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HomeMy WebLinkAbout01-4552 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ 85283 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO bIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. I, Robert P Ziegler ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the SherifPs Deed in which ................ Conseco Fin Con Disc Co .................................................................................... is the grantee 6th the same having been sold to said grantee on the ............................................... day of March 02 ........................................ A. D., ..' ..... , under and by virtue of a writ .............. Execut/.on 2 7 t h ................................................ is&ued on the Sept day d ............... A.D., 01 ................ ~ out of the Court of Comman Plea~ of said County'as of C/.v/.1 ................................................................................... Term,: ...... 4552 Conseco Fin Con Disc Co Number .............. , at the suit of Terry J Robinson & Sharon C ................................... against .................................................... h duly recorded in Sheriff's Deed Book No. __ _2=~_ 1= .... , 1376 = = Page ............. 01 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of sa/d office this _~=.~.=_--'~' day Conseco Finance Consumer Discount Company VS Terry J. Robinson and Sharon C. Robinson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4552 Civil Term Douglas Donsen, Deputy Sheriff, who being duly swom according to law, states that on November 7, 2001 at 3:41 o'clock pm, EST, 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: Terry J. Robinson, by making known unto Sharon Robinson, adult in charge, at 254 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2001 at 3:41 o'clock pm, EST, 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: Sharon C. Robinson, by making known unto Sharon Robinson personally, at 254 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 1:01 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Terry J. Robinson and Sharon C. Robinson located at 2157 Ritner Highway, Shippensburg, 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: Terry J. Robinson, by regular mail to his last known address of 254 North Enola Drive, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 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: Sharon C. Robinson, by regular mail to her last known address of 254 North Enola Drive, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Gregory Javardian for Conseco Finance Cnsumer Discount Company. It being highest bid and best price received for the same Conseco Finance Consumer Discount Company of 7360 So Kyrene, Tempe, AZ 85283, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $2145.97 it being costs. Sheriff's Costs: Docketing 30.00 Poundage 800.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.85 Certified Mail 2.32 Levy 15.00 Surcharge 30.00 Legal Search 200.00 Law Journal 497.90 Patriot News 404.70 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $2145.97 Sworn and subscribed to before me This ,t~~ 2002, A.D. __ day of i~)~u,h0 P'r-o~onoiary R. Thomas Kline, SHeriff Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 11 Writ No. 2001-4552 Civil Term Conseco Finance Consumer Discount Company VS Terry J. Robinson and Sharon C. Robinson 2157 Rimer Highway Shippensburg, PA 17257 Sale Date: Buyer: Bid Price: March 6, 2002 Conseco Finance Consumer Discount Company $40,000.00 Real Debt $88,958.03 Interest 2,426.92 Writ Costs 125.10 Total $91,510.05 DISTRIBUTION Amount Collected Sheriff's Costs Legal Search $2,145.97 1,945.97 200.00 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 11 Held Wednesday, March 6, 2002 Date: March 6, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Barbara L. McMullett, unmarried,, by deed dated April 19, 1996 and recorded April 19, 1996 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 137, Page 965 granted and conveyed to Terry J. Robinson and Sharon C. Robinson, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of US Route No. 11 known as the RitnerHighway. 6. Private rights in a 50 foot wide private right-of-way located immediately adjacent to the eastern boundary of the subject premises as imposed by deed recorded in Deed Book 109, Page 092.. 7. Mortgage in the amount of $73,200.00 given by Terry J Robinson and Sharon C. Robinson to Greentree Consumer Discount Company dated August 14, 1996 and recorded August 15, 1996 in Mortgage Book 1336, Page 572. Complaint in mortgage foreclosure filed by Conseco Finance Consumer Discount Company as Plaintiff against Terry J. Robinson and Sharon C. Robinson as Defendants on July 30, 2001 in the Office of the Prothonotary of Cumberland County on July 19, 2001 to file number 2001-4552. Judgment in the amount of $88,958.03 entered September 27, 2001. 8. Satisfactory evidence to be produced that complaint in foreclosure was properly brought by Conseco Finance Consumer Discount Company where Mortgagor of record in Greentree Consumer Discount Company. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~~/~pgoertnsthall n~alid or binding until countersigned by an authorized signatory. CONSECO FINANCE CONSUMER ~5ISCOUNT COMPANY VS. TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 AFFIDAVIT PURSUA~N? TO RULE 31~9~1 plaintiff in the above action sets forth as oftbe date the Pmecipe for the Writ of Execution was filed the following information concerning the real property located at 2157 RITNER I-HGHWAY. SHIPPENSBURG. PA 17257: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertn/~A, please indicate) TERRY J. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 SHARON C. ROBINSON 2157 RITNER HIGHWAY SH[PPENSBURG, PA 17257 2. Name and address of Defendant(s) in tbe judgment: TERRY i. ROBINSON 2157 RITNER HIGHWAY SHlPPENSBURO, PA 17257 SHARON C. ROBINSON 2157 RITNER HIGHWAY SHlPPENSBURG, PA 17257 3. Name and last known address of every jud~,;~nt creditor whose judgement is a record llen on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4, Name and address of last recorded holder of evc, ry mortgage of record: Nan~ Last Known Address (if address cannot be reasonably ascertained, please indicate) Pbin6ff. 5. Name and address of every other person who has any record lien on the property: Name NOI~. 6. Name and address of every other person who has any record interest in the property and whose Cumberland County Tax Claim Bureau Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the plaintiffhas knowledge who has any Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occu~ 2157 RITNER HIGHWAY SHIPP~SB~O, PA 17257 I verify that the statements ~de in this smdavit are true ,nd corr~t to the best of my knowledge, information and belie£ I undemand that ~al~ statements herein are subject to the penalties oflg Pa. C.S.A. 4904 relating to unswom falsification to authorities. Septem!