HomeMy WebLinkAbout01-04162d
I
Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
Identification No.: 25694
Conseco Finance Corporation,
formerly known as Green Tree
Consumer Discount Company
7360 S. Kyrene Road
MSD Foreclosure Unit
Tempe, AZ 85283
Plaintiff
vs.
Tad E. Taylor
6111 Wall Street
Harrisburg, PA 17112
Teresa L. Taylor
6111 Wall St.
Harrisburg, PA 17112
Defendants
Term 77 ,
No. o/- 1414,e2. &XV
CIVIL ACTION: FORECLOSURE - COMPLAINT
N O T I C E
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 the Complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166 TIM19A&ROCIISS,1HEPURPOSE OF
WHICH IS TO C"??s ECT A DEBT AND ANY
INFORMATION OBTAINTED FRON1 YOU OR
ANYONE ELSE WELL BE USED TO TRAT ETTR.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
.I -i. ?.:.,...I ,.,_?.. .. I I
A V I S O
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE"
(SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166
1. Plaintiff is Conseco Finance Corporation, formerly known as
Green Tree Consumer Discount Company, with its principal offices at
7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85283.
2. Defendants are Tad E. Taylor and Teresa L. Taylor, with an
address as set forth above.
3. on January 26, 1999 Tad E. Taylor and Teresa L. Taylor
executed and delivered a Mortgage upon premises hereinafter
described to Green Tree Consumer Discount Company, now known as
Conseco Finance Corporation, which mortgage was recorded in the
Department of Record at CUMBERLAND County, Pennsylvania in Mortgage
Book 1515, at page 1131 on January 28, 1999.
4. This mortgage has not been assigned.
5. The premises subject to said Mortgage are known as
1125-1127 Centerville Road, Newville, PA 17241 and are more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference.
6, The Defendants are the record and real owners of the said
real estate subject to the Mortgage.
7. The said Mortgage is in default by reason of the fact that
the monthly installments of principal and interest as due on
December 1, 2000, and as due on the first day of each month
thereafter are still due and owing and have not been paid; and by
the terms of the said Mortgage, upon failure to make such payments
when due, the whole of the principal balance and all interest due
thereon, together with late charges and other recoverable sums and
attorney's fee are now due and payable forthwith.
TMS IS A HESS TE PITRPOSE 0'2
3 WEIICH I$ TO COLLECT A DEBT AND ANY
R*D 'E'TON OBTAIM r ROM YOU OR
ANYO WILL BE USED TO THAT END.
8. The monthly installment payment composed of principal and
interest due under the terms of said Mortgage and Mortgage Note for
each such month was ONE THOUSAND SEVENTY ONE DOLLARS AND 94 CENTS
($1,071.94).
9. The following amounts are therefore due and owing on said
Mortgage:
(a) Principal Debt
(b) Late Charges at $107.20 per month from
12/01/2000 to 06/20/2001.
(c) Interest from 11/01/2000 through 06/20/2001
at $34.53 per diem.
(d) Total Escrow Deficit to date.
(e) Reasonable Attorney's fees as in the above
stated amount reflect third party sale only. If
the Mortgagor reinstates the account, attorney's
fees will be reasonable based upon work
performed.
(f) Title Report
(g) Court Filing Charges
(h) Uncollected Late Charge(s)
(i) Escrow Credit
TOTAL AMOUNT DUE
$84,854.08
$750.40
$8,011.17
$7015.56
$4,242.70
$335.00
$45.50
$0.00
$0.00
$105,254.41
In addition, interest at the rate of $34.53 per day on the unpaid
principal balance will continue to accrue until the default is
resolved. Any payments which are allowable under the mortgage
document and are necessary to protect Plaintiff, relating to real
estate taxes owed or which become due on the mortgaged property
together with fire or homeowners insurance premiums necessary to
protect the Plaintiff, or any reasonable costs necessary to protect
4
.
the property from waste or vandalism shall also become due and
owing by Defendants to Plaintiff when expended by Plaintiff.
10. Pursuant to the provisions of Act 91 of the Pennsylvania
General Assembly the Combined Act 6/91 Notice was sent to the
Defendants by Certified Mail, Return Receipt Requested and by
regular First Class Mail. Attached hereto and made a part hereof
as Exhibit "B" is a true and correct copy of said Notices and same
are incorporated by reference herein as though fully set forth at
length.
WHEREFORE, Plaintiff prays judgment against Defendants in the
sum of $105,254.41 plus interest and late charges at the contract
rate to date of Judgment as set forth above and costs, both of suit
and as set forth above, and for foreclosure and sale of the
mortgaged premises.
DATED: June 20, 2001
Respectfully submitted,
Comroe Hing LLP
By,
David B. Comroe, Esquire
SupremeCourtI.D. 25694
Attorneys for Plaintiff
5
VERIFICATION
Ruth Hernandez for Plaintiff, having
express authorization to enter into this verification verifies the
foregoing Complaint in Mortgage Foreclosure and avers that the
statements of fact therein contained are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, and that same are true upon the
signer's personal knowledge or information and 4el?ef.
Ruth Hernandez, Foreclosure Manager
ALL THAT CERTAIN tract of land situate in the Township of Penn, County of Cumberland and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of a public road leading from Newville to Pine Grove at
corner of land now or formerly of Murray Nickle and Walker, of which this tract formerly was a
part; thence by the center of the said road North twenty-seven and one-fourth degrees West (N 27
1/4 degrees W), two hundred nine feet (209') to comer of lands now or formerly of Carl J.
Hippensteele and Keck; thence by land now or formerly of Keck, North eighty-four degrees East (N
84 degrees E), two hundred nine feet (209'), (incorrectly referred to in prior deeds as North eighty-
four degrees West (N 84 degrees W), two hundred nine feet (209') to lands now or formerly of
Nickle and Walker; thence by the said land now or formerly of Walker, South twenty-seven and one
fourth degrees East (S 27 114 degrees E), two hundred nine feet (209') to a point; by the same
South eighty-four degrees West (S 84 degrees W), two hundred nine feet (209') to the place of
beginning.
CONTAINING on acre more or less (1 +), together with two (2) trailer homes presently located on
the said premises.
Tax Parcel #31-32-2310-022 (Assessment for 1125 Centerville Road)
Tax Parcel #31-32-2310-022./02 (Assessment for 11.27 Centerville Road, Building Only)
m m
o my
3a 33
A 4? nD d O
'T T
b 6? 6m 0 N
7000 1670 0002 4804 6630
?I rte] j -i ? a "
6? u 9 n 33 h4j 1 u ?v 3a 4.4
W F-'?'4U m a? a? ?.
W ro: p $? na n o ?:
?°! w am
rt
(D
n
c
r
r
m
a
7000 1670 0002 4804 6623
LAW OFFICES
COMROE HING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103.3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. HING
ROBERT I. WILSON
BLAa KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
611 Wall Street
Harrisburg, PA 17112
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) mgybe able to help to
save your home. This Notice explains how the program works.
To see if HEMP 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 the Consumer Credit Counseling Agency serving your County
are listed at the end of this Notice. Ifyou 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.
T H 1 S IS A PROCESS TIIM PL=O' OSE C)=
W111CH IS TO COLLECT A DEIST AND ANY
INFORMATION OBTAINED FROM YOU OR
ANYONE ELSE WILL BE USED TO THAT END.
