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HomeMy WebLinkAbout01-04170~ t~. ;McCABE, WEISBERG AND CONWAY, P.C. SY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. Cumberland County f/k/a Green Tree Consumer Court of Common Pleas Discount Company , 7360 Kyrene Road , Tempe, AZ 85283 , v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 cell- ~l ~(~ ~ Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notce aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objectionsrotheclaimssetforth against you. You aze warned thatif you fail to do so.the case may proceed withoutyou and a judgment maybe 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 ro you. Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dins de plazo al partir de la fecha de la demanda y la notification. Hate falta asentaz una compazenda escrita o en persona o con un abogado y enttegaz a la torte en forma escxita sus defenses o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaza medidas y puede continuaz la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que vsted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otxos derechos importantes paza usted. 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 WI-IERE YOU CAN GET HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV ICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 r ' ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance f/k/a Green Discount Company 7360 Kyrene Road Tempe, AZ 85283 Servicing Corp. Tree Consumer v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number O/- y/7d 'Gu`;.f ~i-- CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter ~ ~ , described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be ~ ~ 9 collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE ;~ ~ , -~~ ~~~~ st.c(:0=.p_i? pi' OEi:pS ~-1 '`•Co'mma~~hpirf~PeuRSj1[VaTnfa I~t' . Y Space Above Tail l in" For ReMrd;gg Dgata t98 Plfl'~ 27. API 10 ~PEN'END MORTGAGE Apple°'~~ g 69009 ue~a Thts Mortgage secures future advances Ma 19, 998 .. ~ the 1. DATE AND PARTIES- The date of this Mortgage (Security lnstrumem) is ....... }r......„...1,.,..„.„...„...„-, parties, their addresses and taz idetuification tmmbers, if required, areas follows: MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES ^ !f checked. .refer to the- attached. Addemlutn_incorporrtet! he[ein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 -•' Catnp Hill, Pennsylvania 17011 a:• 2. CONVEYANCE. Fbrgood and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined Below) sad Mortgagor's performance under dtis Security Instrument, Mortgagor grants, bargains, conveys and mortgages~to Zender the following described property: 1 See E~Ylibif' A ~; ~ • The property is located in .............Cflmt9erland........................................ at ....-........................,.................. ...... .. (County) ' "`- Gardners 17324 ...;•;: ........................_.............-....................., ..........................Y......................., Pennsylvania ......................... ' (Addrela) (Cit) (ZiP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil sad gas righrs, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any rime in the furore, be part of the real estate described above (all refeired to as "Property"). 3. MAaQM[TM OBLI~~T~t~ L~4~I7'. The total principal amount secured by this Security Insuumem at say one tithe shat! not exceed $ .................'........-...........................This limitation of amoum does not include interest and other fees and charges validly made pursuant to this Security Iastnttnent. Also, this limitation does not apply to advances made under the terms of Wes Security InsKnunent to protect Lendt:r's security and to perform any of the covenants contained in this Security Instrianem. - 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under We tartar of all promissory note(s), contract(s), guaranty{s) or odter evidence of debt 3escribed below and all Weir extensions, renewals, modifications or substitutions. (When referencing the debu below it is suggested that you include items such as borrowers' names, note amounts, interest rarer, maturity dates, etc.) xote dated May 19, 1998, between Green Tree Consumer Discount Company and Stanley E i L ~`c ii~', for $95,500.00, maturing May 23, 2023. LV I - E OT FOR FN . FH C, FHA OR VA U8E1 g00K MM ~~ /p//5 /page I r r ®/9949ariken 9v~t"m+. nu, 9t. QInu4, MN It-90439]-23411 Form RE~MTGPA 14/19/94 ~ ~ I~VG ~~~ ~ • _ ~~~ Form ID #111184 ' ~:, , ,. • B. A!I future advances from Lender to Mortgagor or outer future obligations of Mortgagor ro Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrumem is specifically referenced. ]f more than one person signs dtis Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and tumre obligations that are given ro or incurred by any one or more Mortgagor, or any one or more Mortgagor anti others. All furore advances and other Curare obligations are secured by this Security Instrument even though all or part may not yet be advanced, All future advances and other future obligations are secured as if made on the date of this Security imtrumem. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amoum. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the exten[ tux prohibited by law, including, but trot limited ro, liabilities for overdrafts relating to any deposit account agreemem between Mor[gagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property artd its value and any other sums advanced and expenses incurred by Lender under the terms of this 5ewrity Instntment. This Security Instrument will not settitre any other debt if Lender fails ro give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments user the Secured Deb[ will be paid when due and in accordance with the terms of the Secured Debt and'this Security Insttuntetu. 6. WARRANTY OF TITLE. Mortgagor wartaots that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right ro grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regazd to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrces: A. To make ail payments when due and to perform or comply widr ail covenants. B, To prompdy deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any furure advances under any note or agreement secured by the lien document without Lender's prior written consent. g. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, etxtnttbrances, lease payments, ground rents, utilifies,. and odter charges relating to the Property when due. Lender may require Mortgagor ro provide ro Lender copies of all notices that such amounts aze due aml the receipts evidencigg Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security htstrumem. Mortgagor agrees ro assign to Lender, as requested by Lender, any righ[s, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declaze the entire balance of the Secured Debt [o be immediately due and payable upon the creation of, or rontract for the creation of, any lien, encumbrance, transfer or sale of [he Property. This right is subject to the restrictions imposed by fedl:ral law (12 C.F.R. 591), as applicable. This covenant sha1E tm with the Property and shall remain in effect until d[e Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mongagoc shall trot commit or allow any waste, impaimtem, or deoeriorazion of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that dte Harare of [hc occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claitas and actions against Mortgagor, and of any loss or damage to the Property. sao~ig54 tact, 8~ ~~ Aga^Z pf ~,f . ®1884 tlaNOVa $p,bT~~ Inc.. 84 C1oW. MN 11-80488]d39t1 Form f1rd/T0-PA 11/18/86 I.ettder or Lender's agents may, at Lender's option, enter the Property az any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the imyection. Any inspection of the Property shalt be tuuirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perfomt any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perfornt or cause them to be performed. Mongagor appoints Lender as attorney in fact to sign Mortgagor's tame or pay any amount necessary for perfomtarrce. Lender's right to perform for Mortgagor shall not creole an obligation to perform, and Lender's failure to perform will not preclude Leader from exercising any of Lender's other rights under the law or this Security Instrument. [f any construction on the Property is discontinued or rot carried on in a reasonable manner, Lender may take a[1 steps necessary m protect Lender's security interest in the Property, including completion of the construction. - 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bazgaiffi, conveys and mortgages m Leader as additional security all the right, title and ineerest in and to any and all existing or furore leases, subleases, and any other written of verbal agreemems for the use and occupancy of any portion of the Propery, including any extensions, renewals, modifications or substitutions of such agreemems (all referred to as "Leases") and rents, issues and profiu (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing attd future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is ant in default under the terms of this Security lnstrument. Mongagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effecfive as to third patties on the recording of this Security Instrument, and dlis assignmem will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entith:d to notify Mortgagor or Mortgagor's tenants to snake payments of Rents due or to become due direcdy to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mongagor defaulu and Lender notifies Mortgagor of the default and demands that Mortgagor and Mongagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession aml will receive a>ry Reins in trust for Lender and will sari commingle the Rents with any Oder funds. Any amounts collected will be applied as provided in this Security Imtrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain artd require any tenant to comply with the terms of dte Leases and applicable law. 13. LEASEHOLDS; CONDOMIlVIUMS; PLANNED UNIT DEVELOPMENTS. Mongagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned nmit developmem, Mortgagor will perform all of Mongagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit developmem. 14. DEFAULT. Mortgagor will 6e in default if any party obligated an the Secured Debt fails m make paymem when due. Mongagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the putpo~ of creating, securing or guarantying the Secured Debt. A good faith belief by bender that Lender az any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also consttute an event of default. I5. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender ro provide Mottgagor with notice of dte right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender tray accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mongagor is in default. At the option of Lender, all or any part of dte agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled m all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are disdnet, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sttm in payment or partial payment on the Secured Debr after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's riglu to require comptete cure of any existing default. Sy not extrcising any remedy on Mortgagor's default, Lender does not waive Lender's :right to later consider the event a default if it continues or happens again~~]` ®1381 B"nkss Spt"m", Inc.. St. ebul, MN IL60 03 9743 411 Ferro RE~MiGiq 12119/94 t °~ ~B ,~! gtwk1+~54PAfiE :~~ 16. EICPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees-to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Imtrtunent. Mattgagor will also pay on demand any amoam incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property aml Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest nee in effect as provided in the terms of the Secuml Debt. Mortgagor agrees to pay all vests and expenses intoned by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Irtstrutttent. This amount may include, but is not limited to, attorneys' fees, coon casts, and other legal expenses. 'this Security instntment shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIItONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Enyiramnental Response, Corupensation and Liability Act (CERCLA, 42 U.S.C. 9601 et segJ, and al[ other federal, state and local laws, regulations, ordinances, court orders, actomey general opinions ar interpretive letters concerning ehe public health, safety, welfare, enviromnem or a hazardous subsatce; and (2) Hazardous Substance means arty mxic, rad'toacdve or hazardous material, waste, po0uram or contaminant which has characteristics which render the substance dabgerous or potrntially dangerous m the public fiealrh, safety, welfare or environment. The term includes, without limitadon', any substances defined as "hazardous material," 'toxic substances," "hazardous waste" or "hazardous'substance" under any Environmental Law. Mortgagor represems, warrants and agrees that: A. Except as previously disclosed and acknawledg~ in writing to Lender, no Hazardous Substaax is or will be located, stored or released on or in the Property. This',restriedon does not apply to small quanrities of Hazardous Substances that are generally recognized to be appropriare for the nomul use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release of threatened release of a Hazardous Substance occurs on, under or about the Property or then is a violation of any Eaviromnental Law concerning the Property. In such an event, Mongagor shall take all necessary remedial action in accordance with any Environmental law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pettding or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to itttervene in Mortgagor's name, in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any pan of the Properly. Such proceeds shall be considered paymems and will be applied as provided in this Security Instrument. This assignment of proceeds is subjec¢ to the terms of any prior mortgage, deed of trust, security agnxment or ether lien documem. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and odter hazards and risks reasonably associaced with the Property due to its type and location. This insura~e shall be maimairted in the amounts and for the periods that Letuler requires. The insurance carrier providirtg the insurance shall be chosen by Mongagor subject to Letder's approval, which shaft not be ttnreasonably withheld. if Mortgagor fails to maintain the coverage described above, Lender may, at Lender s option, obtain coverage to protect Lender's rights in the Property accortling to the tetras of this Security lnstmment. All insuratce policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "foss payee clause.' Mortgagor shall immediately notify Lender of cancellation or rermimtion of the insurance, Lender shall have the right to hold rite policies and renewals. If Lender requires, Mortgagor shall immediately give w Lender all receipts of paid premiums and renewal notices. Upon loss, Mongagor shall give immediate notice to the insurance carrier and Lender. Leader may make proof of loss if not made immediately by Mongagor. 609K~4S4PAC~ .8~i _~•+C O tpag///ttt a f - ®1996 Benkan 9ysIDm9, Nc_ Sr.ObYE. MN t1-BOfF38r•234p form RE-MTG-PA /2/1Bl9d v.a[..~e~ ~~~- a •, ~ Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds ro principal shall not extend or postpone the due date of the scheduled payment nor change the amoum of any payment. Any excess will be paid ro the Mortgagor. If the Property is acquired by Caroler, Mortgagor's right to any insurance policies and proceeds resulting from damage ro the Property before the acquisition shall pass to Lender to dte extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES ANID INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor wrll not be required ro pay to Lender fonds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender tray deem reasonahly necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certificarions that Lender tray consider necessary to perfect, continue, and preserve Mortgagor's obiigadons under this Security Instrument and Lender's lien sgtus on the Property. 22. JOQ17' AND BHDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties undaz this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's imerest in the Property ro secure payment of the Secured Debt and Mor[gagor does not agree to be personally 1'table on the Secured Debt. if this Security Instnumem secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim agaiact Mortgagor or any party indebted under the obligation. There rights may include, but are not limited ro, any anti-deficiency or o~-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify ar make any change in the teens of this Security Instrumem or any evidence of debt without Mortgagor's consent, Such a change will not release Mortgagor from the terms of this Security hrsttumem. 7be dudes and benefits of this Severity Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender- 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the exten[ otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Aoy section iu this Security Instnmtent, attachments, or any agreemem related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according ro its terms, that section will be severed and will not affect the enforceability of dre remainder of this Security Instrument. Whenever used, dre singular shall include the plural and the plural the singulaz. The captions and headings of the sections of this Security Instrumem are for convenience only and are not ro be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or, by mailing it by first class mail ro the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed ro be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appralsement relating to the Property. ~aooKi454vasE X893 ~~,pe~ ®18Fe 9ar~km SV~ttms, le<.. Sl. Claud, MN I ~-80F38i-P94U Fern aE•M7G•FA t I/ t 9/96 ' ~ 4 , ; 26, OTHER TERMS. If checked, tbe following are applicable to this Security It3sWmem: ^ Line of Credit. The Secured Debt includes a revolving tine of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ^ Construction Loan. Ibis Security Instrument secures an obligation incurred for the construction of an improvement on the Property, ^ Fixtttre Fdiog. Mortgagor grants to Lender a security imerest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to dte Property. This Security Instrtment suffices as. a financing statement and any carbon, photographic or outer reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ^ Purchase Money. This Security lnstrument secures advances by Lender used in whole or in pan to acquire the Property. Accortlingly, this Security ]nstrumem, and the lien hereunder, is and shall be wnsWed as a purchase money mortgage with all of the rights, priorities and benefits thereof under dte laws of the Commonwealth of Petmsylvaaia. ^ NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ^ Riders. The covenants and agreements of each of the riders checked below are incorpotated`ituo and supplemeat and amend the temas of this Sanriry Ittstrttmem. [Check all applicable bones] ^ Condominium Rider ^ Planned Unit DeveIopmem Rider ^ Other .............................. ..................... ^ Addttional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrces to the temis and covenants contained in this Security Instrument and in any attachments. Mortgagor also acktrowledges receipt of a copy of this Security Iostntmem oD the date stated on page 1. (signaare) nley E Richwine ~aDB) ls'c"'"'re) Cassie L Richwine ~) /,/,,, ~ ~~~. Z/ .................. ~rn~a~~~~1....~... ~...................... ACKNOWLEDGMENT: COMMONWEALTH OP ....P.etutsylvania ................. COUNTY OF.C.?.,~.^^~^,9::'.Z....................} emdmm.u On this, the .....19#h........... day of May..1948 ............. ....., before me ~::~:-r.°.-t. ~~~.*.'~.~".~.. the undersigtted officer, petsoaatly appeared .StanLey..E.Eichueitle. Lassie.L.Blchvaine ......................... .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instmment, and acknowledged that helshe executed the same for the purposes therein contained. In witness whereof, I heretmto set my hand and official seal. .. Lon ve, N ..... .................................................. ~t=~~j•a erPy on Oau~pp inCouer~Ey `~ ~ • y- °:t4' ~ My Commission Expires Rprll 77, 2040 s ~~ ••' - ~ ',S .' ' ~' d, S 1iMe oP Olticer ~~ ~'• ~~ : , ~s` ~ ~~ ~ Green Tree Comumer Discount Compaay It~ the address of the Lender wttlua named is :................. _......................................................... •1 ~1, ~ ~ - r ve au£te 138, Camp Hill, penneylvanla 17011 604M 1~5~ PACf ~.~ ®199A BBVttti Sperms, MC.. SC Lloud. MN 1/~90G3BT-29411 Form PEiJITGPA 12/19/94 PQdgB 60A"~) ~ ~a ~ ! ._ Legal Description: 8xhibit A BRIEF LBGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMh10NWEALTH OP PENNSYLVANIA BEING MORB FULLY DESCRIBED IN DEED DATED DS(14/1998 RECORDED US/11/1498 APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH AHOVE IN DEED HOOK VOLUME Q-36 PAGE 495 Parcel ID: 68-38-2175-012 Stale Of Pennayfvaniet County of Cum6erlandt ~ Recorded in the office for the recording of Deeds ect. and ena County c~ ('~, ~n.oAl:~.~~.... ~-f IosnA.Alld~el et Off ~.