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HomeMy WebLinkAbout01-0147 FX ~ " 4 McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 " Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Linda K. Lawrence 125 W. North street Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01 - flI7 CUILY~ CIVIL ACTION/MORTGAGE FORECLOSURE . NOTICE You have been sued in court. If you wish to defend ll:;la1nst the claims ~~) f~: ~nft~h~ [~11i~n~a~~EesanJ'Wot\~~t ~;:es:;J~~ ~t~~e~r~~ written appearance person~lY or by attorn~ and filing in writing with the court your defenses or objections ta the claims set forth against YOll. You are warned that if you fail to do so the case may proceed without you and a judgnent may be entered against you by the court without further notice for any money claimed in the COTplaint 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 TInS PAPER TO YOUR LA WYBR AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET HELP, ClJ.1TtIerland County Bar Assoc1ation 2 Liberty Avenue Carlisle. PA 17013 (717)249-3166 AVISO Le han demandado a usted en 1a corte. 51 usted qui ere defenderse de estasdemandasex.puestasenlaspaginassiguientes.ustedtleneveinte (20) dlas de plaza a1 partir de 1a fecM de 1a demand" y 1a notificacion. HacefaltaasentarunaCCfIlparenciaescritaoenpersona o con un atlogado y entregar a 1a corte en fonna escrita SU$ defensas 0 susobjecionesalasdenandasencOI1tradesupersona. Seaavisadoque 51 usted no se defiende, la corte tcmara med1das Y plJede continuar 1a demanda enc.antra suya sinprevio av1soonotificacion. Memes.1a corte puede decidir a favor del demandante y requiere que usted cWlllla contedes laspravisiones deestademanda. UStedpuedeperderdlnero osusprop1edadesuotrosderechcs1mportantesparausted. LLEVE ESTA DEMANDA A UN ABOGADO lNMEDIATAMENTE, 5I NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Assoc1at1on 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 . '. , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Linda K. Lawrence 125 W. North Street Carlisle, PA 17013 Number 0/- /'1-'7 ~ -r ~ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Linda K. Lawrence, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 125 W. North Street, Carlisle, PA 17013. 3. On June 16, 2000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Conseco Bank, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1619, Page 905. 4. On September 8, 2000, the aforesaid mortgage was thereafter assigned by Conseco Bank, Inc. to Conseco Finance Consumer Discount company, Plaintiff herein, by Assignment of - . '- Mortgage recorded in the Office of the Recorder of Curoberland County in Assignment of Mortgage Book 654, page 491. 5. The premises subject to said mortgage is described in the Street, Carlisle, PA 17013. mortgage attached as Exhibit "A" and is known as 125 W. North 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, collectible forthwith. the entire principal balance and all interest due thereon are 7. The following amounts are due on the mortgage: Principal Balance Interest 6/21/00 through 12/31/00 (Plus $25.08 per diem thereafter) Attorney's Fee Late Charges (7/00 through 11/00) Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 85,500.00 $ 4,795.83 $ 4,275.00 $ 406.40 $ 4,527.22 $ 225.00 $ 125.00 $ 200.00 $100,054.45 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage . ,.~ Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit IJB.." WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $100,054.45, together with interest at the rate of $25.08 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. I~,-,,-j). mC.~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff A VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge. information~and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 54904 relating to unsworn falsification to authorities. T-.2~u.....\!.. rn c~ TERRENCE J. MCCABE .. ; .~;. ~ ' ,- )s~S l ,.' ,- ,', ROBERT P. ZliSGLER RECORBER GF DEEDS CUMBERlAfW COUNTY-fA '00 JUN 20 . PfTI 1 ,55 , ' Commonwealth of PelWSylYania 'aT~l 5-39.(lgO CA/<lOI Ra turn To: ConaeC'o Finance Attn: Trailing Documents Area This Mortgage secures future advances 73GI) south Kyrene. Roa.d To"",.. AZ .5283 June 16 2000 J. DATE AND PARTIES. The dale of this Mortgage (Security Instrument) is ..................