LA NOTIFICACION 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 PARAUNPRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUALPUEDE SALVAR SU CASALAPERDIDADELDERECHO AREDINM
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure onyourmortgage for thirty (30) days fromthe date ofthisNotice. During that time you must
arrange and attend a "face-to-face" meeting with one ofthe Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE 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 AGENCY--If you meet with dire of the Consumer credit
counseling agencies listed a the end of this notice, the lender mayNOT take action against you for thirty
(30) days after the date of this meeting. The names and addresses and tel?hone numbers of designated
Corsumer credit counseling agencies for the county in which the nronerty is located are set forth at the end
of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediat
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 ofyour 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 EmergencyMortgage 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 INTHIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCYACTION--Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a bankruptcy you can still
apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to datel.
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation DVa Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
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. If full payment ofthe total mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
ff
IF THE MORTGAGE IS FORECLOSED UPON-The mortgagedpropertvwill be soldbythe Sheri
to vay 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
attomey's fees that were actually incurred up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthev 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 yon personally forthe=aid Lnncipal balance
and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for prove only.
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 ma do so
by paving the total amount then asp t due, plus any late or other charges then due, reasonable attomev s fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified
in writing by the lender and byperforming _anyother requirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff s Sale
of the mortgaged property could be held would be approximately six (6) months from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the
amount needed to cure the default 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 Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number:
Fax Number:
Contact Person:
1-888-315-8733
N/A
Customer Service
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership ofthe
mortgaged property and your right to occupyit. Ifyou continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-- You _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF ADEFAULT 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
)"? (:? /t,
DAVID B. COMROE, ESQUIRE
CERTIFIED MAIURETURN RECEIPT REQUESTED
This is aprocess the purpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CUIILSEFtLAND COUNTY
CCCS of Western Pennsylvania, Inc.
.2000 Linglestoan Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street -
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
LAW OFFICES
COMROE BEING LLP
SUITE 1400
1700 MARKET STREET
PIULADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. RING
ROBERT I. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
1125-1127 Centerville Road
Newville, PA 17241
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) maybe able to help to
save Your home. This Notice explains how the program works.
To see if HEMP 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 ofthe Consumer Credit Counseling Agency serving your County
are listed at the end of this Notice. Ifyou 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.
THIS IS A PROCESS TIM P J'2QOSL OF
WHICH IS TO COLLECT A DEBT,04D ANY
INFORMATION OBTAINED FROM YOU OR
ANYONE ELSE WILL BE USED TO THAT END.
LA NOTIFICACION 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 UNPRESTAMO POREL
PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIlt
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: . 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU CONIPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date ofthis 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 the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. 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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender may NOT take action against you for thirty
(30)days afterthedate ofthismeeting.Thenamesandaddresses andtelgphonenumbers ofdesi designated
Consumer credit counseling agencies for the county in which the property is located are set forth at the end
ofthis notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set
forth later in this Notice (see followingpages for specific information about the nature ofyour 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 APPLICATION PROMPTLY. IF YOU FAIL 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.
AGENCY ACTION--Available funds foremergencymortgage assistance are very limited. Theywill be
disbursedbythe Agencyunderthe eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in everyrespect. The Pennsylvania Housing Finance Agencyhas
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you ifyou have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a bankruptcy you can still
apply for Emergency Mortgage Assistance.)
1.
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: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made eitherbycash,
cashier's check, certified check or money order made Favable and sent to:
Conseco Finance Servicing Corporation f/k/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT--Ifyou 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 willbe considered due immediately and you may
lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
ff
IFTHEMORTGAGEISFORECLOSED UPON-Themortgagedpro pmwillbesoldbytheSheri
to pay offthe mortgage debt If the lender refers your case to its attorneys, but you cure the delin uc? encv
beforethe lenderbegins lealnroceedingsagainstyou,youwillstillberequiredtopaythereasonable
attorneys fees thatwere actually incurred 0 to $50.00. However, if legal proceedings are started against
YOU, you will have to nay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attomev'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 neriod You will not be
required to pay attorney's fees.
OTHER LENDER REMEDIES--The lendermay also sue you uersonallyforthe=aid principal balance
and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge
in a Bankruptcy proceeding hi that circumstance suit will be for property only.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ---Ifyou have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri ght to
cure the default and prevent the sale at any time 0 to one hour before the Sheriff's Sale. You may do so
by pa nng the total amount then past due, lp us any late or other charges then due, reasonable attomey's fees
and costs onnected with the foreclosure sale and any other costs connected with the Sheriffs Sale s ecified
in writing by the lender andbyperfom7ing any other requirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff s Sale
of the mortgaged property could be held would be approximately six (6) months from the date of this
Notice. Anotice of the actual date ofthe Sheriffs Sale will be sent to you before the sale. Of course, the
amountn ededtocurethedefaultwillincreasethelongeryouwait.Youmayfmdoutatanytimeexactly
what the eauired payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number: 1-888-315-8733
Fax Number: N/A
Contact Person: Customer Service
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. Ifyou continue to live in the property after the Sheriffs
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 _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THENONEMSTENCE OF ADEFAULTIN 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQi
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
This is a process the purpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CUMBERLAND-OE)TTff
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102 .
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232.9757
FAX (717) 234.2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1516
FAX (717) 334-8326
?r? it54?1d?d0i[z^.?'.i '.'Md5'*'?SS1?3^.?Nf-55 5 .v:•:i?-: a.;..•_ ,
i--
J
L A
v? U Q
o'
°y ? i5l
f'? ra a
..? ???llll ? $_J
?k-
W
Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
Identification No.: 25694
Conseco Finance Corporation,
formerly known as Green Tree
Consumer Discount Company
7360 S. Kyrene Road
MSD Foreclosure Unit
Tempe, AZ 85283
Plaintiff
VS.
Tad E. Taylor
6111 Wall Street
Harrisburg, PA 17112
Teresa L. Taylor
6111 Wall St.
Harrisburg, PA 17112
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term ? -•
No. 0/- q142 etLLe r?
TRUE COPY FROM RECORD
to Testimony whereof, I here unto set my hana
and the seal of said at Carlisle. Pa.
Thl"F
"'. . - 41 4?4' twz- ?X-
ProthonotaR 0
CIVIL ACTION: FORECLOSURE - COMPLAINT
N O T I C E
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 the Complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166
TIII9ISA&'R?iC??.sS lc??ad x PJ ??Or
WMCH IS TO c:WLs ^OT,& YBBT AND ANY
INFORMATION OBTAii SL^l , Fiiim You OR
ANYONE ELSE WILL BE US ED TO TI?AT EN TL
A V I S 0
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PAPA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE"
(SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166
1. Plaintiff is Conseco Finance Corporation, formerly known as
Green Tree Consumer Discount Company, with its principal offices at
7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe AZ 85283.
2. Defendants are Tad E. Taylor and Teresa L. Taylor, with an
address as set forth above.
3. On January 26, 1999 Tad E. Taylor and Teresa L. Taylor
executed and delivered a Mortgage upon premises hereinafter
described to Green Tree Consumer Discount Company, now known as
Conseco Finance Corporation, which mortgage was recorded in the
Department of Record at CUMBERLAND County, Pennsylvania in Mortgage
Book 1515, at page 1131 on January 28, 1999.
4. This mortgage has not been assigned.
5. The premises subject to said Mortgage are known as
1125-1127 Centerville Road, Newville, PA 17241 and are more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference.
6, The Defendants are the record and real owners of the said
real estate subject to the Mortgage.