~ ' aa~K1454racE 895 +. ~e; ~='.Atirt'Y5~ :, .. a:~vw5sWFpYMi!A~ ~ _.••. ~.........,. ' ~y'b"1N1~ dJ+a Y'«~xe..ain n vY ~.~~... ., _ r .~.. ~ /1 y 11 ~` ~. ~ ` ~ ~ \R~` f ~~ V\ ~~ ~\~vV, ~_ ~" r r mac: _{ -~: r~ ~Lr =- t r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE SERVICING CORP. CUMBERLAND COUNTY f/k/a GREEN TREE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY v. STANLEY E. RICHWINE . and CASSIE L. RICHWINE NUMBER 01-4170 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ~LL/v1R~(.Plt- ~ / CCU-G~-~ TERRENCE J. McCAB ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. Cumberland County f/k/a Green Tree - Consumer -_: _ Court- of Common-Pleas- Discount Company 7360 Kyrene Road . Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claimssetforth againstyou. You are warned that if you fail to do so the case may proceed withoutyou and a judgment maybe 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 TAI4; THLS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted en la torte. Si usted quiere defenderse de estas demazldas ex-puestas en las paginas siguientes, usted Eene veinte (20) dias de plazo al paztir de la ferha de la demanda y la notification. Hate falta asentaz una compazencia escrita o an persona o Conan abogadoy enlregar a la torte en forma escrita sus defensas o sus objeriones a las demandas en contra de su persona. Sea avisado que si asked no se defiende, la Corte tomaza medidas y puede continuaz la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidix a Favor del demandante y requiexe que usted cumpla con todas las provisioner de esta demanda Usted puede perder dinero o sus propiedades u otros derechos importantes paza asked. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINEROSUFICIENTE DEPAGARTALSERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717)249-3166 McCABE, WEISBERG AND CON[QAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010- - --- Conseco Finance f/k/a Green Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Servicing Corp. Tree Consumer Attorney for Plaintiff Cumberland County Court of Common Pleas Number Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered - _ a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Cox'porate Costs Penalty Cost of Suit Appraisal Fee Title Search GR1~ND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 S 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. -- __-_ ____9.____Notice__of_Intention to_Foreclose;as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION - - The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE ~! ,. , a~rq~.G~R 0"r DpE~~i:DS tCo'mmoa'waliEi bPtPCeasl~IVa7nfa ~, Space Abo4e 71iS Line FOr Recontiag Data 'gg ~fl~ 2~ flPl 10 ~PEN'END MORTGAGE Applieat~an q 690098 a~a This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instntment) is ..,May 19, 1998 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR; Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS SY THE SNTIRETISS r. ^ !f checked, _refer to tire, attached. Addendum_iacorporated herein, for additional Mortgagors, their signatures and acknowledgments. ' LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 .•' Catrip Hill, Pennsylvania 17011 Y~ ' a.~ 2. CONVEYANCE. For good and valuable consideratioa, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance tinder this Security Instrtmtent, Mortgagor gnats, bargains, conveys and mortg`aggs;to Lender the following described properly: See E52hibi.t' A .; ~ t The property is located in .............C~erland........................................ az ................................................ .... .. (County) , •a_. "'- Gardners 17324 ...,;;. .........., Pennsylvama ................... (Address) (City) (ZIP Coda) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, stmctures, fixtures, and replacements that may now, or at any time is the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIlI4UM OBLI~~T~(~ LIT. The total principal amount secured by this Security Instntment at any one time shall not exceed $ .....................................................This limitation of amount does not include interest and other fees and chazges validly matte pursuant to this Severity Instnunent. Also, tltis limitation does not apply to advatrces made under the terms of this Security Instrument to protect Lender's security and to perform any of dte covenants contained in this Security Itrstrtrment. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty{s) or other evidence of debt lescribed below and ail their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such rxr borrowers' names, Hate amounts, rnterest rates, maturity dates, etc.) Note dated May 19, 1998, between Green Tree Consumer Discount Company and Stanley E ~"-°~' i L ~c ii~ey, for $95,500.00, maturing May 23, 2023. s ;'drv"~ N LV I O E OT FOR FN . FH c, FHA OR VA VSEI Book14541'ACE ,889 ~~ tPage~ll ~f~1 ®1994 Benken S~yetem", ne., 9t. QI9U4. MN 11-90F99]43411 Form RE-MTCrPA tsn 9/94 Form ID #111184 B. All future advances from Lender to Mortgagor or other future obligations of Mottgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more dran one person signs this Security Insttttment, each Mortgagor agrees that this Security Instrument will secure all futwe advances and Future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. A1! future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be - advanced: All furure advances and other-future obligations are secured as if made on the date of this Security Lastmmem. Nothing in this Security Instrument shall constitme a commimtent to make additional or future loans or advances in any amount. Any such comminnent must be agreed to in a sepazate writing, C. All obligations Mortgagor owes to Lender, which may la[er arise, to the extent no[ prohibited by law, including, but not limited to, liabilities far overdrafts relating to any deposit account agreement between Mottgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the tetws of this Security Instnuent. This Security Instrument will not setwre any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrumem. 6. WARRANTY OF TITLE. Mortgagor wartams that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Lrstrument and has the right m grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regazd to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To nutke ail payments when due and to perform or comply with ail covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any furure advances under any note or agreement secured by the lien document wititout Lender's prior written consent. g. CLAIMS AGAINST TITLE. Mortgagor will pay atl taxes, assessments, liens, etcumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor m provide to Lender copies of a[l notices that such amoun[s are due and the receipts evidencing Mortgagor's payment, Mortgagor will defend title m the Property against any claims that would impair dte lien of this Security [nstmment. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor ar materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, [rartsfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F,R. 591), as applicable. This wvenant shat! run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs drat are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change widtout Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will ~dfy Leader of all demands, proceedings, claims and actions against Mottgagor, amd of any loss or damage to the Property. eoa~cI954Pacr, 890 ~.~]~ ~e9~f(¢~~ ®18B40ankan Syerom~~lnc.. 56 CIODU, MN fl~0a4387-23d11 Form RE~M11T0-PA 1$19194 `-~ • "~ Lender or Lender's agents may, at Lender's option, enter the Property at nay reasonable time for the purpose of inspecting [he Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument.-Lender may> without notice,-perform-or cause-them-to be-performed.-Mortgagor appoints Lender as attorney in fat[ to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failwe to perform will not preclude Lender from exercising any of Lender's other righu under the taw or this Security Instrument, IF any construction on the Property is discontinued or not carried on in a reasonable manner. Lender may take all s[eps necessary to protect Lender's security interest in the Property, including completion of the construction. IZ. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any otiter written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreemens (all referred to as "Leases") and teats, issues and profits (all referred to as "Rents"). Mortgagor will prompdy provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the temts of dtis Security Instrument. Mortgagor agrees that this assignment is itttmediately effective between the parties to [his Security Insumnen[ and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees drat Lender is entitled to notify Mortgagor or Mortgagor's tenants to make paymems of Rents due or to become due directly io Leader after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tettams pay all Reno due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust far Lender and will not wmmingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security ]nstrumeat. Mortgagor warrants drat no default exists under the Leases or any applicable landlord tenant law. Mortgagor also agrees to maintain and require any tenane to comply witit the tern s of the Leases and applicable law. 13. LEASEHOLDS, CONDOMINf(IMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. IF the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secwed Debt fails to make payment when due. Mortgagor wilt be in default if a breach occurs under the terms of this Security Ittstrttntent or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respec[ to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. I5. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to wre or outer notices and tray establish time schedules for foreclosure actions. Subject to these limitations, if any, lender may accelerate the Secwed Debt and foreclose this Security Instrument in a mower provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and chazges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, lender shalt be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct. cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. Sy not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to Inlet consider the event a default if it continues or happens again. t -®t88<Bu+tmf Sn~mn". Inc.. SF CbuU, MN tl•B00.]Br49tlt F",m RE•MTG~PA 11J19/94 'MOOk~~~PAGE ~Ylf ~•~~ ` ~e 'J~~ 16. E~ENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, lvfarlgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Letuler's security interest. These expenses wi116ear interest from the date of dte payment anti[ paid in full at the highest interest rate in effect as provided in the terms of the Secured Deb[. Mortgagor agrees to pay all costs and experues incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but isnot limited to; attorneys'- fees;-court costs;-and other legal expenses,-This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation-costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (!) Envirotunental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.),, and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means arty toxic, radioactive or hazardous material, waste, pollutant or contaminant which has chazacteristics which render die substance dangerous or potentially dangerous to the public health, safety, welfare or envirotmtent. The term includes,' without limitation, any substances defined as "hazardous material," "toxic substances," "hazazdous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as greviously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized [o be appropriate for the normal use and nudntettance of the Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environrnetual Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or aboat the Property or ¢here is a violation of any Environmental Law concerning dte Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D, Mortgagor shall immediately tmtify Lender in writing as soon as Mortgagor has reaaron to believe there is any pending or threatened investigation, claim, or proceeding relating m the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor wilt give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any awazd or claim for damages connected with a condemnation or odter taking of all or any pan of the Properly. Such proceeds shall be considered paymems and will be applied as provided in this Security Insttvment. This asssgtunent of proceeds is subject to the tetras of any prior mortgage, deed of trust, security agreemem or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, thefr and other hazazds and risks reasonably asrociated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurant.~e shat! be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Properly according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mongagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall haul: the right to hold dte policies and renewals. ]f Lender [equires, Mongagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mongagor shall give immediate notice to dte insurance carrier and Lender Lender may make proof of lass if not made immediately by Mongagor. p(~ 61111K~4S4PAGt; .pJ~ ~~ ~a9 ®1986 Banka,"syat"my Nc.. SC Claud, MN 11-80038)4361) Form RE-MTG-PA 12/7 Wea G ,~~, .. _ ~ Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to tite Secured Debt, whether or not then due, at Lender's option. Any application of proceeds ro principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage ro the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required m pay to Lender funds for taxes and insurance in escrow. 21: FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide ro Lender upon request, any financial statement or information Letuler tray deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or cerrifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lendei s lien status on the Properly. 22': JOQVT AND INDIVIDUAL L&1BILITY; COSIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instetunem are joint and individual, If Mortgagor signs this Security Instrument buc rises not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing auy action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any patty to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument oe any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The dudes and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. 17tis Security Instrument is governed by the laws of the jurisdiction in which Lender is locaced, except to the extent otherwise requ"ued by We laws of rite jurisdiction where the Property is located. This Security Instrument is complete anti fully integrated. This Security Instrument may not fie amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that taw expressly or impliedly permits the vaziations by written agreement. If any section of dtis Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instmment. Whenever used, the singulaz shall include the plural and the pluraD the singulaz. The captions and headings of the secaoas of this Security Instrument aze for convenience only and aze not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it of by mailing it 6y first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any outer address designated in writing, Notice to one mortgagor will be deemed ro be notice to all mortgagors. 25, WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. BOOIi~,Q.~A PAGE a$g~ ~ taa~ ®19Ba 9anka• SYaama. hc., 51. Cloud, MN p-806397-234U Ferm A&M76VA 1y19/96 ~j ~ 1 1 ., 2t5. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Insttttment will cemain in effect un61 released. ^ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ^ Fixture Filing. Mortgagor grants to Lander a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Pmperty. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ^ Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Acconliggly, this Security Instrument, aad the lien hereunder, is and shall be construed as a purchase money mortgage with ail of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISYONS FOR A VARIABLE INTEREST RATE. ^ Riders. The covetrdnts and agreements of each of the riders checked helovi are incorporated'into and supplement and amend the terms of this Severity Instrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Other ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrumem on the date stated on page 1. (signature) nley E Richwine mBLBI isixaamrel Cassie L Richwine fiats) 1 4 Witnassl ~! (wi ACKNOWLEDGMENT: ss. COMMONWEALTH OF ....13ennsyluania ................. COUNTY OF C~?^^~2?^~S?::~.~....................} ctmlam,.u On this, the .....1.9th........... day of Ma3r..19.48 ................. .before me ~:4: !:-~.`.'.-l..l~~.'.`~.~:':~......, the undersigned officer, personally appeared .StanLey..E.B.ichwine.C'oasis..L.Fichaxine ......................... .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same t'or the purposes dterein contained. In witness whereof, I hereunto set my hand and official seal. ,u, u,ul; .:: , ,...., y, ±~ .,:;., 1 ~ ~ n .~a,~`.`'~.~'Yf~~0.i~io ~ Notarial5eal ..... ......................................................... cA~ 4onne H Gro Note ubl ~ ~~ r Ct:,•c~c~a~••d• ~ li.. sU y +re~ ty P Ic ;, ~ ~, ~~`y s~~ ~, ~ owor Paxton Twp., Cauphin Cou~y y •bi~' _ y Commission ExpiresAprll 77, 20b0 ... ,~ t~~. ~ ."i~,'~ ~ ~ TNG Of OnieTc .r .•. ~f rasa rea Consumer Discount Company It~,'byke ~ ~~the address of the Lender widen named is :............................................................................ ;g00j. pt ~• v~ Suite 118, Camp Hill, Pennsylvania 17011 ...,...:5 ............ ........................................:.........................................................~.................,.............. ®1994 Bmkm Syafema, kw.. SC Lloutl. MN.IF90a-3BT43411 F4lm aE~MTGPA 72/t s/84 1i00N1~~P0.GE ~~ /page 6 of fit ~'~ Exhibit A Legal Description: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OP PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LRND -' --- RECORDS OF THE COUNTY-AND STATE SBT FORTH ABOVE IN DEED-BOOK VOLUME Q-36 FAGS_ 495 Parcel ID: 08-38-2175-012 Y State of Penneyfvania County of Cumberland ~$ Racarded in fhe office for the rewrdin9 ~ peeda in fioUk1454Pacf: 895 4h~_ - nu. ~~ i ~_~,-...... ,1 b....d: _,;.~+. .. v is', xv nht~3~ ~& - =~ u V..} C - -,i -.. ..,~ ~i~~.m., ~-!- -i-I G~' r~C, ~: `.:~C~ Z~ ~~in A C ~ .. c~ SHERIFF'S RETURN - NOT SERVED ~ '.,~ CASE NO: 2001-04170 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY 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: RICHWINE STANLEY E unable to locate Him in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED as to the wa.thin named DEFENDANT RICHWINE STANLEY E UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge So answe a%~~,-~'~ 18.00 11.70 .00 R THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 39.70 MCCABE WEISBERG & CONWAY 09/06/2001 Sworn and subscribed to before me this ~ day of ~,.,~,~ ~~ J A.D. P~onotary~~e.k~, ~~ SHERIFF'S RETURN - NOT SERVED M ~ r CASE NO: 2001-04170 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY 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: RICHWINE CASSIE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT RICHWINE CASSIE L TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge So answe 6.00 .00 - ~ .00 R. THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 MCCABE WEISBERG & CONWAY 09/06/2001 Sworn and subscribed to before me this l2 ~ day of „~,~ A.D. ~~ .