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HomeMy WebLinkAbout01-1581 FX , .. .. .. .. " ,",,,, "" .' ~"' ,- ~"^" ,..' ''''''', "~- ,~ " '_M' O"Jn<>,o, "." 'W0-,'''-~'''':~-''-;'',,,''''/,, ~"c, -." "r,;'-"--": & r 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 f /k/ a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01- / g> I Co~l'-r~ NOTICE CIVIL ACTION/MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientesl usted tiene veinte (20) dias de plaza aI partir de la fecha de 1a demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 BUS objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u atras derechos importantes para usted. LLEVE ESTA DEMAND A A UN ABOGADO INMEDlATAMENTE. 51 NO TlENE ABOGADO 0 51 NO TIENEELDlNEROSUFICIEN1EDEPAGARTALSERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASlSTENCIA LEGAL. Cumberland Connty Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 "'- -" - ,~ --,",r..'~-" ''''''~''''-;;','''',,'-ih''__"' -- ,'""'_',,i,C_,^<^ '__,.~-;;c,'-.);___" , .-r"_~"~4',~ -'--'-~t- ,';','~..i:~Ji"~~ ... .'; 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L.Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter ---~.. '~ -<"" ,., .co .~ ~ ,~- '," ' =0 " _ ~ ,"." ,,!, "<, .>_~-,",-Oo,~-";;,;,,,_,o~';;,.,,,, .-~\j;C'5",;,i1;::;;~',i_i~ :.,~, . " .~__,,:.;~;'(: ~ described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 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, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 2/22/01 (Plus $25.92 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 8,709.12 $ 4,696.65 $ 1,920.46 $ 920.50 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $115,412.37 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be "~l: - , - --~-',-"_."<.-- ~ " .J,,_, . '", - ' ''"' --.~-'--~"'" "-- -,~---, .. ,-,' ,',,;,,-- 1." ~' ;_~-_"_'}";' '-';0--'-' ~_-:;"''''V.''-~'.;,h~-';hS;--. ,," ,. -. -. -',,-,.-'-;';:\iU :1 " :1 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 "B. II WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. {l:~EJJ~ Attorney for Plaintiff ,,,,,,,,,' , 0'"' "'"0"_"___ "C'~'~.~'""--,:,,,..,,,-,x,:--"">':.d"',",,---. "",,--lee -,J,J'~_"~'," ,,",;i.""o:A'~.,; . '"",',~ "~t-.:; j'" 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. ~4904 relating to unsworn falsification to authorities. ~1: Jtj~ TERRENCE J. MCCABE J;._ IlMbl . .=""""'~llj:;iilI'~_ _.~. ,- .~. <, ~ .- ....., ~-"'l="->~ "~ -l&<~:'-' " bi<>1 t .- , " r~~:H:Bi P. ZIl:CLER I'""O::O':! 0;: DEEDS . ~ .. .. . . ... . ( ,,:, "';"11 'IHl !:r.\]I.JT1' - 1',\ . .Co~w.:.J1!i bf PeDlisyIVaiilil Splice Abo.e This Line For Recording Data '9B mflt 2l Arll0 ~PEN-END MORTGAGE I I . This Mortgage secures future advances 1, DATE Affl) PARTIES. The date of thIs Mortgage (Security InsU1Ullent) is ....r:!~r...~?~...~~?.~"....."......... and the parties, their addresses and tax identification numbelS, if required, are as follows: " " Applicatioa #. 980S0alSG2 Lo~n # &90098087a MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES ~.... I. o If checked. .refer to the. attach.e.d. AdAe!;!du1!l_ iucorporated herein, for additio~ Mortgagors. their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 .' ..' . . ". ,_: : ~" .', 2. CONVEYANCE<Fpr'good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secur~d Debt (deijned below) and Mortgagor's perfonnance under this Security Instrument. Mortgagor grants, bargains. conveys and moi:tgageS;to Lender the following described property: , .J.....'" ~ f" See E.\l:.h.:Lbie' A'~~ ." ,:", ~, .1. . . . ~ . .:.... The property is located in .............CwtbeI'land..........,............................. at ..,............................................. . ,~ ..' clco.aty) . ....... ......:.:. ..;.:~~:........ ......... ... ......... ....~I ....~~~~.e:.7:~.. .... ....... ....... ,. .... ......, Pennsylvania.; Z~.~.~...... ....... . (Address) (City) (ZIP Codo) Together with all rights. easements, appurtenances, royalties. mineral rights, oil and gas righlS, 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 furore, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIif~ T~m LIJWT. The total principal amount sel:ured by thIs Security Instrument at anyone time shall not exceed $ ..,.............L.....:.......................... . This limitation of amount does nol include interest and other fees and charges validly made pUlSuant to thIs Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument 10 protect Lender's security and to perfonn any of lhe covenants contained in this Security Instrument. , 4. SECURED DEBT AND FUTURE ADVANCES, The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s). guaranty(s) or other evidence of debt described below and all their extensions. renewals. modifications or substitutions. (When referenclng the debts below it is suggested that you include items such as borrowers' names, note amounts, Interest rates, maturity dates. etc.) Note dated May 19. 1998. between Green Tree Consumer Discount Company and Stanley E Richwine, Cassie L Richwine. for $95,500.00.8.00m.~~...~.in oM May 2,J3a' .202'31,'2..~,~~l..,\~.fR'. f".ENNSYLVANIA. MO~TGAOE INOT FOR FNMA. FHLMC. FHA OR VA USEI 1i,!,<I f' M1..- f(.1 4:>1994 S4t\kllt.SVlt<tl11::l,lnc., St. Claud, MN It-&00-397-23411 Fr;lrmA.E.MTa.PA 1~f19/94 Form IV #111144 .. -,~,;,;~;,_ I. <.JIG!"'- ,- """. . ~, .' _~ _ __J~_ '-l~i " .' B. All future advances from Lender 10 Mortgagor or other future obligations of Mortgagor [0 Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced, If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by BrlY one or more Mongagor, or anyone or more Mongagor and others. All fulure advances and other future obligalions are secured by this Security Instrument even though all or part 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 commilIllent to make additional or future Joans or advances in any amount. Any such commitment must be agreed to In a separate writing. C. All Obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law. including, but not limited to, liabilities for overdrafts relating to any depo,'it account agreement between Mortgagor and Lender. D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and ~ny other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security IllStrument will not 5et.'Ure any other debt in.ender fails to give any required notice of the right of rescission. s. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secl1ICd Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mongagor agrees: A. To make all payments when due and to perfoon or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent 8, CLAlMS AGAlNST TITLE, Mongagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, 'utilities,. and. other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's paYment, Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights. claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE, Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of. or contract for the creation of, any Hell, encumbrance, transfer or sale of the Property. This right is subject to the restrictiollS imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is patd in full Brld this Security Instrument Is released. lO. PROPERTY CONDITION, ALTERATIONS AND INSPECTION, Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impainnent, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent, Mortgagor will not permit any cbange in any licease, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, c1ailllS and actions against Mongagor. and of any loss or damage to the Property. C'J 1894 lIankotd $y,t.ml, Inc_ 51. Cloud, MN ft.!lOo-397-.2~4'1 Form Re.MTO.PA 12/19194 .eo{t~1454'AG~ 890 ~ Ipag'et~, d~ ~-"--'~'''<liI'''''''liI ! t:l..- ':i\~1l' h."""-- ~ - ~, '. Lender or lender's agents may, at Lender's option, enter the Property at any reasonable time for the PUIpOse of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM, If Mortgagor fails to perfonn any duty or any of the covenants coma.lne<l in this Security Instrument, Lender may, without notice, perfonn or cause them to be perfonned. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for perfoIIl1llIlce. Lender's right to perform for Mortgagor shall not create an obligation to perfonn, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property Js discontinued or not carried on in a reasonable manner, Lender may take all steps necessary EO protect Lender's security interest in the Property, including completion of the construction. , - 12, ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additiooal security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Propeny, including any eXlensions, renewals, modifications or SUbstitutions of such agreements (all referred to as "Leases") and rents. issues and profits (all referred to as "Rents"), Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective untillhe Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands Ihat Mortgagor and Mongagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trUst for Lender and will not coIllll1ingle the Rents with any other funds. Any amounts collected will be applied as provJded in this Security Instrument. Mongagor warrants that 110 default exists under the Leases or any awllcable landlordltenant law. Mortgagor also agrees to maintain and require any t~nant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned uolt development, Mortgagor will perform all of Mongagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any p,any obligated on the Secured nebt fail~ to ,!:!a~ payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security IlIStroment or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured nebt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15, REMEDIES ON DEFAULT, In some instances, federal and state ]~w will require Lender to provide Mortgagor with notice of !he right to cure or other notices and may establish time sche<lules for foreclosure actions, Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument In a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become imme<lialely due and payable, after giving notice if required by law, upnn the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct. cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. 'the accep!ance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's tight to require complete cure of any exisdng default. By not exorcising any remedy on Mortgagor's default, Lender does no! waive Lender's right to later consider the event a default if it continues or happens again. <' , .;S:" () ipafl13f",f1 s,es-48l11'lt..,tSy:lllltn,.Inc:..St.crgUd',MN 11-80O-3aN~34H FGrrrlRE.MTG.PA 1.2119J94 ",b'/}of(1454PAaE 891: ~ ~. iLmill~,ill lr.",,-,'---'="'~ - '~""'l'_I,., ,-,. ,~~- " ~'d " ~ ~~ ~ ,~ ,-. _.'%<i!;t;,""'~'_,.\i'" ., 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mongagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will a1s.o pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's securily interest. These expenses will bear interesl from the date of the payment until paid in full at we highest interest race in effect as provided in the tenns of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's righlS and remedies under this Security Instrument. This amount may ioelude, but is not limited to, attorneys' fees, court costs. and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation cosls of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 V.S,C. 9601 et seq.), and all other fedenU, stace and local laws, regulations, ordinances, court orders. attumey general opinions or intetpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public l!eaIlh, safety, welfare or environment. The' tenn inclndes, without limitation, any substances defined as "hazardous material," 'toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no 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 DOnna! 