7. The said Mortgage is in default by reason of the fact that
the monthly installments of principal and interest as due on
December 1, 2000, and as due on the first day of each month
thereafter are still due and owing and have not been paid; and by
the terms of the said Mortgage, upon failure to make such payments
when due, the whole of the principal balance and all interest due
thereon, together with late charges and other recoverable sums and
attorney's fee are now due and payable forthwith.
THIS IS A PROC ESS -1 HE PURPOS 3 OP
3 WHICH IS TO CO1,I,ECT A DEBT AND ANY
INFORM TION OB'T'AINED FROM YOU OR
ANYONSk SE% WILL BE USED TO Uba END.
8. The monthly installment payment composed of principal and
interest due under the terms of said Mortgage and Mortgage Note for
each such month was ONE THOUSAND SEVENTY ONE DOLLARS AND 94 CENTS
($1,071.94).
9. The following amounts are therefore due and owing on said
Mortgage:
(a) Principal Debt
(b) Late Charges at $107.20 per month from
12/01/2000 to 06/20/2001.
(c) Interest from 11/01/2000 through 06/20/2001
at $34.53 per diem.
(d) Total Escrow Deficit to date.
(e) Reasonable Attorney's fees as in the above
stated amount reflect third party sale only. If
the Mortgagor reinstates the account, attorney's
fees will be reasonable based upon work
performed.
(f) Title Report
(g) Court Filing Charges
(h) Uncollected Late Charge(s)
(i) Escrow Credit
TOTAL AMOUNT DUE
$84,854.08
$750.40
$8,011.17
$7015.56
$4,242.70
$335.00
$45.50
$0.00
$0.00
$105,254.41
In addition, interest at the rate of $34.53 per day on the unpaid
principal balance will continue to accrue until the default is
resolved. Any payments which are allowable under the mortgage
document and are necessary to protect Plaintiff, relating to real
estate taxes owed or which become due on the mortgaged property
together with fire or homeowners insurance premiums necessary to
protect the Plaintiff, or any reasonable costs necessary to protect
4
the property from waste or vandalism shall also become due and
owing by Defendants to Plaintiff when expended by Plaintiff.
10. Pursuant to the provisions of Act 91 of the Pennsylvania
General Assembly the Combined Act 6/91 Notice was sent to the
Defendants by Certified Mail, Return Receipt Requested and by
regular First Class Mail. Attached hereto and made a part hereof
as Exhibit "B" is a true and correct copy of said Notices and same
are incorporated by reference herein as though fully set forth at
length.
WHEREFORE, Plaintiff prays judgment against Defendants in the
sum of $105,254.41 plus interest and late charges at the contract
rate to date of Judgment as set forth above and costs, both of suit
and as set forth above, and for foreclosure and sale of the
mortgaged premises.
DATED: June 20, 2001
Respectfully submitted,
Comroe Hing LLP
By:
David B. Comroe, Esquire
SupremeCourtI.D. 25694
Attorneys for Plaintiff
5
VERIFICATION
Ruth Hernandez for Plaintiff, having
express authorization to enter into this verification verifies the
foregoing Complaint in Mortgage Foreclosure and avers that the
statements of fact therein contained are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, and that same are true upon the
signer's personal knowledge or information and 4el?ef.
Ruth Hernandez, Foreclosure Manager
ALL THAT CERTAIN tract of land situate in the Township of Penn, County of Cumberland and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of a public road leading from Newville to Pine Grove at
corner of land now or formerly of Murray Nickle and Walker, of which this tract formerly was a
part; thence by the center of the said road North twenty-seven and one-fourth degrees West (N 27
1/4 degrees W), two hundred nine feet (209') to corner of lands now or formerly of Carl J.
Hippensteele and Keck; thence by land now or formerly of Keck, North eighty-four degrees East (N
84 degrees E), two hundred nine feet (209'), (incorrectly referred to in prior deeds as North eighty-
four degrees West (N 84 degrees W), two hundred nine feet (209') to lands now or formerly of
Nickle and Walker; thence by the said land now or formerly of Walker, South twenty-seven. and one
fourth degrees East (S 27 1/4 degrees E), two hundred nine feet (209') to a point; by the same
South eighty-four degrees West (S 84 degrees W), two hundred nine feet (209') to the place of
beginning.
CONTAINING on acre more or less (1+), together with two (2) trailer homes presently located on
the said premises.
Tax Parcel #31-32-2310-022 (Assessment for 1125 Centerville Road)
Tax Parcel #31-32-2310-022./02 (Assessment for 11.27 Centerville Road, Building Only)
LAW OFFICES
COMROE DING LLP
SUITE 1400
1700 MARKET STREET
PHR-ADELPHIA, PA 19103-3914
FAX (215) 568-0400
NUMBER (215) 568.5560
DAVID B. COMROE
GLENN F. HING
ROBERT I. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
611 Wall Street
Harrisburg, PA 17112
ACT 91 NOTICE. TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) maybe able to help to
save Your home. This Notice explains how the program works.
To see if HEMP can helpwou must MEET WITH A CONSUMER CREDIT COUNSELIN
G
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 the Consumer Credit Counseling Agency serving your Count
are listed at the end of this Notice. If You have my 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 rind a
lawyer.
THIS IS A PROCE3S THII PLI V!_ ASE O ANY
WHICH IS TO COLLECT A DEBT AND .
WORMATION OETARgED FROM Tf OU OR
ANYONE ELSE WILL BE USED TO THAT END.
LA NOTIFICACION EN AD7UNTO 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 PARAUNPRESTAMO POREL
PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DELDERECHO AREDRAIR
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY B ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOREMERGENCYMORTGAGE ASSISTANCE, YOU MUST BRINGYOUR
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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender mayNOT take action against you for thirty
(30) days after the date of this meeting. The names and addresses and telephone numbers ofdesignated
Consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediate
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 ofyour default.) If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of
the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed orpostmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergencymortgage assistance are verylimited. Theywillbe
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in every respect. 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 bepursued against you ifyouhave met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a bankruptcy you can still
apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to data.
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the defaultwithin THIRTY (30) DAYS of the date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made savable and sent to:
Conseco Finance Servicing Corporation f/k/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT--Ifyou 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 mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff
tray off the mortgage debt If the lender refers your case to its attomevs but you cure the delinquency
before the lender begins legal proceedings against vou, you will still be required to pay the reasonable
attomey'sfeesthatwereactually incurred 0to$5000 However, iiflegalproceedings are started against
you you will have to pay all reasonable attomev s fees actually incurred by the lender even if they exceed
$50.00. Any attomev'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 youpersonallyforthe unpaid principal balance
and other sums due under the mortgage. You can not be suedpersonally ifyou have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for property only.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ---Ifyou have not cured the default
wi hin 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
bypaying the total amount then past due. plus any late or other charges then due, reasonable attorne, s fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale spe it fled
in writing bythe lender and by performing any other requirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale.-
of the mortgaged property could beheld would be approximately six (6) months 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 anytime exactly
what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number: 1-888-315-8733
Fax Number: N/A
Contact Person: Customer Service
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership ofthe
mortgaged property and your right to occupy it. Ifyou continue to live in the property after the Sheriffs
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 _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OFADEFAULTIN 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQUIRE
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
This is a process the purpose ofwhich is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CCCS of Western Pennsylvania, Inc.
.2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street -
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
LAW OFFICES
COMROE HING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. RING
ROBERT]. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
1125-1127 Centerville Road
Newville, PA 17241
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) maybe able to hem to
save your home. This Notice explains how the program works.