~r 21, 2001 LAW OFFICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDENTWICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SO~N, PA 18966 (215) 942-9690 CONSECO FIN~ CONSUMER DISCOUNT COMPANY VS. TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 TO: NOTICE O1~ $1tKRIFW$ ,SAJ~E Og ~AL PROP]~RTY TERRY & ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 Your house (real estate) at 2157 RITNER HIGHWAY, SHIPPENSBURG. PA 17257, is scheduled to be sold at Sheriffs Sale on MARCH 6. 2002 at 10:00 A.M., in the Cmnberlm~ Coumy Courthouse, 1 Courthouse Square, Carli.~le, PA 17013, to enforce the court judg,,~nt of~8,9~.03, obtnined by CONSECO FINANCE CONSUMER DISCOUNT COMPANY, agnln~t you. N,,O, TICE OF OWNER[S ,RIGHTS, YOU MAY BE ABLE TO PREVENT THIS SHERIFF~ SALE To prevent this Sheriffs Sale, you must take immediate aeti~on: 1. The sale will be cancelled ifyou pay to the mortgagoC the hack payments, late charges, costs nnd reasonnble attorney's ~cc~ due. To fred out how much you must pay, you tony call: (215) 942-9690. 2. You may be able to stop tbe sale by tiling a petition nsldng the Court to sm'ke or open the judgment, if tbe judgment was '?roperly 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 pro~s. 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 $~3LL BE ABL~.TO SAVE YO~JR pROPF~Ty AND,,YOU ~ua~rs EVeN IF Tm~ sm~Rn~S S~L~ ,DOES TAK~ PL~C~. 1. Ifthe 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. 3. The sale w~l go through only if the buyer pays the Sheriffthe fifll amount due in ~ ~. To fred out ifthis 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 Shar~ you will remain the owner of the property as if the sale uever happemd. 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 d~,~d to the buyer. At that time, the buyer may brlno~ legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule ofdistn~ion of the money bid for your house will be filed by the Sheriff. This schedule will state unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You n~ also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL that cer~aln tract of land situate in the Vill%oe of Stou~h.~own, North Newton Townsh~, Cumberland County, Pennsylvania, more particnlarly bounded and described as follows: BEGINNING at a point, a Parker kalon nail in the centerline of the Ritner Highway (U.S. Rome 11), at comer of lands now or formerly of Sharp S. Jumper, thence along la~s now or formerly of Sharp S. Jumper., North eighteen (18) degrees twenty-eight (28) minutes forty-three (43) seconds West, two hundred twenty-six and sixty-five hundredths (226.25) fe~t (passln~ through an iron pin on line twenty-five and eleven hundredths (25.11) feet from the aforesaid Parker kalon nail) to an iron pin; them~ along lands now or formerly of Terry J. and Sharon C. Bobi~on, South seventy (70) d~r~s fuSy-tlm~ (53) minutes they-two (32) seconds West, nine and fiRc~n lnmdredt~ (9,15) feet to an iron pin; thence along lands of same South seventy-one (71) degrees thirty-two (32) minutes fl~-two (:52) seconda West, one hundred one and thirty- seven hundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R. Willian% South zero (00.00) degrees faRy-nine (59) minutes forty-nine (49) seconds West, forty- three and seventy-nine hundredths (43.79) feet to an iron pin; ~aex along lands o£same, South sixteen (16) degrees fi[ty-ni-e (59) minutes fury-six (56) seconds East, one b,~red ninety-one and seventy-om hundredth.n (191.71) feet to a Parker kalon hall in the centerline of the Ritner Highway (U.S. Route 11) (passing through an iron pin on line twenty-five and eiEhteen hundredths (25.18) feet from the aforesaid Parker kalon nail); thence over the centerline of Ritner Highway (U.S. Route 11) North sixty-six (66) minutes thirty-four (34) seconds East, one hundred thirty and eighty-om hundredths (130.81) feet to a Parker kalon nail, the point and place of BECIINNING. Containing 29,272 sqo_are feet, more or less. SUBJECT to a fifty (50) fe~t wide private right-of-way loc~_.t _,~d :,,;--.~liately adjacent to the eastern boundary of the lot herein conveyed, for ingre~, egress, and regress to a certa~ parcel of land consis[iag of 5.570 acres, more or less, ~ immedlately to the North ofthe lot herein conveyed and being owned by Terry J. and Sharon C. Roll, on, husband and wife, through e, ccd from James W. Robinson dated July 8, 1994, and recorded in ~land County ~ Book 109, page 092. The description of the lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bart, I~S., dated March 1, 1995. BEING known as 2157 Rimer Highway, Sh'.mpensburg, PA 17257. BEING THE SAME PREMISES which Barbara L. McMullen, nnr~rried, by Deed April 19, 1996 and recorded April 19, 1996 in D~,~! Book 137, page 965, in the Recorder of ~Dc. cals ~ in and for Cumberland County, granted and conveyed unto Terry L. Rob~-~non and Sharon C. Robinson, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumber.l.a~d COUNTY: To satisfy the debt, interest and costs due NO. 01-4552 CIVIL ~3(...TE~%~ CIVIL ACTION - LAW Conseco Finance ConsLcner Discount Ccmpany PLAINTIFF(S) from Te~y J. Robinson and Sharon C. Robinson, 2157 Ritner Highway, Shippensburg, PA 17257 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqa.1 Descr±ption (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/are 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 anyoneother 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 staled. Amount Due $88,958.03 from 9/21/01 to date of sale Interest Atty's Comm % Atty Paid S125.10 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Curtis R. Long Date: S~_pt~-nber 27, 2001 REQUESTING PAR/Y: ' Name Gregory Javardian, Esq. Address: 44 Second Street, Pike, Suite 101 Southampton, PA 18966 Attorney for: Plaintiff Telephone: 215-942-9690 Supreme Court ID No. 55669 Prothonotary, Civil Division ~'Depuly REAL ESTATE SALE No. I\ On October 30, 2001, the sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, known and numbered as 2157 Rimer Highway, Shippensburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date:October30,2001 By: ~612~ .~.g~ Real Eshte Deputy 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. Roger M. Morgenthal, 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: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE Ka~ NO. 11 Writ No. 2001-4552 Civil Conseco Finance Consumer Discount Company VS. Terry J. Robinson and Sharon C. Robinson Atty.: Gregory Javardian ALL that certain tract of land situ- ate in the Village of Stoughstown, North Newton Township, Cumber- land County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Parker kalon nail in the centerllne of the Ritner Highway (U.S. Route 11), at corner of lands now or formerly of Sharp S. Jumpor; thence along lands now or formerly of Sharp S. Jumper, North eighteen {18} degrees twenty- eight (28} minutes forty-three (43} seconds West, two hundred twenty- six and sixty-five hundredths SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002_ _ I THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow 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 29th day(s) January and the 5th and 12th day(s) of February 2002. 