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HomeMy WebLinkAbout02-5923MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County V. Cynthia A. Manion James M. Manion ; NO. da- 5`3 403 Petersburg Road Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g)_ The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 403 Petersburg Road MUNICIPALITY/TOWNSHIP/BOROUGH: Township of South Middleton COUNTY: Cumberland DATE EXECUTED: 6/25/99 DATE RECORDED: 6/29/99 BOOK: 1553 PAGE: 599 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 12/11/02: Principal of debt due and unpaid $107,034.90 Interest at 12.4$ from 06/05/02 to 12/11/02 (the per diem interest accruing on this debt is $36.81 and that sum should be added each day after 12/11/02) 5,818.38 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $118.03 should be added in accordance with the terms of the note each month after 12/11/02) 3,799.98 Attorneys Fees (anticipated and actual to 5% of principal) 5,351.75 TOTAL $122,535.01 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $122,535.01 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged prerAses. L??vinc MARK J. UDREN & ASSOCIATES Atto ney for Plaintiff Att02flney I.D. No. 04302 ' LL Qat• eel: tail, tract of land lying and being in the Township of South Middleton, County Of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Noel B. Smith, Registered Surveyor, dated July 16, 1970, as follows: BEGINNING at a point in the center line of Petersburg Road at land now or late of R. Mell; thence along said land of Mell, South 86 degrees 58 minutes East, 296.20 feet to an iron pin; thence continuing along land of Mell, South 8 degrees 19 minutes West, 100 feet to an iron pin; thence along lands now or late of Mary Adams, North 87 degrees 03 minutes West, 287.05 feet to a point on the center line of Petersburg Road; thence along the center line of said Road, North 3 degrees 4 minutes East, 100 feet to the point and Place of BEGINNING. RAVING thereon erected a one-story dwelling. -.September 17, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This representatives r at the contains Consumer CedittColegal information. If You have any questions, unseling Agency may be able to help e You may also want to contact an attorney in your area. The local bar association may be ble to help you find a lawyer. explain it. LA NOTIFICACION EN ADJUNTO ES DERECHO A DE SUMA IMPORTANCLA, PUES AFECTA SU CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA F SER INANCE AGENCY) (PENNSYLVANIA HOUSING E SIN CARGOS NUMERO MENCIONADO "HOMEOWNER'S PARA UN PRESTAMO POR EL PROGRAMALLPUEDES NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" AMADO PUEDE SALVAR SU CASA DE LA PERDIDA EL CURL HIPOTECA. DEL DERE O REDI1NIlR SU Exhibit R HOMEOWNER'S NAME(S): Cynthia A. Manion PROPERTY ADDRESS: James M. Manion -- 403 Petersburg Rd. - LOAN ACCT. NO.: Carlisle PA_1701_3_._ _ __ 6904003719 - - ORIGINAL LENDER: _ _-_-- -- -- -- - _- Greentree Consumer Discou t C CURRENT LENDER: n ompan. _ y _-___ Conseco Finance Consumer Discount Co mpan..y____-. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOTT MAY RF. F,T TCTRT F FOR FT TA TT'TAT A HF,T.P V(lU MAKF FilTTIRE l?T()RT( (-F, 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. TEMPI MARY STAY OF FORFCT oSilR - Under the Act stay of foreclosure on your mortgage for you are entitled e. a temporary - time- you ?rh' (30) days from the date of this Notice. During that 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 MFFTTNC A"TiST ()C C TTR Pn THE NEXT (3.0) DAYS IF YOU DO wrvr nnnr. __ -ONCTTMFR [ RFi)iT (OTTNSFi TAT( ACFN( rFC _ credit counseling agencies listed at the end of this notice, the If You meet with lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and t 1 of designated consumer credit counseling agencies forte c °nnnnP?mimne d are set forth at the end of this Notice, It is only necessary to schedule }e-to- ac i_ meeting. Advise your lender ?- one face-to-face meeting. immedia}el,. of your intentions. APPT,TCATTON FOR MORTC'ACF ASSTST rYour mortage is in default or the easons 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 Page 2 of 6 face- to-face meeting. YOU MT1.ST 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, MAY APPL CCLOS ATION FOR OR GAGE ASSISTANCE WILL BE DENIEIMMEDIATELY AND YOUR AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE t1R TTT" ^ffXATA T - The MORTGAGE debt held by the above lender on your property located at: 403 Petersburg Rd. Carlisle PA 17013 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: ?