- ~ Pro onotary { a McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CONSECO FINANCE SERVICING CORP. f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E and LASSIE L. RICHWINE RICHWINE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-4170 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCABE~, ESQUIRE Attorney for Plaintiff c , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. Cumberland County f/k/a Green Tree Consumer Court of Common Pleas Discount Company 7360 Kyrene Road , Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 r-~ r- Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE ~ AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take actlon within twenty (20) days after this complaint and notice are served, by entering a written appeazance personally or by attorney and filing in writing with the mart your defenses or objections to theclaimssetforthagainstyou. You arewamed that if you fail to do so the case may proceed without you and a judgment maybe 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 PIND OUT WHERE YOU CAN GBT HELP. Cumberland Comity Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 a r ; Le hen demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-pvestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al paztir de la fecha de la demands y la nolificadon. Hate fella asentaz una compazencia escrita o an persona o con vn abogadoy entregar a la torte en forma escxita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demands en contra says sin previo aviso o notification. Ademas, la torte puede decidn• a favor del demandante y requiere que usted cumpla con Codas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes paza usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENH ABOGADO O SI NO TIENE EL DINEROSUFICIENTE DE PAGARTALSERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Comity Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand .and the seal of said Co rt at Carlisle, . \~~ , MCCABE, WEISBERG AND CONWAY, P,C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Sroad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company , 7360 Kyrene Road , Tempe, AZ 85283 v. , Stanley E. Richwine , 337 Old State Road Gardners, PA 17324 , and , Lassie L. Richwine , 337 Old State Road , Gardners, PA 17324 , Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTIONIMORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Lassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter r described, and her last-known address is 337 old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be r collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose.as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff A VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the hest of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE ., , _. ~. Il.e•','0~ GAR O~i~GpEi_OS ':Comoronw'Ieal~tibP~Penox~l'vtaTafa-i~~"• Space Above Ibis Line For Recording Data ' 981~R~ 21 fl~l 10 .PEN-END MORTGAGE Applica ~ ~ $~ 69009806 9 This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security lasttvment) is ,,,May 19, 1498 and the " parties, their addresses and tax idtintification mtmbers, if required, areas follows: MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS HY THE ENTIRETIES t. ^ !f checked. .refer to rhe, attached, Addendurn,.incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ,•' Camp Hill, Pennsylvania 17011 _~; 2. CONVEYANCE. Fyr•good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and moitg`agestto'Lender the followittg described property: •, . See E$llibit' A .; ~ .~ "• • The property is located in .............Ctrmberland......................................., at ................................................ 1 •rra_ ~ (County) • •-• Gardners 17324 ...,1.. ......... Pettus lvama ......................... ............................................................. ......................................... Y ' (Address) (City) (2tP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structttres, fixtures, and replacements that may now, or at any time in the future, be part of dte real estate described above (all referred to as "Property "). 3. MAXIMUM O13LI~~T~I~ L~T, The total principal amount secured by this Security Instrumem at any one time shalt not exceed $ ................!...................................This limitation of amount does not include interest and other fees and chazges validly made pursuant to this Security Instrument. Also, this limitation does ant apply to advances made urxler the terms of this Security Instrument to protect Lendef's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the retms of all promissory note(s), contract(s), guazanty(s) or other evidence of debt desctibed below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below 1t is suggested that you include items such as borrowers' names, Hate amounts, interest rates, maturity dates, etc.) Note dated May 19, 1996, between Green Tree Consumer Discount Company and Stanley E ~,~~+ ~ ~ i• ~ e L~'t~'c ii~ey, for $95,500.00, maturing May 23, 2023. q°~ ~ • qC,~ p Qp(~ ;i ,~ N LV I O E OT fnR FN ' . FH c. FHA OR VA USEI gQQi(1454 PRCE /OVe7 ~' /Page 1 af~l o iitii"///l ~f ~• ®1994 eerken 9 rtmv,~ nc„ 5,, Clnud, MN 11-8GP997-2J411 Ferm PE-MTGPA 1$(19/94 Form ID #111184 ' ~, B. All future advances from I.cnder to Mongagor or other future obligations of Mortgagor to Lender under any pmtnissory note, contract, guazanty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security instrument whether or not this Security Instwnetu is specifically referenced. If more than one person signs this Security Instuument, each Mortgagor agrees that this Security Instrument wilt secure all future advances and future obligations that aze given ro or incurred by any one or more Mongagor, of any one or more Mortgagor and others. A11 future advances and other future obligations are secured by this Security Instrument even dtough all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commiment to make additional or future roans or advances in any amount, Any such commitment must be agreed to in a separate writing. C, All obligations Mortgagor owes to Lender, which may later arise, to the exten[ no[ prohibited by law, including, but not limited to, liabilities for overdrafts relating to any depos9t account agreement between Mottgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or odrerwise protecting the Pmperry and its value and any other sums advanced and expenses incurred by Lender under the temps of this Severity Instrument, - This Security Instrument will not seture any other debt if Lender fails to give any required notice of dte right of rescission. 5. PAYMENTS. Mortgagor agrees that all paymeots under the Secured Debt will be paid when due and is accordance with the terms of the Secured Debt and this Security Instrument, 6. WARttANTY OF TITLE. Mongagor warrants that Mortgagor is ar will be lawfully seized of the estate conveyed by this Security Instrtment and has the right ro grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Pioperty is unencumbered, except for encumbrances of record. PRIOR SECURITY INTERESTS. Wi[h regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbratce on We Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B, To promptly deliver to Lender any notices that Mortgagor receives from dte holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. g, CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities,. and odter charges relating to the Property when due. Lender tray require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. tviortgagor will defend title to the Property against nay claims that would impair dte lien of this Security instrument. Mortgagor agrees ro assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor ar materials to maintain or improve the Property, 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declaze the entire balance of the Secured Debt ro 6e immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transferor sale of the Properly, This right is subject to the restrictions imposed by federal law (12 C.F,R, 59l), as applicable. This wvenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Ptvperty free of noxious weeds and grasses. Mottgagor agrees that the nature of the occupancy and use Will not substantially change without Lender's prior written consent. Mortgagor will not pemtit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mottgagor, and of any loss or damage to the Property. 90lilt~,~$.~PAG~, 89O ~~ IPB9CZ~, ®1884 BeNcen SYabme, tnc., $t. e1auG. MN 11-BOC38]-33811 Fotm NE-MTO-CA 12I19i96 ®' Linder or Lender's agents may, at Lender's option, enter the Property a[ any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shah be entirely for Lender's benefit and Mortgagor will in no way rely on Lender'sinspecdon. 11. AUTHOR[TY TO PERFORM. If Mortgagor fails to perfomt any duty or any of the covenants rnntaitted in this Sewdty Instrument, Lender may, without notice, perform or cause them to be performed, Mongagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any consWCdon on the Property is discontinued or not carried on in a reasonable mamter, Lender may take all steps necessary m protect Lender's security interest in the Propeny, including completion of the constmcdon. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mottgages to Leader as additional security all dre right, title and imerest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications ar substitutions of such egreemems (all referred to as "Leases") and rears, issues and profits (all referred to as "Rents"}. Mortgagor will promptly provide Lender with true and correct copies of ail existing and future Leases. Mongagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security lttstrument. Mortgagor agrees that this assignment is immediately effective between the parties to [his Security Instrument and effective as to third parties om the recording of this Security Instrument, and obis assigrunent will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mongagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mongagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mongagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of drfaul[, Mongagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in tilts Security ]nstrument. Mortgagor warrants that no default exists ender dre Leases or any applicable landlord/tettant law. Mongagor also agrees to maintain and require any tenant to comply wieh the rerms of the Leases and applicable law. 13. LEASE$OLDS; CONDOMIIHIUMS; PLANNED UN1T DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. if the Property includes a unit in a Condominium or a planned unit devrlopment, Mortgagor will perform alt of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any patty obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instruntene or any other document executed for dte gurpose of creathtg, securing or guarantying the Secured Debt. A good faith belief by Lender that Tinder at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also cons[imce an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal end state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a mawer provided by law if Mongagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. AlL remedies are distinct, cumulative and not exclusive, and dre Lender is entitled to at] remedies provided at law or equity, whe[her or not expressly set forth. The acceptance 6y Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are Fled shall not constitute a waiver of Lender's right m require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. R ®1884 $"nkad Syawm", yx., $t.CkuA, MN lFea63eP23dt, Farm ftE•MTG~PA 12I79l44 'gUU1i ~(~~fAG£ ~YY 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring; inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the dare of the payment anti[ paid in full at the highest interest rate in effect as provide! in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument, This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and alt other federal, state and local laws, regulations, ordinances, coon orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutam or contaminant which has cltaracreristics which render the substance dangerous or potrndally dangerous to dte public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," °toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants anti agrees that: A. Except as previously disclosed and acknowledged in writing ro Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally rerngnizetl to be appropriate for the aormal use and nudatenance of dte Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Progeny or there is a violation of any Envirottmental Law concerning the Propetty. in such an event, Mongagor shall take al] necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender is writing as soon as Morgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened re]ease of any Hararrlous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or dtrearened action, by private or public entities to purchase or take any or all of the Property tltreugh condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected widt a condemnation or odrer taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shalt keep Property insured against loss by fire, flood, theft and other hazazds and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Leader requires. The insurance rurier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails ro maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals sball be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance, Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give inunediate hotice to the insurance tarsier and Lender. Lender may [Hake proof of loss if not made immediately by Mortgagor. BO4lf ~,4~ PAGE .~~ S tit O ®199a 9enkme Synema inc.. St. C/"ud, MN Il-90039 r-]341) Form flE-MTG-PA tt/19/9< v_.C.,_/'~e', ~ 9~4 f Lirdess otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to d[c extent of the Secured Debt immediately before the acquisition. _. ..... 20. ESCROW FOR TAXES AND IIVSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds For taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statemem or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certificatiaus that Lender may consider necessary to perfect, continue, anti preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOQVT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instmmem aze joint and individual. IFMortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest is the Property to secure payment of the Secured Debt and Mortgago[ does not agree to be personally Iiable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party Indebted under the obligation. These rights may include, but aze not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to [his Securi[y Instrument may extend, modify or make any change in the terms of this Security Insuttmeat oe any evidence of debt without Mortgagor's cotuent, Such a change will no[ release Mortgagor from the terms of this Security Instrument. T'he duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwtsc required by We laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. 'This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. if any section of this Security Instntment cannot be enforced according to its terms, that section will be severed and wi{1 not affect the enforceability of dte remainder of this Security Instrument. Whenever rued, [he siagulaz shall include the plural and the plural the singulaz. The captions and headings of the sections of this Security instrument are for convenience only and aze eat to be used to interpret or define the teens of this Security Instrument. Time is of the essence in [his Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall fie given by delivering. it or, by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibi[ed by law, Mortgagor waives any right to appraisement relating to the Property. saaK44.54 facE X893 ~ ~, Ipe~ ®1884 9,nbn SyaremY. ~~~•. SI. Cloud, MN p-80tr387234M1] Ferm REM7G•PA 13/19/94 ` 26. OTHER TERMS. If checked, the following are applicable to this Security Lutrument: ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ^ Construction Loan. This Severity Instrllrrtent secures an obligation incurred for the construction of an improvement on the Propeny. ^ Fixture Fling. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Cammercia! Code. ^ Purchase Money. This Security hrstnnnent secures advances by Lender used in whole or in part to acquire the Property. Acconlingly, this Security ]nstrument, and the lien hereunder, is anr! shall be coostnred as a purchase money rnortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ^ Riders. The covemnts and agreements of each of the riders ctuxked below are incotporated'imo and supplement and amend the terms of this Severity Instrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Orher ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenatus contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrumem on the date stated on page 1. ..... .................. ................. . . (signature) nley. E Richwine fDate) ......... .. .... ..... Z/ .................. (Witness) ...~~...~o~...~..~ :.............~................. ~.~~~t (Sign9mrel Ca~ss~ie ~L Richwine (Deco) ~w~me6~~%.~.. ~ ...................... ACKNOWLEDGMENT: \p,.s ~ COMMONWEALTH OP P.ennsylarania ................ COUNTX OF C;?^.^~?:^..............................} ss. .... (axlivaa.ll On this, rite .....1.9#h........... day of May..19.48 ................................ before me ~ :4: !:-~.`•'.t ~a .C.T.~.'." :::...,.., the undersigned officer, personally appeared .StanLey..E.B.ichwine. Gassi.e.L.E.ichmine ......................... .......................................................................................... known [o me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed rite same far the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. .,: M}~ ~0 ~ ISSIOn ~ • • ~ IS ~....--~.. "`••• ~: , , ~ ~. ~~~"o ~ Notarial Seal Lonney H. Grave, Notary Public L .....,...., y ; ~ ~. -t ~' ower Paxton Twp., Dauphin County My Commission ExpiresAprll 17, 2000 , ~.. .. , . 3,~ ~~ ...........................~................................................ ~ } rnla 4r omar ~~°'1~~'•i~ ~• rti `tr Green Tree Consumer Discount Company t~,StEjCbykr '~ the address of the Lender xndun named is :............................................................................ 34~;~~~ r ve Suite 118, Camp Hill, Pennsylvania 170r1 . r7,.~ ~ `~Nr• B04K~.4S~PAGf ~~ ®1994 BarJ:ra Synema, Inc., Sc Lioud. MN Il-anBaB~-23911 form nEtNTGPA 12H 9/94 ~ (Page 6 of 6/ .. , ,. y Exhibit A Legal DescripCion: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA HEING MORE FULLY DESCRIBED IN DEER DATED 05/14/1998 RECORDED OS/I1/1998 APPEARING AMONG THE LAND RECORDS OP THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME Q-36 PAGE 495 Parcel ID: 08-38-2175-012 ,v State of Pannaytvanla 11 County of Gum~eslandJ 86 RacordodinShe office for the recardinS~ peach in 9aoFs.~a.~:.--- ...:... « v s,andands~a1 of o1 aook1454tace 895 { ~. ~~~ ~V _ _« ~~n ~~~~ ~z g L ~nq xthr:c ,ono v ~~ n MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CONSECO FINANCE SERVICING CORP f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E and CABBIE L. RICHWINE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS RICHWINE NUMBER 01-4170 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCABF/, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. Cumberland County f/k/a Green Tree Consumer Court of Common Pleas Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 f,~l ~ ~~ ~d t ~, Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE ~ AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claimssetforth againstyou. You are warned thatif 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. Le han demandado a usted en la torte. Si usted quiere defenderse de ester demazldas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al paztir de la fecha de la demands y la notification. Hate felts asentar una compazencia escrita o enpersona o conun abogado y entregar a la torte en forma escrita sus defenses o sus objeciones a las demander en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaza medidas y puede mntinuaz la demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidix a favor del demazldante y requiere que arced cumpla con Codas las provisioner de esta demands. Usted puedeperder dinero o sus propiedades u otros derechos importances pars usted. 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 FORTIi BELOW TO PIND OUT WHERE YOU CAN GET HELP. Cumberland Comity Bar Associafion 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR T AL SERVICO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICBVA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Associatial 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Co rt at Carlisle, Pa. Thi °`- days ~tL honotary McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney far Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 - Conseco Finance Servicing Corp. Cumberland County f/k/a Green Tree Consumer Court of Common Pleas Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. . Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Number Gardners, PA 17324 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter r J described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all' interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose,.as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and far the foreclosure and sale of the mortgage property. f~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff 1 VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, informata.on and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. / ~----=--~~ ~/C~. TERRENCE J. MCCABE ., , _.~• ~~~~ , !: J.. '• ~cottitf 6P ei~~lClaTnr`a - i' Space Above This Line For Recoraiag Data 98 (~fl4 21 fl~ 10 OPEN-END MORTGAGE Applicat~an ~p 690°sB0878 Thts Mortgage secures future advances DATE AND PARTIES. The date of this Mortgage (Security instrument) is ,,,May 19, 1998 and the ........... parties, their addresses and tax idenfification numbers, if required, areas follows: MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES s ^ !f checked, aefer to the, attached. Addendum,incorpom[ed herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 _•' Catrip Hill, Pennsylvania 17011 >. ~: 2, CONVEYANCE. Forgood anti va]ua61e consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured- Deb[ (defined below) and Mortgagor's performance tinder this Security Instrument, Mortgagor grants, bargains, conveys and moitgage"sito'Lender the following described property: , . , See E$llibi.£' A ; ~ .~'~• 1 , The properly is loca[ed in .............Ctlnber•land........................................ at ................................................ _.;,;, Gardners ,Pennsylvania 17324 .......................~ :......,.........................., ..............Y~...................... ........,................ (Address) (Cif (21P Codc) Together with all tights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, di[ches, and water stock and all existing and future improvements, stmctures, fixtures, and replacements that tray now, or at any time in the fature, be part of the real estate described above (all referred to as "Property"). 3. MAXIM[IM OBLI~~.T~(~ L~I~IT. The total rinci al amount secured b this Securit Instrument at any one time shall not .........P P Y Y exceed $ ....................................... ...This lImitadon of amount does not include interest and other fees and chazges validly made pursuant to this Security Instrument. Also, this (imitation does not apply to advances made antler the terms of this Sectrity Instrument to protect Lender's security and to perform any of fire covenants contained in this Security Instrument. , 4. SECURED DE$T AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the [elms of all promissory note(s), contract(s), guaranry(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below It is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Note dated May 19, 1999, between Green Tree Consumer Discount Company and Stanley E i~~ ° ~ imp a~,r~t~t{'~~e L ~~c `, iz~~e~, for $95, 500.00, maturing May 23, 2023. "Kam ~~?t M qw i~y,.~ ~~ P N LV 1 AtpE 07 Fafl FN , FH L, FHA OR VA UsEI $OQ~ ~(~~ PaM N~~ C~ ~Page,l .a @1h ~`L e., 5BEE63~~~`, C1eu4, MN I7-80?S9]~21411 Farm RE-MTGPA 12/[9/94 ~ ~G w~ v Q~ ®1994 Bankers 9 eroma, , Form IP #111186 B, All future advances from Lender to Mortgag+or or other future obligations of Morgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and Future obligations that are given to or incurred by any one or more Mongagor, of any one or more Mortgagor and odrers. All future advances aad other Cuture obligations aze secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations aze secured as if trade on the date of this Security Instrument. Nodring in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit acconmt agreement between Mortgagor and Lender, D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its vaine and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. - This Security Instrument will not serwre any other debt if Lender fails to give any required notice of the right of rescission. 5. PAI'MENT5. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or wil] be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bazgain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7, PRIOR SECURITY INTERESTS. With regazd to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mongagor agrees: A. To make ail payments when due and to perform or comply with all covenants. B, To pmmptiy deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreemen[ secured by the lien document widrout Lender's prior written consent. S. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities,. and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Ivfoxegagoc will defend title to [he Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials m maintain or improve [he Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the ettdre balance of the Secured Debt to be immediately due and payable upon the creation of, ar contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant steal! run with the Property and shall remain in effect until rite Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property Free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change widrout Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mottgagor, amd of any loss or damage to the Property. BOOk~.~a~PACE, S9O ~ /pag6_ q ®1884 9erJ~en 6yerom,, Ire.. Se CIOYE, MN 11-60638)-23411 Farm aE-MTa•PA 1 P119/94 ~ ~ . ~' r L::nder or Lender's agents may, at Lender's option, enter the Property a[ any reasonable time for the purpose of inspecting [he Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the itrspectiori. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. if Mortgagor fails to perform any duty or any of the covenants contaitred in this Security Instrument, Lender may, without notice, perform or cattle them [o be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary far performance. Lender's right to perfomt for Mortgagor shall not create an obligation to perform, and Lender's failwe to perform will not preclude Lender from exercising any of Lender's other tights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable magnet, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. A55IGNl1~NT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and morgages to Lender as additigoal security all the right, title and interest in and to any and all existing or furore leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substimdons of such agreements (all referred to as "Leases") and rears, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with Igoe and correct copies of all existing and furore Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security ]ttstrument. Mortgagor agrees that this assignment is immediately effective between the parties to [his Security Instrument and effective as to third parties or the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees drat Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's [enagts until Mongagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amoun[s collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the eetms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMIlVIUMS; PLANNED UNIT DEVELOPMENTS. Mongagor agrees to comply with [he provisions of any lease if this Security Instrument is on a leasehold. if the Property includes a unit in a condominitw or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planed unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor wiiF be in default ii a breach occurs under the terms of this Security lrsstnunent or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecwe with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law vrill require Lender to provide Mortgagor with notice of the right to cure gr other notices and tray establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose [his Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and chazges, accrued interest and principal shall become itnnrediately due and payable, after giving notice if required by law, upon the oceurtence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by Law, the terms of the Secured Debt, this Security Instrument and any related documents. AIL remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided ai law or equity, whether or not expressly sec forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debr after the balance is due or is accelerated or after foreclosure proceedings are filed shall not conslimte a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Leader does no[ waive Lendex's tight to later consider the event a default if it continues or happens again. mt984 aankm"SVrta.n", Ina. 94 CIeuJ, MN IhBOO~i9r-20d1) Fvrin REMTGPA 12119/94 ~ ~~ ~~ '~ cauisa454eaci X691 16. E7CPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEE5; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment anti[ paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing ox protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, coon costs, and other legal expenses. This Security instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENV1ItONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq,), and alt other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or inrerpredve letters concerning the public health, safety, welfare, enviranmem or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potrntially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees drat: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazadous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazazdous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant Lave been, are, and shall remain in full compliance with any applicable Environmental Law, C. Mortgagor shall immediately notify Lender if a release or dtreatened release of a Hazardous Substance occurs on, under or aboat the Property or there is a violation of any Environmental Law concemigg the Property. In such an evem, Mortgagor shall take al] necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened releasc of any Hazardous Substance or the violation of any Environmental Law. I8, CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any awazd or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered gayments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of oust, security agreement or other lien document. 19. INSURANCE. Mortgagor shalt keep Property insured against loss by fire, flood, theft and other hazazds and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the instuance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. IF Mortgagor fails ro maintain the coverage described above, Lender may, at Lender s option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender sball have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to dte insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. perry BOIdi~Q~PAG~ .v.31G _~l+ (pag 4 f ~ 1996 9enkata 3ynvma, Ine. St. Claud, MN (t~90b397-234p farm flEMTGPA 12/19184 ~/~ Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to dte Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's tight to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediatety before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required ro pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to -sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mongagar does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security lastrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under dte obligation. These rights may include, but are not limited to, any anti-deficiency orone-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrumem oe any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Security Instrument is governed by the laws of the jurisdieeion in which Lender is locsted, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that taw expressly or impliedly permits the veriatirsns by written agreement. If any section of this Security Instrument cannot be enforced according ro its terrtts, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singulaz shall include the plural ant! the plural the singutaz. The captions and headings of the sections of this Security Instrumem are for convenience only and are not to be used to interpret or define the terms of this Security Iustnunent. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall fie given by delivering. it or, by mailing it 6y first class mail to the appropriate party's address on page I of this Security Insttutnent, or to any other address designated in writing. Notice to one mortgagor will be deemed w be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 'BOoIf~,~J~PaGE agg3 ~yF ,'peQ~J J9 J004 BankpaSWUma. Inc., 51. [loud, MrJ ~1.OpP387~234U Farm PB~M7G-DA JO/J9/94 L S 26. OTHER TERiVlS. If checked, the following are applicable to this Security lnswmenr. ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until reteased. ^ Construction Loan. This Security Inswment secures an obligation incurred for the construction of an improvement on the Property, ^ Fixture Fling. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns oow or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photageaphic or other reproduction may 6e filed of record for purposes of Article 4 of the Uniform Cammercia! Code. ^ Purchase Money. This Security Ltistrument secures advances by Lender used in whole or in part to acquire the Property. Acconlingly, this Security Instrument, and the lien hereunder, is and shall be constnted as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROWER: THIS DOCIJMENT CONTAINS PROVISYONS FOR A VARIABLE INTEREST RATE. ^ Riders. The covenants and agreements of each of the riders checked below are incorporated'imo and supplement oral amend the terms of this Security Instrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Odter ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be ]egaily bound hereby, agrees to the terms and covenants watained in this Security Instrument and in any attachments. Mortgagor also aclmowledges receipt of a copy of this Security Insttumem on the date stated on page 1. (signora(°> nley E Richwine Q>9te] (si~~umrel Ca~ss~ie~L Richwine ~a1OI ~w~me~f Gam.. ~.... ~ ...................... ACKNOWLEDGMENT: COMMONWEALTH OF ....P.ermsylvan;a ................ COUNTY OF C`?:'^~?."~~::~Z:....................) ss. tmnt~.u On this, We .....1.9.th........... day of May..19.48 ................................ before me ~: !^r.~•t..la~.~.'~.-.y.~..'.,...., the undersigned officer, personally appeared .Stanley..E.B.ichwit7e..Cassi.e..L.Bich~uine ......................... .......................................................................................... known to me (ar satisfactorily proven) to be the person(s) whose aarrre(s) is subscribed to the within instrument, and ac[omwledged that be/she executed dre same for the purposes drerein contained. In witness whereof, I hereumo set my hand and official seal. ..u„o• ~~ :: , t}bpission ~I}~gb •- ^ .: , . ~.pic " ""t~'~ ~~.$°u f' "`C A Notarial5eal Lonney N. Grove, No~ry Public L P T C C ..................................................... .......... ..... , ~ ~y •>it„d'L ,~ ounttyy ower axton wp., aupphin My Commission Ex iresA r1117 2060 t~ rx::aew.~•. t p , p Ry ,. i . ;Sr •_~ -.~.~vy~ TnIG ar Olrm?t "~S ~•. 6y rasa ree Copaumer Discount Company ~ks'•y~ _ fJ ' ~'w~w a~ I I2te ~ ~~ the address of the Lender tvithtn named is :............................................................................ 346Ty, ~ ~ lve Suite 118, Camp Hill, pennaylvania 17oi1 BOOM~~~PAGE ~~ b 1994 9aMtta Syncm; Inc.. SL Cloud, MN 1r~900.3 9 9-23 4 11 folm REiJITGPA 74119!94 (page 6 of 6) .'' y 1r i ,. • y'~ Exhibit A Legal Description: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY RND COP4~10NWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED OS/L1/1998 APPEARING AMONG THB LAND RECORDS OP THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME Q-36 PAGE 495 Parcel ID: 08-38-2175-012 State of Pannayivania tt County of Cumbertandd $~ Recorded in she office for the reoarding ~ peach ect. and f erletuS Courdy9 in g~~VoF'at of off witn ss y han Carli PA th' Recorder Bbrikf~54PaGE ®~5 ~. a ~.} ~~~~. ~, o ~i '4 - ~_ ~. ,1 W ~~ ~~~ ~~ ,~....__.. i ~ T ~ 7 O Vry ~ =i m: 7 ~: ~- {~? ~~~ 8 Z q v~ ~ . ~11N1rC_ _ _ ~ ~3~'0~} McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE SERVICING CORP. f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E. RICHWINE and CASSIE L. RICHWINE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-4170 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. Mc E, ESQUIRE Attorney for Plaintiff f McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQVIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Casaie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas ~` )~ J c_ L'l~ ~/~(7 f, H' `. Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE ~ AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice aze served by entering a written appeazance personally or by attorney and filing in writing with the wort your defenses or objections to the claims setforth againstyou. You are warned that if you fail to do so the case may proceed withoutyou and a judgment may be entered against you by the court without further notice fot any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or oBier rights important to you. Le han demandado a usted en la come. Si usted quiere defenderse de estas demazldas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al paztir de la fecha de la demazlda y la notiEcadon. Hate felts asentaz una wmpazencia escrita o anpersona o con un abogado y entregaz a la torte en forma esrrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaza medidas y puede continuer la demands en contra soya sin previo aviso o notification Ademas, ]a torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demands, Usted puede perder duiero o sus propiedades u otros derechos importances paza usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland Comity Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO IIVMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAG AR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Comity Bar Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company 7360 Kyrene.Road , Tempe, AZ 85283 v. , Stanley E. Richwine 337 Old State Road Gardners, PA 17324 . and , Lassie L. Richwine , 337 Old State Road Gardners, PA 17324 , Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp, f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Lassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. 'The following amounts are due on the mortgage: Principal Balance Xnterest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee 1,ate Charges Corporate Costs Penalty Cost of Suit Appraisal Fee 'Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 S 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose.as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE m ._.> ._:. 1.1 ,v,. ~~~ ~ _. (Co "m®onw''eaI1E 6P e~~t~aT»f`' " i' Space Ahore This Line For Becordiag Data ,98 ~R~ 2~ Aft ~~ OPEN-END MORTGAGE Applieat~ ni 690098 aye Thrs Mortgage secures future advances N 1. DATE AND PARTIES. The date of this Mortgage (Security lostrlmtent) is ,,,May 19, 1998 „and the " parties, their addresses and tax identification mtmbers, if required, are as follows: MORTGAGOR; Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS HY THE ENTIRETIES ~. ^ !f checked, .refer to the, attached. Addendum.incorpomted herein, for additional Mortgagors, their signatures and acknowledgments. ' LENDER: Gxeen Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ,•' Camp Hill, Pennsylvania 17011 ,: ' .a: 2. CONVEYANCE. Porgood and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Deb[ (defined below) and Mortgagor's performance under this Sectuiry Instrument, Mortgagor grants, bargains, conveys and mo'rtgageslto'Lender the following described property: •) ., d 1 See E.$hi.bit' A ,; ' .~ "• , The property is located in .............Ctlmberland.......,.....,.......................... at ................................................ .,..... ICODnIY) ` "`- Gardners 17324 ..............:.:.....1j~,: ......................, Pennsylvania ' (Address) (City) (ZIP Coda) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, di[ehes, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in dte future, be part of the real estate described above (all referred to as "Property"). 3. MAaQMUM OBLI~~,T~(~ L~T. The total principal amount secured by this Security Instrument at nay one time shall not exceed $ .................:...................................'Ibis limitation of amount does not include interest and other fees and chazges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made urxler the terms of this Security Instrument to protect LendeK's security and to perform any of dre covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of atl promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, rnterest rates, maturity dates, etc.) Note dated May 19, 1996, between Green Tree Consumer Discount Company and Stanley E ~ ~ i• ~~, - ae L~~jcS ii~'e'„ for $95,500.00, maturing May 23, 2023. ~Mhv~ a • ry ;(ig:~ ~ ~yIN LV I O ~ E ~ OT FOfl FN , FH c, FHA Oft VA USEI $QQK ~(~~ I•A~~ ~$y ~ /Page' 1~yo~f{pj¢5.l. a ~ ,~.I~: ®1994 e"nkere Sv"mm", ne., Sp, q"ud, MN It-0003s~-20411 Form RE~MT0.PA 12/19/90. , Form ID #111184 B. AU future advances from Lender to Mortgag=or or other future obligations of Mortgagor ro Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in Favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. if more than one person signs tills Security Instrurrteat, each Mortgagor agrees that this Security Irstrument will secure all future advances and future obligations that aze given to or .incurred by any one or more Mortgagor, ar any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations aze secured as if trade on the date of this Security Iastmment. Nothing in this Security Instrument shall constitute a comminnent to make additional or future loans or advances in any amount Any such commiuneat must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, to the exten[ not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement be[ween Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, pmserving or otherwise protecting dre Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Iastrutnent. T7ris Security Instrument will not set'ure any other debt if Lender fails ro give any required notice of dte right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with dte terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants drat Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right ro grant, 6azgain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regazd ro any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To melee ail payments when due and to perform or comply widr all covenants. B, To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreemen[ secured by the lien document widtout Lender's prior written wnsent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities,. and other charges relating to the Property when due. Lender tray require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. IvIortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may ]lave against parties who supply Tabor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon ehe creation of, or contract for the creation of, any lien, encumbrance, transferor sale of the Property, This right is subject to the restrictions imposed by federal law (12 C.F,R. 591), as applicable. This covenant shalE run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that aze reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Ptvperty free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change widtout Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consem. Mortgagor will notify Lender of all demands, proceedings, clairns and actions against Mortgagor, and of any loss or damage to the Property. 