To see if HEMP can helpyouu 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 the Consumer Credit Counseling Agency serving your County
are listed at the end of this Notice. If you have any guestions, 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.
THIS IS A PROCESS TIM PUP20SF. OF
WHICH IS TO COLLECT A DEBT AND AN V
INFORMATION OBTAINED FROM YOU OR
ANYONE ELSE WILL BE USED TO THAT END.
LA NOTIFICACION EN ADJUNTO ES DE SUMA MPORTANCIA, 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 "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LAPERDIDA DEL DERECHO AREDDA R
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road; Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation fWa Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT.OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRINGYOUR
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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end ofthis notice, the lender mayNOT take action against you for thirty
(30) days after the date of this meeting. The names and addresses and telephone numbers of designated
Consumer credit counseling agencies for the county in which the property is located are set forth at the end
ofthis notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately
of your intentions.
APPLICATION FOR MORTGAGE AS SISTANCE--Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature ofyour default.) If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of
the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the P ennsylvani a Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-Face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. Theywill be
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in every respect. The, Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a 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 yourproperty
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation flk/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT--Ifyou 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 mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
ff
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged propertywill be sold by the Sheri
tray 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 paythe reasonable
attome,/s fees that were actually incurred up to$5000 However, if legal proceedings are started against
vou, vou will have to nav all reasonable attorney's fees actually incurred by the lender even ifthey exceed
$50.00. Any attomev'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 other sums due under the mortgage. You cannot be sued personally if you have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for property only
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 ri ght to
cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so
by pang the total amount then past due, plus any late or other charges then due, reasonable attomev's fees
and costs connected with the foreclosure sale ands other costs connected with the Sheriffs Sale specified
in writing by the lender and byperforming any other requirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff s Sale
of the mortgaged property could be held would be approximately six (6) months from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time exactly
what the required payment or action will bed contacting the lender.
HOW TO CONTACT _TH_E_ LENDER:
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number:
Fax Number:
Contact Person:
1-888-315-8733
N/A
Customer Service
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. Ifyou continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUWTION OF MORTGAGE-- You _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOUDO 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQ
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
This is aprocess the puzpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
,. _ ._
4 ^. CUMBEALANDTO'fYRf
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1.767
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334.8326
M
Oil
BERME
Io?,H hz c 9 imp
MAO
Comroe Hing LLP
By: David B. Comroe
1608 Walnut Street, Suite 300
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
Green Tree Consumer Discount
Company
7360 S. Kyrene Road
MSD Foreclosure Unit
Tempe, AZ 85283
Plaintiff
VS.
Tad E. Taylor
1127 Centerville Rd.
Newville, PA 17241
Term
No. 01-4162
Defendants
............................................................
............................................................
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
You are hereby directed to Reinstate the Foreclosure
s
r
Complaint in the above captioned proceedings for service upon
Tad E. Taylor the Defendant(s) at 1127 Centerville Rd, Newville,
PA 17241 as follows:
DATED: October 15, 2003
Identification No.: 25694
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Comroe Hing LLP
BY:
D v' B. Comroe, Esquire
L
n
'
-TI
i;
F
s?:
?.
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04162 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CORPORATION
VS
YLOR TAD E ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TAYLOR TAD E
the
DEFENDANT
, at 1946:00 HOURS, on the 31st day of October , 2003
at 1127 CENTERVILLE ROAD
NEWVILLE, PA 17241
TAD E TAYLOR
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and subscribed to before
me this day of
/ W'UZiGdt(KC. .2,wJ A. D.
/?=kfJ,?OG
62
rtthhonotary
So Answers:
R. Thomas Kline
11/03/2003
COMROE HING
By: 1
Deputy Sheriff
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-04162 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CORPORATION
VS
TAYLOR TAD E ET AL
R. Thomas K1
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
TAYLOR TAD E
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On July 27th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin County 36.50
nn
i
So answejPi
R. Thomas Kline
Sheriff of Cumberland County
/J.JV
07/27/2001
COMROE HING
Sworn and subscribed to before me
this (e day of
.2-" A. D.
Prothonotary'
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-04162 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CORPORATION
VS
TAYLOR TAD E ET AL
Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
TAYLOR TERESA L
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On July 27th , 2001 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
07/27/2001
COMROE HING
Sworn and subscribed to before me
So answer .
R. homas Kline
Sheriff of Cumberland County
this day of
aor?! A. D.
Prothonot rye
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2001-04162 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CORPORATION
VS
TAYLOR TAD E ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
TENANT but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT , TENANT
TAD TAYLOR FILED BANKRUPTCY. HE IS THE
NOT SERVED , as to
OCCUPANT OF 1127 CENTERVILLE RD.
Sheriff's Costs: So ans s:
Docketing 6.00
Service .00
Affidavit .00 R.' THOMAS KLINE
Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY
00
16.00 COMROE HING
07/27/2001
Sworn and subscribed to before me
this /_In? day of
A. D.
PrdtKonotary
cp ff it e -Of tke 4erfff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania CONSECO FINANCE CORP FORMERLY KNOWN AS
vs
County of Dauphin TAYLOR TAD E
Sheriff's Return
No. 1914-T - - -2001
OTHER COUNTY NO. 01-4162
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for TAYLOR TAD E
the DEFENDANT named in the within COMPLAINT - MORTGAGE FORECLOSURE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, July 23, 2001
DEFENDANT'S NEW ADDRESS IS 1127 CENTERVILLE RD., NEWVILLE, PA 17241 IN
CUMBERLAND COUNTY.
Sworn and subscribed to
before me this 23RD day of JULY, 2001
PROTHONOTARY
So Answers,
lex° c__.
l?
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs: $36.50 PD 07/16/2001
RCPT NO 151944
(011tre Of t4f ,S rrif f
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania CONSECO FINANCE CORP FORMERLY KNOWN AS
vs
County of Dauphin TAYLOR TAD E
Sheriff's Return
No. 1914-T - - -2001
OTHER COUNTY NO. 01-4162
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for TAYLOR TERESA L
the DEFENDANT named in the within COMPLAINT - MORTGAGE FORECLOSURE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, July 23, 2001
DEFENDANT'S NEW ADDRESS IS 1127 CENTERVILLE RD., NEWVILLE, PA 17241 IN
CUMBERLAND COUNTY.
Sworn and subscribed to
before me this 23RD day of JULY, 2001
PROTHONOTARY
So Answers,
)( ezlh?
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's costs: $36.50 PD 07/16/2001
RCPT NO 151944
In The Court of Common Pleas of Cumberland County, Pennsylvania
Now, July 10, 2001
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauph-in
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
So answers,
Sheriff of
copy of the original
Sworn and subscribed before
me this - day of 20
20 , at o'clock M. served the
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Conseco Finance Corp. et al
VS.
Tad E. Taylor et al
SERVE: Tad E. Taylor No. 01 4162 civil
Now, July 10, 2001 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. ,-
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
20 , at o'clock M. served the
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this - day of 120
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
?OPM 81 ®JB7
0
United States Bankruptcy Court
ti7nD a District of P?NNBST.v®,3IA Voluntary Petition
NMM d de6ter Qf k1{IlvWuel, caper Loss. IRK Middle)
TAYLOR
TAD EUGENE of Joint Debtor (Spcuse)(Ioot Firµ Middle) .