- A uA rnrough August 5 2002 Other charges (exphdn/itemize): B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not usd if not anz lirahle))' &A H(1W Tn CTTRF rc, '" " T _ You may cure the default within DE TY (30) DAYS of the date S this nohce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENTHIR of ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE D CH IS $b$¢$RT PLUS DAY PERIOD. 1Parments must he made eith r h rah nasbict's , DURING THE THIRTY (30) and cent t r ni mnnev n.de. MArk.i. Tidran X A 1840 N Kinus H'ghwpv ?'herrv Hill NT 11R0i4 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable ): h" IF of the a date e Of th thiis s TURF T TIFFAT -- If you do not cure the default within THIRTY (30) DAYS t g$ge deter This Page 3 of 6 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 fllreclnce noon vnnr mnrfvane' IF THE MTIRTCACF TC F/1RFCT (ICFI) ti -- The o pay off the mortgage debt. If the lender refers your case to mortgaged attorneysebut youcure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. altuir?pt}nrney'c feet" f)THFR T Fills _a R_ l\ n*Fe - r the lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RTC,HT TC1 CTIRF THE TIFFATTi T PRTOR Tn C _ wfthm the THIRTY (30) DAY period and foreclosure proceedings have bef yn, hav enot have the default nnre the defanit and pre r r6e Cale at a t 3' a the right to default in the manner set forth in this notice will restore your mortgage to the same positionnas if you had never defaulted. E Sheriff Sale of the the mPO m F CHF Shenff s RTFF?C CAT F - It is estimated that the earliest date that such a ortgaged property could be held would be approximately- 6 the date of this Notice. A notice of the actual date of the Sher Dfcoui se the amount needed to cure ifPs_$a_ le will be seat to You before thesalem 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. MM TT1 CQW CT T ^' T F n Name of Lender/Servicer: Couseco Finance Sgrvicin Co_ Address: 7360 S. Kyrene Rd. - - TemQe AZ 85253___ _ _ Phone Number: ?00? 603-1109 - ----'------- Fax Number: -------- 80? 333_6460 _ _- Contact Person: EFFF(T nF CHFRTFF'C CAT F _ 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 Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the ender at any time. ASST1Mp"??f1N nF MORTCACF . You may 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. Page 4 of 6 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is -- - -- - an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of 6 • 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 DOCUMENTS, ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 5414670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 •nr?Ti Y4asr ?r I!?^a a o a m m rq m ? m m Ln -O EM m =-- o 0 o p 0 0 0 0 o 0 ?l r9 wn Ln ru ru N C3 O O O O N ? Wy F- VQ o 03 WU)cj LLaSSZ U. LU OZ?P-? co 30YIx U a 2 A L? 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U ' ? 5- a E.«m $ q 0 8 o a -4c d 5 z z a y¢ 8 r -- - . -T v H a -r .0099 uuod Sd 8 UNVINOdWl 1ou sl 1d!a otl a4i le eln Wewlsod oil ¦ luawaslopue s,aessaippe !Ppe ue Jod ¦ .Ppe ue io ¦ Old 'salgenlen v,,nl;Nl ON ¦ Ilow PelgyiaO ¦ 1o Wooa, y . ainleuBis y PI enblun V u Bu!Ilew V W pa!J!Ua? V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ?? ? ? `? o w U? ?= f?? W s SHERIFF'S RETURN - REGULAR CASE NO: 2002-05923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS MANION CYNTHIA A ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANION CYNTHIA A the DEFENDANT , at 1800:00 HOURS, on the 18th day of December , 2002 at 403 PETERSBURG ROAD CARLISLE, PA 17013 JAMES M MANION by handing to 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 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 3.4., day of a2yu3 A. D. W/Prothonotary So Answers: R. Thomas Kline 12/19/2002 MARK UDREN By riff Deputy S r1 .1? CASE NO: 2002-05923 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS MANION CYNTHIA A ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE M AI\TT(')NT .TAMP....q M was served upon the DEFENDANT at 1800:00 HOURS, on the 18th day of December , 2002 at 403 PETERSBURG ROAD ('ART TST,F. PA 17013 JAMES M MANION by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this uC day of A. D. ta/? r So Answers: 01 ?A R. Thomas Kline 12/19/2002 MARK UDREN By : Deputy Siff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company Plaintiff V. Cynthia A. Manion James M. Manion Defendant(s) ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County .NO. 02-5923 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: January 22, 2003 MARK J. UDREN & ASSOCIATES BY: ark J. Udren, Esquire Attor ey for Plaintiff V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 3, 2003 Name: Ruth Hernandez Title: Foreclosure Manager Company: Conseco Finance Servicing Corp, Cynthia A. Manion James M. Manion Loan #6904003719 MJU #0234626 c c t-? ?