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 Dauphi~l in Mi Volume 14, Page 317. PUBLICATION .............................................. COPY Sworn to and subscribed before r S A L E #11 Tern/L ~ : UO;~6'~ PUBLIC commission exPires June 6, 2002 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 Probating same Notary Fee(s) Total $ 403.20 $ 1.5o $ 404.70 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. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY SAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ 85283 PLAINTIFF VS. NO. TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER I-UGHWAY SI-ffPPENSBURG, PA 17257 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE Conseco Finance 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 Terry J. Robinson and Sharon C. Robinson, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated August 14, 1996 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1336, page 572. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. The Mortgage is secured by Defendant(s) Note dated August 14, 1996 in the amount of $73,200.00 payable to Plaintiff in monthly installments with an interest rate of 12.15%. The land subject to the mortgage is: 2157 Ritner Highway, Shippensburg, PA 17257. 4. The defendant(s), Terry J. Robinson and Sharon C. Robinson are the real owner(s) of the land subject to the mortgage and the Defendants' address is: 2157 Rimer Highway, Shippensburg, PA 17257. 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 7/18/2001 Accumulated Late Charges Attorney Fees/Costs TOTAL $71,041.98 11,629.63 1,088.82 3,700.00 $87,46O.43 plus interest from 7/19/2001 at $23.40 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 defendants June 1, 2001. 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 $87,460.43 together with the interest from 7/19/2201 at $23.40 per day, costs of suit and attorney fees. Law offices of Gregory Javardian ~/ Att0m~JD No. 55669 AUG-23-1999 ~ON 09:16 S ,_~.~,,O..I, 01" 0~-05 ...... r, , :, ¢OUI~Ty-?,,~ '96 BU ] 35 tiff 11 3]. F~× NO, P. 02/22 It' checked, refer ~o ~te attac~d A~_td~lum ~¢or~oratad l~reJn, for addltlomd Mortgagors, their signatures and CONVEYA~ICE, Por ~ and valuable consideration, the receipt and sufficiency of which P,t~C~Z, ZD 30-28-2040=0(~2.-~" '. -o :1.336 ,573 The properly is located in ~ .......................... ..... ~;~i' "' .... ~ " ", ,~i;X ...................... . Peno~wh ,.., ..................... Tog~ wi~ ~l fights, ~ts, ~pur~, ~dt~, ~ rl~, oH ~ g~ dl~, ~ water s(~ ~ ~l ~ng a~ fu~ ~, ~ur~, fixfu~, ~ ~ time ~ tl~ futura, ~ p~ of the ~t ~e ~ abow (~ mf~ ~ ~ -p~[~.). ~ OBMGA~ON ~. ~.m~ p~ci~l ~nt ~ by ~E ~i~ ln~m~t a~ ~y o~ th~ shall mt ~ s ....2~[Q~,.~g ............................. - -- '- ~ Ii~on of ~unt does ~t ~rsu v~ldty n~e puruu~ to this ~ty ~tmt~nt. Also, this It~. ~ ~ ~ply to ~v~ · . .... ~ow ~ alt their e~s, m~s, ~ or ~b~ituti~. ~ · uggmt~ t~t ~u Inclnde ft~ a~ ~ ~m~' ;t~tt~, Itote ammo~z, ttttereZt ~Ms, ~tn~ dat~, etc,) AUG-23-1999 MON 09:18 AH FAX NO. P. 03/22 All futura ndvtmecs from Lender to Monsnsor or other fuWrc obtlS~ior~ et' Ivlortsal~or to l.~nder under uny promissory note. cOmrect, gunren[y. OF other evidence or debt executed by Mot~,a~m' itt fever of Lender executed .'d'ter this Security Instrument whether or not this Security instalment is specifically referenced. If more than one person slsns this Security instrument, each Mm~gagor agrees that this Security lns~ument will eccurc all futura advnnce~ and f'ututc obligations that arc given lo or incurred by any one or mmc Mortga~or, or any rote or more Mortgagor m~l others. All future advances end caller future obli&etlons are secured by this Security lnstruteent even tho~glt ail or part may not yet he advanced. All future eOvanecs and other future obligatlem ~ns secured as If made on the da~ et' this Security Instruntant, Nmhlng in this Security Instrument ~bail constitute a commitment to make nddltionai or f~ure loans or advances in t~ny amount, Any such COnunJtmeat must be agreed to in a separate writing. C, All obligations Mort~aRor owes to Lander, which may later nrise, to thc extent not prohibited by law. Including, but not limited to, llebiliti~ for over,rafts relatlns to any doposh a~count agreement L~wecn Moffi~or and lender. D. All additional sums edvanced and e,~l~.4 t~:urrad by ~cr for insurl~, ~g or ot~ ~ing thc Pr~y ~d its value ~d any other ~ adv~ed ~d e~n~ ~u~ ~ ~ ~ t~ ~ms of this ~rity ~m~t. This ,~=urity Instrument will not secure any other debt if Lender fails to i~iv~ aW t~l-ired ~oti~e of the r|ght of res:talon. · S, PAYMENTS, Moflgagor agrees tha% ail j~ynmnts uod~ th~ Secured Debt will be pald when ~ue and in mceozdnnce with thc · ' terms or the Smured Debt ~nd Ibis Se~utity lp. stmment. WARRANTY OF TITL,~. Mortgagor warrants tits[ Mortgagor is or will be lawfully seh~! of the e~tate conveyed by Ibis Security Instmmcot and ha~ the right to p~'ant, bat'gain, convey, se, ii, and mortgage thc Pro~rty. Mortf, a~or also warrants that the Property is unencumbered, except for encumbranc~ o£recoul. 7. i'RIOlt SECURITY INTI~RI~S'I'S. With regard to any other mortgngc. ~]ced of tr~s~, security M~'ecmcot o~ other lien document thai creatnd a prior securtty ~ntercst of encumbrance on tire Property. Moflga~or a~rer~: A. To make ali paymonts when due and to perform or comply with ail covenant~. I~. To promptly deliver to Lender any notiecs that Mortgagor rece~vns from the holder. C. Not to allow any modification or u~tensiou of, nor to request any furore advances under any not~ or agreemmti securcd by the IMn document without Lender's prior written consent. 8. CL.4~MS AGAINST TITLI& ~orW, agor will p~y ail *~es, asseasm~ms, liens, ancumbranncs, le.~e payments, ~ rents, utilities, and other cha'gec relating to the Property when due. lender may require Mo~gagor to provide to Lcndm' copi~s of all notices tsar sue~ am(~unta nrc dye and the rnce~l:~ evMmtcin~ lv{ortgagor*s payment. Mott~agof will def~d title to the Property aRainst any claims ,that would impair thc lien of tMs Security Ins~amcnt. I~ortga~or agre~ to assign io Lender. ns reqn,'*ted by Lender, any ri81~s, claims or defen~e~ Mongalor ney bare against pa~les who supply lmbor or mnte~als to maintain or improve thc prol~ctty, 9. DUE ON SALE OR ENCUMBRANCE. lextdor may, at its option, declare the entire balance of Ihe Secured DeSt to be Jmmedimeiy due and pnyeblc upon the e~ention of, or contract for thc m*e~tton of, nl~y lien. encon~.m~, tran~er or sale of lite l'ropefly, This right Js subJcct to the re.~tricdonc Jmpes~l by federal law (t2 C.F.R. 591), as appHceblo. This covclmju slmll ~ with tbs Properly ~ shall remain in effect until tbs Secured Debt is paid in full and this Security Instrument is released, 10, PROPi~RTY CONDITION, ALTI~R~TIONS .4~ID INSPE~*rlON. Moflgngor will keep the l~,c.~y in Seed condirion atxd mui~ all r~palm that atl~ reasonably necessary. Mortgager shelI nm commit or allow any* waste~ Jn~paimtent, or dmetlo%atlon of ~ Ptope~.y. IVlort~,a~or_will beep. the l~.pefly free of n~tious weeds and ~L'~_?