,
All Omer Named u tl debtor in the leg a years TAYLOR, TERRI ANN
(Include married, m an
en, en nd trade name) 70
er NarnM aced M nro )dint dr In the fret $ yseu
N /A de
monted. sudden, and trade names)
Soadoe.yrax I.D. No. iS more man one, awe Uo Haa,SecdTea MAO . (n mote than one, state al{)
_ 209-40 0883 205-56-9440
Street Address of Dab r (No, and Smai City. State, and 7Jp Code)
1127 CENT ER
IL _ Street Address of Joint Debtor (No. and Strom, Coy, 9Ute, and Dp Cede)
V
LE ROAD
NEWVILLE
4
A 1 6111 WALL STREET
, P
72
1 HARRISBURG, PA 17112
PAndW Piece, of lustm¢: CUMBERLAND Count' of Fear of Suein ln the
Principal Haw of Bueee: DAUPHIN
Melling Address of Debtor NIA
In dlnotenl from e0est #ddrom> Melllrq Address of Joint Debtor N ?A
if different from street addmm)
locatlon of 9rincfpd eb of Buslneas Debtor
(1l different from eddreedee listed above)
a® -U da"
Information' Regarding the Debtor (Check the Applicable Boxes)
Venue (Check any applicable box)
QV Debtor has been domiciled or has had a maidence, principal place of business, or principal mesh In this District for 100 days immediately
preceding the d of this petition or for a longer pert of euah 1110 daye.man In any other Dlmncr.
? Them is a benlar cy ogee concerning debtors affiliate, general cannot. or parmemhip pending In this Dli lcl
Type of Debtor (Chock arlyappllaabia box) Chapter or Section of Bankruptcy Code Under Which
C
? Indlvlduid ? Corporation Publl* Held heck one beY)
the Petition Is Piled (
of Joint (Husband and Wlle) ? Corporsdon Not Publicly Hold ? Chapter 7 ? Chapter 11 (QrChap or 13
?parinershlP - ?Munlcl*lty ? Chopbrg ?Chapter 12
E) other D Hoc, 906. Case Ancillary to Porolgn Prociati
•
Nature of Debt (Check one bi filing fee ((hook one bm0
I
EV ConsumsrlNomBuclness ? Sullivan Filing lee attached -
ainail Business (Chapter 17 only)
? Debtor is e small b4ness as donned In U.S.C. 1101
t
aach
ty) Must
C) Filing too to be paid in Installments, (Applicable to Indlvl
ying
h
do
signed a pDSaadon for the courts wneidetWOn a.etdNing that the M6toe ie
I
be considered a smad business undof 11 U.S.C,
? Oebior Is and steam unable to pay be axcapt In InstallmonM, Auto 1000(6). Sea official Form No. a
{
11121(a) (Optione0 {, +
w
StanWcel/Adminlalra0ve Information ,fatin:ntae snip;
? Debtor satimaleo thall(undo will be available for distribution to nneaourad c,edilnm This Space Is for Court Uae Only
Debtor eadmaiea thatlI Met airy exempt property is eYNUded r•;d adml!1lattaava ax;wncac pond, there wilt be
m funds available lod distribution to unsecured creditors.
Eadmated Number of Cr sore
I
1.15 1S-ea - 60-go 106199 2o0-a09 1000rovar
Estimated Asset$ (Qhxk tone boa) z
0% I
Soto 350. 110 8100,001 10 $S00,OOt o 31,010100/ to
S101000.00110 350,000,001 to Mare than v
C
'.
950,D00 3100,000 SS00.W0 31 million $10 million $6O million $100 million $too million
? ? of ? ? C ? ? ?' ?T
?
Estimated Doom (Chock one boa)
"
'
000
001
M
th
0
1
000
,.
700,001 [a
W W 350,001 10 13100,W1 10 3600.001 i., $ ore
en
.
to $90,
,
W
310.
0
000 a?•? tit million 310 m9don
aSa.0dO 8/00 9S0 mASar 3100 million $100 million .?
.
C3 13 L) Q 13
C 1997 WEST GROUP
MAY 31 2001 15:3? 7177634247 PPGE.02
A
Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
Conseco Finance Corporation,
formerly known as Green Tree
Consumer Discount Company
7360 S. Kyrene Road
MSD Foreclosure Unit
Tempe, AZ 85283
Plaintiff
VS.
Tad E. Taylor
6111 Wall Street
Harrisburg, PA 17112
Teresa L. Taylor
6111 Wall St.
Harrisburg, PA 17112
Defendants
Identification No.: 25694
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 0/ - 4//G.2. CCL. 7;_1
TRUE COPY FROM RECORD
in Testimony wnereot, I here unto set my hano
and the sea! of said at Carlisle. Pa.
This day
prothonotary
CIVIL ACTION: FORECLOSURE - COMPLAINT
N O T I C E
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 the Complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166 THI31SAPRGCESSyREPURPOS' ®F
WHUGH IS TO C GITLECT A -DEB t AND ANY
MFORMATdON OBTAIN -?, FROA4 YOU OR
ANYONE ELSE WILL BE USBD TO THAT 2ND.
A V I S 0
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN E5TA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE"
(SERVICIO DE REFFRENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166
1. Plaintiff is Conseco Finance Corporation, formerly known as
Green Tree Consumer Discount Company, with its principal offices at
7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85283.
2. Defendants are Tad E. Taylor and Teresa L. Taylor, with an
address as set forth above.
3. On January 26, 1999 Tad E. Taylor and Teresa L. Taylor
executed and delivered a Mortgage upon premises hereinafter
described to Green -Tree Consumer Discount Company, now known as
Conseco Finance Corporation, which mortgage was recorded in the
Department of Record at CUMBERLAND County, Pennsylvania in Mortgage
Book 1515, at page 1131 on January 28, 1999.
4. This mortgage has not been assigned.
5. The premises subject to said Mortgage are known as
1125-1127 Centerville Road, Newville, PA 17241 and are more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference.
6. The Defendants are the record and real owners of the said
real estate subject to the Mortgage.
7. The said Mortgage is in default by reason of the fact that
the monthly installments of principal and interest as due on
December 1, 2000, and as due on the first day of each month
thereafter are still due and owing and have not been paid; and by
the terms of the said Mortgage, upon failure to make such payments
when due, the whole of the principal balance and all interest due
thereon, together with late charges and other recoverable sums and
attorney's fee are now due and payable forthwith.
THIS I5 A PROCESS 11 E PUP"SE OP
3 WHICH IS TO C011,ECT A DEBT AND ANY
INFOR,ETION OBTAINED FROM YOU OR
ANYOI?B:ELB WILL BE USED TO THAT END.
8. The monthly installment payment composed of principal and
interest due under the terms of said Mortgage and Mortgage Note for
each such month was ONE THOUSAND SEVENTY ONE DOLLARS AND 94 CENTS
($1,071.94).
9. The following amounts are therefore due and owing on said
Mortgage:
(a) Principal Debt
(b) Late Charges at $107.20 per month from
12/01/2000 to.06/20/2001.
(c) Interest from 11/01/2000 through 06/20/2001
at $34.53 per diem.
(d) Total Escrow Deficit to date.
(e) Reasonable Attorney's fees as in the above
stated amount reflect third party sale only. If
the Mortgagor reinstates the account, attorney's
fees will be reasonable based upon work
performed.