8001c1~S~ YAGQ S9O ~~ rFeya„ Z pf ~l ®7884 Barker Syerom., Ire.. 56 CIOUC, MN Ib900.38r-13ap Fa,m RE-MTO•PA 11118186 Linder or Lender's agents may, at Lender's option, enter the Property at nay reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of of before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shat! be entirely for Lender's benefit and Mortgagor will in na way rely on Lender's inspection. 11, AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants rnnrainecl in this Security Instrument, Lender may, without notice, perform or cause them to be performed, Mongagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary fat performance. Leader's right to perform for Mortgagor shall not create an obligation to perform, and Leader's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument, tf any conswction on the Property is discontinued or not carried on in a reasonable manner, Lender may take ail steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Leader as additional security all the right, title and interest in and to any and alt existing or future ]eases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"}. Mortgagor will promptly provide Lender with we and correct copies of al] existing and future Leases, Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties ro this Security Instrument and effecfive as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations aze satisfied. Mortgagor agrees drat Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents tine or to become due directly to Lender afer such recording, however Lender agrees not to notify Mortgagor's tenants until Mongagor defaults and Lender notifies Mortgagor of die default and demands that Mortgagor and Mortgagor's tenants pay all Rents tine or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender anp payment of Rents in Mortgagor's possession anti will receive any Rena in oust for Lender and will not wmmingle the Rents with any other funds. Any amounts collected will be applied as provided in dtis Security Instrument. Mortgagor warrants drat no default exists under the Leases or any applicable landlord/tenant law, Mortgagor also agrees to maintain and require any tenant to comply wieh the teems of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS, Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit developmem, Mortgagor will perform all of Mongagar's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any patty obligated on the Secured Debt fails to make payment when due. Mortgagor wilt be in default if a breach occurs under the terms of this Security hrsttvment or any other document executed For the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated vn the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the tight to cure or other notices and tray establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a mawer provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shat! become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime rherenfter. In addition, Lender shall be entided to all the remedies provided by law, the terms of the Secured Debt, this Security Instmment and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partied payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are tiled shall not constimte a waiver of Lendei s right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. Bt089 neutron Syn"m,, 1nc.. 54 CIeu0, MN n•B04]er•IOall Form aEMTGPA 12/19!94 ~ ~~ ~P8 '~ itaaii1~54fAGE r89!„ 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by taw, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses wi116ear interest from the date of the payment until paid in full at the highest interest rate in effect as provider! in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. Tttis amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIItONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (]) Environmental Law means, without Eimitation, the Comprehensive Enviromnental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney genera! opinions or interpretive letters conceming the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means arty toxic, radioactive or hazardous material, waste, pollutant or contaminant which has chazacteristics which reader the substance dangerous or potrntially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," °toxic substances," "hazazdous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, wartantr• and agrees that: A. Except as previously disclosed and acknowledged in writing m Lender, no Hazardous Substance is or will be located, Stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that aze generaIIy recognized to be appropriate i`Or the normal use and maintenance of are Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender If a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerting the Property. In such an event, Mortgagor shall take all necessary retnedial action in accordance with any Environmental Law. D. Mortgagor shall immediately testify Lender in writing as soon as Morgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relaring to the release or threatened release of any Hazardous Substance or the violation of nay Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any awazd or claim for damages connected with a condemnation or older taking of all or any part of the Property. Such proceeds shall be considered paymetns and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or othe[ lien document. 19. INSURANCE. Morgagor shalt keep Property insured against loss by Ere, Hood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for ate periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lendcr may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "ions payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Leader requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give inunediate notice to the insurance carier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. BQOif 1454 PAGE; .892 ~~ fag ®199a Bankers Synnmy Inc., So CI"utl, MN tr-9a0.397-2341/ Form aEMTC-PA 12/19/9a Unless otherwise agreed in writing, all insurance proceeds shall be applied to dte restoration or repair of the Property or to die Secured Debt, whether or not then due, at Lender's option. Any application of proceeds ro principal shat] not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to dre extent of the Secured Debt immediately before the acquisition. _ .... 20. ESCROW FOR TAXES AND SNSURANCE, Unless otherwise provided in a separate agreement, Mortgagor vnll not be required ro pay to Lender funds for taxes and insuratce in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statemem or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any addi[ional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidetce of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Motgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Leader and any party to this Security Instrument may extend, modify ar make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABII,ITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is Located, except to the extent otherwise required by dre laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrumem may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits dte variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of dre remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural dte singular. The captions and headings of the sections of this Security Instrumem aze for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any odter address designated in writing. Notice ro one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. ®1894 9u+k,u 9yaema, Inn., 51. Cloud, MN IL80438]-234U Farcn HE-M7GPA 13/19/94 ~ f 26. OTIdEIt TERMS. IF checked, the following are applicable to this Security instrument: ^ Line of Credit. The Secured Debt includes a revolving tine of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security instrument wiU remain in effect until released. ^ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Propetty. ^ Fixture Filing. Mortgagor grants to Lender a security iaterest in all goods that Mortgagor awns now or in the future and that are or will become fixtttres related to the Property. This Security Instrument suffices as a financing statement and any carbon, photogeaphic or other reproduction may be filed of record for purposes of Anicle 9 of the Uniform Commercial Code. ^ Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire tits Property. Acconlingly, this Security lnsttvment, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROWER: THIS DOCUMENT CONTAINS 1'ROVYSYONS FOR A ifARIABLE INTEREST RATE. ^ Riders. The covenants and agreements of each of the riders checked below are incorporated'into and supplement and amend the teens of this Severity Instntment. [Check all applicable boxes) ^ Condominium Rider ^ Planned Unit Development Rider ^Other ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instnunem on the date stated on page 1. (sign>,mre) nley E Richwine ~a`8) (LViNesst. (_J (sis>wn~ro) Cassie L Richwine (°ste) ~iN ~ ...................... ACKNOWLEDGMENT: 1a~~ ss. COMMONWEALTH OF ....Pertrlsylvania ................ COUNTY OF C:?^^~1.:^.............................. ...., cwm;al.u On this, the .....1.9#h........... day of May..1998 ................................ before me `-4 :! :{.'.'.f .ta ~~;' :-.. the undersigned officer, personally appeazed .StanLey..E.B.ichw.ine..Cassia..L..&ichaaine ........................ .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same (ar the purposes therein contained. In witness whereof, I heretmto set my hand and official seal. .~ by i•,wuu.-~•.~ •~,~~dU .....u.u..u..........u.n....~e.......~.....r....... C~?.~.,;;;~.1ti•V}, sii. ~ Y eve, otaryPUbllc ~. . r' ~ ;~ toC v Paxtonn Twp., Dauphin Counr~ttyy $~ ~ ~~q~,,?" `:~~. _ • mmissicn Expires prll i7, 2l)00 j~4 Y c ~ ............... fey ~~y "~~ •Iy~ ...........~ ........... ... .. ~~r,e .-~~~~' TNe of Ollteer #$'~1,.d_ ~••f'~S ?~ Green Tree Consumer Discount Company It~ '~ ~ the address of dle Lender within named is :............................................................................ 34bJ,~ ~ ,~: ve Sufte 118, Camp Hill, peaneylvania 17011 BOQK~~~PAGE ~~ ®1994 BaMm Syatema. Ins., SL CIOUA, MN I1-80b3ByQ3g11 fo,m fiEN,TGPA 13fl 9/96 (page 6 of 6/ ~; ~~ ''~ Exhibit A Legal Description: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPfiRTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OP PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LAND RECORDS OP THE COUNTY AND STATE SET-FORTH AHOVE IN DEED BOOK VOLUME Q-36 PAGE 495 Parcel ID; 08-38-2175-012 State of Pannsyivanie 11 County of Cu~nberlandT g~ Recorded inthe officefortherecordinS~ peeda act. and erfam3 CourdYc? in Roo~Vof.....r.-Pa9 witn ss y han a1~ ~~~~ Carli PAth' aoo~i454racf: ®95 .. C~ o ca ~ a = rr~ ~ , ~ ~~n - ~,, ter -_ T ~~ ' C7 -_ ~ -- ~ _- ` ~ - t -c tv -< SHERIFF'S RETURN - REGULAR ! .., CASE N0: 2001-04170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY E ET AL BRIAN BARR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICHWINE STANLEY E the DEFENDANT at 1450:00 HOURS, on the 21st day of September, 2001 at 12 NORTH HANOVER ST APT 4 CARLISLE, PA 17013 by handing to STANLEY RICHWINE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and SubSCribed to before me this 27 ~ day of +~ ~.~ ~/ A.D. /~ ~_ eA /1 _Ti So Answers: ~~ ~ R. Thomas Kline 09/24/2001 MCCABE WEISBERG%~& C~ONWAY Deputy Sheriff rothonotary .. .v.._... ...a.:._._...:. i ~ m~i~~: ,,,~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY E ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICHWINE LASSIE L DEFENDANT the at 1450:00 HOURS, on the 21st day of September, 2001 at 12 NORTH HANOVER ST APT 4 CARLISLE, PA 17013 by handing to STANLEY RICHWINE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,7q~ day of ~2s,y A . D . rothonotary ` So Answers: R. Thomas Kline 09/24/2001 MCCABE WEISBE & CONWAY By: t Deputy Sheriff r r OFFICE OF THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Stanley E. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 CONSECO FINANCE SERVICING CORP. F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E. RICHWNE, AND CABBIE L. RICHWINE NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-4170 CIVIL Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicate below. C~L 1~.. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. f t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cassie L. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 CONSECO FINANCE SERVICING CORP. F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E. RICHWNE, AND CASSIE L. RICHWINE NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-4170 CIVIL Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicate below. \~~ ~~ Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. f 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Stanley E. Richwine 337 Old State Road Gardners, PA 17324 CONSECO FINANCE SERVICING CORP. F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E. RICHWNE, AND CABBIE L. RICHWINE NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-4170 CIVIL Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicat below. C%~-.~2. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cassie L. Richwine 337 Old State Road Gardners, PA 17324 CONSECO FINANCE SERVICING CORP. F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY v. STANLEY E. RICHWNE, AND CABBIE L. RICHWINE NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER O1-4170 CIVIL Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indica d below. C~:N~.i~ Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. McCABE, WE15BERG AND CONWAY, P.C. BY: TERRENGE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE SERVICING CORP. CUMBERLAND COUNTY F/K/A GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY v. STANLEY E. FtICHWNE, AND NUMBER 01-4170 CIVIL CABBIE L. RTCHWINE . ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Pzincipal $119,566.93 Interest from 6/30/01-10/29/01$ 3,108.49 TOTAL $122,675.42 ~~~-~~~ TERRENGE J. McC BE, ESQUIRE AND NOW, this ~/ bf day of VC7~~~~ 2001, Judgment i5 entered in favor of Plaintiff, Conseco Finance Servicing Corp., f/k/a Green Tree Consumer Discount Company, and against Defendants, Stanley E. Richwine and Lassie L. Richwine, and damages are assessed in the amount of $122,675.42, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE SERVICING CORP. CUMBERLAND COUNTY F/K/A GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY v. STANLEY E. RICHWNE, AND NUMBER 01-4170 CIVIL CABBIE L. RICHWINE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Stanley E. Richwine and Cassie L. Richwine, are over eighteen (18) years of age, and resides at 337 Old State Road, Gardners, PA 17324. SWORN TO AND SUBSff~~CµµRIBED BEFORE ME THIS r~,TN DAY OF ~~~ 2001. NOTARY PUBLIC NOTARIAL SEAL MICHELLE A. HOLAOIKyN~I Publ~ (;iry of Philadelphia, t7ane "y t;ommission Expires March 28, TERRENCE J. Mc ABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE SERVICING CORP. CUMBERLAND COUNTY F/K/A GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY v. _ STANLEY E. RICHWNE, AND NUMBER 01-4170 CIVIL CABBIE L. RICHWINE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Stanley E. Richwine and Cassie L. Richwine, are over eighteen (18) years of age, and resides at 12 North Hanover Street, Apartment 14, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE~yM.E~~T/H~I,~S a ~~ DAY OF ~/r~w~-- 2001. ~ // r NOTARY PUBLIC u ~a NOTARIAL SEAL 4 MICHELLE A. HOLACIK Notary PuW~ City of Philadelphia, Phila. CouAty `tny Commission Expires March 28, 2005 <~~ TERRENCE J. TCCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CONSECO FINANCE SERVICING CORP. F/K/A GREEN TREE CONSUMER DISCOUNT COMPANY v. . STANLEY E. RICHWNE, AND CABBIE L. RICHWINE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER O1-4170 CIVIL I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to is to be entered and to the attorn default occurred and at least ten the filing of the Praecipe. A true pursuant to Pennsylvania Rule of attached hereto and marked Exhibit the party against whom judgment =y of record, if any, after the (10) days prior to the date of and correct copy of the notice Civil Procedure No. 237.1 is .. A.. SWORN TO AND SUBSC((~Rjy~~IBED BEFORE ME THIS a~'j DAY OF 2001. ~''~ l~ ~ ~ ~~- NOTARY PUBLIC -- N~TA~IA69EAl ~`t MICWELLE A. HOIACIK, Notary Public Clty of Philadelphia, Phila. County ?y Commission E~ypires Maroh 28,20.05 ~~N ~ '~/~P C ~~ TERRENCE J. CABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McC E, ESQUIRE ,~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Stanley 12 North Apt. #4 Carlisle E. Richwine Hanover Street PA 17013 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine October 16, 2001 Cumberland County Court of Common Pleas Number 01-4170 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u obj eci ones a los reclamos formulados en contra suyo. AL no tomar la action debida dent ro de diez (10) dias de la fecha de esta notif icaci on, el Tribunal podra, sin necesidad de comps recer usted en torte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Dehe llevar esta notification a un abogado inmediatamente. Si usted no ti ene abogado, o si no tiene dinero suf ici ente para tal servicio, vaya en persona o flame por telefono a la oficina, nombrada para averi guar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (717) 240-6200 C717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, DPHISBERG AND CONPIAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/cf ^ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLYSLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Lassie L. Richwine 12 North Hanover Street Apt. #4 Carlisle, PA 17013 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Lassie L. Richwine October 16, 2001 Cumberland County Court of Common Pleas Number 01-4170 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you- Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you ui thout a hearing and you may lose your property or other important rights. You should take this notice to a Lawyer at once. If you do not have a Lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal heL p: NOTIFICACION IMPORTANTE Llsted se encuentra en estado de rebeLdia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u obj eci ones a los reclamos formutados en contra suyo- Al no tomar la action debida dent ro de diez (10) dias de la fecha de esta notification, el Tribunal podra, sin necesidad de comparecer usted en torte u oir preuba alguna, di ctar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notification a un abogado inmediatamente. gi usted no ti ens abogado, o si no tiene dinero Sufi ci sore para tal servicio, vaya en persona o lLame por telefono a la of icing, nombrada para averi guar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carli sLe, PA 17013 (717> 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CON4PAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 ~ ~ ~~ ~~~ dY~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary October 16, 2001 To: Stanley E. Richwine 337 Old State Road Gardners, PA 17324 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine Cumberland County Court of Common Pleas Number 01-4170 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION IMPORTANTE Usted se encuent ra en estado de rebeldia por no haber presentado una comps recencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u obj eciones a los reclamos formulados en contra suyo. Al no tomar la acci on debida dent ro de diez (10) dias de to fecha de esta notification, et Tribunal podra, sin necesidad de comparecer usted en torte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u of ros derechos importantes. Debe llevar esta noYif icacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suf iciente pa ra tal servicio, vaya en persona o Name por telefono a la of icing, nombrada pa ra averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEIS88RG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/cf G5~31 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary October 16, 2001 To: Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine Cumberland County Court of Common Pleas Number 01-4170 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. 