_S. Mortgagor qre~ tl~t die nntnre of t~e .o~eupancy and uae will not substantially chen~e without Leader's prier written cement. ~ottga~or will not p~mlt any change m any license, restrictive r. ove~ent or ussemcot withot~ l.e~der*s prior w~ttco conscot. Mol~or will notify lender o{' all demands, prncecdin~, claitn~ and a"*lous ngMnst Moftg~gor, and of any loss or damage to d~ Ptope~y, e00 1336 5'73 RU( -23- 999 liON 09:17 ,qtl FR× NO, P, 04, Lender or Lender's ag~nls may, ;ti ~ler's o~tion, enter Ute Pr~ny ~ ~y r~n~bte ti~ ~or ~e pe~O~ or impecli~ Pm~rty. ~r shMl gi~ Monpgor n~l~ at ~ d~ of ~ ~om ~ i,s~u spa~ing a ~ble ~ for inaction. Any Inep~lon of the Pm~rty ~all ~ ~ti~y for ~er's benefit nnd ~o~r will in ~ way rely ~d~*s I~tion. AUTt[ORI'X'Y TO ,PERFOR~I. If Mortgager fails to perFomt any duty or any o~' thc covenants comalned in this Security J'n. slrunteat. [,ender may, w;(hout notice, perform or cause them to be performed. Mortp~or appoints Lender u ~,ttomey in fact to alga Mortgager's name or pay any amount ne~__~,,_,-/ for pert'ommoce. Lander's right to perform for Mortgagor shall no( create ,'ut obligation to perform, ~ncl Lender's fallute to ~erfot-m wilt not preclude L~nder f~ont exercising ;my etr Lender's other flShts un~r the law or this Severity Instrument. If any c0astmction on the Property is discontinued or not Carried on tn a reasonable manner, Lender may take alt atel~ nece~n~ to pro.ct Lender's security interest in the Property, including eotapletion of the eo,mructlon. 12. A.qSIGNMEi'4'I' OF I.,F. ASF.,S AND RE'N'~. Merited, or i.evocably g~ts, b~galm, ~n~s ~ mo~g~ to ~M~ ~ ~lti~ ~o~ty all ~e right, title ~d i~t ~ ~ to ~y ~ ~1 ~iating or futura ~m, sublm, ~d ~y ~r wrl(len or v~ agate for the use ~d ~p~ of ~y ~o~n of thc ~y, ~8 ~Y ~t~ions. ~w~s, ~dlfie~ions or substitutions of ~ agr~~ (Mi mfor~ to ~ '~,) and ~, ~ ~d profi~ (~ mf~ to ~ 'Rm~"). M~ngor will ~mptly provide ~ wt~ ~ ~ ~ mpi~ of all ~istlng ~ fut~ ~s. Mo~agor m~ ~H~t, ~ive, mjoy ~ u~o ~ ~nts m ~.g . Mortgn~r ~ not in ~raMi ~er ~e ten~ of Ibis S~urity ~m~G Mertgager agrees that this assignment Is Immediately effective b.tweea tbs parties to this .Security instrument and efl'~tive ns to third parties on tho recording of t~is Security lnatmment, sad this anslgnox~! wilt remain effective until the O~ltgattom are satisfied. Mortgagor n~mea that Lender is entitled to ~otify Mortgagor or Mortgager's tenants to make payments or Rents due or to become due direly to Lender after sach recording, however Lender agrees not to notify Morl~gor's tenants until Mortg~or defanlts Rents due or ~o and .t,ender noti ,0~ Mortgagor or the defenlt and demands that M.o. rtgager a~d Mortga~r's tenants pey ali become due dizectiy to Lint(let. ntt receiving notice of default, Mortgagor will endorse and deliver co Lender · any peYment of Rents in klortg.'tgor's possession and will receive any Rents in trust for Lender ~ will not commingle the Rents with any. other t'unds. Any amounts collected wilt be applied as t~ovi4e4 in this -_~__--,_t'ky Instrument, h(ortg~or w~rrants that no default exists under the Leases or any appUcable la~llord/tenant law. MortRagor also agrees to maintain mM reqniro any ten'mt to comply with the terms of the Leases.and applicable law. provIsions of any lc&se ~f this Se~u~ty uu,r,~n ns on a iessenom. [! the ~operty mclades a unit In a condominium er a l)lanned ~mit development. Mertgagor wlU perform all oF Mortr.,~or's duties under the covenants, by-laws, or regulations of the condendnium or planned unit d~velopment. 14. DEF&UI.T, l~onga~er will be in default If any party obligated on the Secured Debt fali~ to make pa~ment when due. Mortgagor will he in default if ~ br,~:h occ0~s nn~ter the terms et' Ibis SeCurity It~atmmeat or any Other 6ocume~t executed for the purpe~: of creating, securing or guarantying die .,~;eenred Debt. A goo~ reith belief by lender that Lender at any time Is insecure witi~ Irespeet to any person or entity oblll~ted on tie ~h~cured Debt or that the prospect of any payment or the value of the Property is Impelred sh-q also comtimte an event of der'suit, I.~. RE,~EDIF.,,.~ ON DKFAUt, T. In some Instances, federal and state law will require Lender to provide Mortgagor with notice of the risin to cute or oth~ noticm and may establish time schedules ~or foreclosure actions. Sub, inet to Ihese limi'-tinns, if any. lender may accelerate the Sectued Debt and foreclose this Security ]nslmment in a manner ptov[de~ by law ,la in der'salt. At the option of L~der, all or any pan of the agreed lees and cherges, aecn~d interest and prin~pa[ slmll hecume immediately due nnd payable, altec gtuln~ notir.~ it' required by law. upon the oeenrtence of a d~fanlt or anytlma thereafter. In n~lition, T..r. nder ~hal[ be entitled to all thc renledim provided by law, tho termj of the Secured Debt, this Security instmmcut and nny related documents. AH remedies am distinct, cumulative and nm oxcinsive, and the Lender is entitled to all t'em~[es provided at law or equity, whether er not expresdy eel forth, The aueaptsnce by Lander of any sum in payment er partial payment the $.c~red Debt ~rter the balance Is due or is accelerated or alter foreclosure proceedings am filed shall not ennstkure n waiver of Lender's right to require complete cum et' any existing default, By not exer~-lsing any ren~dy on Mortpgor's dst'suit, Lende~ does not walv~ Leader's rlgltt In later eons[der the event a default If It eontianes or heppena again. ,e0 :1336], 5"/4 '" AUG-23-1999 ~ON 09:17 FAX NO. P, 05/22 16. EXPENSES; ADVANCES ON COVKNANT~; A'UFORNgY~;' FRI~; COl,l,l~l'l~ ~, Ex~ when prohibited by law. Mo~gor ~ Io ~y all oE ~l~K's ~ if Mon~ b~achm aty ~m In IMs S~rily lnslmnmff. M~ga~ will aim p~ e,; dem~d any ~m i~ by ~er for Ifl~ring. I~i~, pres~ ~ othemise pmt~ng ~e ~ly ~d ~a~r's se~ity ~c. ~ ~ will ~r inle~t f~ Ihe d~ of the p~t u~tl paid ~all ~n in eff~t ~ relea~. ~orts~r ~ to pay for ~y r~daion ~sts of~ ~e. 17. EN~IRO~AL LAWS AND ~~ 8~ANC~. ~ ~ed in this ~tion, (I) ~l~nl Law means. wilh~t lim[tallen, the Comp~mslve ~vim~l Re~e, Cmn~at~u ~d ~illty ~ (CERCLA, 42 U.~.C. ~ s~.), n~ ell olh~ fc~ral, siam and I~ la~, ~gu~t~, o~. ccmrt o~m, aftom~ Smr~ or rel~ ~ · B. E~t as pr~i~sly df~f~ nd ~owl~g~ in WrM~ lo ~, Mo~gagor ~d ~ fermi h~ ~, nrc, ~d ·att tmain in Full camplian~ w~ ~ ~H~le ~vi~n~tM ~w, or abou[ the ~ or flmm ~ a v~l~ of ~y ~vlm~ ~w ~n~ing ~a ~y. In ~h ~ event. IL C~D~NA~ON. ~agor ~H give ~nd~ ~m~ ~ of ~ ~:ding or ~ ~, by p~v~e or public ~nd~ I~e ~ of ~y ~ o~ cl~m for ~ ~ with n ~dcnmmion or ~ f~flg of all or ~y ~ of thc ~y. S~h pmce~s shall ~ ~tde~ pa~ ~ will ~ ~pU~ ~ pmv~ in ~b ~ri~ ~m~. This am~imed ~th the Property d~ to ' '~der'x o~ion, obt~n ~v~Me to ~l ~d~'s ~Sh~ In ~e Pfop~y ~O~ing to ~ t~ of this ~fity 5'75 RUG-23-i999 NON 09:]8 NO, P, O6/22 U.Ic.~s mhcrwise al~rc%~d itt wr|d,l~, all iflsurance pmo:cds shall I~ appl~ I. linc r~loration or repair oF Iho Pmlm~y or Io Iht ~umd Debt, wheth~ Or not (1~ ~, M ~n~r'~ ~i~. A~ ap~ica[iou o~ pm~ tQ principal shall not exlo~ Mo~gagor. If the Pm~y ~ ~qpi~cd by ~M~,. Mo~gagoPs ri~t to ~y ~ ~li~ ~d p~ ~ltlng d~e to the ~pe~y betom ~e ~uls[tion sh~l p~ m ~r to ~e gx[ett[ of the S~ ~bt im~Jately bc~o~ the ~uisi0on. * ~. ~ROW FOR TA~ AND INS~ANC~ Unlms e~e~i~ p~id~ in a ~a~lg ~n[, Mortg~or will not ~i~ m p~ m ~ ru~ for t~ ~ i~ ia c~. 