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 in full compliance with any applicable Environmental Law. C, Mortgagor shall illl1Dediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Propeny. 10 such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mongagor has reason to 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. CONDEMNATION. Mortgagor will give Lender prompt notice of any pencling or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name. in lUly of the above described actions or claiIns. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of uust, security agreement or other lien document. 19, INSURANCE, Mongagor shall keep. Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained In the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which ,shall not be unreasonably withheld. If Mongagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's righls in the Property according to the tenus of this Security Instrument. All insurdllce policies and renewals sha1I 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 insnrance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immeduw: ilotice to the illSurance carrier and Lender. Lender roay make proof of loss if not made immediately by Mortgagor, 01994 84nkat.lS'Yltlll1ls. lna.. St. Cloud, MN (1-t10().397.234'I FOfmAE-MTO.PA 12l1g/G4 .Bqllt:1454fAG( .892 . ~ Ipaget~. -~ . ~~~ illJ - ~ I ,",u ""'~~"'1ili..l " " Unless otherwise agreed in writing, all insurance proceeds shaH be applied to tile restoration or repair of tlte Property or to tile Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone tlte due date of the scheduled payment nor change the amount of any payment. Any excess will be paM to the Mortgagor, If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent nf the Secured Debt immediately before the acquisition. 20, ESCROW FOR TAXES AND INSURANCE, Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial stalement or infonuation Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien statuS on the Property. 22. JOINT AND INDIVIDUAL LIABILlTY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Set:urlty In.5trument are joint and individnal, If Mortgagor signs this Security Insrrument bur does nol sign an evidence of debt. Mongagor does so only to lllOrtgage Mortgagor's interest in the Propeny to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mongagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party 10 this Security Instrument may extend. m.odify or make any change in the tenus of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a chllllge will DOl release Mortgagor from the tenns of this Security IllSrrumen!. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Insrrument is comptete and fully integrated. This Security Instrument lllay not be amended or modified by oral agreement, Any section in this Security Inslnlment, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by wrilten agreement. If any section of this Security IllSttument 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 shall inc;lude the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Insttument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by Jaw, any Dotice shall be given by delivering. .It or. by mailing it by first c.\ass mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mongagor will be deemed 10 be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. . .Bood454. PAGE .893 ~ f, {!. fP'~. Q19V4 BAn!;.,. S'I'll.tem., lnG.. SI. Cloud, MN 11'ilOO-397~234U Form Re.M"tG-PA 12/19/94. ,".,,~- ~~ - - 'rli I ~~~ ,~ -"'-'''''''-H , ' , > 26. OTIIER TERMS. If oheoked, the following are applicable to this Security Instrument: D Line of Credit, The Secured Deb~ includes a revolving line of credit provision. Although tile Sec:ured Debt may be reduced to a zero balance, this Security Instrumen~ will remain in effect until released. D Construction Loan. This Security Instrument secures an obligation incurred for tile construction of an improvement on the Property. , D Fixture Filing. Mortgagor grants to Lender a security interest In all goods !hat Mortgagor owns now or in !he future and !hat are or will become fixmres related to tile Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. D Purcliase Money. This Seourity Instrument secures advances by Lender used in whole or in part to acquire the Property. Accotilingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, pnonties and benefits I:hereofunder the laws of the Commonwealth of PelUlSylvania. D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. o Riders, The covenants and agreements of each of the riders checked below' are incorporated'into and supplement and amend the tenns of this Security Instrument. [Check all applicable boxes] o CondominillID Rider 0 Planned Unit Developmenr Rider 0 Other ................................................... o Additlonal Terms, SIGNATURES: By signing below, Mortgagor. iotending to be legally bound hereby, agrees 10 the teons and covenantS conwned in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instl1lll1ent on the date stated on page 1, E If fJ - 5'-[1-18 ..............~.......................n. (Si~...lUr.) anle:y E Richwine (D.tel .......Q~.d.:....~..~:.J~~( (Signature) Cassie L Richwine (Dat.) CNi;;.~.~...................... ACKNOWLEDGMENT: c., \ L COMMONWEALTH OF ....P.ennsy.l:v<lnia..,..,............ COUNTY OF ..,,,::f.'~0.~.........,..............} ss. <""I"""" 00 this, the .....1.9th........... day of MaW..19.98..............................., before me ..,r,>:;l.~.~..\-\~......, the 1l0dersigned officer, personally appeared .Stanley. .E;..R.ichwine ..Cassi.e. ,L. .R.lcb:lline........ ................. .......................................................................,.................. known to me (or satisfactorily proven) to be the person(s) whose name{s) is subscribed to tile within instrument, and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal, .1.' ....I,\\lUUII'II;j;....... . .,',.,.G"ll!J.t.h~....;!;;..,ission . ",' ..\,"" ..'Y"'/(t":'lf:l .-~\.....-... .,fOU .~'~""'l.'"~ ,,""\0 to ......."",., ...;6:1.,111) ,:'....' " " .~.'I'CI> ... JC"~ ::> ~~1..;\1.;...... -'\(~''i-fO...' i!, ': .'f..... '",F-I';ll' ') i' E ,--:...; ,.:". .' , 't= "',,- ~ \1 'N ............................................................................. -" "S. .It,... ~:\ -~':,.I.O...~i 'l1tl~o(Dt&ar t-l"'" ...~ ~ti .'jf . . . G1ioetL 'fret: CoMUtl\et' Diaeounl: Company 1~~1 Bethe address of the Lender Within named IS: ...........................................,............,................... 3'4o.,;~tot:' yC!ve. Suite 118. Camp Hill. Pe~yl':~~~...~.~?~7......"....~..........................n.......~...............~..... .........,...I;lt. ...... ...............................................,... "7J'..:.P"'" Notarial Seal Lonnay H. Grove, Nota1)' Public Lower Paxton Twp.. Oaupfiin Courrtv My Commission EXplresAprll17, 2000 .,... ..... .. ........................ ..... .... ~..... ~""'" ................. BooK1454 PAGE .894 (paQs 6 a/51 Q 1994 B--anIce1$ ~tem" 1M.. SL Cloud. MN 11-1300.397,2:34.1 Farm Fl.E-MTG-PA 12f1!J{a4 ^~ll~I'''~~''''''''''''''"''''--- , , " .. ;.- ,. Exhib.:l. 1:: A Legal Description: ~lM,'''I;'''tI',,-,,'';' BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME Q-36 PAGE 495 parcel ID: 08-38-2175-012 State of Pennsy\Yanla} 88 County of Cumbedand of Deeds Recorded in the office for the recordinG ect, and i~~erl!!!!! county~'1 '" ~\IoI._~ wiln,ss .;.~ . ' Carli PA th RI\COI'det ~Qod454rAGt.' 895 ~~. -.~-~ ~ , ~ ..~ ~flI" "-'~~~~,l, Pennsylvania CONSECtl FINANCE SERVICrNG CORP. 73605 Kyrene RoacJ<\.ct 91 Notice Tl::mpe, Ariwna 85283"4583 888-)';-87)) ~,. CONSECO. , , STANLEY RlCHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27,2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIflN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lNMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE 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 REDlMIR SU IllPOTECA. .EXHIBIT "B'l ~~ ~ ~~ - ".< '<L" .....~",~ " ~" CONSECO. CONSECO FINANCE SERVICING CORP. 7 -' /10 5 Kyrene Road Tempe, Arizona 85Z.83~45:';.1 888'3'5.8733 Date: 6/27/00 TO: STANLEY RICHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 2656 2850 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, P A 17324 FROM: Conseco Finance Consumer Discount Company YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF VOU 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 BElNG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ---- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --.- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" 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 DATE. THE PART OF THIS NOnCE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one ofthe consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which th~ property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for tinancial assistance from the Homeowner's Emerg.mcy 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 ofthis 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~ . . . < ~ ;~_~j " ~""'''''i'.-..~,,-:;;,.-~ ~.. CONSECO, CONSECO FINANCE SERVICING CORP. 73605 Krrene Road Tempe, Arizona 8)2.83-4583 . ~H8"1 ,.x-.. AGENCY ACTION .-.. AVaIlable funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT.THE DEBT. (If you have filed banlauptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TIlE DEFAULT ..- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERlOUSL Y IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:4/23/00. $889.79,5/23/00-$865.79,6/23/00.$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.27. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE TIlE DEFAULT .-_. You may cure the default within TIDRTY (30) DAYS of the date ofthis notice BY PA YlNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WIDCH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING TIlE TIDRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So Kvrene Rd. Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the follOwing action within TIDRTY (30) DAYS of the date ofthis letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT -.-. If you do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to ipstruct its attorneys to start legal action to foreclose upon your mortgaged propeity. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TIDRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --.- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. iiIlldiIitil '-'-'~'Iilt~,:' ~.. CONSECO. CONSECO FINANCE SERVICING CORP. 7 j 60 S Kyrt::ne Road Tempe, Arizona SpJf3-4583 888.3[5.8733 RIGHT TO CURE THE DEF AUL l' PRIOR TO SHERIFF'S SALE --.- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE --- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the s~le. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly w~at 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 Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: -.-- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. ----TO HAVE TInS 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 THlS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ---- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. --.. TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File "--~ , ~ ~" - ~, -_ ..." ~,I ~"'.~"'~~ .~.i,~"~::,; Pennsylvania CONSECO FINANCE SERVICING CORP. 73605 Kyrene Ro.d.'\ct 91 Notice Tt:mpe, Arizun<t N5~R~.4S1(~ 888.~ t5.H73J ~. CONSECO., CASSIE RlCHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature ofthe default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800..342- 2397. (Persons with impaired hearing can ca!! (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUBDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUBDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IDPOTECA. ~, "~~.~,~-~'" - .. ~~ - ~ , - ~ ~ '1lW..'l.),ai;l<i~~1 i^ , ~,. CONSECO, CONSECO FINANCE SERVICING CORP. 73(jO 5 Kyrene ROtld 'Tempe, Arizona ~Pf-J3-.t5~3 aSH-) T 5-H73J Date: 6/27/00 TO: CASSIE RICHWINE 337 OLD STATER.OAD GARDNERS,PA 17324 2656 2867 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 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 COMPLY WITH TIm 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 HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND --- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TIm NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end ofthis Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise yourlender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the tight 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 orposhnarked 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 LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ," .~". -" ~... "' ~ . ~I"",," '^ ~~ "'^jDL~i.t~.ix , .'. . ' ~.. CONSECO, CONSECO FINANCE SERVICING CORP. ,,605 Kvnme Road Tempe, Aj.jzon,11-i51.S3~45X., AGENCY ACTION ---- Available funds fo~Heth'Jienh~ mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:4/23/00- $889.79,5/23/00-$865.79,6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.27. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PA YlNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TInRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So 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 of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ---- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within TInRTY (30) DAYS, the lender also intends to instroct 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. Ifthe lenderrefers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are starled against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also inClude other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES --- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ^'-' \I "'1', ~'" CONSECO. CONSECO FINANCE SERVICING Coap. 7.~6o 5 Kyrene RO.ld Tempe, Arizona 8S.!.8J-45RJ S88-) 1;'873.1 RIGHT TO CURE TIm DEFAULT PRIOR TO SHERIFF'S SALE ---- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE --- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month from the date of this Notice, A notice of the actual date ofthe Sheriffs 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. ASSUMPTION OF MORTGAGE .-- You _ may or _X~may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage d,ebt, I1rovided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the otherrequirements of the, mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: __n TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHERLENDING INSTITIITION TO PAYOFF THIS DEBT. -- TO HAVE TIDS DEFAULT CURED BY ANY TIllID PARTY ACTING ON YOUR BEHALF. ____ TO HAVE TIm MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HA VB THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ---- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTImR LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS: -.- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. _--- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File ~*ii!!~ii1_l'Ii'm~m*,,';);).I:,,~~l,::&":;;"<k~-;o.'ili!~I:&~,-lill>J.I.-Il!~~~iildlWillliifllll' ""~11 ,'''''''' ~"",.~ .. ~( ',tJ:; ..... fl ~ ~ ~ B rl h ~ ~ ~ 8 8 ~ .,... n ~ I ( 0 J-"", ~ C " ' H;'j ~t? rii~~ -:"I" . ~~<~ ~~ 19- ' -;I ~ Y'J I,D ~'--~ ,l: -.. ~ --- ~c:; -V :,-J::r: 5C) t~j,;~ 5-~;:;! !;:' '- Z ~-4 =< ' , 5J w (::> -< ~ ~ ~!IJ(".JL ,ii.JL~L ~~ '~~~'..~ ,~_'" ~~ "'e.~_,, '-"__'~ ,_ <'_ ,"", ~. .-".,,_ --''',,<> .s% i.J - ~ ." ~ , , ,~~_ _n '=~ -";-j SHERIFF'S RETURN - NOT FOUND " CASE NO: 2001-01581 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS RICHWINE STANLEY E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RICHWINE STANLEY E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RICHWINE STANLEY E HOUSE VACANT HAS A REALTY SIGN ON IT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 R. Thomas Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 04/20/2001 Sworn and subscribed to before me this t1<- :l'l ~ day of ~ .2().f A.D. Q'tc. (1,~. # Pr t on6tary " \; ~li" l , I SHERIFF'S RE~URN - NOT FOUND ._=-" - .> 1liJ-,: CASE NO: 2001-01581 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS RICHWINE STANLEY E ET AL R. Thomas Kline inquiry for the within named ,Sheriff or Deputy Sheriff, who being says,1 that he made a diligent search and defenbant, DEFENDANT , , duly sworn according to law, RICHWINE CASSIE L but was unable to locate Him in his baili~ick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to I I , RICHWINE CASSIE L I the within named DEFENDANT I HOUSE VACANT REALTY SIGNE ON PROPE~TY. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before MCCABE WEISBURG,& CONWAY , 04/2!0/2001 i I I me :, this u::- ,2<{ ~ day of ~ ,2 (X) I A.D. (:lx' - o. )/;tt';,~ ~ Pro notary f ~ ~ , 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 ~ .,~ ..,,',,~. ~. - ~J.j!:l " -" ~-, Attorney for Plaintiff Cumberland County Court of Common Pleas . ',,-/..---;<'; TRUE COPY,FB6MREcORD 111 TIlllimOnY wbereof. I '*8 unto.:- my I\j!ld _ tM sell 01 said <>>urt,at~.,fa, 6 ~~~~~~~~~ Number 61- 1~1'1 C~;(~ CIVIL ACTION/MORTGAGE FORECLOSURE 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defendetse de estas dernandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de Ia dernanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u OITOS derechos importantes para usted. LLEVE E5TA DEMANDA A UN ABOGADO INMEDlATAMENTE. 51 NO TlENE ABOGADO 0 51 NO TlENEEL DINER05UFIClENTEDEPAGAR TAL5ERVlCO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIClNA CUYA DlRECCION 5E ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE 5E PUEDE CON5EGUlR A515TENCIA LEGAL. Cumberland County Bar Association 2 Liberty'Avenue Carlisle, PA 17013 (717) 249-3166 'lilI.....,.. ii' -n""_' '-j- .M!i...~, 0"' HIil"?-'~ , , 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L, Richwine 337 Old State Road Gardners, PA 17324 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter \' ,- - "' ~ ,- , :~~-:>ii ~:i'Wh described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subj ect to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 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, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 2/22/01 (Plus $25.92 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 8,709.12 $ 4,696.65 $ 1,920.46 $ 920.50 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $115,412.37 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be ~J .- " ":1:,. , , , 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 fiB. It WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. Affi TERRENCE J, Mc BE, ESQUIRE Attorney for Plaintiff ,,-~ "", li!fIS1Ci 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. !H904 relating to unsworn falsification to authorities. ~1: ,Jti!_ TERRENCE J. MCCABE ~i'_L .1M - , - ~ ~ ~ I ^ -,~ ~ '~~'-;' .-' :' ~ ,-- ~()It , , i~~:~EHt P. Zn:CLER <10"0::0::\ or DEf,DS ,....."J ," .., ("""""11 '110 !'I1UNTy-f'iI Co~wwIli bf Pi:bJisylYaD!il Space Above 'Ibis LiJl.e For Recnrdlng Data '98 mfli 21 APli0 QPEN-END MORTGAGE II . This Mortgage secures future advances 1. ))ATE AND PARTIES. The date of this Mortgage (Security losU1l1llent) is ....~~r...:!-.~,~...~~~.~...,..."......... and the parties, their addresses and tax Identification numbers, if required, are as follows: " .' Applicacion I 9805081SG2 Lo~n ~ GSOO~60878 :'j " MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES ...".. " l, o If chec!ced. .refer to the. attach.e,d. A,dAel!duW..incorpornte4 herein, for additio~ Mortgagors, their signatures and acknowledgments, LENDER: Green Tree COnSumer Discount Company 3401 Hartzdale Drive suite 118 .' Camp Hill, Pennsylvania 17011 ',' ..' .' '. 't: .... ,', . . 2.. CONVEY ANCE< Filr' good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (def.ined below) and Mortgagor's perfo111l1ll1ce under thts Security Instrument, Mortgagor grants. bargains, conveys and moi:tgiigeslto 1.ender the following described propeny: , .1.....-' 4 "I ' See El.illi:i.bi t' A' J ." ,:". :, .J, " " . ':'..' The propeny Js IOC~ted in .............Cwn6vland...........,......".................... at ...................,........,........,....,..... . . _ ~. Jeount ......., ......:,:.. .:.:!~~...,...... ..... _. ... _.. ...... .... 'I .... ~~..~.~.:t;:'.~. .... ,....,., ..... .,..... ....." Pennsylvania.; J~.~,~.............. . (Mdr'..) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas tighrs, all water and riparian rights, ditches, and water stock and all existing and future improvements, stmctures, fixtures. and replacements that may now, or at any time in Ole furore, be part of the real estate described above (all referred to as 'Property'). 3, MAXIMUM OBLl~~ T~m LIDflT. The total principal amount secured by this security Instrument at anyone time shall not exceed $ ..,..............~........'.......................,.. . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument, Also, this limitation does not apply to advances made under the tetms of this Security Instnunent to protect Lender's security and to penonn any of the covenants contained in this Security IlllJtnJlllent. , 4. SECURED DEBT AND FUTURE ADVANCES, The term 'Secured Debt' is defined as follows: A. Debt incurred under the tennS of all promissory nate(s), contmct(s), guaranty(s) or other evidence of debt described below and all their eXlensions, renewals, modifications or substitutions. (When referencing the debts below It is suggested that you include items such as borrowers' names, note ampunrs, inrerest rares, maturity dates, ere.) Note dated May 19, 1998, between Green Tree Consumer Discount Company and Stanley E RiChwine, Cassie L Richwine, for $95,500.00, 1l)5li..W:t;in~ ~a~_., 2.3.: '.J. ~O.2j. <r:".:.:" I~:;; .f" ,': ~II ft .~ ~"'~ ~! I\Ij ilb (l ,llOOK{1!' ,7riE..'~~~..~"~!: ~~ 't;:~ iju~,tl-~ . w ~.rl~i? ~ ~l:. I l. P~NN.YLVANIA' MOnrSAOE 'Nor Fan FNMA. FHLMC, FHA on VA USE' tC1!194 B-<<llo:~" ~y'lom:r.lm:,. St. Claud.MN IHIOo-~97.2;J4ll Form p.e.M'rGoPA 1:ms/S4 '"'OrtrL ID #1.11184 ,I!' jll-lIlIlILl_,,~H> -~ ~~ __0 .' , '^1!!