~............................ and the parties. thejr addresses and taX identification numbers. if required, are lIS follows: Space Above This Line For RecDrding Data Applic~tion # 0005175~al Lo~ # 69077246~s OPEN-END MORTGAGE MORTGAGOR: Linda K Lawrence ~, , - ----. ._-,-~.. .', .- - -.- . .... ..If ~hecked, refer to the attached Addendum incorporated herein, 'for additional Mortgagors, their signatures and acknowledgments. LENDER: Conseeo Bank;, rne. Cottonwood Corporate Center 2825 E Coctonwood prky 230 Salt Lake City, UT ,84121 2. CONVEYANCE. For good and valuable consideration. the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described ptcperty: Parcel ID: 05-20-17~B-127 Legal D~8crip~ion: ALL THAT CERTAIN PRO.PBRTY S.ITtTATBD IN THE aORotrGH O&.~ COMMONWRAL'I'H OF PRNN'S"tLVANIA BEING MORE FOLLY DESCRIBBri~~ 10/01/96 l\ND APPEAAWG AMONG THE LJ\ND RllCOllDS OF TIlB comA! BOOK VOLUME 146, PAGE 1038 The property is located in ..~~~.7.~~~.............................................. at ...................... . (C~~) 225 W North Street Carlisle . 27013 ............,.......,.................................", , ..............,.....................,.....,..... ,Pennsylvama .....,......,......... (Addn::s:s) (City) {ZIl" Code) Together with all rights, easements, appurrenances, royalties, min<:r.ll rights, oil and gas rights, all water and'riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the futute, be pare of the real estate described above (all referred to lIS 'Property"). 3. MAXIM:UM O~tI<gftdI<aN LThfiT. The total principal amount secured by this Security Instrument at anyone time shall not exceed $........~.......:..~..,.... .......... .............. . This limitation of amount does nor include interest and other fees and charges V',uidly made pursuant to this seCurity Instrument. Also, this limitation does UOt apply to advances made under the t=s of this SeCurity InstrUll1ent to prolect Lender's security and to perform any of the covenanrs contlined in this Security Instrument. p,:;:NNSYt.VANIA - MORTGAOE {NOT FOR FNMA. AiLMC. FHA OR VAt c ~1'994 Briorl Syatllma, ll'll;., St. Cloud. MN Form GTH-MiGLA2PA 4/er.iOQO GT-15-39-090 (4/001 (pIgfJ 1 of 61 Fo%'tl1 ;r:D #:1.:1..12.84 bl{.L ~ BODd619fRGE .905 ') 4. SECURED DEBT AND FUTURE ADY ANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), conrract(s), guaramy(s) or other evidence of debt described below and all their extensions, renewals. modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amoimts, interest rates, maturity dazes, etc.) Note dated June 16, 2000, between Conseco Sank, Inc. and Linda K Lawrence, for $85,500_00, maturing June 21, 2025. B. All future advances from Lender to Mortgagor or other future obligations of Mongagor to Lender under any promissory note. contract. guaranty, or other evidence of debt executed by Mongagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced, If more than one person sigl'lS this Security Instrument, each M ongagor agrees that this Security Instrument will secure all future ~- aavaD'CeS and-future oBligations-iliac are giver(tb-oTiiiCurreo" by-my-ooe' or~more-Mort$agoi:';-or-any-one .'o'r~moi'e ~ Mongagor and others, All future advances and other future obligations are secured by this Security (nstnunent even though all or pan may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument, Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commionent must be agreed to in a separate writing. C, All obligations Mongagor owes to Lender, which may later arise, to tl:le extent not prohibited by law, including. but not limited to. liabilities for overdrafts relating to any deposit account agreement between Mongagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Propeny and its value and any other sums advanced and expenses incurred by Lender under the .eons of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission.. S. PAYMENTS. Mongagor agrees that all payments under the Secured Debt will he paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mongalior is or will be'lawfully seized of the estate conveyed by this Security Insrrumen. and has the right to grant, bargain, convey. sell, and mongage the Propeny. Mortgagor also