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HomeMy WebLinkAbout01-04552a~~ ~~~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert P Ziegler h ----------------------------------------------------°------------------------ RecorderoE Deeds in and for uid County and State do'hereby certify that the Sheriff's Deed in which ________________ Conseco Fin Con Disc Co ------------------°-------•--------------------------------------------------------isthe grantee 6th the ume having been sold to said grantee on the _______________________________________________ day of March 02 °------------------------°---------_-- A. D., ' __---, under and by virtue of a writ------------_- Execution Sept day of --------------- Civil A. D., 4552 Number ______________, atthe suit of ___ 27th -------issued on the ------------------------------------- _ O1 _, out of the Court of Comanan Pleas of said County'as of Ol ---------------------------------------- Tenn,: ------ Conseco Fin Con Disc Co Terry J Robinson & Sharon C ---------°------------------------ against---------------------------------------------------- as 251 1376 dulytroordediaSherifFsDeedBookNo.____________, Page____________. IN TESTIMONY WHEREOF, I h//a/~vyye hereunto set my hand and seal of said office this -1.(_~ day of --~itu ~---------~:---- A+~. ~.,~ Deeds Conseco Finance Consumer Discount Company VS Terry J. Robinson and Sharon C. Robinson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4552 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2001 at 3:41 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terry J. Robinson, by making known unto Sharon Robinson, adult in charge, at 254 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2001 at 3:41 0' clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sharon C. Robinson, by making known unto Sharon Robinson personally, at 254 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 1:01 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Terry J. Robinson and Sharon C. Robinson located at 2157 Ritner Highway, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Terry J. Robinson, by regular mail to his last known address of 254 North Enola Drive, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sharon C. Robinson, by regular mail to her last known address of 254 North Enola Drive, Enola, PA 17025. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Gregory Javardian for Conseco Finance Cnsumer Discount Company. It being highest bid and best price received for the same Conseco Finance Consumer Discount Company of 7360 So Kyrene, Tempe, AZ 85283, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $2145.97 it being costs. Sheriff s Costs: Docketing 30.00 Poundage 800.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.85 Certified Mail 2.32 Levy 15.00 Surcharge 30.00 Legal Search 200.00 Law Journal 497.90 Patriot News 404.70 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriffls Deed 26.50 $2145.97 Sworn and subscribed to before me This ~ day of ~°f'~'° 2002, A.D. ro onotary So ~~ ~~~ R. Thomas Kline, Sheriff B~C~-~~iwi~~ Real Estate Deputy ~ ~ Ate'"' 301 3ro c:42.. 3L3a't ~„ i.z yaYa- SCHEDULE OF DISTRIBUTION SALE NO. 11 Writ No. 2001-4552 Civil Term Conseco Finance Consumer Discount Company VS Terry J. Robinson and Sharon C. Robinson 2157 Rimer Highway Shippensburg, PA 17257 Sale Date: March 6, 2002 Buyer: Conseco Finance Consumer Discount Company Bid Price: $40,000.00 Real Debt $88,958.03 Interest 2,426.92 Writ Costs 125.10 Total $91,510.05 DISTRIBUTION Amount Collected $2,145.97 Sheriff s Costs 1,945.97 Legal Search 200.00 S s er ' ~~~ R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING TI'EMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 11 Held Wednesday, March 6, 2002 Date: March 6, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2002, and recorded 2002, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Barbara L. McMullen, wunairied„ by deed dated April 19, 1996 and recorded April 19, 1996 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 137, Page 965 granted and conveyed to Terry J. Robinson and Sharon C. Robinson, husband and wife. OTHER EXCEPTIONS: L The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of US Route No. 11 known as the RitnerHighway. 