(f) Title Report
(g) Court Filing Charges
(h) Uncollected Late Charge(s)
(i) Escrow Credit
TOTAL AMOUNT DUE
$84,854.08
$750.40
$8,011.17
$7015.56
$4,242.70
$335.00
$45.50
$0.00
$0.00
$105,254.41
In addition, interest at the rate of $34.53 per day on the unpaid
principal balance will continue to accrue until the default is
resolved. Any payments which are allowable under the mortgage
document and are necessary to protect Plaintiff, relating to real
estate taxes owed or which become due on the mortgaged property
together with fire or homeowners insurance premiums necessary to
protect the Plaintiff, or any reasonable costs necessary to protect
4
the property from waste or vandalism shall also become due and
owing by Defendants to Plaintiff when expended by Plaintiff.
10. Pursuant to the provisions of Act 91 of the Pennsylvania
General Assembly the Combined Act 6/91 Notice was sent to the
Defendants by Certified Mail, Return Receipt Requested and by
regular First Class Mail. Attached hereto and made a part hereof
as Exhibit "B" is a true and correct copy of said Notices and same
are incorporated by reference herein as though fully set forth at
length.
WHEREFORE, Plaintiff prays judgment against Defendants in the
sum of $105,254.41 plus interest and late charges at the contract
rate to date of Judgment as set forth above and costs, both of suit
and as set forth above, and for foreclosure and sale of the
mortgaged premises.
DATED: June 20, 2001
Respectfully submitted,
Comroe Hing LLP
By:
David B. Comroe, Esquire
SupremeCourtI.D. 25694
Attorneys for Plaintiff.
5
VERIFICATION
Ruth Hernandez for Plaintiff, having
express authorization to enter into this verification verifies the
foregoing Complaint in Mortgage Foreclosure and avers that the
statements of fact therein contained are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, and that same are true upon the
signer's personal knowledge or information and ]?elief.
Ruth Hernandez, Foreclosure Manager
ALL THAT CERTAIN tract of land situate in the Township of Penn, County of Cumberland and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of a public road leading from Newville to Pine Grove at
corner of land now or formerly of Murray Nickle and Walker, of which this tract formerly was a
part; thence by the center of the said road North twenty-seven and one-fourth degrees West (N 27
1/4 degrees W), two hundred nine feet (209') to comer of lands now or formerly of Carl J.
Hippensteele and Keck; thence by land now or formerly of Keck, North eighty-four degrees East (N
84 degrees E), two hundred nine feet (209'), (incorrectly referred to in prior deeds as North eighty-
four degrees West (N 84 degrees W), two hundred nine feet (209') to lands now or formerly of
Nickle and Walker; thence by the said land now or formerly of Walker, South twenty-seven and one
fourth degrees East (S 27 1/4 degrees E), two hundred nine feet (209') to a point; by the same
South eighty-four degrees West (S 84 degrees W), two hundred nine feet (209') to the place of
beginning.
CONTAINING on acre more or less (1+), together with two (2) trailer homes presently located on
the said premises.
Tax Parcel #31-32-2310-022 (Assessment for 1125 Centerville Road)
Tax Parcel #31-32-2310-022./02 (Assessment for 11.27 Centerville Road, Building Only)
LAW OFFICES
COMROE HING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. HANG
ROBERT I. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
611 Wall Street
Harrisburg, PA 17112
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) maybe able to help to
save Your home. This Notice explains how the program works.
To see if HEMP can help. you must MEET WITH A CONSUMER CREDIT COUNSELIN
G
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 the Consumer Credit Counseling Agency serving vour County
are listed at the end of this Notice. Ifyou 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.
TMS IS A PROCESS THL PL?s + 05E 0=
WHICH IS TO COLLECT A DEBT ARID ANY
INFORMATION OETA_LviD FRONT YOU OR
ANYONE ELSE WILL rE USED TO TIMT END.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS 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 PARAUN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDEYHR
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU
DO OTAPPLYFOREMERGENCY MORTGAGE ASSISTANCE, YOUMUST 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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender may NOT take action against you forthirty
(30) days after the date of this meeting. The names and addresses and telephone numbers of designated
Consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediatelv
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 ofyour 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 Applicationwith 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 THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a bankruptcy you can still
apply for Emergency Mortgage Assistance.)
l.
HOW TO CURE YOUR MORTGAGE DEFAULTring it up to date
L
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on yourproperty
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN:
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THETHIRTYDAYPERIOD. Payments mustbemadeeitherbycash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation f/k/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT--Ifyou 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 paythe mortgage.in monthly installments. If fullpayment ofthe totalmountpast due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
ff
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged propertywill be soldby the Sheri
to nay off the mortgage debt If the lender refers your case to its attorneys but you cure the delinquency
before the lenderbegins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred W to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed
$50.00. Any attorneys 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) DAYReriod You will not be
required to pay attorney's fees.
OTHER LENDER REMEDIES--The lendermay also sue voupersonallyforthe unpaid principal balance
and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for property only.
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 attome3s fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale srecified
in writing by the lender and byperfomiing any other requirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff s Sale...
of the mortgagedproperty could be held would be approximately six (6) months from the date of this
Notice. A notice ofthe actual date of the 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.
HOW TO CONTACT THE LENDER:
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number: 1-888-315-8733
Fax Number: N/A
Contact Person: Customer Service
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership ofthe
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-- You _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAMEPOSITION 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 ADEFAULT 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQUIRE
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
This is a process the purpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CCCS of Western Pennsylvania, Inc.
.2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232.9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 76.2-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
LAW OFFICES
COMROE RING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. HIVG
ROBERT]. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
1125-1127 Centerville Road
Newville, PA 17241
ACT 91 NOTICE TAKE ACTION
TO SAVE YOUR HOME FROM
FORECLOSURE
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) maybe able to help to
save your home. This Notice explains how the program works.
To see if HEMP 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 the Consumer Credit Counseling_Agenc sngvour County
are listed at the end of this Notice. If You have any questions, you may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397. (Persons with impaired 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.
THIS IS A PROCESS T?iE i URPGSE O.F
WHICH IS TO COLLECT A DEBT AND AWT
INFORMATION OBTAINED FROM YOU OR
ANYONE ELSE WILL BE USED TO THAT END.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTES UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTANOTIFICACION OBTENGAUNA 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 "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LAPERDIDA DEL DERECHO AREDIIvIIR
SU HIPOTBCA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT.OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DONOTAPPLY FOREMERGENCY MORTGAGE ASSISTANCE, 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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender may NOT take action against you for thirty
(30)days afterthedate ofthis meeting. Thenamesandaddresses andtelgphonenumbers ofdesignated
Consumer credit counseling agencies for the county in which the Mop= is located are set forth at the end
ofthis notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor 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 ofyour default.) If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of
the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergeneymortgage assistance are verylimited. Theywill be
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in everyrespect. The Pennsylvania Housing Finance Agencyhas
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a bankruptcy you can still
apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date).
IYa3v:
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on yourproperty
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS ofthe date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either bvcash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation fWa Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
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. If full payment of the total mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon Your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged pIpperty will be sold by the Sheriff
to 12ay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinauencv
before the lender begins legal proceedingssagainst You, you will still be rgQ uired to pay the reasonable
attomey'sfees that were actually incurred 0to$5000 However, if legal proceedings are started against
you, you will have to pay all reasonable attomev's fees actually incurred by the lender even ifthev exceed
$50.00.6a attomev'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 lendermUalso sue voupersonally for the =aid pdacipal balance
and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for property only.