warrants that the Property is uneDCWJ:lbered, except for encumbrances of recont 7. PRIOR SECURITY JNTERESTS. With regard to any other mongage. deed of trust. security agreement or other lien document that created a prior security interest or encnmbrance on the Propeny, Mortgagor agrees; , A. To make all payments when due and to perfonn or comply with all covenants. B. To prompdy deliver to Lender any notices that Mongagor receives from the holder, C. Not to allow any modification or extension of~ nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. CLAIMS AGAINST TITLE. Mortgagor will pay-all =es. assessmenlS. liens, encumbrances; lease p.yments, ground - - rents. utilities, and other charges relating to the Pmpeny when due. Lender may require Mong.gor'to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mongagor's payment, Mortgagor will defend title to the Propeny against any c1aiOls that would impair the lien of this Security Instrument. Mongagot agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mong.gor may bave against parties who supply labor or materials to maintain or improve the Propeny. ,8" 9. DUE ON SALE OR ENCtTMBRANCE. Lender may, at ilS option, declare the entire balance of the Secured Deb. to be imInediately cine and payable upon the creation of, or contract for the creation of. any lien, encumbrance, =fer or sale e>f the Property. Thi~ right is subject to the restrict!o"=, impoSed by' federal law (12 C,F.R; S~l), as appli<;able. ~ covenant shall run WIth the Propeny and shall remaIn 1D effect until the Secured Debt lS patd In full and this Secunty Instrumenr is released. Ill. PROPERTY CONDmON, ALTERATIONS Ai"lD INSPECTION. Mongagor will keep the Property ill good condition . and make all repairs that are reasonably necessary. Mongage>r shall not commit or allow any waste. impairment, or deterioration of the 'Propeny. Mortgagor will keep the Property free of noxious weeds and grasses, Mongagor agrees that the nature of the occupancy and use will no. substantially change with()Ut Lender's prior written consent. Mongagor will nm permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mongago!' will notify Lender of all demands. proceedings, claims and actions agaiust Mongagor, and of any,loss or damage to the Property, GT.15-39.0S0 (4/00) IP8gtJ 2 at 6/ CI ~Hl94. e.llN.trN' S~tom.. 11">(:.. St. Cloud. MN Fofm O't'H.MTCLAzPA 4/8"1:2000 ;:e=L.. k'.L__.. ~OQK1G19 paGf. .9Q6 :4.' i Lender or Lender's agents may, at Lender's option, enter the PropertY at any re:lSonable time for the putpOse of inspecting the Property. Lender shaH give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Propeny sball be entirely for Lender's benefit and Mongagor will in no way rely on Lender's inspection. . 11. AUTHORITY TO PERFORM. If M ongagor fails to perform any duty or any of Ibe covenants contained in this Security lnstrumem, Lender may, wilbout notice, perform or Cause them to be performed, Mongagor appoints Lender as atremey in,facr to sign Mongagor's name or pay any amount necessary for performance, Lender's right to perform for Mongagor shall no' create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under rhe law or this Security Insrrumen.. If any construction 00 the Pro~eny is discontinued or not carried on in a reasonable =er, Lender may take aI] steps necessary to protect Lender s security interest in Ibe . . p.ropeny,,incIy.<1fng completion.of.the,constt:!t\'tipn. _._ .. _ _,_ '_ _ . ~ _ ,,_ .',_ _ _ _" , ,_ 12. ASSIGNMENT OF LEASES AND RENTS. Mongagor irrevocably grants, hargains, conveys and mongages to LeD.der as additional se<:urity all the right, title and interes. in and to any and ail existing or futul'e leases, subleases, and any other 'Written or verbal agreements for the use and occupancy of any portion of the Propeny ~ incll.lding any ehtensions, renewals, modifications or substitutions of such agreementS (all referred to as "Leases') and rents, issues and profits (ail referred to as "Rents"). Morrgagor will promptly provide Lender with true and correcr copies of all eJCisting and furore Leases. Mort!1agor may collect, receive, enjoy and use the Rents so long as Mon,gagor is not in default under the terms of this Secunty Instrumen., Mongagor agrees that this