6. Private rights in a 50 foot wide private right-of--way located immediately adjacent to the eastern boundary of the subject premises as imposed by deed recorded in Deed Book 109, Page 092.. 7. Mortgage in the amount of $73,200.00 given by Terry J Robinson and Sharon C. Robinson to Greentree Consumer Discount Company dated August 14,1996 and recorded August 15,1996 in Mortgage Book 1336, Page 572. Complaint in mortgage foreclosure filed by Conseco Finance Consumer Discount Company as Plaintiff against Terry J. Robinson and Shazon C. Robinson as Defendants on July 30, 2001 in the Office of the Prothonotary of Cumberland County on July 19, 2001 to file number 2001-4552. Judgment in the amount of $88,958.03 entered September 27, 2001. 8. Satisfactory evidence to be produced that complaint in foreclosure was properly brought by Conseco Finance Consumer Discount Company where Mortgagor of record in Greentree Consumer Discount Company. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~, Ro ert G. Frey, Agent Note: This Title Report shall n alid or binding until countersigned by an authorized signatory. N N oni ° ~°°g ano Cf~~N~.wnzw Uln x w+y zw ~ ~~ ~ n ~ ~ w 0. ~00 .~.i~ w < a NiC no S z° ~ ~° (~ G .+E+ ..° o y NN w ra G y J~ N w ~ ~. n~ Ow O• ~~ p~] f"Nll a W N (:. 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'~~°~ 5 ~ o n ~ o.a<~o N~ rt ~. 7 n N ~ ~~^1 w '°CGa°^+ 7 n o O O p N C m O. '7 N ~ r~ ry '1 ~. 0 7 Jr W 7 070. M w.n a$ CONSECO FINANCE CONSUMER DISCOUNT COMPANY vs. TERRY J. ROBINSON SHARON C. ROBINSON COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2157 RITNER HIGHWAY. SHIPPENSBU)ZG. PA 17257: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2. Nam and address of Defendant(s) in the judgment: TERRY J. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertain~l, Please indicate) None. ~R 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, Please indicate) Plaintiff. S. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address oannot be reasonably ascertained, Please indicate) None. 6. Name and address of every other person who has a~ record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (ff address cannot be reasonably ascertained, Please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau Dept. of Public Assistance 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 33 Westminster Drive, P.O. Box S99 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the plaintiff has knowledge who has a~ interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenaats/Occupants 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief I understand that false statements herein are subject to the penahies of 18 Pa. C.S.A. 4904 relating to tmsworn falsification to authorities. c G G Y J VARDIAN, ESQUIRE orney f laintiff September 21, 2001 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIltE II?ENTIFICATION Nq.55669 44 SECOND STREET PII~, SUITE 101 SOLPI'HAMP1'ON, PA 18966 215) 942-9690 CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY CUMBERLAND COUNTY vs. No.: 01-4552 TERRY 7. ROBINSON SHARON C. ROBINSON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TERRY J, ROBINSON SHARON C. ROBINSON 2157 RITNER ffiGHWAY SHIPPENSBURG, PA 17257 Your house (real estate) at 2157 RITNER HIGHWAY. SHQ'PENSBj.JI;G~,PA 17257. is scheduled to be sold at Sheriff s Sale on MARCH 6. ~Q02 at 10:00 A.M , in the Cumberland County Coutttmuse, 1 Courthou~ Square, Carlisle, PA 17013, to enforce the court judgment of $88,458.03, obtained by CONSECO FINANCE CONSUMER BISCOUNT 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 w~71 be cancelled ifyou pay to the nbrtgagee the tack payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2L$2 942-9690. 2. You may be able to stop the sate h3' filing a petition asking the Court to stn7ce or open the judgment, if the judgatent 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 pmoeedings. You may need an attorney to avert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See tmtice on page two on how to obtain an attarneyJ i. Ifthe Sheriil's Sale is not stopped, your property will be sold to the highest bidder. You ~y find out the price bid by calling j21 ~ 942-969Q. 2. Yau may be ab~ to petition the Court to set aside the sale id'the hid price was grossly npadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the fiill amount due in the sale. To find out if this bas happened, you may call Gregory Javardian, Esquire at (215) 942.9690. 