1f you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION Usted se encuentra en estado de rebeldia por no~haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no halier radicado por escrito con este Tribunal sus defensas u obj eci ones a Los reclamos formulados en contra suyo. Al no tomar la acci on debi da dent ro de diez (10) dias de la fecha de`esta notification, el Tribunal podra, sin necesidad de comps recer usted en torte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u of ros derechos importantes. Debe llevar esta notification a un abogado inmediatamente. Si usted no 4iene abogado, o si no tiene dinero suf iciente pa ra tal servicio, vaya en persona o flame por telefono a la of icing, nombrada pa ra averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Hsquire McCABE, WEISBERG AND CONNAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/cf ~6~1! %'~~~ 8 ~aa•-~ e ~ ~. ~,.f. w ~.-.~~ ~•_., <.. ~..._e soces.a~aa~Recwxrvsattma;~exwna a:~.am~w[°- ~~~ a - 1 , ~_ 1 ~ Rf I I " ~~ ~V ,V G nV \~ '1~ ~~ C't C; ~ .: ~r'~ i J ~~ c ~ _ ~ ~~ ~" c_: .~ f° "7 _~ :.,~ 1~ f,; () .-;n _j -C ~: .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company V. Stanley E. Richwine and Cassie L. Richwine TO THE PROTHONOTARY OF SAID COURT: FILE NO.: 01-4170 Civil Term AMOUNT DUE: $122,675.42 INTEREST: from 10/30/01 ATTY'S COMM.: COSTS: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 337 Old State Road, Gardners, PA 17324 fully described as attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. November 9, 2001 ~G/je~~ DATE: Signature: r l~ Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelt~hia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ~. i LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED TN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF THE ELLA N. MYERS ESTATE; THENCE NORTH 66 DEGREES 25 MINUTES WEST, A DISTANCE OF 228 FEET TO A POINT, IRON PIN; THENCE STILL BY LAND OF THE SAID ELLEN N. MYERS ESTATE, NORTH 19.50 DEGREES EAST 55.3 FEET TO A POINT, IRON PIN; THENCE ALONG TRACT N0. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS . SOUTH 66 DEGREES 7 MINUTES EAST, A DISTANCE OF 228 FEET TO A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY; THENCE ALONG THE CENTER LINE OF THE SAID HIGHWAY, SOUTH 19 DEGREES 20 MINUTES WEST, A DISTANCE OF 54 FEET TO A POINT. BEING IMPROVED WITH A SEMI-FRAME BUNGALOW AND BEING TRACT NO. 11 AS DESIGNATED ON PLAN OF LOTS ADOPTED BY LENA KATHRYN KUNTZ, ET AL, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK NO. 10, PAGE 52. BEING THE SAME TRACT OF LAND WHICH STANLEY E. RICHWINE AND JOYCE A. RICHWINE, NOW KNOWN AS JOYCE A. MILLER, BY THEIR DEED DATED NOVEMBER 16, 1993, GRANTED AND CONVEYED UNTO STANLEY E. RICHWINE, SAID DEED BEING RECORDED TN THE OFFICE AFORESAID IN DEED BOOK VOLUME 36q, PAGE 492. SUBJECT ALSO TO A RIGHT-OF-WAY AGREEMENT WITH THE NEIGHBOR ON THE NORTH REGARDING THE DRIVE-WAY BETWEEN THE TWO PROPERTIES. Parcel ID # 08-38-2175-012 Being Known As: 337 Old State Road, Gardners, PA 17324 ~. ~ ,.~ ~ , ~e ~. ~- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine . and . Cassie L. Richwine . Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01-4170 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 337 Old State Road, Gardners, PA 17324, a copy o$ the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Stanley E. Richwine, Cassie L. Richwine Address 12 North Hanover Street Apartment 14 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Stanley E. Richwine, Cassie L. Richwine Address 12 North Hanover Street Apartment 14 Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Commercial Credit IMC Mortgage Company Address 210 Lake Drive East Woodland Falls Corp. Park Suite lO5A Cherry Hill, NJ 08002 And Citifinancial 7467 New Ridge Road Suite 222 Hanover, MD 21076 Contact: David Parks 25 Blackstone Valley Place Lincoln, RI 02865 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None. Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant(s)/Occupant(s) Domestic Relations Address 337 Old State Road, Gardners, PA 17324 Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November 9, 2001 ~//1~ DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF THE ELLA N. MYERS ESTATE; THENCE NORTH 66 DEGREES 25 MINUTES WEST, A DISTANCE OF 228 FEET TO A POINT, IRON PIN; THENCE STILL BY LAND OF THE SAID ELLEN N. MYERS ESTATE, NORTH 19.50 DEGREES EAST 55.3 FEET TO A POINT, IRON PIN; THENCE ALONG TRACT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS. SOUTH 66 DEGREES 7 MINUTES EAST, A DISTANCE OF 228 FEET TO A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY; THENCE ALONG THE CENTER LINE OF THE SAID HIGHWAY, SOUTH 19 DEGREES 20 MINUTES WEST, A DISTANCE OF 54 FEET TO A POINT. BEING IMPROVED WITH A SEMI-FRAME BUNGALOW AND BEING TRACT N0. 11 AS DESIGNATED ON PLAN OF LOTS ADOPTED BY LENA KATHRYN KUNTZ, ET AL, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK N0. 10, PAGE 52. BEING THE SAME TRACT OF LAND WHICH STANLEY E. RTCHWINE AND JOYCE A. RICHWINE, NOW KNOWN AS JOYCE A. MILLER, BY THEIR DEED DATED NOVEMBER 16, 1993, GRANTED AND CONVEYED UNTO STANLEY E. RICHWINE, SAID DEED BEING RECORDED IN THE OFFICE AFORESAID IN DEED BOOK VOLUME 36q, PAGE 492. SUBJECT ALSO TO A RIGHT-OF-WAY AGREEMENT WITH THE NEIGHBOR ON THE NORTH REGARDING THE DRIVE-WAY BETWEEN THE TWO PROPERTIES. Parcel ID # 08-38-2175-012 Being Known As: 337 Old State Road, Gardners, PA 17324 ~~~i~$~` nAa C'~ a c') C. -" -~ - ~ mom; ~ : , . , ~x~ ,. 4; ~ "~ , ~, ~r~ ~ y c ._ ev :~ .c-' ~ b~ :~'.,' SHERIFF'S RETURN - NOT SERVED ~<~ iSCASE N0: 2001-04170 P ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY E ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: RICHWINE STANLEY E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT RICHWINE STANLEY E DEFENDANTS FILED BANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge So answer 18.00 6.50 .00 R. THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 34.50 MCCABE WEISBERG & CONWAY 07/25/2001 Sworn and subscribed to before me this ~ day of ~j A.D. Pr t ovary SHERIFF'S RETURN - NOT SERVED c CASE N0: 2001-04170 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE SERVICING CORP VS RICHWINE STANLEY E ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: RICHWINE CABBIE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED as to RICHWINE CABBIE L DEFENDANTS FILED BANKRUPTCY. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 6.00 .00 .00 R.~THOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 16.00 MCCABE WEISBERG & CONWAY 07/25/2001 Sworn and subscribed to before me this (r~'= day of A.D. Pr~o~iotary T~ _ ~. JUL.2®•2001 11~SlAM US BANKRUPTCY COURT N0.1331 P.2 ,w,.,., v..m n roron w.n r..,.., a ~. e PDRM H$ United States Bankfuptcy CDUft , MIDDLE ^istsic4 of BSNNSSLVAlT2A _ Name of Debtor GI Indlvldu4l, 4nrerlael, First Mlddl4); Name Of JOlnt DBhtOp Ispelws)(U+C Flnq ~flddl•)I RSCEWZNE, STANLEY E. RIOHWZNE, CAS91'P L, All Other fJamgs used by the Debtor In the last a years All Other Nerves used py tfle uolnt Debtgr In the last 8 years Ondvd• mprded, mald•n, •nd Indv nvmes)I (Invludv maal+d, mddan, and Ands nvm+•I: ~~ NWT I Sae. Sec.?ax LD. No. Ilf mvr+m•n vn5 unw+lll: Soc. See.?ax I,D. No. !rt men In•n enF •t~o•.Ilk Z9d-42-99Y7 226-Y3-2799 Street Address of Debtor (Ne, a sp•n dN, aww aAp Ceaq: $Geet Adtlrese of Joint Delptor (NV. s e1r4.1, Cle, Slow s ZIp Coed: 337 OLD STATLt ROAD 397 OZD 9TATP ROAAD GAI7DNER•S PA 27324 i faARDNER7 PA 17924 CeunN of Residence-Dr of the County of Raaldepce ail of fhe prlnd al Place o(Buslneas: CpDdBLrRLAl1D Pdnd I Place ail Bualnesu: CVDIDES7LAND Mall)nq Address a{Dehlor e(mrtumthvms4arndews4p tJalllnq AOdross o}Jaint Drhlai mamegmftvmewvt.denv): SAME* 3AfdE location of Pdnolpal Asssts op Bualaacc Dab{or ^ /1 Ql am4nmrrom n4w(aoarest a4w4)r NOT APPLIraarr ~ _ In 1 ~e ^ ^ w^ 1 tlg 'r/ i fVanuo (Check any epplloehle bax) ~' ~$ Daptar has, been domlChep or has had a reai4ence, prlnolpal plane of business, or pplnclpal aessts fn Ihls Dlstridlor 160 gays lmmedistaly preaeding the dale of this pedtlon or tar a longer part of sueh 1a0 days thaq in spy other Dls(rlet ^ Then Is a bankruptcy case oencarning debtor's afpllale, garlefal penn•r, or paftnepshlp pending In tills Dletrlcp Typ•oT Oebror (Check ail hoxe6 that apply) Chapter or Section dl Bankruptey Coda Under Whleh Individual(s) ^ Railroad the P•t)0nn is filed {Chock one box) ^ cafporalion ^ Stockptokap ~ Chaptcr7 ^ Chaptertt ^ C1lapter l9 ^ Partnarchlp ^ Cammodiry Broker ^ Chaptef 9 ^ Chapter 12 ^ Othef ^ Sae, S04 • Case ancillary to farelpn p!oceedlnq Ngture of Debts (Check one pox) I FIIIna F•• (Chnelq one ba10 Cgne4merMaR~Baslna6s ~ Business ® FuP Flling Fee anaehad ~ Chapter 11 Smnll Business (Cheek ep poxes that appy) Q Fplpg Fes tq 6e paid In Installments (Applkablero Indtylduala only) Q Cehtdr Is a small business as deRned In 11 U,S,Cr § 101 Muap attach slgnod appllcatlon lop Ihq equn's consldapatlon ^ Debtor Is and eleMS to De considefed a smell business under oanlMng that the deploy is unablD to pay feeexaept In Installments, 11 U.S.C. § 112i(e) (Optlongl) ~ Rule 1006(6). Seo 0(Rclal Fgm9 No. p7. StHtI3BCgIlAdlllfnlatrdliye lDTOrmalfan (ESllmatae only) THIS aP(CSIS Fpp COORT JSE ONLY /'+ ® OebMr eellmeles that funds will be available !or dlsMhullan ~ unsecued C;oditas.. r-. b^> Oe6tar esllmetas that, agar any exampf propeRy Is excluded and admin~e!rdYvs expenses ','_' _~' ' j,. paid, !here will Deno lunde avgllgbla for distrlbutlah to unsecured uadl!nra, _ ~n r, ~ ) 7 ' l u • J ~ ~ ~, Estimated Number of Credltols 1-16 1a•ee Sdaa 100-069 70SBBe 1age.ver i GA y~= ^ ~ ^ D Q ^ ..~, ~~ ~, ... J EstlmatedAssels _ ~ ~ ~ som $ea,ooim 510a,ealw ssga,aglm s1,000,daim 51a,aQa,D71m 560,0oa,0olm Mvwth+n tV -~~ ~~ n ' fso,ao0 algo,oo0 5500,000 si mllllvn Sle mllllvn t6D mllllpn Si0o m01ivn fl0a mllllvn u- Estimated Debts sqm S6o,001m 5100,o011v S90o,001m 51,0.V,a0114 s1aa00,0a1m SSpa00,0g9m Mvn than 660,000 sloa,a00 a6o C,0 eq St mllllpn $10 milfvn $6a tallpvv $tno mllllvn F1o0 mllllvn ,~ 1 ^ ^ Ip>+ ^ ^ L.I u ^ JUL 27 20~ui 12 11 PRGc.Pl2 ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Firat Union Building 123 South Sroad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff ConSeco Finance Servicing Corp. Cumberland County -- r . __ ' f/k/a Green -Tree- Consumer ___ Court-of_Common Pleas Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE ~ AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims setforth againstyou. You aze warned thatif yc>u fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or far 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. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERfi YOU CAN GET HELP. Cumberland County Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 2493166 Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dins de plazo al paztir de la fecha de la demanda y la notification. Hate falta asentaz una compazencia escrita o en persona o conun abogadoy entregaz a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomaza medidas y puede continuaz la demanda en contra soya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TALSERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Baz Associaion 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 5 McCABE, WEISBERG AND CONWAY, P.C. HY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)- 790-1010-- - -- -- - Attorney for Plaintiff Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered ____ _ a mortgage upon the. premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 $ 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. _ -_ 9._.. _Notice__of_Intention to_Foreclose a_s required by,.Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff In T~s;-.. unto set my bland and th,; :, ., ~... , ,. !~ ~ .. ;:erlisle, Pa. ..._~0 c. ~ o. ~C......., ~?l. This ............~~... /C. ~~ ,..• ....... r~.,~~~gnot~~l " VERIFICATION - _._.. The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE ,. , ~,. ~~i ~ .c(;Oi~.D~ii Qi~ OEECS .. -'Co"maioareealikbftPeurtsilviaTnYa ~':: Y Space Above 3Lis Line For Recording Data ,98 ~~,~ 2~ fl~ ~p OPEN-END MORTGAGE APPlica~ n#Zk 6 9 0 098 0 678 This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ••, May 19, 1498 and the parties, their addresses and tax idctttification numbers, if required, areas follows: MORTGAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS $Y THE ENTIRETIES s ^ !f checked. .refer to the_ attached. Addendum•incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ••' Camp Hill, Pennsylvania 17011 -i; 2. CONVEYANCE. Fdr•good anti valuable consideration, We receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (deftned below) and Mortgagor's perfotmattce under this Security Insttttment, Mortgagor grants, bargains, conveys and moitgagesito'Lender the following described property: ~, See E$h.ibi.E' A,; ~ .~'•• r , The propetty is located in .............Co¢berland........................................ at ................................................ (county) .;_ ... ' ~~ ~~ ~~ Gardners 17324 ........ ......................................... ................................................... Pennsylvama .........,......... ' (Address) (City) (ZIP Codc)~•.•~• Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and furore improvements, stmctures, fixtures, and replacements that tray now, ar at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MA}QIVIIJNI OBLI~~T~(~ LIT, The total nnci al amount secured b this Securit Insuumem at any one time shall not ...... P .. P Y Y exceed $ ......................................... This limita[ion of amount does not include interest and other fees aad charges validly made pursuant to this Security Iustrament. Also, this limitation does not apply to advances made antler dte terms of lbi9 Security Ituttwnent to protect Lender's security and to perform any of the covenants contained in this Security Instrument. , 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of alt promissory note(s), contract(s), guaranry(s) or other evidence of debt described below and all their extensions, renewals, modifications or sabstitudons. (Yt'hen referencing the debts below it is suggested that you include items such as borrowers' names, Hate amounts, rnterest rates, maturity dates, etc.J Note dated May 19, 1948, tJetween Green Tree Consumer Discount Company and Stanley E ~ i L ~t~c it~~~y, for 595,500.00, maturing May 23, 2023. iiN: N LV 1 - , ~ E 0T FOR FN , FH c, FHA OR VA VSEI $60~ /page 1 f ) _ Z~S~PACE iB8.9 nS~l ~ (~, ®1994 9mk"re 9Y111184 ~ ~' Cloud, MN It-80649]-23411 Form PE~MTGPA 12(19/94 , Fozm TD # B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrumert is specifically referenced. if more than one person signs this Security Instnuneat, each Mortgagor agrees that this Security Instrumen[ will secure all future advances and future obligations that are given m or incurred by any one or more Mongagor, or any one or more Mongagor and others. All future advances oral other furore obligations are secured by this Security Instrument even though all or part may not yet be -- -- advanced Alt furore advances and other future obligations are secured as if made on the date of this Security-Instrument. Nothing in this Security Instrument shall wnstitute a commimtent to make additional or future loans or advances in any amount. Any such wmmiwen[ must be agreed to in a sepazate waiting. C, All obligations Mortgagor owes to Lender, which may later arise, to the extent no[ prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mongagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting dte Property and its value and any other sums advanced and expenses incurred by Lender umler the terms of this Security Instrument. - Tbis Security Instrument will not set~ure any odter debt if Lender fails to give any required notice of the nigh[ of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6, WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or wil] be lawfully seized of the estate conveyed by this Securl[y ]nstnunent and has the right to grant, bargain, convey, sell, anti mortgage the Property. Mortgagor also warrants that the P[operty is unencumbered, except for encumbrances of record. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mongagor agrees: A. To ntalce ail payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from dte holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreemen[ secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other chazges relating to the Property when due. Lender may require Mortgagor m provide to Lender copies of all notices tha[ such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Sewriry Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have agxinsi parties who supply tabor ar materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declaze the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer ar sale of dte Property. This right is subject to the restrictions hnposed by federal law (12 C.F,R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrumen[ is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and gasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permi[ any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mongagor, and of any loss or damage to the Property. BOOkI~~PAGE, 69O c~ raae_S:-~' ®ieB40ai9oen Syabm4 lac.. 5[. CIOYJ, MN P-8OP98]-23417 Form RE-MTO-PA 12/19184 , Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor nonce at the tithe of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shat! be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. Il. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security -- Instrument,-Lender may, without notice; perform-or-catue them-ro be-perforated.-Mottgagor appoints Lender-as aaomey in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights utuler d+e law or this Security Instrument. If any construction on the Property is tliscondnued or not carried on in a reasonable manner, Lender may take a!1 steps necessary ro protect Lender's security interest in the Property, including completion of the constmcdon. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bazgains, conveys and mortgages m Leader as additional security all the right, title and ]merest in and to any and all existing or furore leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rears, issues and profits (all referred to as "Rents"}. Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so tong as Mortgagor is trot in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties ro this Security Instrument and effective as to third parties oa the recording of this Security Instnunent, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees drat Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly io Lender after such recording, however Lender agrees not ro notify Mortgagor's tenants anti! Mortgagor defaults and Lender notifies Mortgagor of dte default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of defaul[, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents wilt any other funds. Any amounts collected will be applied as provided in this Security ]nstrument. Mongagor warrants drat ao de[ault exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the Berms of dte Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mongagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will tie in default if a breach occurs under the terms of this Security Instmment or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also rnnstitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mongagor with notice of dte right to cure or other notices and may establish time schedules for foreclosure actions. Subject to dtese limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instmment and any related documents. All remedies are distinct, cumulative and not exclusive, and dte Lender is entided to alt remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on rke Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. ®19849nnkma 9nl«n", bc.. sl. Cbu9, MN It-90V99]-23011 Form RE•MTG-PA 12/19/94 ( ~~ fpe '~ gOGkZ~S4.PAGE :gam' 16. E~ENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender For ituuring, inspecting, preserving or otherwise protecting dte Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all vests and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. -- - This amount may include, but is not limited to; attorneys' fees; court costs,-and-other legal expenses. This Security instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Eavirotvnental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and al[ outer federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means arty toxic, radioactive or hazardous material, waste, pollutam or contaminant which has characteristics which render the substance dangerous or potentially dangercus to the public health, safety, welfare or environmem. The term includes, without limitation, any substances defined as "hazardous material," °roxic substances," "hazardous waste" or "hazardous substance" ubeer any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing m Lender, no Hazardous Substance is or will be located, stored or released on or is the Property. Phis restriction does not apply to small quantities of Hazazdous Substances that aze generally recognized to be appropriate for the normal use and maintenance of the Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant Lave been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Len!ter if a rele~e of threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning dte Property. !n such an event, Morteagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall irnntediately notify Lender in writing as soon as Morgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Leader prompt notice of any pending or dtreateced action, by private or gubhc entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and veil] be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, thefr and other 6azazds and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Progeny according to the terms of this Security Instrument. All insurance policies and recewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause.' Mortgagor shall immediately notify Lender of eance]lation or termination of the insurance. Lender shall have the right to hold the policies and renewals. ]f Lender requires, Mortgagor shall immediately give W Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give inunediate notice to the insurance carrier and Lender Lender may make proof of loss if not made immediately by Mortgagor. eolac~454n1cr; .892 -~1~ rv3g , r ®1996 9enke,e SYneme, Nc., 51. loud, MN-IT=9G0387-3341 ~ Po,m RE-MTG-PA 12/1 W8a v Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess wilt be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately befotu the acquisition. 