assignment is immediately effective between the parties to this Security Instrument. Mongagor agrees that this assignment is effective as to third parties when Lender rakes affirmative action prescribed by law, and tha. this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mongagor agrees that Lender may talce actual possession of the property withou. the necessity of commendng legal action and that actUal possession is deemed to OCC1ll' when Lender, or its agent. IlOtifies M ongagor of default and demands that any tenant pay all furore Rents directly to Lender, On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rems in trusr for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument, Mongagor warrants that 'no default exists under the Leases or any applicable landIord/tenantlaw. Mortgagor also agrees to maintain and require any tenan. '0 comply with the terms of the Leases and applicable law. . 13. LEASEHOLDS; CONDOM.lNIlJMS; PLANNED UNIT DEVEWPMENTS. Mongagor agrees to comply with the provisions of any lease if this Security Instrument is On a leasehold, If the Property includes a unit in a condominiwn or a planned unit development, Mongagor will perform allofMongagor's duties under the covenants, by-laws, or regulations of the condominium or planned uni. development. 14. DEFAULT. Mongagor will be in default if any parry obligated on the Secured Debt fails to make payment whcon due. Mortgagor will be in de?iult if a b.reach occurs ~er lbe terms of this Security !n.st;rum~ Or any.pthe, doc1Jll1.ent e;<ecuted , for ,the 'purpose of'creatmg,'secunng or guarailtymg the 'Secured Debt. A good faith boilef by Lender that liJ1der at'any time is lIlseCUIe with respect to any person or emity obligated OIl the Secured Debt or that the prospect of any payment or the value of the Propeny is impaired shall also constirute an event of default. IS. REMEDIES ON DEFAULT. In some instances, federal and state law wm require Lender to provide Mortgagor with notice of the right to cUre or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security lnsoument in a IllatUler provided by law jf Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accmed interesr and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter, In addition, LeD.der shall be entitled to all the remedies provided by law, the terms of the Secured Debt. this Securit)' Instrwnent and any related documents, All remedies are distinct, cUUluladve and not e;<cluslve, and the Lender is entitled to all remedies provided at law or equity, whether or not eXC;i~s~lY set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the co is due or is accelerated or after foreclosure proceedings are filed shalI nor constitute a waiver of Lender's tight to require complete cure of any existing defaulr, By not exercising any remedy on Mortgagor's defuult, Lender does not waive Lender's right to later consider the event a defuult if it continues or happens again. ,:. , ,.. '" ~t ", ~. .. ~. ~ jt,. l I'll. ~ i# r.' ,0: ",-- :1. .. " .'(~ f II I II ~ c ~ 199~ a.....Ir...... Syal_m:o. I"c:., St. Cloud. MN Form GTH.MTGLAV'A 4j!l}ZOOO LM ,BO~PAGE GT.15-39-090 (4/00) (p.llgc:3af6J 907 16. EXPENSES; ADVANCES ON COVENANfS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law. Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand amount incurred by Lender for insuring, inspecting. preserving or otherwise protecting the Property and Lender's security interost. These ex~ will bear interest from the date of the paym,Ollt until paid ill full at the highest interest rate in effect as provided In the terms of the Secured Debt, Mongagor agrees to pay all costs and expenses incurred by Lender in collectiog. enforcing or p,cotecting Lender's rights and remedies under this Security InstrUll1em. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect uotil released. Mortgagor agrees [0 pay for any recordation costs of such release, ;:;, , " ~. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental Law ~ ,- means;- without'1imitation. <the ,Comprehensive. Environmental-Response ,-Compensation,and, Uability.Act-(CERCLA, 42,' U.S.C. 9601 et seq,), and all other federal. state and local laws, regulations, ordinances. court orders, attorney general opinions or ioterpretive letters concerning the public health, safe,y, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contarnllllUlt which has characteristics which render lbe substance <langerous or potentially dangerous to the public heallb. safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous ma[erial~" "toxic subst.anees~" "hazardous waste" or "hazardous substance" under any Environmental Law, Mortgagor representS, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing 10 le.nder, 00 Hazardous Substance is or will be located, stored or releaSed on or in the Property. 'This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property, B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain ;n full compliance wilb any applicable Environmenral Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Suhstance OCcurs on., under or abont the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any EnvironmenralLaw. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason 10 believe there is any ,pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEl\1NA TION. Mortgagor will give Lender prompt ootice of any pending or threatened action, by private or public entities to purchase or take any or all of lbe Property through condemnation, eminent domain, or any other means, Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above descrihed actions or claims, Mortgagor assigm to Lender the proceeds of any award or cWm for damages connected with,a condemoorion or other takin,g of all or any pan of the Property, Such proceeds shall be considered payments and will be applied as provided in this Securiry Instrument. 'This assignment of proceeds is subject to the terms of any prior mortgage, deed of trUSt, security agreement or other p:en document. 19. INSURANCE, Mortgagor shall keep Property insured against loss by fire, flond, theft and other h3zards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintalned in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to unde,'s ~ptOval, which shall llOt be unreasonably withheld, If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage '0 proteCt Lender's rights in the Property according to the terms of this Security Instnll1lent. All insn:rance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause.' Mortgagor shall, immediately notify Lender of cancellation or tennination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give ,10 Lender all receipts of paid premiums and renewal notices. Upon loss, Mongagor shall give immediate notice to the insurance carrier and Lender. Lemler may make proof of loss if not made immediately by Mongagor, Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of me Property or 10 the Secured Debt, wbether or DOt then due, at Lemler's option. Any application of proceeds to principal shall not extend or postpOne lbe due date of the scheduled payment nor change the amounl of any payment. Any excess will be paid to the Mortgagor, If the Property is acquired by Lender. Mortgagor's righ. to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass '0 Lender to the extent of the Secured Debt immediately before the acquisition.. . , , n~' ; CI ~19S" 8.-.10:.... Sy,u_. In"~ St. Claud. MN Form OTH-MTGU\.ZPA 4(6,,2000 LK..t... 'L.----'" ~ood6i9 rAG~ 908 GT-t6-3s.090 14100] {page 4 (Jf 61 j '" ;:;~ 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agree.men.. Mortgagor wiIl not be required to pay to Lender funds for taxes and insurance in escrow, 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor wiIl provide to Lender upon request, any financial statement or infonnation Lender may deem reasonably necessary. Mortgagor agrees to sign, dehver, and file any additional documenrs or ceruficarlons that Lender may consider necessary to perfect, continue, and preserve Mongagor's obligations nnder this Security Instrument and Leuder's lien status on the Propeny. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. AIl duties under this Security Instrument are joint and individual. If Mongagor signs this Security Instrument but does not sign an evidence .of debt, Mongagor does so only to mortgage Mongagor's interest in the Propeny to secure payment of the Secured Debr ~and,Mortgago,[..~es /!