4. If the amount due from the Buyer is not paid to the Sheriil; you will remain the owner of the property as if the sak never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. b. You maybe entitled to a share of the money which was paid for your house. A schedule of distn'bution of the money bid for your house will be filed by the Sheriff. This schedule will'. state who wilt be receiving that money. The money will be paid out in accordance with this schedule unless excepiiOna (reams why the proposed distn'bution is wrong) are fi~ with the Sheriffwithin ten (10) days. 7. You may also have other rights ami defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. H' YUTJ D~ NQT HAVE A LAWYER OR CANNOT AI'FORD ONE, GO TO OR TELEPHOONE THE O FICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-316b (800) 990A108 ALL that certain tract of land situate in the Village of Stoughstown, North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Parker kalon nail in the centerline of the Ritner Highway (U.S. Route 11), at corner of lands now or formerly of Sharp S. Jumper; thence along lands now or formerly of Sharp S. Juniper, North eighteen (18) degrees twenty-eight (28) minutes forty-three (43) ponds West, two hundredtwenty-six and sixty-five hundredths (226.25) feet (passing through an iron pin on line twenty-five and eleven hundredths (25.11) feet from the aforesaid Parker kalon nail) to an iron pin; thence akng lands now or formerly of Terry I. and Sharon C. Robinson, South seventy (70) degrees fifty-three (S3) minutes thirty-two (32) seconds West, nine arxi fifteen hundredths (9.15) feet to an iron pim; thence along lands of same South §eventy--one (71) degrees thirty-two (32) minutesfifty-two (S2) seconds West, one hundred one and thirty- seven hundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R Williams, South zero (00.00) degreesfifty-nine (S9) minutesforty-nine (49) seconds West,lnrty- three attd seventy-nine hundredths (43.79) feet to an iron pin; thence along lands of same, South sixteen (16) degrees fifty--nine (S9) minutesfifty-six (S6) seconds East, one hundred ninety-one and seventy-one hundredths (191.71) feet to a Parker kalon nail in the centerline of the Rimer Highway (U.S. -Route i i) (passing through an iron pin on line tweet}-five and eighteen hundredths (25.18) feet from the aforesaid Parker kalon nab; thence over the centerline of Rimer Highway (tT.S. Route 11) North sixty-six (66) minutesthirty-four (34) seconds East, one hundred thirty and eighty-one hundredths (130.81) feet to a Parker kalon nail, the point and place of BEGINNING. Containing 29,272 square feet, more or less. SUBJECT to a fifty (SO} feet wide private a~ight-of-way located immediately adjacenR to the eastern boundary of the lot herein conveyed, for ingress, egress, and regress to a certain parcel of land consisting of 5.570 sores, more or less, lying immediately to the North of the lot herein conveyed and being owned by Terry J. and Sharon C. Robinson, husband and wife, through deed from Tames W. Robinson dated July 8, 1994, and recorded in Cumberland County Deed Book 109, page 092. The description of the lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bart, RS., dated March i, 1995. BEING known as 2157 Rimer Highway, Shippensburg, PA 17257. BEING THE SAME PREMISES which Bazbara L. McMullen, unmarried, by Deed dated April 19, 1996 and recorded April 19, 1996 in Deed Book 137, page 965, in the Recorder of Deeds Office in and for Cumberland County, granted and corrveyed unto Terry L. Robinson and Sharon C. Robinson, husband and wife. 1NRIT OF EXECUTION and/or ATTACHBAENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-4552 CIVIL 1J~?'E~ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Conseco Finance Consumer Discount Cartpany PLAINTIFF(S) from Terry J. Robinson and Sharon C. Robinson, 2157 Ritner Highway, Shippensburg, PA 17257 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (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 notrfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of thedefendant(s)notlevieduponansubjecttoattachmeniisfoundinthepossessionotanyoneother than a named garnishee, you are directedtonotify hirNherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,958.03 fran 9/21/01 to date of sale Interest _~~~ 62~e~ d~~ Atty's Comm Atty Paid Plaintiff F L.L. $.50 Due Prothy $1.00 Other Costs Date: SPntember 27. 