RIGHT TO CURE THE DEFAULT PRIORTO SHERIFF'S SALE ---Ifvou have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun you still have the ri ght to
cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so
bypaa, ?iinng the total amount then past due, plus any late or other charges then due, reasonable attorneys fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified
in writing by the lender and byperfoiming any otherMguirements under the mortgage. CURING YOUR
DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale
ofthe mortgaged property could be held would be approximately six (6) months from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at anytime exacta
what th required payment or action will be by contacting the lender.
HOW TO CONTACT_ THE LENDER:
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number: 1-888-315-8733
Fax Number: N/A
Contact Person: Customer Service
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff s Sale will end your ownership ofthe
mortgaged property and yourright to occupy it. Ifyou continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and otherbelongings could be startedbythe lender at
any time.
ASSUMPTION OF MORTGAGE-- You _ may or X may not (check one) - TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITIONAS IF NO DEFAULTHAD
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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQ
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
This is a process the purpose ofwhich is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234.5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17204
(717) 232.9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268 -,
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
6e ._i,.;$S?Wd?[sd8.af?,Ydi kemlt wd?4.Ya.?uw avz, ,:::!? ?!uae:]a. .•• ?aui?t?I43L3liYHCUYW?iai®lf5b!aU,Gais&t -,? -' ? •, 1.,••••?4"*A?c"'?PM •.,
F
Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
Conseco Finance Corporation,
formerly known as Green Tree
Consumer Discount Company
7360 S. Kyrene Road
MSD Foreclosure Unit
Tempe, A2 85283
Plaintiff
VS.
Tad E. Taylor
6111 Wall Street
Harrisburg, PA 17112
Teresa L. Taylor
6111 Wall St.
Harrisburg, PA 17112
Defendants
Identification No.: 25694
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
CIVIL ACTION: FORECLOSURE - COMPLAINT
..............................................................
N O T I C E
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 the Complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections.to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166 F
THI91S R1?FCtif'~:,:n.:'?r.ESSTaE sbTP.POS"
WWHIOH IS T61 f' J,, EC-T A :aEH T A2vI? ANY
INFORMATION OB'FARJEF".'"? FROM YOU OR
ANYONE ELSE WILL. BE USED TO THAT RNO-
A V I S 0
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE"
(SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Assoc.
2 Liberty Ave., Carlisle, PA 17013
(717) 249-3166
2
1. Plaintiff is Conseco Finance Corporation, formerly known as
Green Tree Consumer Discount Company, with its principal offices at
7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85283.
2. Defendants are Tad E. Taylor and Teresa L. Taylor, with an
address as set forth above.
3. On January 26, 1999 Tad E. Taylor and Teresa L. Taylor
executed and delivered a Mortgage upon premises hereinafter
described to Green •Tree Consumer Discount Company, now known as
Conseco Finance Corporation, which mortgage was recorded in the
Department of Record at CUMBERLAND County, Pennsylvania in Mortgage
Book 1515, at page 1131 on January 28, 1999.
4. This mortgage has not been assigned.
5. The premises subject to said Mortgage are known as
1125-1127 Centerville Road, Newville, PA 17241 and are more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference.
6, The Defendants are the record and real owners of the said
real estate subject to the Mortgage.
7, The said Mortgage is in default by reason of the fact that
the monthly installments of principal and interest as due on
December 1, 2000, and as due on the first day of each month
thereafter are still due and owing and have not been paid; and by
the terms of the said Mortgage, upon failure to make such payments
when due, the whole of the principal balance and all interest due
thereon, together with late charges and other recoverable sums and
attorney's fee are now due and payable forthwith.
3 WHICI-i IS To CO?.IECT A DEBT AND ANY
WOR MON OBTAINED FROM YOU OR.
ANYONBELSE WILL BE USED TO THAT END.
8. The monthly installment payment composed of principal and
interest due under the terms of said Mortgage and Mortgage Note for
each such month was ONE THOUSAND SEVENTY ONE DOLLARS AND 94 CENTS
($1,071.94).
9. The following amounts are therefore due and owing on said
Mortgage:
(a) Principal Debt
(b) Late Charges at $107.20 per month from
12/01/2000 to 06/20/2001.
(c) Interest from 11/01/2000 through 06/20/2001
at $34.53 per diem.
(d) Total Escrow Deficit to date.
(e) Reasonable Attorney's fees as in the above
stated amount reflect third party sale only. If
the Mortgagor reinstates the account, attorney's
fees will be reasonable based upon work
performed.
(f) Title Report
(g) Court Filing Charges
(h) Uncollected Late Charge(s).
(i) Escrow Credit
TOTAL AMOUNT DUE
$84,854.08
$750.40
$8,011.17
$7015.56
$4,242.70
$335.00
$45.50
$0.00
$0.00
$105,254.41
In addition, interest at the rate of $34.53 per day on the unpaid
principal balance will continue to accrue until the default is
resolved. Any payments which are allowable under the mortgage
document and are necessary to protect Plaintiff, relating to real
estate taxes owed or which become due on the mortgaged property
together with fire or homeowners insurance premiums necessary to
protect the Plaintiff, or any reasonable costs necessary to protect
4
the property from waste or vandalism shall also become due and
owing by Defendants to Plaintiff when expended by Plaintiff.
10. Pursuant to the provisions of Act 91 of the Pennsylvania
General Assembly the Combined Act 6/91 Notice was sent to the
Defendants by Certified Mail, Return Receipt Requested and by
regular First Class Mail. Attached hereto and made a part hereof
as Exhibit "B" is a true and correct copy of said Notices and same
are incorporated by reference herein as though fully set forth at
length.
WHEREFORE, Plaintiff prays judgment against Defendants in the
sum of $105,254.41 plus interest and late charges at the contract
rate to date of Judgment as set forth above and costs, both of suit
and as set forth above, and for foreclosure and sale of the
mortgaged premises.
DATED: June 20, 2001
Respectfully submitted,
Comroe Hing LLP
By:
David B. Comroe, Esquire
SupremeCourtI.D. 25694
Attorneys for Plaintiff.
5
VERIFICATION
Ruth Hernandez for Plaintiff, having
express authorization to enter into this verification verifies the
foregoing Complaint in Mortgage Foreclosure and avers that the
statements of fact therein contained are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, and that same are true upon the
signer's personal knowledge or information and I?eli?ef.
Ruth Hernandez, Foreclosure Manager
ALL THAT CERTAIN tract of land situate in the Township of Penn, County of Cumberland and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit;
BEGINNING at a point in the center of a public road leading from Newville to Pine Grove at
corner of land now or formerly of Murray Nickle and Walker, of which this tract formerly was a
part; thence by the center of the said road North twenty-seven and one-fourth degrees West (N 27
1/4 degrees W), two hundred nine feet (209') to corner of lands now or formerly of Carl J.
Hippensteele and Keck; thence by land now or formerly of Keck, North eighty-four degrees East (N
84 degrees E), two hundred nine feet (209'), (incorrectly referred to in prior deeds as North eighty-
four degrees West (N 84 degrees W), two hundred nine feet (209') to lands now or formerly of
Nickle and Walker; thence by the said land now or formerly of Walker, South twenty-seven and one
fourth degrees East (S 27 114 degrees E), two hundred nine feet (209') to a point; by the same
South eighty-four degrees West (S 84 degrees W), two hundred nine feet (209') to the place of
beginning.
CONTAINING on acre more or less (1+), together with two (2) trailer homes presently located on
the said premises.