<It,,gr!,,, to.be ~rso.ually_!iaqle on,the S"",red De!;!t. If,this_Security)nstrument.secures a guaranty.. betweeu Lender and Mortgagor. Mongagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any pany indebted under the obligation. These rights may include, bur are no. limited ro, any anti-deficiency or one.action laws, Mongagor agrees that Lender and any party to this Security Inscrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mongagor's consent. Such a change wilt not release Mongagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of M ongagor and Lender. 23. APPLICABLE LAW; SEVERABlLITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, This Security Instrument is complete and fully integrated. This Security Instrument may not be amended Or modified by 'oral agreement. Any section in this Security Instrument, attacinnems, or any agreement related to the Secured Debt that conflicts with applicable law wiIl no' be effective. unless that law expressly or impliedly permits the 'variations by written agreement. If any section of this Security lnstniment cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular slWl include the plural and the plural the singular, The caprioes and headings of the sections of this Security Instrument are for couvenience only and are not to be used to interpret or define the terms of this Security Insu:ument. Tune is of the essence in this Security lnstniment. 24. NOTICE. Unless otherwise required by law, any notice sb3l1 be given by delivering it or by lIlailing it by first class lIlail to the appropriate party's address on page I of this Sei:UrilY Instrumen<, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. , ' 25. WAIVERS. Except to the extent prohibited by law. Mortgagor waives any right to appraisement ~lating to the Property. 26. OTHER TERMS. If checked, the foHowing are applicable m this Security Instromem: . ...... Line of Credit. The Secured Debt includes a revolving line of credit proyision. Althougb the Secured Debt =y be reduced to a zero balance, <his SecuritY lnstrwnent will remain in effec. witil' released. .., -. ...... Construction Loan. This Security instrUment secures an obligation incurred for lb.e construction of an improvement on,the Property. ...... Fixture Filing. Mortgagor grams to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Unifonn Commercial Code. ....., Purchase Money. This Security Instrument sei:Ures advances by Lender used in whole or in pan to acquire the Property, Accordingly. this Security Instrument. and the lien bereunder, is and sb3l1 be construed as a purchase money mortgage with all of the rights; priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania, ......NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ~. ! f( f , 3: M" ~.: Q ~laa4 e..nklln SYSfc:mll,loc.. Sr. Clll\ld. ,MN Form GTK-MTGlAZPA 4f612OJ:JO C:'" t,K L"!:::;? 'eoad619 ~~G~ gag GT-1S.3.9--090 (4/001 (page 5 of Sl . . ..,. "Riders. The covelllll1ts and agreements of each of Ihe riders ch~ked below are incorporated into and supplement and amend the terms of this S~urity Insttument. (Check all applicable items] ..,..' Condominium Rider ...... Planned Unit Development Rider ...... Other ..................................... N/.A Additional Tenns. ... -"-SlGNAT1:lRES:>By'sigDing-belnw;"Mongagor;intending to"be'legally'bound'hereby, agreeS\o'the-tenns .mrcoveilants- , contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument 011 the date stated all page 1. ~l:...6~",.,...?-t:~~i?f.~# ~i~) Linda K Lawrence ~~) .............n...............u...u................................... (s,-<=) <=) (S;~............,.,.."{o;.;;). .... . u....... _.. ..................................... (Wiald:S) . ........................................uu........_.................... (Slgnacurc) (.Dw::) (Wluuw) ~~ ~" ACKNOWLEDGMENT: . COM~ON'WEALTH OF ...~.:'.~:!l.~:':':~~~::......... , COUNTY OF .......!1r.:~{,;,;;r............. } ss. On this, the ......1.6.......... day of ..........Iune.,...2QQO......,....... , before me ...l:*!........E....!YtJf!1d... , (lndivldUllIl the undersigned officer, personally appeared. .:1:~~..~.!:7-~:}::::.........n.................H~.............................. .................................................,..............................,......... ,known to me (or satistlctoriIy proven) to be the perron(s) whose mm~s) is ~bscrlbed to the within instrument, and acknoWled!led)~~sbe executed the same for the purposes therem contained. ~\,~4--r;!ith..J' ~-..,..