21. ~CIAi, R~RTS ~D ~D~ION~ ~S. Mo~gaSor ~1 provide m ~cr upon requ~l, ~y Fm~cl~ stat~t or i~or~tlon ~ may d~ ~o~bty n~s~. Mo~g~r ~ to sig~ deliver, ~d 5lc ~ilional d~ls or m~ificat~ ~m L~ ~ c~dcr n~ to per~, ~mJn~, ~ p~wc MO~g~or's , obll~lom uM~ ~ls ~rtty InsiSt ~ ~der's lira ~ ~ ~ ~pcrty, ~. JOl~ ~D IND[~AL ~Dl~l C~G~ SUCC~o~ AND ASSIGNS BO~D. ~1 duties u~r · ~. ~rlW l~m~t a~ Joint ~ l~iv~. E ~o~agor sl~s ~ls ~riW Instm~nt but ~ ~ sign m evide~ of d~, ~,~gor ~ So ~ly fo mo~ Mo~aS~," J~t~t ~ ~ ~ly to ~m p~t of ~ S~ ~bt ~d Mo~or d~ ~t agr~ to be penally liabl~ on ~e ~d Debt. if this Secufi~ l~t ~ a ~a~ty ~n ~r mM Mo~Sa~or, M~p~r ~[~ ~ w~ ~y rl~t~ ~ ~y p~nt ~n~r from bdnsing ~ ~t~n or Maim ~t Men.or or ~ p~y i~ u~r ~e obll~io~ ~ fig~ts may i~l~ but ~ ~ limi~ to, ~ti~fici~cy or o~-~t~n laws, Mo~g~ ~ ~at ~ ~ ~y p~ to this ~ufity ~nt ~y ~t~d, or ~e ~y.c~tge in t~ te~ of ~is S~ ~S~nt or ~y ~n~ o~ debt wight M~or's ~s~t. ~ch a ~ge will ~t rel~ M~or f~m t~ t~ of Utis ~udly i~tn~m~t. ~e duti~ ~ ~fi~ of th~ ~mm~ sh~l bind ~d b~fit . the ~ ~ ~i~ of Mo~g~or ~d ~nder. 23. ~ICABI,E LAW; SEVERABIL~y; i~R~I~TATION, ~is S~tHfy lmt~t h g~emcd by the l~s of lite Jut~lmlon 'lo which ~er ~ I~t~, ~ m tl~ ~t otl~rw~ ~qui~d by tl~ laws of ~e ju~sdlmlon whe~ Ibc · Pm~ny Is i~ed. ~ ~ty ~m~t ~ ~mplete ~ ~lJy [~t~r~ed. This S~ity l~t may ~t ~ a~ or ~dified by o~1 ~(. Any ~tl~ ~ ~is S~url~ lp~tm~t, at~iments, or ~y ~r~t ~l~ ~ d~ Debt dt~ ~nflicts with appl~lc hw will not be effc~i~, ~1~ dtat law ~p~sly or i~li~ly ~mtt~ the v~]~ by ~ ~ will not ~f~t the enfo~ of the ~mai~ of ~tls ~rlly lasting. ~ever u~, the slng~ar shall ~cl~e t~ plural ~d ~e plu~ ~ Mngul~. ~ ~pt[o~ ~d h~ o~ tlse ~iom of thb ~y I~tmt~t ~ for ~nvenie~ o~y ~d ~ ~t to ~ u~ ~ ~rel ~ ~fine fhe tet~ of this S~rlty l~t~m. Ti~ is of ~ ~en~ ~ ~urRy ~. N~ICE. U~ odte~se ~i~d by law, ~y ~t~ s I b ' · , o~ ~or ~ll ~ ~m~ ~ ~ ~t~ ~ all ~l~o~. - .-- ~,~) u~a~ ~ waling. Not~ to ~. W~YE~. Ex.pt m ~e e~ent pmhlb~d ~ law, Monger w~ ~ right m np~t ~J~ng ~ ~e .BOOK:f,.,336 576 fiUG-23-1999 MON 09:18 FRX NO, P, 07/22 26. OTIIEI( Ti(RM,q. If chu:ked, tho ful~i.~ ~ ~i;~ of Cr~it. ~te Secur~ md~ ~o a ~m bal~m, Ih~ ~curJty In.remit will m~ln In eK~t until mien. ~ ~'u~ion ~. Th~ S~ufily ~s~t s~ ~ obl~ad~ in~r~ r~ t~ ~t~tton of ~ impm~tmt on ~ FIx(.~ ~lin~ Mo~asor S~ lo ~der a s~ity inlm~ in ~1 C~s that ~o~ r o~ ' ~d ~y ~n, pholog~pMe ot ~er t~r~ctl~ ~y ~ ~1~ ef r~ fK pu~s~ Qf A~icle ~ of~e Untfo~ ~l~em~l C~e. mortp.Me with all ..r,kL .~.~..- --, ~'_,.':--"--';~J'" ~u s.l,e ssen nertundcr. IS a,~ shall be eOmlnx~d as a uufchas~, n,nnev N~l~,w ~,*~ v.,.,~..,,,,;;;._l~ ~ ~eaelRsthe~eoflmderOtelawsoflheCommonwcal~ofPenn~l~n.l, I-1 :::" .... ,-, o,.,,~u~l~: TH]~ DOCUMENT CONTA'~ ........... '-' ...... INTERE.qTRATE. .. ,,~-'l. flID I'I~.UYI~IU~ ~?OR A VARL~LE [] Riders. The covenants and agmemes~s of eadt of ~ rid~ ~m~ be~w am ~ Into ~ ~ln~t m~d ~ ~m~ium R~er ~ ~l~'U~lt ~lop~t R~r ~ Other ................................................ ~ ~ditloml Te~ . .. ~ ~a ~un~ l~m~t ~ in ~y att~n~. Mo.ne.o. -'s' --~--' .... Y ~ to ~ ~ ~ ~a~ ~tai~d e,,a,~ COMMONWEALTH OF ~ .................... COUNTY OP ~~(.~.~.., ......... ]ss, ....... ........ .......... ....... ,a, ,~T~(S) w~ ..... ~';:':'~"~":"*"r'~:L'?'*: .................. , k~wn ~ ~ (~m~f~torRy m~ to bo .~; :.., t~'~ ~y:~ ,. -- ......... :' ' - .... '- -~.Y~ ~.'~,: I ~amme,~dC~.~ I -- ' ......... ~?~ ~:~, , . ~ , IV;G;i~;----~ ......................... _ ........................ ~y~t~ {'~(ifi~ t~t the a~ of[he ~r wi~h ~ ~: ~..~..~..~ ,~[~ ..... ~f, ~,,,,.~,~..,. ~ ........ t"~t~.~.~o~ ................................ . .................. ,~ ,,c,,.~,,l~.dJ ss , ,::', '.,.'.:, Xff~. , ,~ Y ~..i~ ·' ~ f~;, .>~,.,ne co,~ ,..... .,,,~,:.,, .,~. ,.', ~X ....~ ~ e,,~ ~,..,. ,>.,-~ , . . . ~ .... - ~S *.' Y.. .' ",0 ' I,~{.~,,~f (~{... ,,, .~.~ ~,:. :: :, AUG-23-1999 HON 09:19 P, 08/22 the balloon .Hyl lo due, ~ a well ~? Ib~ tmfl~m imym~ll a~t ~ ~ dae ~ ir Is d~, /~ 10~-- - ~ --.m~u~Wlll~__.l, ....... w __..__ ~'S ~ ~ ~AY -----"' ~uu~uc.-~W~._ ~ ~.s~fl~°~~d~,A~o~ ,. ~ ~m ~la ~ e~ ~ ~tl~ limits ~--, ~ ~'~~tof'~ ~' .h'd'e it bd' MULTI~/~POGE FIXF.,D ~TE IdQT~ (MULTIG'TA'I~ ~U~-23-1999 ~0N 09;19 ~ NO, I[ I Ill P, 09/22 Jill 7, GI¥1NG (~ ~ RQ[dff ~ ~e ~ ~ t~ ~ 3(G) ~ pile I of of ~ di~t ~, · If ~ ~ ~ ~ s~ ~ Note. ~ ~n h f~ 10. 8~DN~ ~ ~ ~e ~ ~ u ~1 ln~ I~ ~ ~n ~ ~ ~ow If~ Nme ~ f~ a b~l~ or thk ~S ~ ~ PAY~ ~ ~ ....................... ~E ~p~ ~A~ ~ ~ ~ A~ ~ ~T ~ D~ ~HCJi MAY Bg A ~, ~i ,~ ~ ~ ~D A ~, ~ ~y BE ~~ ~ ~TI MAY ~ME ~ A~ ~ ~ C~G C~ N ........ ~.~ AT MA~I~, ] MAY I/AVK ~ PAY WI'I'NF_,S~ THEe P. ANI)(~) AND ,SEA~) OF TIO~ UNDI~q~iONi~3. AUG-23~1999 M0N 09:20 FAX NO, P, 10/22 MORTGAGE I DEED OF TRUST ASSIGNMENT 1169,5819 For value received, GREEN TREE CONSUMER DISCOUNT CORPORATION ("Assignor'), a corporation organized and existing under the laws of the State of Pennsylvania, hereby assigns fo FIRST TRUST NATIONAL ASSOCIATION, ~ suocessors and asstgns, ali right, title, and interest in and to a certain Mortgage I Deed Of Trust dated August 14, 1996, made by Terry J. RobiF. son and Sharon C. Robinson, aa mortgagor(s), to Green Tree Consumer Discount Cofl3oratfon. aa mortgagee, as filed in the offices of the County Recorder, County of Cumberland, State o~ Pennsylvania, togather with ~ No~e secured by such mortgage/deed of trust on the following de~dbed property situated In the above county and state, to mt: See -Uached exhibit A for legal deaorlption. Dated this day of 9110/96. 8ta~ of sou{h Dakota) )ss CoUi~ty of Pennington) GREEN TREE CONSUMER DISCOUNT CORPORATION Hayes, Auth lzed As a Notary Publto for the State of South Dakota, i hereby oerfity that Elaine Hayes pemonally came before me on {his date. and aoknow~dged {hat she is an Au{hodzed Agent of Green Tree Consumer Discount Corpomtian, a Pennsylvania oorpolation, and that by authority duly given and as the ad of the oorporation, {he foregoing Instrument was ~ignad in Its name by her. Wltnass my hand and offioial seal dated 9110~J6. (Nata,~ Sea~) ~ NOTARY PUBLIC goUTH DAKOTA ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Jane 1, 2001 TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 SHII~PENSBURG, PA 17257 THIS FIRM IS A DEBT COLLECTOR ATTEIvlFrlNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AITt/MPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Soecific 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 your home. This Notice explains how the pro,Tam works, sa',.. To see if HEMAP can tel ou must MEET WITH A CONS R CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet the ~ounselin A enc. The name, address and ~hone number of Cousumer Credit Couuselin~, Aeencies serving your Coanty atv listcdattheendofthi No~ce. If u · uest/ons ou call the Penm vadiaHousin Finance enc toll free at l- 00-342-2 . ersouswith' airedhearin cancall 717 780-1869. This notice contaim/mportant 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, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SrN CARGOs AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA LIN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDER/SERVICER: TERRy J. ROBINSON & SHARON C. ROBINSON 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 6700075788 GREEN TREE CONSUMER DISCOUNT COMPANY CONSECO FINANCE SERVICING CORP. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL A~qI~TANCE WHICH CAN SAVE ~OUR HOME FROM FORECLOSURE AND KELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE. Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TI~S MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BR1NG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI.I,Rr~ "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 cred;~ counseline aeencies listed at the end of this notice the lender may NOT take action aeainst YOU for third, (30) days after the date of this meeting. The names, addresses and telenhone numbers of de~io~a~,l consumer credit counselm~ a~encles for the county m which the prooert~ 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 haanediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a cemplet~l 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 Peunsylwni~ Housing Finance Agency. Your application MUST be flied nspostmsrked within tl~rty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETrEP,~ FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met thc time requirements set forth above. You will be notified directly by thc Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILinG OF A PETITION IN BANKRUPTCY, TH~ FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed h~nltruptcy yOU can sffil apply for l~,m,~rgency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT fBtine it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 2157 RITNER HIGHWAY, SHIFPENSBURG, PA 17257 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: 3/8/00 thru 5/8/01 at $813.66 per month. Monthly Payments Plus Late Charges Accrued: NSF: Attorney fees: Insurance: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $12,204.90 $5O.OO $12,254.00 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not anplicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING ~ TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,254.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either bv cashier's check, certified check or money order made vax'able and sent to: CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE, TEMPE, AZ 85283, ATTENTION: CAMILE HARNETT. 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 arrolicable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its H~ht~ to accelerate the mortea~e 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 hi monthly installments. If full payment of the total amount past due/s not made within THIRTY (30) DAYS, the lender also intends to inah-uct its attorney to start legal action to foreclosure uoon your mortea¢,e nroperty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage pwperty will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, fflegal proceedings are started agalnnt you, you will have to pay all reasonable attorneys' fees aetnally incurred by the lender even ffthey 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 (301 DAY period, you will not be reauired 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 default within the THIRTY (30) DAY period and foreclosure prueecdings have begun, GU still have the ri t to cure the default and nrevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by oavin,, the total amount then oast due. olus any late or other chames then due. reasonable attorney's fcca and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale ~,~ svecifled in writ.ne bv the lender and bv uerforminv anv other reouirenw~n~ ~mcl~r the mortea~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS fi'om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- CONSECO FINANCE SERVICING CORP. 7360 SO. KYRENE TEMPE, AZ 85283 TEL NO. (888) 315-8733 x 36239 ATTENTION: CAMDE I"IARNETT 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 fiundshings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE- You may or XX_ may not (check one) sell or n'ansfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attoraey's fees and costs are paid prior to or at the sale that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE ~ RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO FAY 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 ~ IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INS'frr tJTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This is an attempt to collect a debt and any information obtained will be used for the purpose. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our office. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (7 ! 7) 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 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Ruth Hemandez, Foreclosure Manager SHERIFF'S RETURN - REGULAR C~SE N~: 2001-04552 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CNSUMER DIS CO VS ROBINSON TERRY J ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBINSON TERRY Jthe DEFENDANT , at 1957:00 HOURS, at 2157 RITNER HIGHWAY on the 31st day of July , 2001 SHIPPENSBURG, PA 17257 SHARON ROBINSON by handing to 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 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this _~ day of A.D. So Answers: R. Thomas Kline 08/01/2001 ep~ty~'~eri f f SHERIFF,S C~SE ~0: 2001-04552 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND CONSECO FINANCE CNSUMER DIS CO VS ROBINSON TERRY j ET AL RETURN - REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBINSON SHARON C DEFENDANT at , 19___57:00 HOURS, at 2157 RITNER HIGHWAY the on the ~lst day of ~uly , ~00~ SHIPPENSBURG, PA 17257 SHARON ROBINSON by handing to a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service Affidavit .00 .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _~ ~--- day of P~oEhonot~r'y - ~ So Answers: R. Thomas Kline 08/01/200i GREGORY JAVARDIAN -- De~y S eriff LAW OffICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAbflq'ON, PA 18966 f2! 