2001 ,_~ Curtis R. Long Prothonotary, Qivil'Division REQUESTING PARTY: Name Gregory Javardian, Esq. Address: 44 Second Street, Pike, Suite 101 Southampton, PA 18966 Attorney for: Plaintiff Telephone: 215-942-9690 Supreme Court ID No. 55669 C- Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, 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, JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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. l\ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002_ L04S E. ER, ~ ~ w edis6e , ~ PAa~h 5, REAL EsrnrE snt,E xo. 1a Writ No. 2001-4552 Civil Conseco. Finance Consumer Discount Company vs. Terry J. Robinson and Shazon C. Robinson Atty.: Gregory Javaxdian ALL that certain tract of land situ- ate in the Village of Stoughstown. North Newton Township. Cumber- land Couny. Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, a Pazker kalon nail in the centerline of the Rimer Highway (U.S. Route 11), at comer of lands now or formerly of Sharp S. Jumper: thence along lands now or formerly of Sharp S. Jumper. North eighteen (18) degrees twenty- eight (281 minutes forty-three (43) seconds West, two hundred twenty- six and sixty-five hundredths ( (226.25) fee[ (passing through an iron pin on line twenty-five and eleven hundredths (25.11) feet from the aforesaid Parker kalon nail) to an iron pin: thence along lands now or formerly of Terry J. and Sharon C. Robinson, South seventy (70) degrees Fifty-three (53) minutes thirty-two (32) seconds West. nine and fifteen hundredths (9.15) feet m an iron pin: thence along lands of same South seventy-one (71) de- grees thirty-two (32) minutes fifty- tvro (52) seconds West. one hvndied one and thirty-seven hundredths (101.37) feet to an iron pin: then ~, along lands now or formerly of Allc., R William. South zero (00.00) de- _ grees fffty-nine (59) minutes forty- ' nine (49] seconds West, forty-three and seventy-nine hundredths (43.79) feet to an iron pin; thence along lands of same, South sixteen (16) degrees fdty-nine (59) minutes fifty- six [56) secbnds East, one hundred ninety-one and seventy-one hun- dredths (191.71) feet to a Parker kaion nail in the centerline of the Rimer Highway (U.S. Route 11) (Passing through anuon pin on line twenty-five and eighteen hundredths (25.18) feet from the aforesaid Parker kalon nail): thence over the centerline of Rimer Highway (U.S. Route 11) North sixty-six (66) degrees six I6) minutes thirty-four (34) sec- onds East, oae hundred thirty and eighty-one hundredths (130.81) feet to a Parker kalon nail. the point and place of BEGINNRVG Conranung 29,'l92 squaze feet. more or less. SUBIECT to a fifty (50) feet wide private right-of--way located imme- diately adjacent to the eastern boundary of the lot herein conveyed. for ingress, egress. and regress to a certain pazcel of land Consisting of 5.570 acres. more or less, lying Immedia[ely to [he No.-th cf the lot herein conveyed and being owned by Terry J. and Sharon C. Robin- son, husband and wife. through deed from James W. Robinson dated July 8, 1994, and recorded in Cumberland County Deed Book 109, page 092. The description of the lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bert, ft.S., dated March 1. 1995. BEING known as 2157 Ritner Highway, Shippensburg. PA 17257. BEING THE SAME PREMISES which Barbara L. McMullen, unmar- ried. by Deed dated April 19, 1996 and recorded April I9, 1996 in Deed Book 137, page 965, in the Recorder of Deeds Office in and for Cumberland County, granted and conveyed unto Terry L. Robinson and Sharon C. Robinson, husbaad and wife. 