Tax Parcel #31-32-2310-022 (Assessment for 1125 Centerville Road)
Tax Parcel #31-32-2310-022./02 (Assessment for 11.27 Centerville Road, Building Only)
LAW OFFICES
COMROE FIING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568-5560
DAVID B. COMROE
GLENN F. HING
To: Teresa L. Taylor
611 Wall Street
Harrisburg, PA 17112
ROBERT). WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
ACT 1 NOTICE A ACTION
T SAVE U HOME FROM
F CLOSURE
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) maybe able to help to
save Your home. This Notice explains how the program works
To see if HEMP 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 the Consumer Credit Counseling Agency serving your County
are listed at the end of this Notice. If You have any questions, You may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397. (Persons with impaired 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.
TIMES IS A PROCESS 1q.. k vxrPOS O
WHICH IS TO COLLECT A DEBT AND ANY
INFORMATION OBTA110-I) FROM YOU OR
ANYONE ELSE WILL BE USED TO T1-IAT END.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU
DERECHO A CONTINUAR VWIENDO 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 SERELEGIBLE PARAUN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CURL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at
the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE 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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender mayNOT take action against you for thirty
(30) days afterthe date of this meeting. The names and addresses and telephone numbers of designated
Consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediatel
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 ofyour 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, youmust
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 orpostmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergencymortgage assistance are verylimited. Theywill be
disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in every respect. The Pennsylvani a 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 ifyou have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a 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: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date
of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074.78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation f/k/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
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 paythe mortgage in monthly installments. If full payment ofthe totalmountpast due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but You cure the delinquency
before the lenderbegins legal proceedings against you, you will still be required to pay the reasonable
attornev's fees thatwere actually incurred up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attomev'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 (301 DAY period you will not be
required to pay attorney's fees.
OTHER LENDER REMEDIES--The lendermay also suevou personally for the =aid principal balance
and other sums due under the mortgage You can not be sued personally if you have obtained a discharge
in a Bankruptcy proceeding. In that circumstance suit will be for property only.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE ---Ifyou have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun you still have the ri ght to
cure the default and prevent the sale at any time up to one hour before the Sheri ff s Sale You may do so
by paying the total amount then past due, plus any late or other charges then due reasonable attomev's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified
MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED.
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff s Sale _
of the mortgagedproperty could beheld would be approximately six (6) months from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to You before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at anytime exactly
what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Creditor: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number:
Fax Number:
Contact Person:
1-888-315-8733
N/A
Customer Service
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 Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started bythe lender at
any time.
ASSUMPTION OF MORTGAGE-- You _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. COMROE, ESQUIRE
CERTIFIED MAIURETURN RECEIPT REQUESTED
This is a process the purpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CCCS of Western Pennsylvania, Inc.
2000 Linglestow Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm.of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
.(717) 232.9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authori ty
139-143 Carlisle St
Gettysburg, PA 17325
(717) 3341518
FAX (717) 334-8326
LAW OFFICES
COMROE RING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA, PA 19103-3914
(215) 568-0400
FAX NUMBER (215) 568.5560
DAVID B. COMROE
GLENN F. H W G
ROBERT J. WILSON
BLAIR KALISH ADLER
DATE: May 17, 2001
To: Teresa L. Taylor
1125-1127 Centerville Road
Newville, PA 17241
ACT 1 NOTICE TAK-E ACTION
T SAVE FOUR HOME FROM
Fu"I'C' EL, CLSU
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) maybe able to help to
save Your home. This Notice explains how the program works.
To see if HEMP 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 the Consumer Credit Counseling Agency serving your County
are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing
finance Agency toll free at 1-800-342-2397. (Persons with impaired 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.
THIS IS A PROCESS TIIE i UFtI=OSE OF
WHICH IS TO COLLECT A DEIST A11W ANY
INFORMATION OBTAINED FROM YOU OR
ANYONE ELSE PJII,L BE USED TO THAT END.
LA NOTIFICACION 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 "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDRvIIR
SU HIPOTECA.
HOMEOWNERS NAME(S): Teresa L. Taylor
PROPERTY ADDRESS: 1125-1127 Centerville Road, Newville, PA 17241
LOAN ACCT. NO.: 6902482485
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENT LENDER/SERVICER: Conseco Finance Servicing Corporation f/k/a Green
Tree Consumer Discount Company
HOMEOWNERS EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date ofthis 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 the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS AF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOUMUSTBRINGYOUR
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 AGENCY--If you meet with one of the Consumer credit
counseling agencies listed a the end of this notice, the lender mayNOT take action against you forthirty
(30) days after the date of this meeting. The names and addresses and telephone numbers of designated
Consumer credit counseling agencies forthe county in which the property is located are set forth atthe end
of is notice. It is onlynecessaryto schedule one face-to-face meeting. Advise your creditor immediatel
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 ofyour 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 APPLICATION PROMPTLY. IF YOU FAIL 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.
AGENCY ACTION--Available funds for emergency mortgage assistance are verylimited. Theywill be
disbursed bythe Agencyunderthe eligibility criteria established by the Act. It is extremely important that
your application is accurate and complete in everyrespect. The Pennsylvania Housing Finance Agencyhas
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure
proceedings will bepursued against you ifyou have met the time requirements set forth above. You will
be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed a 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 yourproperty
located at: 1125-1127 Centerville Road, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due:
Monthly Payments $ 6,431.64
December 1, 2000 through May 17, 2001
payments at $1,074.64 each
Late Charges $ 643.14
December 1, 2000 through May 17, 2001
payments at $107.19 each
TOTAL. AMOUNT PAST
$ 7,074.78
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN):
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS ofthe date
ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$7,074,78 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY DAY PERIOD. Payments mustbe made eitherby cash,
cashier's check, certified check or money order made payable and sent to:
Conseco Finance Servicing Corporation f/k/a Green Tree Consumer Discount Company
7360 S. Kyrene Road, Tempe, AZ 85283
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do
not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS
ofthe date ofthis 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. If full payment of the total mount past due is
not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action
to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged propertywill be sold bvthe Sheri
ff
to pay off the mortgage debt. Ifthe 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
attomey's fees that were actually incurred up to $ 50.00. However, if legal proceedings are started against
you, you will have to nay 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 other sums due under the mortgage You cannot be sued personally if you have obtained a discharge
in a Banlcruptcv proceeding. In that circumstance suit will be for nropertv only,
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured the default
within theTHIRTY (30)DAYpeeriodandforeclosure proceedin¢shave begun, you still have theri ghtto
cure the default and prevent the sale at anytime 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 attome?s fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified
in writing by the lender and byperforming _any other requirements under the mortgage. CURING YOUR
EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately six (6) montbs from the date of this
Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the
amount needed to cure the default 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 Creditor: Conseco Finance Servicing Corporation fWa Green
Tree Consumer Discount Company
Address: 7360 S. Kyrene Road, Tempe, AZ 85283
Phone Number:
Fax Number:
Contact Person:
1-888-315-8733
N/A
Customer Service
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 Sheriffs
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 _ may or X may not (check one) • TO SELL OR
TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT
THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITIONAS 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY IS ATTACHED HERETO
Very truly yours,
DAVID B. C'O OE, ESQ
CERTIFIED MAHJRETURN RECEIPT REQUESTED,
This is a process the purpose of which is to collect a debt and any information obtained from you or anyone
else will be used to that end.
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232.9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243.3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717)334.1518
FAX (717) 334-8326
1 .?V