-~,(: " . .' B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note:, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instromem will secure all future advances and future obligations that are given to or incurred by anyone or more Mortgagor. or anyone or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other ful11re Obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commilment to make additional or future loans or advances in any amount, Any such commilment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by laW, including, but not limited to, liabilities for overdrafts relating to any deposit accoont agreement betWeen Mortgagor and Lender, . D. All addWonaJ sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Propett'! and its value and ~ny other sums advanced and expenses incurred by Lender onder the terms of this Security Instrument, This Security Instrument will not SC<.'Ure any other debt if Lender fails to give any required notice of the right pf rescission. s. PAYMENTS. Mortgagor agrees that all paymeots onder the Secured Debt will be paid when due and in accordance with the tenns of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the P'roperty is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or oilier lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perfonn or comply with all covenants, B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAlMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, 'utilities,. and. other charges relating to the Property when due. Lend~r may reqJ!ire ~ortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment, Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender. as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. . 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option. declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encwnbrance, transfer or sale of the Property, This right is subject to the restrictions imposed by federal law (12 C,F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and thls Security Instrument is released; 10. PROPERTY CONDITION. ALTERATIONS AND INSPECTION, Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary, Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior wrillen consent. Mortgagor will not permic any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mongagor, and of any loss or damage to the Property. 1<)1994 B~{\I(c.rl $y,tcm.,lne.. St. Cloud, MN tt.aOQ-397-,2:i-4" FQrm RIl'.MTO.PA '~19'94 .eo(t~~454PAC~ 890 ~ (P8gc.~tF!.. ~ ,W _,1I,!I~i-'''~ '-"'"~ . J,~ '_. ^~ ,-'~"~ " '. . ' Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of itlSpecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM, If Mortgagor fails to perfonn any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perfonn or cause them to be performed, Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for perfonnance, Lender's right to perfonn for Mortgagor shall not create an obligation to perfonn, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights Under the taw or this Security Instrument. [f any construction on the Property is disconti nued or not earned on in a reasona~le manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including complellOn of the construction. . - 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor Irrevocab[y grants, bargaillS, conveys and mortgages to Lender as additIonal security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Renls"). Mortgagor wiJI promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is Dot in dehult under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the panies to this Security Instrument and effective as to third parties aD the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender Is entitled to notify Mortgagor or Mortgagor's tenalllS to make payments of Rents due or 10 become due directly 10 Lender after such recording, however Lender agrees not to notify Mortgagor's tenants umi! Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and MOl18agor's tenants pay all Rents due or to become due directly to Lender, On receiving nolice of dehult, Mortgagor wiII endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trUst for Lender and will not commingle the Rents with any other funds. Any amounts colIected will be applied as provided in this Security Instrumenl. Mongagor warrants that no dehult exists nnder the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any t~nant to comply with the terms of the Leases and applicable law. 13, LEASEHOmS, CONDOMINrtJl\IlS; PLANNED UNlT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security InstrUlllent is on a leasehold. If the Property includes a unit in a condominium or a planned ullit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condomln1Wn or planned unit development, 14. DEFAULT. Mortgagor will be in defauit If any p,arty obligated on the Secured Debt fail~ to lEak~ payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Leader that Lender at any time Is insecure with relipec! to any person or entity obligated on the Secured Debt or that the prospect nf any payment or the value of the Property is Impaired shall also constitute an event of default, IS, REMEDIES ON DEFAULT, [n some instances, federal and state l~w will requIre Lender to provide Mortgagor with notice of the right to CUre or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any. Lender lllay accelerate the Secured Debt and foreclose thIs Security Instrument In a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving nottee if required by iaw, upon the occurrence of a default or anytime there-dfter. In addition, Lender shall be entitled to all the remedies provided by law, the tenns of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. 'the acceptance by Lender of any SlUl1 in payment or partial payment on the Secured Pebt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default. Lender does not waive Lender's right to later consider the event a default If it continues or happens again. . <' . S.... () fp"ifj 3J",f1 C91!1S--48Ml/!..,,jSl'2rom-J. In/;.. St.CI(1U4,MN 11.80o-387.~3"1J J!llrmAE'.MTG.PA 12/19194 ',l1/JoH1454PAui 89f ~ ~, !.:Uid,,,I:L ,J~'''~- .. ,~~~~,J ~ _0 -, ~- J 0 1~ ~ ~__"' ~ .i!!1~lL~s: ' 0_0" " 16. EXl'ENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mort~agor agrees 10 pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. MO'1gagor wtll also pay on demand any amount incurred by Lender for insuring, inspecting, preserving' or otherwise prot~cting the Property and Lender's security interest. These expenses will bear Interest from the date of the payment until paid in full at the highest interest rate in effect as provided in llle terms of llle Secured Debt. Mortgagor agrees to pay all costs and expepses incurred by Lender in collecting, enforcing or protectin,g Lender's righls and remedies under this Security Instrument. This amount may include, but is not limited to, aUorneys' fees, court costs, and other legal expenses. This Security Instrument shalrrelllain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (I) Environmenml Law means, withoutli:rililation, the Comprehensive Environmentalll.esponse, Compensation and Liability Act (CERCLA, 42 U.S.C, 9601 et seq.), and all other federal, Slate and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concemin,g the public health,' safety, welfare, environment or a hazardous substance; and (2) Hazardous Subslllnce means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potontially dangerous to the public I)ealth, safety, welfare or environment. The .tenn includes, without limitation, any substances define<l as "hazardous material," "toxic substances," "hazarclous waste" or "hazardous substance" under any Environmenml Law. Mortgagor represents, warrants and agrees that: A. Excepl as previously disclosed and acknowledged in writing to Lender, no 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 nonna! use and maintenance of the Property. B. Except as previously disclosed and aCl<:nowledged in writiug to Lender, Mortgagor and every tenant have been, are, and shall remain in full ~ompliance with any applicable Environmental Law. C. Mortgagor shall inunediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property o'r there is a violation of any Environmental Law conceming the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmenml Law. D. Mortgagor shall il11D\edlately notify Lender in writing as soon as Mortgagor has reason 10 believe there is any pending or threatene<l investigation, claim, or proceeding relating to the release or thrl7<ltened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to interllene in Mortgagor's name.!n any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking' of all or any part of the Property. Such proceeds shall be considered payments and will be applled as provided in this Security Instrument. This assignment of proceeds is subject to the terms of arty prior mortgage, deed of mist, security agreement or other lien document. 19. INSURANCE, Mortgagor shall keep. Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods thaI Lender requires, The il1$UJ.'allte carrier providing the Insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably wilhheld. If Mortg'agor falls to maintain rhe coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property accordin,g to the terms of this Security Insmlment. All insurance policies and renewals shall be acceptable to Leuder and shall include a standard "mortgage clause" and, where applicable, "loss payee clause~" Mortgagor shall immediately notify Lender of cancellalion or termination of the insurance. Lender shall bave the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immedia~e ilotice to the insuram;e carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. lSI1S94 a,nkllt. 5y.tlUllll. lnc.. Sc. CIQud, MN IHIO(J.397.Z34,) Palm AS.MTCH'A 12n~/ij4 110ll<<1454,.1'f' 892 .. "".... ~ {pagt!..4.f.~~. "'"__"ll! ... o I~ 'i:.1.<,,: " " Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property nr to tlJe Secured Debt, whether or not then due, at Lender's option. Any appllcation of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mnrtgagor's right to any insurance policies and proceeds resulting from damage to the PropellY before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20, ESCROW FOR TAXES AND INSURANCE, Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender fuuds for taxes and insurance in escrow, 21. FINANCIAL REPOlUS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request. any financial statement or infonnation Lender lIUIy deem reasonably necessary, Mortgagor agrees to sign, deliver. and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 2.2, JOINT AND lNDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual, If Mortgagor signs this Security Instrument b\ll does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Propeny to secure payment of the Secured Debt and Mongagor does not agree to be personalIy liable on rhe Secured Debt, If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mongagor or any party indebted under the obligatIon, These rights may include. but are not limited to, any anti-deficiency or one-acoon laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the tenns of this S=rity lnsttument or any evidence of debt without Mortgagor's consent. Such a chlll\lle will not release Mortgagor from the tenns of this Security Instrument. The duties and benefits of this Security lnstrwnent shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. API'LICABLE LAW; SEVERABILITY; INTERPRETA'I'lON, 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 comptete and fully integrated. This Security Instrument may not be amended or modified by oral agreement, Any section in this Security Instrument, attachments. or any agreement related to the Secured Debt that confliets with applicable law will not be effective, unless that law e"pressly or impliedly pennits the varladons by written agreement. If aoy section of this Secnrlty IllSttument cannot be enforced according to its tenns, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever nsed, the singular shall include the plnral and the plural the singular, 'The captions and headings of the sections of this S=rlty lnstrument are for convenience only and are noc to be \lSCd to interpret or define the tenus of this Securlty Instrument. Time is of the essence in this SecurllY Instl1lment. 