esther L. Bouder, his wife.
PARCEL No. 23:32-2336-012.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according 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 office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
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 Mamh 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 of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ...........................~~
CO PY Sworn to a~(~re ~th day~f Aug:is)2003 A.D.
Taffy L. Russell,~ P
Mem~,Pen~y~van~aAs~x~amO~Naa4es My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
ALL ~ £o~o~ of bad To THE PATRIOT-NEWS CO., Dr.
dma~ed in ~h~ E
For publishing the notice or publication attached
oN I~ ~, ~ ~ E.t r~ hereto on the above stated dates $ 1 68.09
WaZa~ k~ aow (~ Probating same Notary Fee(s) $ 1.75
f0m~l Tot al $ 1 69.84
ci
bE
ar, d ~ T, N
'ublisher's Receipt for Advertising Cost
ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
eceipt of the aforesaid notice and publication costs and certifies that the same have
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 tree.
REAL F~TAT'~ SAI~ NO. 35
Writ No. 2002 5799 Civil
Conseco Fhnanee Consumer
Discount Company, f/k/a Green
Tree Consumer Discount
Company
VS.
Timothy d. Bouder and
Esther L, Bouder
AtBr.: Gregory Javardian
ALL the following described tract
of la_nd situated in the Bm,ough of
Mount Holly Springs. County of
Cumberland mid State of Pennsyl
vania, bounded and described as
follows, to wit:
ON the South by an alley, on the
East by Walnut Street, on the North
//~ ~Aarie C°yne' Edit7
SWL.~Qt~ TO AND SUBSCRIBED before me this
I dayof AUGUST, 2003
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-5799 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 TIMOTHY J. BOUDER, 802 RORWAY ROAD, GARDNERS PA 17324 AND ESTER L.
BOUDER, 401 WALNUT ST., MT. HOLLY SPRINGS PA 17065.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 401 WALNUT ST., MT. HOLLY SPRINGS PA 17065 (SEE ATTACHED
LEGAL DESCRIPTION).
(2) You are also directed to a~ach 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 Nm/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $116,158.98
Interest 2/3/03 to 9/3/03 ~ $19.09 per diem
Atty's Corem %
Atty Paid $145.32
Plaintiff Paid
Date: May 15, 2003
(Seal)
REQUESTING PARTY':
Name GREGORY JAVARDIAN, ESQ.
Address: 1310 INDUSTRIAL BLVD
1sx FLOOR, SUITE 101
SOUTHAMPTON PA 18966
Attorney for: PLAINTIFF
Telephone: (215) 942-9696
Supreme Court ID No. 55669
L.L. $.50
Due Prothy 1.00
Other Costs
CURTIS R. LONG
Prothonotary Deputy
Real Estate Sale # 35
On May 27, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Mt. Holly Springs Borough, Cumberland County, PA
known and numbered as 401 Walnut Street,
Mt. Holly Springs, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 27, 2003 By:~ ~.. ~
Real Estate Deputy