-' =? - - ;v (!J .r -? .- ? _Y ?- y. C_ -?? _.. . _ - :: ?n =< MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE NO. 02-5923 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER-AND- TO SESSM_F;NT OF DAMAGE THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the 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 $122,535.01 Interest Per Complaint 1,546.02 From 12/12/02 to 1/22/03 Late charges per Complaint 236.06 From 12/12/02 to 1/22/03 Escrow payment per Complaint -OQ From 12/12/02 to 1/22/03 TOTAL $-12-4, 7 02 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. M(torney RI J. UDREN & ASSOCIATES Udren, ESQUIRE for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND ATED DATE: J? Coo PRO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company Plaintiff V. Cynthia A. Manion James M. Manion Defendant(s) DATED: January 10, 2003 TO: Cynthia A. Manion 403 Petersburg Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5923 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 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA 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 PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company Plaintiff V. Cynthia A. Manion James M. Manion Defendant(s) DATED: January 10, 2003 TO: James M. Manion 403 Petersburg Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5923 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 SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, E ESCUCHAR L TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 PERDER BIEN SB YA OTROS? DERE OS, IMPORTANTES. DEBE CONTRA, LLUSTED EVAR P ESDTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) MORTGAGE FORECLOSURE NO. 02-5923 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ARIZONA COUNTY OF MARICOPA SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age- Residence: Employment: Sworn to and subscribed before me thi 3rd day o January , 2 3. o ary u is Cynthia A. Manion Over 18 As captioned above Unknown above ? r i ame : Ruth Hernandez Title: Company: Foreclosure Manager Couseco Finance Servicing Corp. James M. Manion Over 18 As captioned Unknown OFFICIAL SEAL Q8NIS5 SMOLUCH NOTARY PUBLIC-ARIZONA MARICOPA COUNTY My Commission Expires Jzn. 5, 2006 Z ? ? ?-??o ??.,c ??? ?? ?? ?? ? ? rr1 ?? ?? ?` =?: J ?: ?.?: :, ?5 Y_ CJi .-; MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE :NO. 02-5923 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $124,317 09 Interest From Jaruuary 23_, 20U 5,153.40 to Date of Sale June 11 Per diem @$36.81 (Costs to be added) $_ MARK J. UDREN & ASSOCIATES ITo k U dren, ESQUIRE R Y OR PLAINTIFF r-- P w ro w ? C ODD ' I - I-Fif i N3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5923 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CONSUMER DISCOUNT COMPANY F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From CYNTHIA A. MANION AND JAMES M. MANION, 403 PETERSBURG ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $124,317.09 L.L. $30 Interest FROM 1/23/03 TO DATE OF SALE 6/1 1/03 -PER DIEM @ $36.81- $5,153.40 Atty's Comm % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: JANUARY 27.2003 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-5923 C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES a en, ESQUIRE ORNEY FOR PLAINTIFF ? C> C. L,.: iJ?? r, .. ?_. ?1Sn ?(, '-- ' ;v -?: ;- r:: _ -,. %?? C ;, ., J ? `?' <r =: MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE NO. 02-5923 AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 403 Petersburg Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Cynthia A. Manion 403 Petersburg Road, Carlisle, PA 17013 James M. Manion 403 Petersburg Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address 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 Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 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 Address Tenants/Occupants 403 Petersburg Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: January 22, 2003 rt dren, ESQ. ttorn for Plaintiff ED f MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 NO. 02-5923 Defendant(s) NOTICE OF SHERI]EF- S SALE-OF READ, PROP-E$,TY TO: Cynthia A. Manion James M. Manion 403 Petersburg Road 403 Petersburg Road Carlisle, PA 17013 Carlisle, PA 17013 Your house (real estate) at 403 Petersburg Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlise, PA , to enforce the court judgment of $124,317.09, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE_ OF OVER! S__.RI_GHTS YOU MAY BE ABLE_TO_PREVENT THI ERZEF_IS SALE -SH To prevent this Sheriff's Sale, you must take ImmeWia-tA--_actiozu 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900- 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.?Y--ST3-LL-BE- ABLE T-O__ SKV _YOUR PROPERTY AND XOIJ--HAL7E--OTH-E?R--RI-GHT-S F,VFN IF THE- SHERI-F- ? _SA,IE DOES_T E_PLACE 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 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 856-482-6900. 