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac[ No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant tc a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi in Mi~~P Il^aneous Book "M", Volume 14, Page 317. ~~ t( ! I1'~,( I ~~I PUBLICATION COPY SALE#11 Sworn to and subscribed before thi 22nd d of F r ry 2002 A.D. Notarial Seal Tarty L. Rum@II, Notary Publk Hanleburg. Dauphin County My Commission Expires June 6, 2002 NO ARY PUBLIC Member,PennsyNaniaASSOCiatlonotNOterie~y 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 $ 403.20 Probating same Notary Fee(s) $ 1.50 Total $ 404.70 Publisher's Receipt for Advertising Cast 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 .................................................................... 9~ LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ 85283 PLAIlVTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - C1VIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIIVD OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUTfE 101 SOUTHAMPTON, PA 18966 (215)942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPS, AZ 85283 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TERRY J. ROBINSON SHARON C. ROBINSON 2157 RTi'NER HIGHWAY SHIPPENSBURG, PA 17257 DEFENDANT(S) NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE t. Conseco Finance Consumer Discount Company, (hereinafter referred to as "Plaintiff') is an Insfitution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Terry J. Robinson and Sharon C. Robinson, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated August 14, 1996 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1336, page 572. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 2. The Mortgage is secured by Defendant(s) Note dated August 14, 1996 in the amount of $73,200.00 payable to Plaintiff in monthly installments with an interest rate of 12.15%. 3. The land subject to the mortgage is: 2157 Ritner Highway, Shippensburg, PA 17257. 4. The defendant(s), Terry J. Robinson and Sharon C. Robinson are the real owner(s) of the land subject to the mortgage and the Defendants' address is :2157 Ritner Highway, Shippensburg, PA 17257. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance $71,041.98 Interest to 7/18/2001 11,629.63 Accumulated Late Charges 1,088.82 Attorney Fees/Costs 3,700.00 TOTAL $87,460.43 plus interest from 7/19/2001 at $23.40 per day, costs of suit and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants June 1, 2001. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $87,460.43 together with the interest from 7/19/2201 at $23.40 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: JAVARDIAN No. 55669 -- Receive: 8/23/99 t2e34PM; -> GREG JAVARpIAN LAW OFFICE; Page 2 AUG-23-1999•MON 09 16 AM FAX N0, P, 02/22 ~. 'uc :',i~ ..,. ....:i ~~ _CfiCr~i' OF CC`-OC '96 flUi1 A~ ~(~ 11 31 Cdninonwenlnt of Ikm~sylvsnix - - •- Spucv AAove ThLs 4Pne For RecordlnR Uatn OPEN-ENY) MOKTGAGL, This Mortgage sceutes CuWre advances 1. PATE ANLy PARI7FS. The dare of this lbCortgage (Security Instnimenr) is ........OQ~7+4I4~ ........................ and the patties, their addtnsscs and tax idcntifieation domben, If required, are as follows: MORTGAGOR: TERRX J RABTi,1SCS4 SI4+1~I C It17EIN9O[3 ~ iC ducked, refer to the attached Addendum incorporated herein, [or additional Mortgagors, their signatures and aetmowledgments: LP.NDER: green Tree Aot7stader 17i.t3ewuit Qatparty 3901 gartzdale As.StE 132 Camp Ai11rPA 17011 2. CONVEYANC)t;. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure rho Scared Aebt (deeded below) and Mortgagor's performance under rids Security lnsttumcdt, Mortgagor grants, bargains, ,conveys and mortgages to Lender the fallowing described property: HRIEF I,FJGE11, ~ YI'ICNe :- -. ". - • - - ALL 'PRAT CF.StTAIIJ PROPEIrl"l, SIZ[]A'f.Ea TN 130RTkI 1Vf,WICRQ T01r7D7SiiIP, CTl!:H3II2UAND Cf)L8J'1'Y AND CCM~,TH OF PkSIIJSXLVANIA ]3EING MARE FLI[d,Y DESCRiBID IN REED ]aATEA 4-19-96,REOl'1~D 4-].9-96 AND APPFARB~ ANIt]NG THE I,AL•7D Rk~ItI75 OF THE C70LIIJL'1t AND- STATE SEr kY~I AHOVE TN DEED HOOK 137, PAC;l; 965. - .. ._ PARCEL, 7.D 30-2.8-2040-4d2-N` - The properly is located id :'A?`?4 .................................................... at .T....................,......................... Together with all rights, sauments, appurtenances, royalCus, mineral rights, oil and gas rights, al! water and riparian rights, ditches, and water stack and ali existing and Cuture improvements, structures, fixtures, and replacements that may now, or at arty time in the future, be part of the red[ estate described above (all mferccd to as 'Properly°). 