24, NOTICE. Unless otherwise required by law, any notice shall be given by delivering.'it or. by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed 10 be notice to all mortgagors, :l.S. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rigM to appraisement relating to the Property. :; ( it ., !~ " . .Bood454 PAGE .893 ~ f, [2.IP'~1 Q 19;4 B&n~.r. S"'lt~mlr.lnc.. Sl. Claud. MN 11-SOQ-397-:;e:J411 F.orm RE.Mla.p" 12119/9.c. o1F '11i'Iiii!i!'li ! ~ ~~ -'- "~~ r" "; ,","",- ~=~'''';''.J ' . " -atJifu:\:i , ' , > 26, OTIIER TERMS. If checked, the fOllowing are applicable to this Security Instrument: D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured nebt may be reduced to a ~ero balance, this Security Instrument will remain in effect IInti! released. o Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. o Fixture Filing~ Mortgagor grants 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 SC(:urity Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be tiled of record for purposes of Article 9 of the Unifonn Commercial Code. D Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, lllis Security Instrument, and the lien hereunder, is and sball be coostrUed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and agreements of each of the riders checked below' are incoiporated'into and supplement and amend the tenns of this Security Instrument. [Check all applicable boxes] o Condominlum Rider 0 Planned Unlt Developmenr Rider D Other .....,.............,..,............................ D A.ddltlonal Terms. SIGNATURES: By signing below, Mortgagor, intending 10 be legally bound hereby, agrees to the teons and COVenllnlS contained in this Security Instrument and in any atlacbments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the dale stated on page 1. ..... ,..~~..~........~.-:.{l:.1.Q anley E: Richwine (Date) .......~.d:....~..~:-.I,~~( (Signature) Cassie L Richwine (DaIO) '&tij;,~~...................... ': ;; , ...........~..............,.., ACKNOWLEDGMENT: C \ L COMMONWEALTH OF ....P~sy.l:vania.......,........, COUNTY OF ,..~';'!)~.~~,.......................} 55. <""""""'" On this, the .....19th..,........ day of May..19.98................................ before me )...I;>::t.';jo.'::t..\~~,....., the undersigned officer, persOnally appeared .StanLey. .E;.Il.ichw.i.ne ..Cassi.e. .L. Il.ich'1.tine..... ..,................. ........u...................................U....H...............................,..... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that lte/she executed the same for the purposes therein contained. ............,......,........................................................ ~~od454PAG[ 894 (pag'8 fi (j{ 6/ 01994 S-u1kCf'S S'i~tem:l. lna., 5L CIQud. Mil tl.aQOo397~234T1 Form I'1E-MTCi-PA '2/19/94 i liiiliL-,I>_ , , " ~~~ .)0.- ^,-, . ~. -~, ~. Exhibit: A Legal Description: ~ ''''"''''"-''--. .,,~- ---'I1~~.iNi,l BRIEF LEGAL DESCRIPTION/ ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, COMBli:RLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FtJI,LY DESCRIBED IN DEED DATED 05/14/1~~8 RBCORDED 05/11/1998 APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN nEED BOOK VOLUME Q-36 PAGE 495 parcel 10: 08-38-2175-012 State of Pennsylvanla } 86 CQUoly 01 Cumbal'land Deeds Recorded in the office for the recordlnG of eCI~andf~~erl!!!1l! County~9 "' BooI=""'-~ ~~~i ss.P~~ . . ..l'-ttfi:~i~~~ .,.. ,,-a.~~~0Rl'\~ ,/1:' "-. v ~ '~"',".:,li'i"l">' ~'11 ~, ,.,s """'J:-~""~' .,..,...11 .,: v ';:~l .,~~. J: l ,.9'~1~ ,.\;-. ~l' ,~,~.t !"""" ~'''';I\II''1' .. . ... . ~ '.1~.;. : iJ~i. ~l.. ~., ~~~. ~~"f' .. ~ ~ .~.. ,,', .:~ . , ~ ~~ It' " ..: ~ 'l~ ,~ l' ~""~l ...t -I-.'Q[o...~. , .. ~1..P~ ~ ,fi.., ~':\'''.''':'' -...." r':>o,....<;!.... 1'" \: ""a~...;'~ ~.. .It,..Y-/ ~ ,''ft'b~fY4 ......t......iI~~. ...-r ,.~~~>.'~!tl:.:AN.1~~.:....:-~ "li !\!\\'\,,~.......- ," 4'~~~~.:'!l"':~ i' .flqod454~AGE 895 ;ON Pennsylvania CONSECO FINANCE SERVIC'NG CORP. 7)605 Kyrene RoaQl\.ct 91 Notice T~mpe, Arizcmll R3'~8)-4J83 888-)'S.873) ~.. CONSECQ, STANLEY RJCHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 ACT 91 NOTICE TAKE ACTION . . TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TIDS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO ,"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA. E)(HIBIT "8,j ."., ~'" CONSECQ, CONSECO FINANCE SERVICING CORP, 73l'io 5 Kvrene Rmld Tempe. A~izum\ 8'5l83''''5~3 888'.11;,8;)) Date: 6/27/00 TO: STANLEY RICHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 2656 2850 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS,PA 17324 FROM: Conseco Finance Consumer Discount Company YOU MAYBE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: -..-IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ----IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ..-- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE.... Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TIlE NEXT (30) DA YI>. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMl3R CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which th~ property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise yourlenderimmediately 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 infomation 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 Emergimcy 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 ofthis 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. Y Qur 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 TIlE OTHER TIME PERiODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME lMMEDIA TEL Y AND YOUR. APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ,,- . , ~ .J "-':~"u!':,,! ~. CONSECO. CONSECO FINANCE SERVICING CORP. 7160 S Krrene R".d Tempe, Arizona 8;>8,'458, '1 bl fu ds SHH.- L,.N-., AGENCY ACTION .... AVa! a e n tar erllergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, TIlE FOLLOWING PART OF THIS NOTICE IS FOR lNFORMA TION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT .THE DEBT. (If you have filed banlauptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEFAULT --- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:4/23fOO. $889.79,5/23/00.$865.79, 6/23fOO.$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.27. B. YOU HAVE FAlLED TO TAKE THE FOLLOWING ACTION (Donat Use ifnot applicable): HOW TO CURE THE DEFAULT .... You may cure the default within THIRTY (30) DAYS ofthe date of this notice BY PA YlNG THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So Kvrene Rd. Temoe. AZ 85253 (do not send cash). You can oure any other default by taking the following action within THIRTY (30) DAYS ofthe date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ..-. If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. 'lffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to ipstruct its attorneys to start legal action to foreclose upon your mortgaged propeity. . 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 attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be adeled to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .... The lender may also SUe you personally for the unpaid principal balance and all other sums due under the mortgage. ~ ,>"~ ,-, -, ,~"~"*~ ,.G'; ~.. CONSECO" CONSECO FINANCE SERVICING CORP. ';' ;60 S Kyrene Road Te.mpe} A~il.on;l HSJ.8,;-+5S3 888-3 I 5~8733 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ----If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that suoh a Sheriffs Sale ofthe mortgaged propert)' could be held would be approximately one month from the date ofthis 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 aut at any time exactly w~at the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Canseca 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 Sheriff's Sale will end your ownership ofthe mortgaged propert)' and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGIIT: .-.. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO IlORROW MONEY FROM ANOTHER LENDING INSTIWTION TO PAYOFF THIS DEBT. .-. TO HA VB 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 RIGIIT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . ---_ TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ---. TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File ='" - Pennsylvan a CONsaco Ftl'lANCE SaRVICING CORP. 7)60 S Kyrene Ro.<iAct 91 Noti e Tempe, ArizClna 8j.lS3~45HJ Sl;f8.) [j-8733 CASSIE RICHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 -"', -':';:;-l ~. CONSECO.< ACT 91 NOTICE T KEACTION TO SA VE YOUR OME FROM FORECLO URE June 27, 2000 This is an official notice that the mortgage on your home is in defa ,and the lender intends to foreclose. Specific information about the nature oflhe default is provided in the attached pa es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE P) 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 REDlT COilNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you w en you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling gencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania ousing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any qu stions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want t contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICION EN ADJUNTO ES DE SUMA IMPORTANClA, P S AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO E ESTA NOTlFICACION OBTENGA UNA TRADUCCION lNMEDlTAMENTB LLAMANDO ESTA AGENCI (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARmB PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROORAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA EL DERECHO A REDlMIR SU HIPOTBCA. -.J,.. ~,. CONSECO. CONSECO FINANCE SERVrCrNG CORP. 7.'~O S Kyrene ROl.ld Tempel Al'izom\ Mpfl.i-.HH:i 8RX-j I J-Hi 3.~ Date: 6/27/00 TO: CASSIE RICHWINE 337 OLD STATE ROAD GARDNERS,PA 17324 2656 2867 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 FROM: Conseeo 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 COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 PENNSYL VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE.... Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face.to-face" 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 DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ...-Ifyou meet with one of the consumer credit counseling agencies listed at the end of this Notice. the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to.face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homenwner'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 APPLICA TION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. .*'- h..,'- ~~ "~ '~-",~1 .~ ',-,; ~.. CONSECO, CONSECO FINANCE SERVICING CORP. 7.,60 5 K~'rcme Rn.ld Tempe, Ari7.0nil HjJ.R3~";'$li) AGENCY ACTION ---- Available funds fo~HeMe!-glj;;,by mortgage assistance are very limited. They will be disbursed by the Agency ~nder the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. }lOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING pART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MON'IHL Y MORTGAGB PAYMENTS for the following months and the following amounts are now past due:4/23/00- $889.79,5/23/00-$865.79,6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.27. B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not Use ifnotapplicable): HOW TO CURE THE DEFAULT ---- You may cure the default within TIflRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGB PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, csshier's check, certified check or money order made psyable and sent to: Conseco Finance, 7360 So Kvrene Rd. Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ----If you do not cure the default within THIRTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding palance oflhis 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 TIflRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortgaged property.. IF THE MORTGAGB IS FORECLOSED UPON ---- 1:he mortgaged property will be sold by the Sheriff to pay off the mortgage debt. lfthe lenderrefers 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 attomey's fees actually incurred up to $50.00. However, ifIegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lemler, which may also inClude other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attomey's fees. OTHER LENDER REMEDIES ---- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ... k~!' ,,/ , 1 ~~ ilIl UL , - 1'1lilr~'i\@I!~~,. ~.. CONSECO. CONSECO FINANCE SERVICING CORP. 71605 Kvrene ROtld Tempe, .-\~izonJ. s'.P83~45R3 888M3 t 5~S7.3) RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ....Ifyou hRve not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had neVer defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE .--. It is estimated that the earliest date that such a Sheriff's Sale ofthe mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date ofthe Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333.6000 Pax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE .--- You should realize that a Sheriff's Sale will end your ownership ofthe mortgaged property and your right to occupy it, If you continue to live in the property after the Sheriff's Sale, a lawsuitto 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 (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: '-" TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. .--. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ---. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) --.. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .-.- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File .. - .MmZ;! 'fT'>"~",",I'.I~~I<i!I"'~Ii;M@>;~lj~~iWl'ift;@i".,yM,'",~"ffi'1l;;'1.lji$il1l1~i%~ij~'''1til~_4lL~_~~~~ ~, z& !m 'VINV^lASNN3d :-i -i :"~ ~ ""r H 'i:1 m~~~~ 10. Hd oz Z 02 uN AlNnCJ <!'i !iJ8HnO ll.:liU3HS Ji[~ ,0 3~!;:/.:lO " )i.!l~,-';'Ji*~ljc~rr It'''~"-' ~."''-'~ j : ~&~ll' ~i<" . \ \ \' '-~d ~. 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283' v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 old State Road Gardners, PA 17324 411 "J, ~,.J... J~ T -~~~<\'!;"', \ Attorney for Plaintiff Cumberland County Court of Common Pleas :- TRUE copy FROM Ri:poRD IfI T88llmOOY wMreof. , tler6 untosetrny hinG _ttwl~sald~. ...at. '.~.'. ..'....1J... Th'Id ~P.~~ -, NumberOI-/{P'(e~('L 'T~ CIVIL ACTION/MORTGAGE FORECLOSURE 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 defenses or objections to the daimssetforth against you. Youarewamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VlSO Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas ex~puestas en las paginas siguientesr usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar lll1a comparenda escrita 0 en persona 0 con W1 abogado y entregar a la corte en forma escrita sus defensas 0 sus objedones a las demandas en contra de su persona. Sea avisado que si usted no se defienderla corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 nolificacion. Ademasr la corte puede decidir a favor del demandante y requiere que usted cumpla Call todas las provisiones de esta demanda. Vsted puede perder dinero 0 sus propiedades u otrcs derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. Sl NO TlENE ABOGADO 0 Sl NO TlENEEL DlNEROSUFICIENTE DEPAGAR TALSERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASlSTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 : -- ~-""""","lc;;;~\i~"'; 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Cumberland County Court of Common Pleas v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter .' - I.'" ~.~~:.!iljM~;,,'i described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subj ect to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 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, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 2/22/01 (Plus $25.92 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 8,709.12 $ 4,696.65 $ 1,920.46 $ 920.50 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $115,412.37 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be - " "~^~-- ... , ~; rr. '~lM~,--<-~~~Jjk_-<i collected in the event of a third party purchaser at Sheriff I 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.B. ~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 ffB. rf WHEREFORE, plaintiff demands Judgment against the Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property, ~~}!S~ Attorney for Plaintiff - '-'-". .;r-2M'i~t:,::; 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. ~4904 relating to unsworn falsification to authorities. ~1: Jkj~ TERRENCE J. MCCABE . " ._-~, ' iilii ' .-~ ~ , T~,\-4-<1' ." ...- :' ~()I t- ;~~:~::HI P. Zn:CLER HEGOF.O~H OF DEt,DS (""":'Ill '11\.1 ~f\\J!Hl'-f'1\ Co~iiiall!i bf Pl:illis,liaiilil $pote Above '.fhig Line For Recordlng nata '9B rlfl'l 21 Af'110 3lPEN-END MORTGAGE This Mortgage secures future advances 1, DATE AND PARTI8S. The date of thls Mortgage (Security IosU1ll!lent) is ....r::<;:r...~?.(...~~~~....,.....,....... and the parties, their addresses and tax identification numbers, if required, are as follows: " .' Applioation. t_ 9805081562 Lo~n ~ 6900980878 MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES . .,....... ) . o If chec~. .refer to the, attach.~d. A,d.<\e.1ldu!!,.)ncOlpomre4 herein, for additioJl!l! Mortgagors, meir s!gnatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive suite 118 Camp Hill, Pennsylvania 17011 , . . . . .. , . '). . ," --:.... ;I., CONVEYANCE~Fpr'good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (deijned below) and Mortgagor's peri'onnancc under mts S~urity Instrument, Mortgagor grants, bargains, conveys ahd moitgageslto l..eruler me follOwing described property: ............. ... ,., . See E-*h:Lbit::. A'~\ ," ,:--, ',. .1 '. t \ . ~.:..., The property is lOCated in .............Cwbevlantl...........,............................ at ..........................,..........,.......... , . _ ". Jcounty) .. ..~.. .......: ,: ...;.:~~t:.......'Of .......... ... n.... ....". ....~~~~.~.7.~, .... ,..... ..... ,""" o' ......J Pennsylvania . ;.?~.~.~......... 0... . (Addre") (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas lights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacetllents that may now, or at any time in dIe future, be part of the real estate described above (~l referred to as 'Property'). 3. MAXIMlJM OBLIfj~ :IR16 LffiJIT. The total principal amount secured by thls Security InsU1ll!lent at anyone time shall not exceed $ ..,..............~.......:.......................... , This limitation of amount does not inclnde fnterest and other fees and charges validly made pursuant to thls Security Instrument. Also, this limitation does not apply to advances made under me terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this S~urity InstnUnent. , 4. SECURED DEBT AND FUTURE ADVANCES, The term "S~ured Debt' is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all melr extensions, renewals, modifications or substitutions. (When referencing the debts below It is suggested that you include Items such as borrowers' names, note ampUl/ts, interest rates, maturity dates, etc.) Note dated May 19, 1998, between Green Tree Consumer Discount Company and Stanley E Richwine, Cassie L Richwine, for $95,500,00, mi!'~.'~u. .J::.in.. May 2".3., ,..,.,..,,2.,..0. 2~3. ~2"'.',.~~ 11~' '. '7 "@ ;'(''11, '. ti1 ",I P~NNsY~VANIA' MoRTSME INOrFOR FNMA. FHLMC. FHA OR VA USEI aooKl" . r . iili',,\ ". A:;("'1 f!. (,. tC1994S-onlc~(lSy*,ttu.fnc..St.C!IlUd.MN 11~eOo.3gNi!3411 FormA.!!.M'ra.PA '~l1g/94' ..' , ..r~<\W ~ $fe;~ I Form 10 #:L1U8.4 "-'-~', ''';'-~,;.-'' ",,' '. ' ;;1 ,',~lh,\iiI'i II"'" - '. .. - '-\!W~:;~ " . .' B. All future advances from Lender 10 Mortgagor or olher future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instmment whether or not this Security Instrument is specifically referenced, If more lhan one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obIigatiom that are given to or incurred by BIlY one or more Mortgagor, or anyone or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the dale of this Security Instrument. Nothing in this Security Instnunent shall COJIStitute a commitment to make additional or future loans or advances in any amount, Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by laW, including, but not limited to, liabilities for overdrafts relating to any depob.;t account agreement betWeen Mortgagor and Lender. . D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the 'Property and i~ value and '!.ny olher sums advanced and expenses incurred by Lel1der under the terms oflhis Security Instrument. This Security Instrument will not set.'Ure any other debt if Lender fails to give any required notice of the right pf rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. W ARllANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfiIlly seized of the estate conveyed by this SecuritY Instrumenl and has the right to grant, bargain, convey, sell, and mortsage the Property. Mortgagor also warrants that the Jiroperty is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trost, =urity agreement or oilier lien document that crested a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perfonn or comply with all covenants, B. To promptly deltver to Lender any notices that Mortgagor 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 consenc. 8. CLAIMS AGAINST TITLE. Morrgagor will pay all taxes, assessments, HeM, encwnbrances, lease paymen~, ground rents, 'utilities,.and.othercharges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies ofal! notices that such amounts ate due and the receipts evidencing Mortgagor's paYment. Mortgagor will defend title to the Property against any claims that would impair the lien of lhis Security 1nstrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. . . 9. DUE ON SALE OR ENCU'MJIRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable Upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. 'Ibis right is subject 10 the restrictions imposed by federal law (12 C.F.R. 591). as applicable. This coveoant shaH run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument Is released, 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION, Mortgagor will keep the Property in good condition and make all repairs that are reasonabiy necessary. Mortgagor shall not cOlll1llit or allow any waste, impairment, or deterioration of the Property. Mnrtgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will nOl substantially ehange wirhout Lender's prior wrillen coosent. Mortgagor will not permit any change in any license, restrictive covenant or easement wilhout Lender's prior written coment. Mortgagor will notify Lender of all demands, proceedings, claims and actions agaiost Mortgagor, and of any loss or damage 10 the Property. r:J 1994 !lankold S'Iltam1j 'nc., St. Cloud, MN I ~.lloO-397.