~~1(.Z~t~gE~~~~ . In Wimess whereof. I hereunto set my hand and official Seal~ .Jf~ .,~~;;i~.t~!..,1,-\~ ~z; .... '-"''',>i-;".''1'',''7c:.', 'f:: .() ~~Y'i:.~~ ':: My commission expires: ............. ....,...... ....I'::,.:.<~~$~L. NOTA IA SEAL .-' '''.,. ~_ - ,.-J:ii~"'.~.:\f'i ROBERT E. KNAUB, Notary Public 'l? ':-':.I/II}".---~~""6'*:.:"!) LowerAllenTwp" CUmberland County .................... .......,... ..... ,.tr""r,!,;!..:,~.~.s:""" My Commlsskln ExplresApn117, 2004 - orOtfi= "";t'91i'1'~~,~~~ '1f~~'F I . h b 'lied tha the ddress f th Lend .thin ed . c""..co Bank. Ino, t IS ere y cert1 t a 0 e er WI nam 18: ............................n.................................... Cottonwood Corporaee Cetl.ecr~' .825 E eott.onwood .PrkY 230, S...lt: Lake cit:y.. 'CT .8412:1. ..-........... ................r.<~. .::t?"~~.. .....;...... ....... ...-........ .... .......................... .................. ......................... ...~~ ' .f1(" , ,I!OOd6:t,9 PRGF ,-910 '~.; Stall;' IIf Peiih'sy)vaiiia....'..................................,........... County of Cumberland} Ret!c~rded~' tho office for the recording of Deeds ect, I and ~lfiljmber'Bnd County ~ In B Wll.. ~O~l p' '05 . - ,__;:lie wltn . r OJy ha . el of Ie H-MTOc...AzPA .&-Q~ . . .. 0 ;r. 9~/OO) 11'4906 of 6J ,~':~ . " Record' . '. , . ~, CONSECQ.. ,. . CO.>JSEcn FrN,\NC!;,. SF.R.VJCJ~G co/tI'Pennsylvania .." ''', ~':t:",';~:','~:.~~' ;(,.'::dAct 91 Notl'ce 1.11'1':". .\1 'u'I.I.' ""_' , _..":t-\.. ";'~:'.,~ I ~ ,,\-:; ; LINDA LA WRENCE 125 W NORTH STREET CARLlSLE. PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 20, 2000 This is an official notice tl1at the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home, This Notice explains how the program works. . To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA YS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet wilh the Counseling Agency, "" ~ c. The name, address and phone number of Consumer Credit Counseling Agencies serx:.ing, Y~~f, g:d:un are enclosed with this Notice. If you have any questions. you may cali the Pennsylvania Housing Finance :t::"'.... .~.~Jra 1-800-342- 2397, (Persons with impaired hearing can ca\l (7\7) 780-\869), " I ~ This Notice contains important legal information, If you have any questions, representatives at ;he n~ ~edit~'lJ Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The(c~~lbar " association may be able to help you find il lawyer. LA NOTIFIClON EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lNMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA, <, . ~'" CONSECO, 1 " CON'i!;;'CU rl:-JANc..:t~ SERVIC!i\H; Cl..1HI'. -;h'~ "i !-.:::r.:p,: I<d.h,.i T<.:!lll"'." .\ri/'(,n;\ '{.:;~" '..~::.'- '''~';~~..~ I ;.''';-.' '. Date: 9120100 TO: LINDA LAWRENCE 125 W NORTH STREET CARLISLE, P A 17013 74157236 Loan No,: 6907724618 Mortgaged Premises: 125 W NORTH STREET CARLISLE, P A 17013 FROM: Conseco Finance Consumer Discount Company ~, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPL Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"J, YOU MA Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: _m IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, _m IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE PA YMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STA Y OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-ta-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DA TE,-THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDfT COUNSELING AGENCIES ----If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender-may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in Wh1ch the property is located are enclosed with this Notice. It is onty necessary to schedule one face-ta-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTAi'CE --- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, " 1 ~, CONSECO, , " CO:-;'iECO FI:-.i,\~cr.:.. SEIWrCrXG CO!{!'. '-1:.:111 J"-~' .~;~i(;.~;l~l !://'~'.~i~. .r:~l:;'..: XX:-,..; I 5-:";-.