3. 1VIA)CIMUM OBLIGATION LIMIT. The tGW principal amount secured by this Security Instrutnant at any one tilno shall not ext:ccd 5 .....7~~QR: ~9 .................................. •. This Iintitation of amount does not lndudc interest and other Tees and charges validly Houle pnrsunnt tu this S~urity Insltuntunt. Also, lilts limitation dace not apply to advances made uadcr lire 'rums of this Security Instrument to protect Lender's security and to perform any o[ the covenants contained in this Security Instrument. . (county) ...................... ..................... :.................. ............::.... :Pennsylvania ...,. .... (Addend (City) (ZIP Odle A. SF.C[1ItED UCBT AND Fili'1)IaL AAVANCFS. The term °Secured Debt' is defined as folbws: A. Debt incurtrxJ under the terms of sit promissory note(s), contract(s), guaranty(s) or other evidettx of debt described ,...below and all their extensions, renewals, modifications or substitutions. (R?,en referencing the debts below it is ' saggesred that you !nclNde irents such at borrower' nmaes, mote ornornus, iureresr rants, rttarariry dales, arc,) • ~ B04Ki,3r~PAGE 572 t~IN9YLYAHIA . MOirTGAOE IN07 FOR FNMA, F/aA1C, PHA Oil VA USD Or8a~8aJa.r enuw°. Inc., Sl.pwa. NlN n.900+t9748st1 Pam R6Mra-A lyt-IUs fDa9e / o/ 6J Received. B/23/99 12.34PM; AUG-23-1999 .NON 09.16 AM ~ GfiEG JAVAROIAN LAW OFFICE; FAX N0, Page 3 P. 03/22 B. Alf future advance !mm Lettder to Mortgagor or other future obligariolm nC Mortgagor to Lender under any promissory note, contract, guar..utry. or other evidence of debt ixocuted by Mongagix in favor of Lender exotttted afar this Security lnstronlenl whether or not dies Security [nstrulnem is specifically rcfereltced. If more than one persttu signs these 5ewrity instrument, each Mortgagot agrtvs tlraz this Security Instrument will''. securo all fuwre advances and future obligations that are given to or incurred by any tmc or more Mortgagor, or aliy rntc or more Mortgagor atxi others. 1111 fuluro advances .nd Mber future obligations are secured by this Security TiiStrument teen though all m part may not yet he advanced.: Atl fuwrc advatttxs and other forme obligations are secured ae if made am the date of This Security Instrontcnt. Nothing ]n this Security Instrument shall cettstimte a eommitroent to 'make additional or iulure loans ar advances in any amount, Any such oonuninnclu tttust be agreal to in a separate writing. C, All obligations MoR$agar owes to LendeY, which tray later arise, to the extant not prohibited by taw, irtchrding, but nat limit«1 to, fiabilitiPS far overdrafts relating to any deposit account agreement between Mortgagor aztd Linder. D. Atl additional Burns :ulvanccd amt expenses iuteurred by Leader for insuring, proetting or olluswise protecting the Proporiy and its value and any other sums advanced and expanses incurral by Lender antler the terms of this Security lnswmcnt. This Steurlty Instrument will ant secure any other debt i[ Lender falls to 8ive ally required notice of the right of rcsiission. 5, PAYMENTS. Mortgagor agrees that all paytmmts under,du Secured Debt will be paid when due and in accordance with the • firms of the Secured Debt and this Security Instrumrnl. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Insttutttemt and has the right to grain, bargain, wnvey, sell, and mortgage the Propetty. Mortgagor also warrants that die Property is unettcumberod. except for entumbtances of recatd. 7. PRIOR SCCURITY 1NTI:RCSTS. Willi regard to any other mortgage, deed of trust, laxority agrocrncnl m other lien dowment that created a prior security ituerest or ettcumbrana on fife Properly, Mortgagor agrees: A. To make all paymcpts whom due and to perform or wmply with all covenants. B. To promptly deliver to Lends any notkes that Mortgagor nxeives from the holder. C. Not to allow any modification m extetuion of, nor to request any future advances under any note or agreement sicul'id by the lice dowrrttxu without Lender's prior written roasent. 