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 within 30 days after the sale. 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 after Schedule of Distribution is filed. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 0 C7 ._, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION ;Cumberland County :NO. 02-5923 AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then order is attached hereto as Exhibit "B". All Notices were served within the ti e in 3129. This Affidavit is made subject to th ena relating to unsworn falsification to thor 1 Dated: April 25, 2003 kIMARK f of compliance with said is 4et forth by Pa Rule C. P. ies o 18 Pa.C.S. Section 4904 :ies . ?? J. UDI?EN & AS56CIATES BY: y I N? Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conseco Finance Consumer =COURT OF COMMON PLEAS Discount Company f/k/a Green :CIVIL DIVISION Tree Consumer Discount Company :Cumberland County 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff NO. 02-5923 V. Cynthia A. Manion James M. Manion 403 Petersburg Road Carlisle, PA 17013 Defendant(s) DATE: January 23, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): CYNTHIA A. MANION & JAMES M. MANION PROPERTY: 403 Petersburg Road, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on June 11, 2003, at 10:00 A.M., at the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 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. EXHIBIT A "? u ? 75 ' m $ m Fa O ai EQ , -ESE E r- 2 m LL o 2Elis I o g - s . k ? W 7 W tS J{j M O? v ? d ?? ° Q m C/3 LL L r?_No W ' - y or+ ? Em E - _r ga 8 :t C O ?LL ?? aS W E $ SE?W? r a m Y c E X?v m Q W 4 O F, ,m ( i m g W _i 89 _ W mC C> ,_ mN E - C j F F U o ? a lc.?. d ?: b 10- m rn ?? WN m ? - - 5 ? -19 C m t ??? oL '5 ma?.??a U??? 2 V g 3 HE V `o a v _ - r -- - - - y (o m m m LL z m ? m N -f1 13L . J 2c+ . F- y. 7 ,r" g _y .r Lu aat? ? ?UU w o : ???? m O Q U Z ~ LL `- " _ OQ F- a N O 2 ) H Q CC. w IL v ` z O ? ¢ Q- F- m O d U) m v ?= c? V._ a Q- tO w m a r) CL cl) = ° m .- ~ (1) o O < ( ) , Q o Goo vi a w CO Q Z . a cv LL uo- (4 m m ZS Z a Ow O=? Q? 20 ?Wy w?C9 rn o §W N re ?wa CL ?? a_ `o y G 2 C* ?a w- ?a ¢? =) w?O U Ud a a W. ?' (? c 1¢-uJ UU F ZWm ?W = m Z ? YZui _ 3 o H W E m W? i ? u w w 0=)(p Z- i Z. _> m m ao?S Z Q? ?C >it ZIr F. CE 09) : F -Q cj0 i m ??e m a `Ov m m E QZ Q co N OQ z DZO ?co ns WD o Wa UQU Env) Z¢ m c J ?- N c?) et L(? (O 1- OD 0 O r r r r r r w F9 J C m CL C a0 m O Y C .d 3 m a .C m E O s:. ? S'ts O Z' ti ? Tok a i r 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. 2002-5923 Civil Term VS Cynthia A. Manion and James M. Manion Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on February 05, 2003 at 10:52 o'clock AM, 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: Cynthia A. Manion, by making known unto Cynthia A. Manion, personally, at 403 Petersburg Road, 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 February 05, 2003 at 10:52 o'clock AM, 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: James M. Manion, by making known unto Cynthia A. Manion, wife of defendant, at 403 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, its the contents at the, same time handing to her personally the said true and correct copy of Jason Vioral, Deputy Sheriff, who being duly sworn. according to law, states that on April 04,'2003 at 4:45 o'clock A.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 Cynthia A. Manion and James M. Manion located at 403 Petersburg Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served: the above Real, Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Cynthia A. Manion, by regular mail to her last known address of 403 Petersburg Road, Carlisle, PA 17013. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff s Office. R."Thomas Kline, Sheriff, who being duly sworn according to law says he.served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named - defendants to wit: James M. Manion, by regular mail to his last known address of 403 Petersburg Road, Carlisle, PA 17013. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff s Office. Sworn and Subscribed to Before Me This Day of 2003, A.D. So Ans ers: .? R. Thomas Kline, Sheriff Prothonotary BY V Real Estate eputy FDA( HI 113 , F, ? ?..? O ,..} ? ;, c?"'? G"-' : ? i7' '' 1, U ; r', J'.7 rr ? ° =G 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. 2002-5923 Civil Term VS Cynthia A. Manion and James M. Manion R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Surcharge Law Library Prothonotary Mileage Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 30.00 12.88 15.00 15.00 30.00 .50 1.00 6.90 15.00 242.15 263.20 25.24 $ 656.87 paid by attorney 5/14/03 Sworn and subscribed to before me This .17 ? day of 2003, A.D. Prothonotary So Answe s: °` -- _ w R. Thomas Kline, Sheriff BY Q Real Est e Deputy f)P cv 9 D9D3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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 loCarsle in the County d State cal courts as the official legal aforesaid, was established January 2, 1952, and designated by the 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: APRIL 25, MAY 2, 9, 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 REAL ESTATE SALE NO. s -er of publication are true. Writ No. 2002-5923 Civil Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company vs. Cynthia A. Manion and James M. Manion Atty.: Mark J. Udren ALL that certain tract of land ly- ing -and being in the Township of South Middleton, County of Cumber- land, Commonwealth of Pennsylva- nia, being more particularly de- scribed according to survey of Noel B. Smith, Registered Surveyor, dated July 16, 1970, as follows: BEGINNING at a point in the cen- ter line of Petersburg Road at land now or late of R Mell: thence along said land of Mell, South 86 degrees 58 minutes East, 296.20 feet to an iron pin; thence continuing along land of Mell. South 8 degrees 19 minutes West. 100 feet to an iron pin: thence along lands now or late of Mary Adams, North 87 degrees f a Marie lCoditor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 g q__ _ j 1, My Ciw,-.111 11 E* 185 03 minutes West, 287.05 feet to a point on the center line of Peters- burg Road; thence along the center line of said Road, North 3 degrees 4 minutes East, 100 feet to the point and Place of BEGINNING. HAVING thereon erected a one- story dwelling. TITLE TO SAID PREMISES IS VESTED IN James M. Manion and Cynthia A. Manion, as tenants by the entireties, by Deed from David Allan Lapato, a single man and Ramonda C. Lapota, single woman, dated 6/ 1/78. recorded 6/1/78, in Deed Book V 27, Page 204. PROPERTY ID NO.: 40-25-0060- 012. BEING KNOWN AS 403 PETERS- BURG RD., CARLISLE, PA 17013. 4 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 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 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 April and the 6th day(s) of May 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. /-1 PUBLICATION COPY SALE #5 Sworn to and suv coed before me,14k 14th day of A. D. REAL ESTATE SALE No. 5 Writ No. 2002-5923 Civil Term Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company vs Cynthia A. Manion and James M. Manion Atty Mark J. Udren 15ESCRIPTION ALL that certain trac of land lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Noel B Smith, Registered Surveyor, dated July 16, 1976, as follows: BEGINNING st. a point in the center lineof Petersburg Road at land now or late of R. Mell; thence along said land of Mell, South 86 degrees 58 minutes East 296.20 feet to an iron pin; thence -Notarial Seal Terry L. Russell, Notary Plubl City Of Harrisburg, Dauphin Cdunty OT RY PUBLIC My Commission Expires June 6, 2006 Member, Pennsylvania Association Of fission expires June 6, 2006 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 on the above stated dates $ 261.45 Probating same Notary Fee(s) $ 1.75 Total $ 263.20 continuingalongland ofMel],South 8degrees 19 Publisher's Receipt for 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. minutes west, 100 feet to an iron pin, thence along lands now or late of MaryAdams, North 87 degrees 03 minutes West, 287.05 feet to a point on By the center line of Petersburg Road; thence along the center line of said Road, North 3 degrees 4 minutes East, 100 feet to the point and Place of BEGINNING. HAVING thereon erected a one-story dwelling. TITLE to said premises is vested in James M. Manion and Cynthia A. Manion as tenants by the entireties, by deed from David Allan Lapato, a single man, and Ramonda C. Lapota, single woman, dated 611178, recorded 6/08, in Deed Book V 27, page 204. Property ID No: 40-25-0060-o 12. BEING known as 403 Petersburg Rd., Carlisle, PA 17013.