2D. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mongagor will not be required m pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mongagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file ally addidotud documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrumem are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Seared Debt and Mortgagor does not agree to be personally liable on the Secured Debt. 1f this Security instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any pony to this Security Instrument may extend, modify ar make any change in the terms of this Security Instrument oe any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security instrument. The dudes and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABIE.ITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisuiceion in which Lender is located, except to the extent otherwise required by the laws of dte jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in [his Security Instrument, attachments, or any agreement related to the Secured Debt drat conflicts with applicable law will trot be effective, unless that law expressly or impliedly permits dte variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of dte remainder of this Security Instrument. Whenever used, the singulaz shall include the plural and the plural dre singular. The captions and headings of the sections of this Severity instrument are for convenience only and are not to be used to interpret or define the terms of ibis Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering, it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice m one mortgagor wi}1 be deemed m be notice to all mortgagors. 25. WACVERS. Except to the extent prohibited by law, Mortgagor waives any right to appmisement relating to the Property. BOiIK~,~S~PAGE yBg~ ~, ~, ' me ~~ ®1BBa 9u+k,n SY~«m,. Inc.. 5l. Cloud, MN p-BOP38]330A rn~N&M7GAA iQ/t9/94 ~ 26. OTHER PERMS. If checked, the following are applicable to this Security lnswment: ^ Line of Credit. The Secured Debt includes a revolving Iine of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect un61 released. ^ Construction Loan. This Severity Inswment secures an obligation incurred for the construction of an improvement on the Propetty. ^ Fixture Fling. Mortgagor grants to Lender a severityinterest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Atticle 9 of the Uniform Commercial Code. ^ Purchase Money. This Security instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be conswed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROR'ER: THIS DOCUMENT CONTAINS ;aROVISIONS FOR A VARIABLE INTEREST RATE. ^ Riders. The covenants and agreements of each of die riders checked below are incorporated'into and supplement and amend the temps of this Severity Instrumem. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Other ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Inswment and in any attachments. Mortgagor also aclmowledges receipt of a copy of this Security Instrument on the date stated on page 1. (Signature) nley E Richwine tDBte) // ~ (Witness) . ...(/.....~,/..~ ............................. ...~~...~.o~-~..-~..~ :..............~................. ~.a~~t ts'g>umre) Cassie L Richwine (Date) 1 two ACKNOWLEDGMENT: `Q~ L y ss. COMMONWEALTH OF ....P.ezms .lsania ................. COUNTY OF ~?^.^~•^.............................. ...., (tvcniCiaD On this, dre .....1.9th......._... day of .May..19-98 ................................ before me }-??^rr~.~-J..Ja.~.s.~",--.. the undersigned officer, personally appeazed .StanLey..).S.iehw.irre. Cassi.e..L.Blchmine ......................... .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the widtin instrument, and acknowledged that be/she executed the same for the purposes dterein contained. In witness whereof, I hereunto se[ my hand and official seal. ~~ .~f11 tprti55ion K~r. .,......,,, ^ , :~ Notarial seal :; ~• s g.- $ 4onrrey H. Grove, Notary Public "rw • ~~:: ~ ~. Lowar Paxton Twp., Daupphin Cou~1Ey •Eir~'y" : ~ My Commission Expires April 17, 2000 .... ~:. ~..~ =4ti_S h ~ 3 Tde 4f ORwer .- •. ~ ~ ~ Graen Tree Ceuaumer D acoupt C an [t~ ~ ~ the address of the Lender wrthtn Hamer! is :............................................................................ 34dJ~, rt ~ ~ Sve auite 118. Camp Hill, Pennsylvania 17011 BOONI~~PAGE ~~ ®1994 Bankers 9yarcma, Inc., Bc Cl9uq MN Il-BOC-39]-23411 Fo,m REiJITGPA 12f19Ie4 IPd98 B of 6J ,. ''_ Exhibit A Legal Description: BRIEF LEGAL D&SCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND C06IlNONWEALTH OP PENNSYLVANIA BEING MORB FULLY DESCRIBED IN DEED DATED 05/14/1998 RECDRDED 05/11/1998 APPEARING AMONG TH6 LAND •- RSCORDS OF THE COUNTY AND STATB SET PORTH ABOVE IN bEED-BOOK VOLUME Q=36 PAGE 495 Parcel ID: 08-38-2175-012 Y State of PennaYfvanf0 tt County of Cumperlandr $8 Recorded in ttos office for the recording of peels ect, andf~u erlamSCourny~ic3 in Roo Yot..___ with ss y hsn i ~ Carli PA Recorder aook 1454 race 895 V ~~ 11 V V .i i, i. ~ 't I! 3 T~ ~ ~. 1(1(' i .~ i. ' Alt§i~~'J ; : ~!ill3 d~IN~Hri ~;::.r,~~,;a:~0 McCABE, WEISBERG AND CONWAY, P.C. BYt TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Fi;`st Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. Cumberland County f/k/a 'Green Tree Consumer Court of Common Pleas Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 ®~- ~~°7~ n ~/ and ~liti/ Cassie L. Richwine 337 Old State Road Number Gardners, PA 17324 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE ~ AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claimssetfoxth againstyou. You aze warned thatif you fail ro 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 ether claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Le han demandado a usted en la torte. Si usted quiere defenderse de estas demazldas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al paztir de la fecha de la demands y la notification. Hate falta asantaz una compazencia escrita o m persona o convn abogadoy entregaz a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la coxte tomaza medidas y puede continuaz la demands en Contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del denumdante y requiexe que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. YOU SHOULD TAKE THLS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland Comtity Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV ICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 McCAHE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE IdenCification Number 16496 FirsC Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 -- Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company . 7360 Kyrene Road .. Tempe, AZ 85283 . v. Stanley E. Richwine 337 Old State Road Gardners, PA 17324 . and . Cassie L. Richwine 337 Old State Road Gardners, PA 17324 . Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 337 Old State Road, Gardners, PA 17324. 4. On May 19, 1998, mortgagors made, executed and delivered _ a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 03/23/00 through 6/29/01 (Plus $25.69 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 93,933.08 $ 11,894.47 $ 4,696.65 $ 2,153.17 $ 1,657.00 $ 4,682.56 $ 225.00 $ 125.00 S 200.00 $119,566.93 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. - ____-______ 9_.__. Notice_of__Intention_to_Foreclose a_s_required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Aefendant by regular and certified mail. Plaintiff demands Judgment against the Defendants in the sum of $119,566.93, together with interest at the rate of $25.69 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ~ /// ,~, ~/bf TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff TRUE C®PY FRC9o~i RECQ~RD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisie, Pa. This .....lp......... day cf.G~......, a.Q~.l.. .................. ~~..... I~.:.. °" Prothonotary L~ VERIFICATION __ -- -- The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. / ! ~. ~~~. TERRENCE J. MCCABE .., ,.~~ ~~i~ .,,.: ii ' '~li:~l.Eri , tJ.:^ ._ 'UD"'ii1 ~ 1 ~ ll~~"''~'• (Commonwealta 64 P~,'s~lCaaia - Ahove This I,iae For Rerortlutg Data '98 ~fl~ 2J. fl~ 10 OPEN-END MORTGAGE APHlicat~ n$~t 690098 Bea Thrs Mortgage secures future advances I. DATE AND PARTIES. The date of this Mortgage (Security Instntment) is ,,,May 19, 1998 and the parties, their addresses and tax identification numbers, if required, areas follows: MORTGAGOR; Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS HY THE ENTIRETIES ^ !f checked, _refer to the, attached. Addendutn,incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ••' Catrip Hill, Pennsylvania 17011 :.:•• ~ , 2. CONVEYANCE. Fbrgood and valuable consideration, the receipt sad sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance tinder this Security Instrtment, Mortgagor grants, bargains, conveys and moi tgagt6stto Lender the following described property: r .. see ESZhibit' A ~ r "•• r The property is located in .............Gtxrt;!erland................ (County) :.`.SF: Gardners ' (Address) ........................ at ................................................ .........., Pennsylvania .17324 .................... ............. (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that tray now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM 0$LI~~.T~t~ L~T. The total principal amount secured by this Security Instrument at any one time shall not exceed $ ..................................................... This limitation of amoum does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made turder the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. , 4. 5ECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranry(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referendng the debts below tt is suggested that you include items such ar borrowers' names, note amounts, interest rates, maturity dates, etc.) Note dated May 19, 1948, between Green Tree Consumer Discount Company and Stanley E i e L ~c ii~~, for $95,500.00, maturing May 23, 2023. i1,Yy_y N LV 1 E OT FOR FN .FH L, FNAORVAUSEI eaoK1454vac~ ,989 ~ (Page] f~l ®1994 aent"n 9vafm.n, ne., St CIauE, MN 11-a0b99]-20411 Ferm RE•MTGPA lP/t 9/94 ~ '~ ,~ Form ID tjillla4 :a ~ ...... _ :: ~i . ... .,w.,... _.... h:. B. All Cuture advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instmment whedrer or not this Security Instrumem is specifically refereed. If more than one person signs this Security Instnument, each Mortgagor agrees that this Security Instrument will secure all futwe advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. A11 future advances and other furore obligations are secured by this Secarity Instrument even though all or part may not yet be advatced. All future advances and other-future obligations are secured as if made on the date of this Security Instroment. Nothing in this Security Instrument shall constitute a commimtent to make additional or future loans or advances in any amoum. Any such commimtent must be agreed to in a sepazate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the exten[ not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mottgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required nofice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is ar will be lawfully seized of the estate conveyed by this Security Ltstrument and has dte right ro grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. PRIOR SECURITY INTERESTS. With regazd to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mongagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any furore advances under any note or agreement secured by the lien document without Lender's prior written consent. g. CLAIMS AGAIIQST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender tray require Mongagor to provide to Lender copies of a[1 notices drat such amounts are due and the receipts evidencing Mortgagor's payment. Ivioitgagor will defend tide to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declaze the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F,R. 591), as applicable. This wvenant shalE run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not cotnntit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the aamre of the occupancy and use will not subseantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of at] demands, proceedings, claims and actions against Mortgagor, and of any loss or ttamage io the Property. eoa111959vac~, 890 ~ ~g9~ ®1884 6ankew Sysnm,, Inc.. SL CIOUJ, MN 19.80638]-33411 Fo,m 0.&MT~-PA 11119/96 _ ~ • ~ ~ . ` - I .~ ~.~> _ .. : . ik'wft<.: Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. Sf Mortgagor fails to perform any duty or any of the covenants contained in this Security --Instrument,-Lender may,-without notice, perform-or cattse-them-to be performed. Mortgagor-appoints-Lender as attoroey in fact to sign Mortgagor's frame or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perfomt wiSl not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. [f aoy construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary [o protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mongagor irrevocably grants, bargains, conveys and mortgages to Leader as additional security all the right, title and imerest in and to any and all existing or furore leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreemems (all referred to az "Leases") and rears, issues and profiu (all referred to as "Rents"}. Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security ]nstrument. Mortgagor agrees that this assignment is immediately effective between dre ponies to this Security Instrumem and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents tine or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenaa[s until Mortgagor defaults and Lender notifies Mortgagor of the default anti demands that Mortgagor and Mortgagor's tettams pay all Rents due or to become due directly to Lendec. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and. will receive any Rents in trust for Lender and will twt commingle the Rents with any other funds. Any amounts collected will be applied az provided in this Security Instrument. Mongagor warrants that as default exists under the Leases or any applicable landlvrdltenant law. Mortgagor also agrees to maintain and require any tgnant to comply wieh the teems of the Leases and applicab[e law. 13. LEASEHOLDS; CONDOMIlVIUMS; PLANNED UN1T DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instnmtent is on a leasehold. If the Property includes a unit in a condominium or a planned unit developmem, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secuted Debt fails to make paymem when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt, A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of tite tight to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a roamer provided by law if Mortgagor is in default. At the option of Lender, all or any pan of the agreed fees and charges, accrued interest and principal shall become immediately due and payabie, after giving notice if required by law, upon the occurrence of a default ar anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by (aw, the teens of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entided to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debc after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right m require compiete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 01884 B~4m"Sya,mn". bc.. 54 CIODU, MN tl•600.99rd9dit Farm R&MTG~PA 12119/94 S ~~ rpe g001tZ~~PAGE ~~ 16. E7CPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohihired by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the tilghest interest rare in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all vests and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instnrment. _- This amount-may includes but is not limited to, attorneys'-fees, court casts; and other-legal expenses.-ibis-Security instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or inrerpreGve letters concerning the public health, safety, welfare, environment or a hazardous substance; and {2) Hazardous Substance metros any toxic, radioactive or hazardous material, waste, pollutant yr eonrart>_lna~t which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environmem. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under nay Environmental Law. Mortgagor represems, warrants anti agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazazdous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazazdous Substances that are generally recognized ro be appropriate for the normal use and maintenance of rite Property. B, Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and sha(1 remain in full compliance with any applicable Environmental law, C. Mortgagor shall immediately notify Lender if a release or dareateaed release of a Hazardous Substance occurs on, under or about the Property or dtere is a violation of any Envirotunental Law concerning the Property. in such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any gentling or dtreareced action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name.in any of the above described actions or claims. Mortgagor assigns to Lender dte proceeds of any awazd or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instruroent. This asssgnment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE, Mortgagor shalt keep Property insured against loss by fire, flood, thefr and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insuratu.~e shall be chosen by Mortgagor subject to Lendei s approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instmment. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "toss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Leader shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shalt immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to dte insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. gaacl454rac>~ .832 ®19949"nkas Srrtome, NC., SC Cloud, MN t1-90639)4341) F",m PE-MTG-PA 12/19/94 Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to dte Secttred Debt, whether or not then due, at Lender's option. Any application of proceeds ro principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid [o the Mortgagor. If the Property is acquired 6y Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND IIVSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required m pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lettder may deem reasonably necessary. Mortgagor agrees to sign, deliver, atsd file any additional documents or certificarions that Lender tray consider necessary to perfect, eontinue, and preserve Mortgagor's obligadotu underthis Security Instmment and Lender's lien status on the Property. 22. JO[NT AND INDIVIDUAL LIABIL[TYg CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument aze joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Properly ro secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party Indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency ar one-action laws. Mortgagor agrees that Lender and any party to this Security Inst[ttment may extend, modify or make any change in the terms of this Severity Instrument oe any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security instrument. The dudes and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. 17ds Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except [o the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is comptere and fully integrated. This Security Instnunem may not be amended or modified by oral agreement. Any section in this Security Instrument, attachmenw, or any agreement related to the Secured Debt drat conflicts with applicable law will not be effective, unless that law expressly or impliedly pemriu fire vaziadons by written agreement. If any section of this Security Instrument cannot be enforced according ro its terms, that section will be severed and will not affect the enforceability of dte remainder of this Security Instrument. Whenever used, the singulaz shall include dte plural and the plural dte singulaz. The captions and headings of the sections of this Security Instrument are for convenience only and are not ro be rued to interpret or define the terms of this Security Instrument. Time is of the essence in this Security instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering. it or by mailing it 6y first class mail to the appropriate party's address oa page 1 of this Security Instrument, or to any odter address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WACVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. eoux1454 vacE ,893 ~ rg~ ®18AC ao~kp. Syaxems. Ine.. SL~goad, MN ~1-80?387-2941] Farcn A&M7G-PA. 13/t9ryd ~~ ~ , ~ 2ti. OTHER TERMS. If checked, the followirtg are applicable to this Security lnstntment: ^ Line of Credit. The Secured Debt includes a revolving Line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrtment will remain in effect until released. ^ Construction Loan. TI»s Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ^ Fixture Flhrg. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrtment suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Anicle 9 of the Uniform Commercial Code. ^ Purchase Money. This Security lnstnunent secures advances by Lender used in whole or in pan to acquire the Property. Acconlingly, this Security Instrument, and the lien hereunder, is and shall be wnstrued as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ^ NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A JARIABLE INTEREST RATE. ^ Riders. The covenants aad agreements of each of the riders checked below are incorporated into a»d supplement and amend the terms of this Severity Insurment. [Check aB applicable boxes] ^ Condominium Rider ^ Plaaned Unit Development Rider ^ Other ................................................... ^ Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the teens and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrumem on the date stated on page 1. (signature) nley E Richwine 479ce) ts'sn811e) Cassie L Richwine lDat°) ......... ... .... ...... ..... ................................ ......... ...................'C...y~" """'..""...................... (Witness) t'~ (Wi ACKNOWLEDGMENT: Cum ~o.•~L ss. COMMONWEALTH OF ....P,ermsylvania ................. COUNTY OF..........~T~..^.............................. ...., (m9;rim,.e On this, the .,.._1.4~h........... day of May..19.48 ................................ before me 1-4::!~.°t..Sa ~.4.`~.-,':`.-'.. the undersigned officer, personally appeazed .Stanley..E..t;.ichwina.Cassi.e:.L.&iehaxine ........................ .......................................................................................... known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that be/she executed the same {ar the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ,. n .'a1` ... ..:~.r •)'q Notari~l Nal ..... ......................................................... .....,; * ~ : ' U Lon , Ota.cv,~i-s•~x 's g.. y to Public ;. ~ie• ' Lower Paxton Tw . Oauphrn Cou .. , •: c; .. ,.;_9~t+!~' A any y r3« My Commission Expires pril 77, 2000 = . q~- ••- n ate.. ~ .. : ^3~i'f ~ ~ Tnle of Officer -y~'~•. ~ f Green Tree Consumer D19count Company [t~lt2re'by'~ , the address of the Lender wrtlun named is :............................................................................ ;qb'J,'. ~ ~~ ve Suite 118, Camp Hill, Pennsylvania 17011 .. b. __ ._ ...................................................................................................................................... BOONI~~PAG£ ~~ ®1994 [kNas Synana, Irk.. Se Clquq, MN 11;90G38'F23411 Form flEiJITGPA 12f19/94 _ /Pd99 6 of 6~ ~s ..... _ _ .a _ _ _ mar; e M y. Legal Description: ExhibiC A BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED ZN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OP PENNSYLVANIA BEING MORB FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LAND RBCORDS OF THE COUNTY AND-STATE SET FORTH~ABOVE IN DEED-BOOK VOLUME-Q=36--FAGS --- -- 495 Parcel ZD: 08-38-2175-012 State of Pennayfvank t County of Cumberland) $$ Recorded in the office for the reoOMtng of peede ect. and~~~eriand Courdy~+cj in. vol..... u hand.an~at of ofrtc~,,,.) •- aooki454race 895 i ~ t , ., ~~~~~ ~~~~~ ~, ~ ,ne ra ~i~ ~~c ~:;~t:-. i : . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine Cumberland County Court of Common Pleas Number 01-4170 CIVIL AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 11th DAY OF JANUARY, 2002, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." ~~Q~-~~ TERRENCE J. McCABE, ES IRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 11th DAY OF JANUARY, 2002. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Lassie L. Richwine Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01-4170 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 337 Old State Road, Gardners, PA 17324, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Stanley E. Richwine, Lassie L. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Stanley E. Richwine, Lassie L. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Commercial Credit `~~ 210 Lake Drive East Woodland Falls Corp. Park Suite 105A Cherry Hill, NJ 08002 And Citifinancial 7467 New Ridge Road `Suite 222 r~~ver, MD 21076 tact: David Parks IMC Mortgage Company 5. Name and address of every record interest in or record lien interest may be affected by the sale: Name None. 25 Blackstone Valley Place Lincoln, RI 02865 other person who has any on the property and whose Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s)/Occupant(s) 337 Old State Road, Gardners, PA 17324 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 11, 2002 ~~n' .~, Y ~S~ `~ TERRENCE J. McCABE, ESQ IRE Attorney for Plaintiff DATE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine DATE: January 11, 2002 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01-4170 CIVIL TQ: ALL PARTIES IN INTEREST AND CLA]:MANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Stanley E. Richwine and Cassie L. Richwine PROPERTY: 337 Old State Road, Gardners, PA 17324 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on March 06, 2002 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. I ~s„ v r~ I~~ A ~ .. I ~ ~ ~ i ~-1~d v IA ~lT N ~O ~~ A W N i 0! O CO f V~ O ~ [T 3 A I W~ N. _~ '. T O 3' w V c O c .~'. N _ O 0 d nZ ,~ c m ~m ~~ '~ m' I i `m a .p1. 0 m f S m d _ __ m m m ~~ a s~~~~~ @~~~~ H a °~ s~~~~a m ~ a~~.~~Q= ~~e°~~ 3ag~~,~ ~.~~3~a pipa ° ~ ~ Om~~3~ ~tt~~~ 58~^~~ ~~$~~ m~3~~~ ~~~~sm ~g. ~3 ~~~ma3 3 ~ ~~~ ~N3 ~083~~ 3~~3E•2 ~m m~~~ ~~~~$~ C~v~o ffiBm B~ n ro n d H w y m ma' k wn m ` P ~ w w ~ x1 t ~ c ° ~ o r' n ~ rr n , o a m n ~ ~ w ~ ro x ~ m to .A P+ rt V ~ ~ r~ hs r N H Y- to ~ p, n p a h m W H ~ ~ ~a° U7 N "C '~ ro F, a m ;Z ~~~A ~/z~® Y`~+ ~ / 9 ~~ nxcn~n O a G ~ Y- p p Y• m rt rt 0 c* ~t r- rni-H NS N N ~ ~ N• N N (D~ 1-+ J ~ m a I d Y• ro a ri' m -~. ~~ fro ~ ~„~," ~~~ ~ F y A 4 D C=2n a ~~ZG f~ ~ c WDC~ i C m ~ otvH ~O( ' ' ~ m~e ~~ ~ ) nmENn pnooo ~ G ONO _ (D Y• O o ~ Dn ~ ~ m tt t> ~ x n ~' " g' ~ m -- + ~ xoR.rn w z . r- vi a d -`~ r~nit7N m ~ a ~t ~ N ~ n z m m m d ~ nnn^ G P+ n w ~r a ~ ~~ a f1' O IoF O 3 { h~ N7 ° a ~ ~ o o f O n ~ ~ ( ] . O Q0 N N ~ ~ ?' ro ~ a .--- 4 m ~ a ~ ~ • ~ a i ~ ~ m -- ^~ •n ~ox7;-fie r _ z~~~e« ~Of nm3°z r~ ~ R ~a~ a ~~ ~~ mN m~ N y m= N '~ m0 ~p mA ~. 4s~^:rs:.;€~.:~I+au a ,.'... .-. +x . w,..`.,.:,:. ..,:..; - ...;:;.. ,.'v ~-s:,s-.a,.as6~,ar~i~w`~mm~taa~airva~ar~aua~+:r~mbNat~ttb~h~^r C'j ~. ~~ _ 1'J i. "f. _s:~ _ ~ i~ " ~'~ k;: _- C.. ;.~ -' ~ n :i PJ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine Attorney for Plaintiff Cumberland County Court of Common Pleas Number 01-4170 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stanley E. Richwine and Cassie L. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 Your house (real estate) at 546 Mountain Road, Boiling Springs, PA 17007, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $122,675.42 obtained by Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING TEARENCE J. McCABE 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215)790-1010 FAX (215) 790-1274 November 9, 2001 Sheriff's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 SUITE 600 216 HADDON AVENUE WESTMONT, N7 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 503 53 WEST 36'" STREET NEW YORK, NY 10018 (917)351-1188 FAX (917) 351-0363 Re: Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Cassie L. Richwine Cumberland County Court of Common Pleas Number 01-4170 CIVIL Dear Sheriff: Enclosed please find three Notices of Sheriff's Sale of Real Property relative to the above matter. I would appreciate your serving the Notices upon the Defendant(s), Stanley E. Richwine and Cassie L. Richwine, at 12 North Hanover Street, Apartment 14, Carlisle, PA 17013. After service has been effectuated, I would appreciate your forwarding to me the pertinent affidavit indicating the same. Thank you for your cooperation in this matter. Very truly yours, ~~~~ TERRENCE J. McCABE, Esquire TJM/kcl Enclosures ~.. _. _.. y :.:.• ••• ~-'f~ee~v'M/b1cb~Yr3:s%az~neikwa3~axinaavs~,-7+nz x - '.~i~A&PiM'~111 ".°`~AMN4~mAMNx ~stll~M1hl (-°'~ i'~ ~ i ; "Tl n~rr O ~ _ - ~ :~' i r - -C „-- `- ~..-y 5,-3 fir; ~s ~ .;, -, __ ~~ ~ ~~; o ~ ., ~ T LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF THE ELLA N. MYERS ESTATE; THENCE NORTH 66 DEGREES 25 MINUTES WEST, A DISTANCE OF 228 FEET TO A POINT, IRON PIN; THENCE STILL BY LAND OF THE SAID ELLEN N. MYERS ESTATE, NORTH 19.50 DEGREES EAST 55.3 FEET TO A POINT, IRON PIN; THENCE ALONG TRACT N0. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS . SOUTH 66 DEGREES 7 MINUTES EAST, A DISTANCE OF 228 FEET TO A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY; THENCE ALONG THE CENTER LINE OF THE SAID HIGHWAY, SOUTH 19 DEGREES 20 MINUTES WEST, A DISTANCE OF 54 FEET TO A POINT. BEING IMPROVED WITH A SEMI-FRAME BUNGALOW AND BEING TRACT N0. 11 AS DESIGNATED ON PLAN OF LOTS ADOPTED BY LENA KATHRYN KUNTZ, ET AL, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK N0. 10, PAGE 52. BEING THE SAME TRACT OF LAND WHICH STANLEY E. RICHWINE AND JOYCE A. RICHWINE, NOW KNOWN AS JOYCE A. MILLER, BY THEIR DEED DATED NOVEMBER 16, 1993, GRANTED AND CONVEYED UNTO STANLEY E. RICHWINE, SAID DEED BEING RECORDED IN THE OFFICE AFORESAID IN DEED BOOK VOLUME 36q, PAGE 492. SUBJECT ALSO TO A RIGHT-OF-WAY AGREEMENT WITH THE NEIGHBOR ON THE NORTH REGARDING THE DRIVE-WAY BETWEEN THE TWO PROPERTIES. Parcel ID # 08-38-2175-012 Being Known As: 337 Old State Road, Gardners, PA 17324 F s Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company VS Stanley E. Richwine and Cassie L. Richwine In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4170 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. Sheriffls Costs Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 9.10 Levy 15.00 Advertising 15.00 Certified Mail 9.12 Poundage 9.43 Law journal 225.10 Patriot News 97.50 $ 480.95 paid by attorney 3-07-02 Sworn and subscribed to before me So Answers: This /yet day of ~~~ l,1 ~ ~~~ R. Thomas Kline, S eIf n 2002, A.D. ~ `' BY~~ t~0 Prothonotary Real Estate Deputy 1~ x,12. 35' S 4 `( (Rzc~' /2 ,~ S3a ffi , s 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company v. Stanley E. Richwine and Lassie L. Richwine . Cumberland County Court of Common Pleas Number 01-4170 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 337 Old State Road, Gardners, PA 17324, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Stanley E. Richwine, Lassie L. Richwine Address 12 North Hanover Street Apartment 14 Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Stanley E. Richwine, Lassie L. Richwine Address 12 North Hanover Street Apartment 14 Carlisle, PA 17013 r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Commercial Credit IMC Mortgage Company 5. Name and address of every record interest in or record lien interest may be affected by the sale: Name None. Address 210 Lake Drive East Woodland Falls Corp. Park Suite lOSA Cherry Hill, NJ 08002 And Citifinancial 7467 New Ridge Road Suite 222 Hanover, MD 21076 Contact: David Parks 25 Blackstone Valley Place Lincoln, RI 02865 other person who has any on the property and whose Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant(s)/Occupant(s) Domestic Relations Address 337 Old State Road, Gardners, PA 17324 Cumberland County P.O. Box 320 Carlisle, PA 17015 .~ I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November 9, 2001 ',, ... ~, DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff :` LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF THE ELLA N. MYERS ESTATE; THENCE NORTH 66 DEGREES 25 MINUTES WEST, A DISTANCE OF 228 FEET TO A POINT, IRON PIN; THENCE STILL BY LAND OF THE SAID ELLEN N. MYERS ESTATE, NORTH 19.50 DEGREES EAST 55.3 FEET TO A POINT, IRON PIN; THENCE ALONG TRACT N0. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS . SOUTH 66 DEGREES 7 MINUTES EAST, A DISTANCE OF 228 FEET TO A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY; THENCE ALONG THE CENTER LINE OF THE SAID HIGHWAY, SOUTH 19 DEGREES 20 MINUTES WEST, A DISTANCE OF 54 FEET TO A POINT. BEING IMPROVED WITH A SEMI-FRAME BUNGALOW AND BEING TRACT N0. 11 AS DESIGNATED ON PLAN OF LOTS ADOPTED BY LENA KATHRYN KUNTZ, ET AL, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK NO. 10, PAGE 52. BEING THE SAME TRACT OF LAND WHICH STANLEY E. RICHWINE AND JOYCE A. RICHWINE, NOW KNOWN AS JOYCE A. MILLER, BY THEIR DEED DATED NOVEMBER 16, 1993, GRANTED AND CONVEYED UNTO STANLEY E. RICHWINE, SAID DEED BEING RECORDED IN THE OFFICE AFORESAID IN DEED BOOK VOLUME 36q, PAGE 492. SUBJECT ALSO TO A RIGHT-OF-WAY AGREEMENT WITH THE NEIGHBOR ON THE NORTH REGARDING THE DRIVE-WAY BETWEEN THE TWO PROPERTIES. Parcel ID # 08-38-2175-012 Being Known As: 337 Old State Road, Gardners, PA 17324 r' ~ .. ~!t~;kas~~f's, atvx ~.~.:~a~rotnr,.~ .~ _s.._. ..~ , ~ ter.: a~~c~rc1 - ' ~~. ~~r~bn~~ ~r~~.~d ~~ f~, ~~~ ©r `~ _ ~~ AQN AiMApO t~n~3a~r~~:a ddta3RS 3y r jp" ~,'~d0 .ti ~, ~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Conseco Finance Servicing Cumberland County Corp. f/k/a Green Tree Court of Common Pleas Consumer Discount Company v. Stanley E. Richwine and Number 01-4170 CIVIL Lassie L. Richwine NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stanley E. Richwine and Lassie L. Richwine 12 North Hanover Street Apartment 14 Carlisle, PA 17013 Your house (real estate) at 546 Mountain Road, Boiling Springs, PA 17007, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 06, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $122,675.42 obtained by Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount Company against you. _~.~,...,._... ,...__.___ _..~~. _. w:.m.,..._..:..... _,... ... ._.. _ ,._. _ a A NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Conseco Finance Servicing Corp, f/k/a Green Tree Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 _.. , _ _ tlG LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY, WHICH POINT IS A CORNER OF LAND NOW OR FORMERLY OF THE ELLA N. MYERS ESTATE; THENCE NORTH 66 DEGREES 25 MINUTES WEST, A DISTANCE OF 228 FEET TO A POINT, IRON PIN; THENCE STILL BY LAND OF THE SAID ELLEN N. MYERS ESTATE, NORTH 19.50 DEGREES EAST 55.3 FEET TO A POINT, IRON PIN; THENCE ALONG TRACT N0. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS. SOUTH 66 DEGREES 7 MINUTES EAST, A DISTANCE OF 228 FEET TO A POINT IN THE CENTER LINE OF THE OLD CARLISLE-GETTYSBURG HIGHWAY; THENCE ALONG THE CENTER LINE OF THE SAID HIGHWAY, SOUTH 19 DEGREES 20 MINUTES WEST, A DISTANCE OF 54 FEET TO A POINT. BEING IMPROVED WITH A SEMI-FRAME BUNGALOW AND BEING TRACT N0. 11 AS DESIGNATED ON PLAN OF LOTS ADOPTED BY LENA KATHRYN KUNTZ, ET AL, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK NO. 10, PAGE 52. BEING THE SAME TRACT OF LAND WHICH STANLEY E. RICHWINE AND JOYCE A. RICHWINE, NOW KNOWN AS JOYCE A. MILLER, BY THEIR DEED DATED NOVEMBER 16, 1993, GRANTED AND CONVEYED UNTO STANLEY E. RICHWINE, SAID DEED BEING RECORDED IN THE OFFICE AFORESAID IN DEED BOOK VOLUME 36q, PAGE 492. SUBJECT ALSO TO A RIGHT-OF-WAY AGREEMENT WITH THE NEIGHBOR ON THE NORTH REGARDING THE DRIVE-WAY BETWEEN THE TWO PROPERTIES. Parcel ID # 08-38-2175-012 Being Known As: 337 Old State Road, Gardners, PA 17324 WAIT"OF,! EX;ECI'7TIQN and/or pTTACHMEN7 COMMONWEALTH OF PENNSYLVANIA) NO. 01-4170 CIVIL t$X TERM COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Conseco Finance Servicing Corp. f/k/a Green Tree Consumer Discount PLAINTIFF(S) from Stanley E. Richwine and Cassie L. Richwine, 337 Old State Road, Gardners, PA 17324 (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Descri tion (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nottfy the garnishee(s) that: (a) an aUachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereol; (3) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify hitnlher that helshe has been added as agamtshee and is enjoined as above stated. Amour?tDue $122,675.42 L.L. Interest fran 10/30/01 Attys :Comm °!° Atty Paid 5225.45 Plaintiff Paid Date: November 16 2001 REQUESTING PARTY: Name Terrence J. McCabe., Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Due Prothy $.50 $1.00 Other Costs Curtis R. Long prothonotary, Civil Division br Qai!-.~.- n~.c~_ ~- 7- Deputy Telephone: X15-790-1010 Supreme Court 10 No. 16496 .aS :tt. ,v'-v..:{_ ~. ... -,,:, .; .. :..,,.._., -~=tiv_~:,~~&~..aasx.ae:.~sw.:v. x:.-.imr:, s. sxw9,z?~r=tiref&'b ., .,3tci~enmas4'e§.__ '- F.- REAL ESTATE SALE No. ~a On November 20„ 2001, the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, known and numbered as 337 Old State Road, Gardners, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 20, 2001 By~ `~% Real Estate Deputy ~~~~^~a" 71NVP:~hSNN3d ~v`~~ t~i4~ ~~~ ~d ~~ ~ ~I ~~ ~~kk~~ F{s ictifj~7`(~~ ~~t~~~~ ~lil ~C~ ~.,i~ ~ R'15A4. ESTA+EE SALE NO. 30 Writ No. 2001-4170 Civil Conseco Finance Servicing Corp. fjkja Green Tree Consumer Discount Company vs. Stanley E. Richwine and Cassie L. Richwine Atty.: Terrence J. McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situated in Dickinson Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point in the cen- ter line of the Old Carlisle-Gettys- burg Highway, which point is a cor- ner of land now or formerly of the Ella N. Myers Estate; thence North 66 degrees 25 minutes West, a dis- tance of 228 feet to a point, iron pin; thence still by land of the said E31en N. Myers Estate, North 19.50 degrees East 55.3 feet to a point. iron pin: thence along Tract No. 10 on the hereinafter mentioned Plan of Lots. South 66 degrees 7 min- utes East, a distance of 228 feet to a point in the center line of the Old Carlisle-Gettysburg Highway; thence along the center line of the said high- way, South 19 degrees 20 minutes West, a distance of 54 Feet to a point. BEING improved with asemi- frame bungalow and being Tract No. 11 as designated on plan of lots adopted by Lena Kathryn Kuntz, et al, said plan being recorded in the Oitlce of the Recorder of Deeds in and for Cumberland County, at Cazlisle, Pennsylvania, in plan Book No. 10, page 52. BEING the same tract of land which Stanley E. Richwine and Joyce A. Richwine, now known as Joyce A. Miller, by their deed dated November 16, 1993, granted and conveyed unto Stanley E. Richwine, said deed being recorded in the of- fice aforesaid in Deed Book volume 36q, page 492. SUBJECT also to aright-of--way agreement with the neighbor on the North regazding the drive-way be- tween the two properties. Pazcel ID # 08-38-2175-012. Being Known As: 337 Old State Road. Gazdners, PA 17324. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 Lt)SS E. ~~15' B t REAL ESTATE SALE~o.~30 ~ ' -' VJftt No.2001-0170 ---- __ _ ~a,.~~.,,y ..~.~. ___ _... _ - =Green1'resEonsumer - _- Discount Company ~ -..=Stsnlev E. plchiviee `" -- ` IATVCERTAli1 trot of land with the vents therm erected. situated -,in ~o.-Towns:~'p, Cumberland County, ~auta, bounded and described as follows: 71NG at a point in the center line of the isle-GettysbuFg HighwaY• which point is a t{ land now br fortnedy of the Ella N. ;state; thence north fib degrees 25 minutes distance of 228 fret to a pmn4 tmn pin; sell by land of the said Ellen N. Myers north 19.50 degrees east 55.3 Feet to a mn pin; thence along Tmct No. l0 ao the Eter mentioned Plan of fists, scuds 66 ~, 7 minutes eas4 a distance of 228 feet to a in the. center line of the old Carlisle- mrg Higbway: thence along the cen[u line said highway, south 19 degees 20 minutes ;distanceof 54fcet ro a point. i-improved with a sews-frame 6uagalow :ing Trnct No.l! as designated on Plan of dopted by 1Rna Kathryn Kuntz, et al, said emg recorded in the office of tfie Recorder xds N and Ft Cumberland County, at le, Penpsylvani:~ in Plan book No. 10, Page G the-same pact ~f land which Stanley E . vme and Ioyce A:'~lchwine, rrow known as A. Mille5 by their deed dated Norember N3, granted and conveyed mto Stanley E. mine, saz"d deed being recorded in the office raid in Dced Book Volume 3fiq, Page 492. JECT also to a rtglifafiway ~agieement with ieizhbor on the nosh cegarding the ddvGway as: 337 Old Smtr~Road, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Cc. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of She said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau~hin in Miscellaneous Book "M", Volume 14, Page 317. r ~ i ~~ PUBLICATION ..........................~. . COPY d subscribed be r SALE #30 Notarial Seel - :ferry L. Ruasgli, Notary PuWN Hartlebury, Dauphin County MY Commtsskm Expires June A S~ Member, Pennsylvania AssoClati0rl of Note NO'T'ARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 -' Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. ~' For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ A.D. 96.00 1.50 97.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ....................................................................