~ ; AGENCY ACTION -~-~ Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria establfshed by the Act. The Pennsylvania Housing Finrtnce Agency has six.ty (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 wil1 be notified directly by the Pennsylvania Housing Finance Agency of its decision On your application. NOTE: IF YOU ARE CURRENTL Y PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (ffYOll have filed bankruptcy you can stilt apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 125 W NORTH STREET, CARLISLE, PA 17013 IS SERlOUSL Y IN DEFAULT because: A, YOU HAVE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months and the following amounts are now past due:7/21/00- S812,78 , 8/2 1/00-S81 2,78, 9/2 1/00-S812,78, Other charges (explain/itemize): NSF Fee: 50,00, Late Charges: S162.54, TOTAL AMOUNTS PAST DUE: $2600.88, B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT _n You may cure the default within THIRTY (30) DA YS of the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S2600,88, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DA Y PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance 7360 So Kvrene Rd Temoe AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthi5 letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY (30) DA YS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance ofth1S 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) DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to S50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed S50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees, OTHER LENDER R.EMEDIES ---- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. " ~, CONSECO" I 'I 11 CO:'\lSL~CO F(~,\:,{CH SElWIC1Nl...i COIU', T~:nPI:. .~~:t;~m~l i~:'51~'~;1~.~~'.:~'~l ;is:\-.i I 5-s-: ~ RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE --- If you have not cured the default within the THIRTY (30) DA Y period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same positlOn as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE --- It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately one month ITom the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default w11l increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE ---- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in toe property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION Of MORTGAGE ---- You_ mayor _X_may not (CHECKQNE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid priorto or at the sale and that the other requirements of the mortgage are satisfied. YOU MA Y ALSO HA VE THE RIGHT: --- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFf THE MORTGAGE DEBT OR TO BORROW [>'lONEY fROM ANOTHER LENDlNG INSTlTUT!ON TO PA Y 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 HA VE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) ---- TO ASSERT THE NONEXISTENCE 9f)\. DEF Al,;L T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, ---- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW, Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File ~ ,,~ en f:: { ~ 't~ s: ....,.;. ~ ,-" ;;1.':S: ~"O. ~:__; ~--' --',-;." ~ r,,,,::::c ~ 51 -~... ~ - ""'--.t C):::J - Vi ~t&? ~ -~ , I I ~ , ~~.-, ""- ~ . ' ".~ > ''::;;-= 8 (3 t:....',,- -..:- ~:~~ ~ "'":- i;--:: , ';:.' ~ :::> t.j l 0 Cl ~ ~ -c,.. ~ c:J ~ I l .., ~ J SHERIFF'S RETURN - REGULAR CASE NO: 2001-00147 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS LAWRENCE LINDA L DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAWRENCE LINDA K the DEFENDANT , at 1015:00 HOURS, on the lOth day of January ,2001 at 125 WEST NORTH STREET CARLISLE, PA 17013 by handing to LINDA LAWRENCE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~fJ?-~~ 18.00 3.10 ,00 10.00 ,00 31.10 R. Thomas Kline 01/12/2001 MCCABE WEISBERG & CONWAY ~ ,., Sworn and Subscribed to before me this ;;'f::'- day of ~ -kvl A.D. ,~ Y":!~thOe)::yei;, ~ ~ 1{ :~~, ' , By: J%<J/"?;/ ~l((~, Deputy Sheriff ~ McCABE, WEISBERG AND CONWAY, P.C. BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Linda K. Lawrence 125 W. North Street Carlisle, PA 17013 Number 2001-00147 P PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. --- "<'. . .., ! ,~ .~ - c'C; ~ ~'f~ ~=-i ~~= ~-.l" . , ':,:; tP,5] \,() C ~ :::J~ 0-__,.. 0".::" ~ -:4 ~.:::'~ :::::: ~~ i.:.iJDJ g:~ 0- .2 ;:::) <.) ('~ u... c'-' >-- W c:> c:>