~j-4 \1 Fqrm RE-MrO-PA 1 ;U19/a4 .ao(fk.1454FAG~ 890 ~ (P.gQ~tr., _",_, III,i~'~- ~~"" - ~ ~ " - -''''';'~',J. '. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the pw:pose of inspecting the ~rope~y, Lender.sbaJI ~ive Mortgagor notice at the time. of or before an inspection specifying a ~nable purpose for the inspectIon. Any Inspection of the Property shall be entIrely for Lender's benefit and Mortgagor Wlll in no way rely on Lender's iJ1Spection. 11. AUTHORITY TO PERFORM, If Mortgagor fails to perform any duty or any of the covenants conlalne4 in this Security Instrument, Lender may, without notice, perfonn or cause them to be performed, Mortgagor appoints Lender as attorney in fact 10 sign Mortgagor's name or pay any amount necessal:}' for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure 10 perform will not preclude Lender from exercising any of Lender's other rights under the taw or this Security Instrument. [fany construction on the Property is discontlnued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completlon of the construction. . - 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the righI, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as 'Leases') and rents, issues and profits (all referred to as 'Rents'), Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mort.gagor may collect, receive, enjoy and use the Renls so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remaln effective untillhe Obligations are satisfied. Mortgagor agrees that Lender Is entitled to notify Mortgagor or Mortgagor's teIlADlS to make payments of Rents due or to ber;:ome due directly to Lender after such recordIng, however Lender agrees not to notify Mortgagor's teIlAnts until Morrgag()r defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's lenants pay all Rents due or to become due directly 10 Lender, On receiving nodce of default, Mortgagor will endorse and deliver to Lender any payment oOl.ents in Mortgagor's possession and will receive any Rents in trUst for Lender and wili not r;:ommingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor wauants that no default edsts under the Leases or any applicable landlord/tenant law, Mortgagor also agrees 10 maintain and require any t~nant to comply with the lerms of the Leases and applicable law. 13, LEASEIl:OLDS; CONDOMJNlUMS; PLANNED UNlT DEVELOPMENTS, Mortgagor agrees 10 comply with the provisiolll; of any lease if this SecuritY InstIUlllent is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-iaws, or regulations of the condominium or plarmed unit development. 14. DEFAULT, Mortgagor will be in default if any p,arty obligated on the Secured Debt fa.il~ to J;!!ak<: payment when due. Mortgagor will be in default if a breacb occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligate4 on the Secured Debt or that the prospect of any payment or the value of the Propetty is Impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. lnsmne instances, federal and state I~w will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time sche4ules for foreclosure actions. Subject to these limitations, if any. Lender llIay accelerate the Secured nebt and foreclose this Security InstIUlllent in a manner provided by law if Mortgagor is in default. At the optlon of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime there-dfier. In addition, Lender shall be entitled to all tlte remedies provided by law, the terms of the Secured Debt, this Security Instrument and my relared documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. the acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or afier foreclosure proceedings are flied shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happellb' again. <' . .:s. '" () (Porn 3)"'111 C91IlliABMltcrsSy:llcm'.k1,....St.CIOUd'.MN lHOo-Ja1.:1-3411 FClrmRE.MTG.PA 12/19194 ',buo;:1454PAuE 891: ~ C~, - ~'" >..~'"'~-, ~~",.. '''_1i!W:'J:i-.' .' 16, EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS, Except when prohibited by law, Mort~agor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instnunent. Mortgagor wlll also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the bighest interest rate In effect as provided in the teans of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's righls and remedies under this Security Instrument. This amount may include, bue Is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released.. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (I) Environmental Law means, without limitation, the Comprehensive Envlronmelltal.Response, Compensation and Liability Act (CEReLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health,' safety, welfare, environment or a hazardous substance; and (2) Hazardous SUbstance means any toxic, radioactive or hazardous material, waste, pollntant or contaminant whicb has characteristics which render the substance dangerons or potentially dangerous to lbe public I!ealth, safety, welfare or environment. The .term includes, without limitation, any substances defined as "hazardous IIlaterial," 'toxic substances,' 'hazardous waste" or 'hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees lbat: A. Except as previously disclosed and acknowledged In writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property, 'I11is restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and mainleDllDCe of the Property. B. Except as previously disclosed and aCknowledged in writing to Lender, Mortgagor and every tenant bave been, are, and shall remain in full compliance with any applicable Environmental Law. C, Mortgagor shall irmnediately notify Lender if a release or threatened release of a Hazardous Substance occurs on. under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mongagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has re8SQn to belleve there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of :my Hazardous Substance or the violation of any Environmentsl Law, 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entitles to pll!chase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name. in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected wilh a condemmtion or other tsking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided In this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of mlst, security agreement or other lien document. 19, INSURANCE, Mortgagor shalt keep. Property insured against loss by fire, flood, theft and other hazards and risks reasonably associl!ted with the Property due to its tYPe and location. This insurance shall be maintained In the amounts and for the periods that Lender requires. The Insutallce carrier providing the Insurance shall be cbosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above. Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property According to the leans of this Security Insmlment. All insurance policies and renewals shal1 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 tetroination of the insurance. Lender sball have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give inunediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor, \01S94 Blln);o,.:SYJtlllTlll, lnG., St. CIQud. MN tl-00G-SIl7.:l:J411 ~ormliE-MTCi.PA 1211911]4 800<<1454,,"" 892 . . "".. . . ~ (P.g~}trz. ~ ~." ".~ -~"""-~~&" " '" Unless otherwise agreed in writing, all insurance proceeds sball be applied to the restoration or repair of the Property or to ~Ie Secured Debt, whelher or not lhen due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor cbange the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to lhe Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20, ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow, 21. FlNANCIAL REPORTS AND ADDITZONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statemeDt or infonnatioD Leuder may deem reasonably necessary, Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's Iiell sla~ on the Property, 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND, All duties under this Seeurll.}' Instrument are joint and indivIdual, If Mortgagor signs this Securlty Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Propeny to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Se<:ured Debt, If this Security Instrument secures a guaranty between Lender and Mortgagor, M ongagor agxees to waive any rights that lllay prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligatton. These rights may incluae, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any pany to this Security Instrument may extend, modify or make any change In the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a chllllge will not release Mortgagor from thl: tl:J:!DS of this Security IllSlruml:nt. Thl: dudes and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Securlty Instrument is governed by thl: laws of the jutisdiction in which Lender is located, I:xcept to the extent otherwise required by the laws of the jurisdiction where the Property is located, This Security Insmunent is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement, Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective. unless that law expressly or impliedly permits the variations by written agreement. If any section of this Securlty Instrument cannot be enforced aCCOrding to its lenns, !hat section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever \!Sed, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument ate for convenience only and are not to be used to interpret or define the tenns of this Security Instrument. Time is of the essence in Ibis Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering.';! or. by mailing It by first class mail to the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS, Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. . .Bood454 PAGE .893 ~ f',{2lpajJ1Jg., Q "1;4 B&n~.rll S~ueml'. Irla.. SI. Clotld. MN 11.e:QO-'397~2::,411 Form RIH...lic;.P.... 121t9/94 - - -,---"~....-,-, - '"""" =i l-~ ~~ '. ~'"",""""'~~$_,,'i , . '. , 26, OTIIER TERMS, If checked, the following are applicable to this Security Instrument: D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured nebt may be reduced to a zero balance, this Security Instrument will remain in effect \lntil released. D Construction Loan, This Security Instrument secures an obligation incurred for the construction of an improvement on the Property, . D Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixrures related to the Properly. This Security Instrument suffices as a financing statement and any carbon. photographic or other reproduction may be filed of record for p\lrpDses of Article 9 of the Uniform Commercial Code. D Purchase Money. 'This Sectuity Instrument s=es advances by Lender used in whole or in pan to acquire the Property. Accordingly, this SeC\lrity Instrument. and the lien herelmder, is and shall be coustroed as a pnrchase money mortgage with all of the rights. priorities and benefits thereofllnder the laws of the COlDIQonwealth of PellllSylva.nia. D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and agreements of each of the riders checked below' are iucolporated'into and supplement and amend the tenns of this Security Instrument. [Check all ajlpIlcable boxes] o Condominium Rider D Planned Unit DevelopDlent Rider D Other .........,.....,......,..........................., D !ddltlonal Terms. SIGNATURES: By signing below. Mortgagor, intending to be legally bound hereby, agrees 10 the teons and covenarus contained in this Security Instrumenl and in any attachments, Mortgagor also acknowledges receipt of a copy of this Security Instrument on !: the date stated on page 1. . .... ...., ..