5'1942-9690 CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ 85283 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 TERRY L ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 PRAECIPE FOR d'UDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and agaln.qt TERRY $. ROBINSON and SHARON C. ROBINSON, Defc~la~, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereofaud for foreclosure and sale of the mortgaged in.raises, and assess Plaintiffs damages as follows: As Set forth in Complaint Into-est 7/19/01 to 9/21/01 $87,460.43 1,497.60 TOTAL $88,958.03 I hereby certit~ that (1) the addresses of the Plaintiff and Defendant(s) ar~ as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Damages are hereby assessed as indicated. DATE: q- ~'-/-OI oCONSECO FINANCE CONSUMER DISCOUNT COMPANY Plaintiff TERRY J. ROBINSON SHARON C. ROBINSON Defendants In The Court of Common Pleas Cumberland County No. 01-4552 TO: TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DATE OF NOTICE: 8/24/01 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland Bar Association Lawyer Re fe r e n,q~]~ic~e. 2 Liberty Carlisle, PA ~Jll3 // (717) 249-3{]46 Gregory Javardian, Esquire 44 Second Street Pike, Suite 101 Southampton. Pa 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importm~tes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DF, BT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (2~5} 942-9690 CONSECO F1NANCE CONSUMER DISCOUNT COMPANY vs. TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 VERI~, CATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plnintiffin the above-captioned matter, and that on information and belief, he has knowledge of the foHowin~ fncts, to wit: (a) Deft~lam(s), TERRY $. ROBINSON and SHARON C. ROBINSON, is/are not in thc Military or Naval Service of the United States or its Allies, or otherwise within the provis'mns of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amende~. (b) Defendang TERRY J. ROBINSON, is over 18 years of age, and resides at 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. (c) Defendant, SHARON C. ROBINSON, is over 18 years of age, and resides at 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. (d) Plaintiff, CONSECO FINANCE CONSUMER DISCOUNT COMPANY, is an institution conducing business under the Laws of the Co,u.-~nwealth of Penn~lvania with an address of 7360 SO. KYRENE, TEMPE, AZ 85283. This statement is made subject to the pennlties of 18 Pa. C.S. Section 4904 relating to unswom fnl~ifwation to authorities. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO, KYRENE TEMPE, AZ 85283 TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SttlPPENSBIJRG, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount ~ $88,958.03 Interest from 9/21/01 to Date of Sale ~ $14.62 per diem Subtotal (Costs to be added) 44 Second Street Pike, Suite 101 Southampton, PA 18966 (215) 942-9690 ALL that certain tract ofhnd situate in the Village of Stoughstown, North Newton Tow~.~hlp, Cumberl~md County, Permsylvat/a, more partic,lnrly bounded and described as follows: BEGINNING at a point, a Parker kalon nail in the centerline of the ~ Highway (U.S. Route 11), ut corner of lands now or formerly of Sharp S. Jump~, thence along lands now or formerly of Sharp S. J, ~m'~er, North eighteen (15) degrees twem'y-~ (28) minutes forty-three (43) seconds West, two hun&~ twenty-six and sixty-five h, ndredths (226.25) ~t (.passing through an iron pin on line twenty-five and eleven hundredths (25.11 ) feet from the aforesaid Parker kalon nail) to an iron pin; thence along lands now or formerly of Terry J. and Sharon C. Robinson, South seventy (70) degrees fifty-three (53) minutes thirty-two (32) seconds West, nine and fiReen hundredths (9.15) feet to an iron pin; thence along lands of same South seven~-one (71) degrees thirty-two (32) minutes fi_Ry-two (52) seconds West, one hundred one and thirty- seven hundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R. W~lllnn% South zero (00.00) degrees fifty-nine (59) minutes forty-nine (49) seconds West, forty- three and se~-nine hundredths (43.79) ~ to an iron pin; thence along lands of same, South sixteen (16) degrees fifty-nine (59) minutes fiRy. six (56) seconds East, one hundred ninety-one and sevanty-ono hundredths (191.71) feet to n Parker kalon nail in the centerline ofthe Ritner Highway (U.S. Route 11) (p~g through an iron pin on line twenty-five and eighteen hundredths (25.18) feet from the aforesaid Parker knlon nail); thence over the centerline of Rimer Highway (U.S. Route 11) North sixty-six (66) minutes thirty-four (34) seconds East, one hundred thirty n~d eighty-one hundredths (130.gl) feet to n Pnrker knion ~nil= the point and plnce of BEGINNING. Contn~ing 29,272 square feet, more or less. SUBJECT to a filly (50) ~ wide private right-of-way located h,J,-~diately adjacent to the eastern boundary of the lot herein conveyed, for ingress, egress, and regress to a certain parcel of land consisting of 5.570 acres, more or less, lying knmediately to tile North of the lot herein conveyed and being owned by Terry J. and Sharon C. Robinson, husband and wife, through deed f~om James W. Robinson dated July g, 1994, and recorded in Cumberland County ~ Book 109, page 092. The description oftbe lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bart, R.S., dated March 1, 1995. BEING known as 2157 Ritn~r Highway, Shippensburg, PA 17257. BEING THE SAME PREMISES which Barbera L. McMullen, unmarried, by Deed dated April 19, 1996 and ree, orded April 19, 1996 in Deed Book 137, page 965, in the Recorder of Deeds Office in and for Ch~mberland County, granted and conveyed unto Terry L. Robinson and Sharon C. Robinson, husband and wife. CONSECO FINANCE CONSUMER DISCOUNT COMPANY TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No,: 01-4552 AFFIDA~T PURSUANT TO RULE 3119.1 Plalntiffin the above action sets forth as of the date tbe Praecipe for tbe Writ of Execution was filed the following information concerning the real property located at 2157 RITN~R HIGHWAY. SHIPPENSBURG, PA 17257: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (ifaddr~s cannot be reasonably asc~rtain~l, pleaso indicate) TERRY J. ROBINSON 2157 RITNER HIGIT~AY SHIPPENSBURG, PA 17257 SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2. Nam~ and address of Def~mdant(s) in tbe judgtrent: TERRY J. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 SHARON C. ROBINSON 2157 RITNER HIGI-PNAY SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a r~ord lien on the real prolx'rty to i~ sold: Name Norl~. Last Known Address (if address cannot be reasonably ascert~, plea~ indicate) 4. Na~ and ~dd~s of last recorded holder of every mortgage of record: L~ Known Address (if address cannot be reasonably ascertaimd, please indicate) Plainti~. 5. Name and address of every other person who has any record lien on the property: Nol~. 6. Nam~ and addresz of every other person who interest may be affected by th~ sale. Nam~ Ch~ml~rlal~ Col~y DoIl~b~i~ R~latiol~q Ctmaberland County Tax Claim Bureau Dept. of Public Assistance Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 33 Westmin~er Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name omi address of every other person of whom the plaintiffhas knowledge who Ires any interest in the property which may be affected by the sale: Nam~ Last Known Address (if address cannot be reasonably ozcertained, please indicate) Tenants/Occupants 2157 RITNER HIGHWAY SFHPPENSBURG, PA 17257 I verify that the statements ~¢ in this affidavit are true a~ correct to the best of my l~owledge, information and beg I understand that ~!ne statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn fal~if~tion to authorities. September 21, 2001 LAW OFFICES OF GREGORY JAVARDIAN ~ GREGORY JAVARDIAN, ESQUIRE IDENTt~ICATION NO. 55669 44 SECOND STREET PIKE, $~H'~ 101 SOUTHAMPTON, PA 18966 (215~ 942-~690 CONSECO FINANCE CONSUMER DISCOUNT COMPANY TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 014552 CERTIFICATION TO SHERIFF OF CUMBKRLAND COUNTY AS TO THE SALE OF REAL ESTATE I ~ ce~Lry that I am the attorney for the Plaintiffin thl,q Mortgage Foreclosure Action ( ) Tenant Occupied ( ) Vacant ( ) () As a ~flt of Complaint in Ass~ (X) Act 91 complied with p'^ttorney f /Plnintiff LAW OFFICES OF GREGORY SAVARDIAN By:. GRF_,OORY JAVARD1AN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215~ 942-9690 CONSECO FINANCE CONSUMER DISCOUNT COMPANY TERRY 1. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 014552 NOTICE OF SI=iI~HFF'S SALE OF REAL PROPERTY TO: TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER mGHWAY SHIPPENSBURG, PA 17257 Your house (real estate) at 2157 RITNER HIGHWAY. SHWPENSBURG. PA 17257. is scheduled to be sold at Sheriffs Sale on~ n~ 10:00 A. lVL. in the Onnherland County Courthouse, 1 Courthouse Square, C~rlisle, PA 17013, to enforce the court jud~oment of $~8,958.03, obtained by CONSECO FINANCE CONSUMER DISCOUNT COMPANY, agalmt you. NOTICE OF OWNER'S RIGHTS, YOU MAY BE A~I.R TO PREVENT THIS SHERIFFS SALE To prevent thi.~ Sheriffs Sale, you must take immediate action: L The sale will be cancelled ifyou pay to tbe mortgngee tbe back paymeats, hte clmrges, costs nmi reasonable attorney's fees due. To find out how much you nm~ pay, you may call: (215) 942-9690. 2. You may be able to stop tbe sale by 6lin~ a patition asking tbe Court to strike or open the judgment, iftbe judgmeat was ~,,operly entered. You may also ask the Court to postpoue the sale tbr good cause. / 3. You may also be able to stop tbe sale through otber legal prueeedings- 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 onhow to obtain an attorney.) yOU MAY STH~L BE ABLE TO SAVE YO~JR pROPERTY AND.YOU .HAVE oTUER RIGHTS EVEN IF THE SWF~RIFF'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 tho Court to set aside the sale ifthe bid price was grossly inadequate eomtmred to the value of your property. 3. Tbe sale w~l go through only if the buyer pays the Sheriffthe full amount due in tbe sale. To find out if thL~ has happened, you n~y call ~r~gory Savardlan; Esquire at (215) 942-9690. 4. ffthe amount due from tho Buyer is not paid to the Sberiff, you wgl remain the owner of the property as iftho sale myer happened. evict you. 6. You may be entitled to a ,~h~re of the money which was paid for your house. A schedu~ of distn~oution of the money bid for your house ~ be filed by the Sheriff. This schedule will state unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defemes, or ways of getting your homo back, if you act immed~tely 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 WI]ERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249.3166 (S00) 990-9108 ALL that certain tract ofhnd situate in the Village of Stoughstown, North Newton Tow~.~hlp, C~herland County, Pennsylvania, more partic-hr~y bounded and descn'bed as follows: BEGINNING at a point, a Parker kalon nail in the centerline of the Rimer Highway (U.S. Route 11), at comer of lands now or formerly of Sharp S. Jumper; thence along lands now or formerly of Sharp S. Ju .roper, North eighteen (15) degrees twanty-eight (28) minutes forty-three (43) seconds West, two hundred twenty-six and sixty-five hundredths (226.25) feet (possing through an iron pin on line twenty-five and eleven hundredths (25.11) f~et from the aforesaid Parker kalon nail) to an iron pin; thence along lands now or formerly of Terry J'. nmi Sharon C. Robinson, South seventy (70) de~rees fiity-three (53) .~i,~tes thirty, two (32) seconds West, and fifteen hundredths (9,15) feet to an iron pin; tbence along lands of same south seventy-one (71) degrees thirty-two (32) mlrnrte~ fifty-two (52) seconds West, one h~_~ __n~cd one and _tMr~y. seven hundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R. W'dliams, South zero (00.00) degrees fiRy-nine (59) minutes forty-nine (49) second.* West, forty- three and se~,-.~.y-nine hundredths (43.79) f~et to an iron pin; thenee along lands o£ same, south sixteen (16) dcgre~ fit~y-.i.e (59) -~nutes fitly-six (56) seconds East, one h..a.~d -in~-one and seventy-one hundredths (191.71) feet to a Parker kalon ma in the centerline oftbe Rimer I41_ohway (U.S. Route 11) (passing through an iron pin on line twenty-five and ei~een ~ (25.18) feet from the aforesaid Parker kalon-~; theme over the centerline of Rimer Highway (U.S. Route 11) North sixty-six (66) mh~es thln~.four (34) seconds East, one hundred thirty and eighty-one ~mdredths (130.81) feet to a Parker kalon,n~ the poin~ snd place of BEGINNING. Coatainln~ 29,272 square f~et, more or less. SUBJ'BCF to a fury (50) fcut wide private ri_vie-of-way located :-,.~liately adjacent to the e~tem boundary oftbe lot he~ conveyed, for in?e~, egress, end regre~ to a ceitaln pareel of Intut eonsisfiug of 5.570 acres, more or less, lying immediately to the North oftbe lot ~ conveyed and being owned by Terry J. and Sharon C. Robinson, hushmd _n_~l_ wife, through deed f~om ~ames W. Robinson dated ~uly 8, 1994, a_n4_ recorded in O~mherhnd County Deed Book 109, page 092. The description ofthe lot herein conveyed wns taken from a re-survey of saki lot, by Carl D. Bart, R.S., dated March 1, 1995. BEING known ns 2157 Ritnor Highway, Shippensburg, PA 17257. BEING THE SAME PREMISES which Barbara L. McMullen, unmarried, by Dee~l dated April 19, 1996 and recorded April 19, 1996 in D~,.zd Book 137, pnge 965, in the Recorder of Deeds Office in and for Cumberland County, granted and conveyed unto Terry L. Robinson and Sharon C. Robinson, husband and wife. LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 ¢215'~ 942-9690 CONSECO FINANCE CONSUMER DISCOLrNT COMPANY VS. TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 AFFIDAVIT OF SERVICE PuRsUANT TO RULE 3,129.1 I hereby certify that I have sent copies oftbe Notice of ShertffSale to the Defc~onts' certified and regular United States ~ and all lien holders or judgment creditors of record as required by Pa, R.C.P. by first class United Sta~es mail, postage prepaid, on the date set forth below. Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 TERRY J. ROBINSON 2157 RiTNER HIGHWAY SHIPPENSBURO, PA 17257 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 I~ lu.s POSTAL S;.WCE CERTIFICATE OF MAILING ~ r..Y B~ used ~o. Do.~s~c A.D,%..~O.~C"~'L. oo~s.o~ I ~OVtDE FOR INSURANCE--POST--S . i e~,~d ~o~: ~HE LAW OFFICES OF : ' GREGORY JAVARDIAN 44 SECOND STREET PIKE SUITE 101 CAR~,TRT.m PA ~7n1~-0599 RE: ROBINSON F 'F (F. ndo~am~nt Requ~re~) September 21, 2001 NOT~CE OF,SHEmI~'S SALE 0F REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTs OWNER(S): TERRY J. ROBINSON and SHARON C. ROBINSON PLAINTIFF/SEI J.gl~ CONSECO FINANCE CONSUMER DISCOUNT COMPANY DEFENDANT(S): TERRY J. ROBINSON arid SHARON C, ROBINSON PROPERTY: 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 CUMBERLAND C.C.P. NO. 01-4552 The above captioned property is scheduled to be sold at Sheriffs Sale on MARCH 6. 2002 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 scbedule of distn'bution will be filed by the Sheriffon a date specified by tbe Sheriff not later than 30 days afar sulk. Distribution will be mnde in accordance with tbe scbedule unless exceptions are filed thereto within 10 days aRer the filing oftbe scbedule. Law Offices of Gregory Javardian 44 Second Street Pike, Suite 101 Southampton, PA 18966 (215) 942-9690