~7..~.......,~:{,?-:.1,$ (SilInaturc) nley E Richwine (D.te) .......Q~.d.:....~..9.:.J~~( (Slgnatuto) Cassie L Richwine (Date) Citi;;,~~................,..... ACKNOWLEDGMENT: c... \ ~ COMMONWEALTH OF ....P~sy.l:V'ania.........,......., COUNTY OF ..,..,';'!)!;w;-.c.~........................} 55. <""''''"''' On this, the .....19th........... day of Ma;r..19.98................................ before me ...I;>:;l.~.'::7..\~~......, the \lndersigned officer, personally appeared .Stanle.y..E;.Richw:ine..Ca.ssi.e..L. Rlch<lline......................... ...........,.............u.......u.......uu...~...u............o......................J known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instl1llllem, and acknowledged that he/she executed the same for lbe p\lrposes therein contained, ...........,'...'..F.......................'n....'~........................ .aqoK1454PAGE 894 (P<Jf}rJ (jQ( 5J 01994 S-af1kcu Sy~tClTlII'. 1110.. 5[. CIlJUcf, MN tl.eOO-3a7~2:J4tl Fgrml\/!-MTG.-PA 1.2/19194 :hJ 1I1i1t1d,;II, m~ , . " .)0.- .~ ~. Exhibi t A Legal Description: ~ . "'~,~ '~ ~~~~,;.c, SRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON 'tOWNS/lIP, COMBERLAND COUNTY AND COMMONl'/EALTIl OT? PENNS'ilNANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1993 RECORDED 05/11/1998 APPEARING AMONG TilE LAND RBCORDS OF THE COUNTI' AND STATE: SET FORTH ABOVE: IN DEED BOOK VOLOME Q-36 PAGE 495 parcel 10: 03-38-2175-012 State of Penneylvanl8 } 88 County of Cumberland of Deeds Recorded In the offlca for the recordlnG sct end f~~erl.!!n!! County~'1 in lloo~~Vol._~ ~ ~~~isspi~ ~ Mod454~AGr.' 895 ~~ ----- --~-~-.-.,,~~_.- lIIlnI' '~Iio!Irlil1~ .~.-. . ' ~~..w-i'''_ Pennsylvania CONSECO FINANCE 5ERVIC!NG CORP. 73605 Kyren<Roa^ct 91 Notice T~n1pe, Arizema R5~83-45S3 888-.1 ';-8733 ~,. CON SEeo. STANLEY RlCHWJNE 337 OLD STATE ROAD GARNDEl\S, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation 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 BEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WlTHlN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Petsons with impaired hearing can call (717) 780-1869). This Notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counselin!); Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NIJMERO MENClONADO ARRIBA. PURDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO ."HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PURDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. e){ :~ "'~ . '-' .........1dIi/' IBIT "8'1 - - ,-~ " 1-~\; ~. CONSECQ, CONSECO FINANCE SERVICING CORP. 73~0 5 Kyrene Rmld Tempe, ArizunL\ Bj2.8.\"45li; 888-315-8733 Date: 6/27/00 TO: STANLEY RICHWJNE 337 OLD STATE ROAD GARNDERS, PA 17324 26562850 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 FROM: Conseco Finance Consumer Discount Company yOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE Acr 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 EEING ABLE TO PAY YOUR MORTGAGE PA YMBNTS, AND -.-. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORAR Y STAY OF FORECLOSURE ---. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage fat 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 oounseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PAAT OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDlT COUNSELING AGENCIES ---If you meet with one ofthe 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, addJ'esses and telephone numbers of designated consumer credit counseling agencies for the county in which th~ property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLlCA TION FOR MORTGAGE ASSISTANCE ---. Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthis 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 APPL1CATroN PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERlODS SET FORTH IN TillS LETTER, FORECLQSURE MAY PROCEED AGAINST YOUR HOME lMMED1A TEL Y AND YOUR APPLICATION POR MORTGAGE ASS1STANCE WILL BE DENIED. ,,"""'^.=~~~ M~ ~ , ~~,-~ -J_idl4'~;":; ~.. CONSECO. CONSECO FINANCE SERVICING CORP. 7)60 S Krrene Road Tempe) Arizonn 85.18,-458, . bl fu d ,IlHH"H.N", . . . AGENCY ACTION .... A vOIla ens ,or em,"gen~y mortgage asSIstance are very l1mted. 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 yeur ~pplieation. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF 'IWS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN A ITEMPT TO COLLECT ,THE DEBT. (If you have filed banlauptcy you can still apply for Emergenoy Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TIIE DEFAULT .-- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERIOUSLY IN DEF AUL T because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:4/23/00. $889.79,5/23/00.$865.79,6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AIvlOUNTS PAST DUE: $3822.27. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not Use ifnot applicable): HOW TO CURE THE DEFAULT .... You may cure the default within THIRTY (30) DAYS of the date oflhis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIIE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Consoeo Finance. 7360 So Kvrene Rd, T=e, AZ 85253 (do not send cash). You can cure ~ny other default by taking the following action within THIRTY (30) DAYS oflhe date oflhis letter: (Do not use ifnot applicahle.) IF YOU DO NOT CURE THE DEFAULT ..-. If you do not cure the default within THIRTY (30) DAYS of the date oflhis Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance oflhis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to i)1struct its attorneys to start legal action to foreclose upon your mortgaged propeity. . IF THE MORTGAGE IS FORECLOSED UPON -.. The mortgaged property will be sold by the Sherifflo pay off the mortgage debt. If the lendenerers your case to its attorneys, but you cure the delinquency before the lender begins legafproceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .-.. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. iOJ::i!'" ,~ ~ ~ ~ ~L'''''''''" ,j~HJ~ '="-~"""-"'"~J"N':; ~'" CONSECO" CONSECO FINANCE SERVICING CORP. 7360 5 Ky,ene Rnnd Tempe, Arizona Sp.83-4583 88S~3 15-H,.'3 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ---- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month from the date ofthis Notice. A notice of the actual date ofthe 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 wpat 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 Kytene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE ---- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE ---- You_ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: ---- TO SELL THE PROPERTY 'f0 OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY PROM ANOTHER LENDING INSTITIITION TO PAYOFF THIS DEBT. --.- TO HAVE TIllS DEFAULT CURED BY ANY THlRD PARTY ACTING ON YOUR BEHALF. ---- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IPNO DEPAULT HAD OCCURRED, IP YOU CURE THE DEP AULT, (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DBFAUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . -.-- TO ASSERT THE NONEXISrENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. -... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File ,'~,-.~ ^-. " ~ " ',~ , ~""-~"~~" ~ ~~,;, Pennsylvania CONseco FINANCE SeRVICING CORP. 7360 S Kyrene R".<:iAct 91 Notice Tempt', Arizcm.l Rj'lR','-45HJ 1HHI.;:Ilj'-Sn.i ~. CONSECO, CASSIE RlCHWlNE 337 OLD STATE ROAD GARDNERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature ofIhe default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (7i7) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTlNUAR VlYJENDO EN SU CASA. SI NO COMPRENDE EL CONTENJDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lNMEDlTAMENTE LLAMANDO ESTA AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUBDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUBDE SAL V A:R SU CASA DE LA PERDIDA DEL DERECHO A REDIMJR SU HlPOTECA. --~ -:.; = - , ---~~ "'""": :' "'i&Ill,,,~I.1>~\:':_'~ ~,. CONSECO. CONSECO FINANCE SERVICING CORP, 7.~6o 5 Krrene ROi.ld Tempe, Al'iWnl.l S5:!.N3.45H.~ HIHI." '5.Hi.3.l Date: 6n7/00 TO: CASSIE RICHWINE 337 OLD STATE ROAD GARDNERS,PA 17324 26S6 2861 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 11324 FROM: Conseco Finance Consumer Discount Company YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ----IF YOUR. DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR. CONTROL, ----IF YOU HAVE A REASONABLE FROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ---- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" 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 DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclcsed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .--- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation 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 ofthe designated consumer credit counseling agencies listed at the end ofthis 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. -'~ >-- '- , , . Jlil n,;-.;,"!w~q,;;,~; ';_u;;.;it'W'! ~" CONSECQ, CONSECO FINANCE SERVICING CORP. 7;605 Knc:ne ROlld Tempel Arizonl1 R.5~~)~45H.l AGENCY ACTION ---- Available funds Ro~Il,;.b'etg~l:~ mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR lNFORMA TION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 27324 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:4/23/00- $889.79,5/23/00-$865.79,6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.21. B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT ---- You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So l<vrene 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 of this lelter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT ----If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding palance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged properly, IF THE MORTGAGE IS FORECLOSED UPON ----rhe 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 $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also inClude other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES ---- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. '-- = . " >-~L'j~llil;-l~"iil0:c_ ~.. CONSECO. CONSECO FINANCE SERVICING CORP. ;:-,lia S Kyrenc Rmld Tempe, A~iZl)n;), 852.8.'-458; SSS-, I j-Snl RIGHT TO CURE TIlE DEFAULT PRIOR TO SHERIFF'S SALE ---- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to CUre the default and prevent the sale at any time up to one hour before the 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 perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ---- It is astimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date ofthe Sheriff's Sale will be sent to you before the Sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 6021333-6460 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 ocoupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE ...- You _ mayor _X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .--- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ..-. TO HA VB THIS DEFAULT CURED BY ANY mIlm 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 VB THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .--- TO ASSllRT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER mE 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. 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