8. CLAIMS AGAINST TITLE. Mortgagor well pay all taxes. asaessmenls, liens, encumbraaocs, lease payments, ground rims. utilities, and other charges relating [o the property when duo. Lender may require Mortgagor to provide to Lender copies of all notices that such'. alnounla are due and' the receipts evitlcncing Mortgagor's payment. Mortgagor will d¢fend title to the Property against any claims that would impair the lien of this Security Ituwrncnt. Mortgagor agrees to assign to Lender, as rcquistcd by Lender, any rights, claims or defenses Mortgagor may have against pantos who supply labor or roaterinls to maintain or improve the Ptolx:riy. 9. 1DUE ON SALE; OR ENCUMBRANCE. Lender may, at its option, declare fire entire balance of the Secured Debt to Ire immediately dui and payable upon the creation of, or contlnct for the creation af, ally lien, erwumbtzlpcc, transfer or sale of dtc Property, This right is subject to the restrialotts imposed by federal law (l2 C.F.It. 5g1), as applirablc. This wvcuant shall Zlrtt with the Properly and shall remain in effect omit the Secured Debt is paid in full and this Security ]nstmment is released, 10. PROPERTY CONDITION, ALTERATIONS AND ]INSPECTION. Mortgagor will keep the Property in good wndition and rooks all repairs drat are reasonably mtxessary. Mortgagor shall not commit oc allow any waste, impairment, or dctirforatiart of the Properly. Mortgagor will keep ire Prgpeny fcce of tlgxious weeds and grasses. Mortgagor agrees that the nawre of the occupancy and use will not subs[antially change without Lender's prior written consent. Mortgagor will toot permit any change in airy license, restriaivc covenant or casement widtout Lender's prior writtar consent. Mortgagor will troti[y Leader of all demands, proceedings, claims sad actions ttgafnst Mortgagor, and of any loss or damage to the Property. adui;~336 PACI: 573 rpaya 2 G! GJ 01999 Butlun anMm,, I,,,,, a4 CNU1 MN IW~a911 Fun aGMTG•PA 13I191N • ReceiVetl: 8/23/99 t2:35PM; A11G-23-1999 ~MON 09:17 AM > GREG JAVARpIAN LAW OFFICE; FAX N0. r^~. (~'i Page 4 P, 04, lender or Lender's agents may, at !center's option, enter tltc Property at any reasonable time for the purpose of inspecting rite Properly. Lender shat! give Mortgagor notice at the tittle oC or before an ittspes[ioa specifying a reasonable purpose for the Inspection. Any inspxtion o[ the Properly snail be entirely for Lender's beneCt and Mortgagor Witt in no way rely on Lender's inspection. 11. AVl'11O121TY TO PEtZFOItM. If Mortgagor faits to perfonn any duty or any of the covenants comalnW In this Security Instrument, !.ender may, without notice, perform or cause them to be performed. Mortgagor appoints Leader as attorney in fact W sign Mortgagor's tiame or pay any amount netxssary for performance. Lend'er's right to perform for Mortgagor shall not create ut abligmion Io;perfonn, and Lender's faihtre to perform will not prarludc Lender front exercising any of Lender's other rights under the iaw or this SeSttrity Instrument. If any construction on the Property is discominucd or nut carried on in a tt;asonablo tttattner, Lcndor may take ail steps tteeessary to protest Lender's security interest in the Properly, including completion of the cotuttvction. 12. ASSIGNMCN'C OC LEAS$S AND RENTS. Mortgagor irrevocably grants, bargains, wnveys and modgagea to Lender as adrlitiorwl security all the right, fide and intc[eat in and to any and all existing or Nlure lases, subleases, and any other written or verbal agresmen[s .for the use and aexupaney of any portion of [hc Property, including any raeeten;;tons, renewals, modifications or subsfitu[ions of such agratrtents (all rcferrul to as "Leases") and rents, issues and profits (alt referred to as "Rents"). Mortgagor will prompfiy provide Lender with true and corrca rnpies. of all existing and futtue Leases. Mortgagor may wllect, receive, enjoy and use the Rents ao long as Mortgagor is not in default under file terms of this Security Instrument. Morlgagor agrees that this assignment is itnmediatcly effective 6etwcen the parties to this Security lns[mtttcnl and cffectivc as to third patties on the recording of this Security instmment, a~td this assigmttert[ wi-i remain effective until the ObHgatlons arc satisfied. Mortgagor agrees drat Lender is entitled eo notify Mortgagor or Mortgagor's temnts to stake payments of licnts due or to become due directly to lender aver such trrorrling, however Lender agrees not to notify Mortgagor's tenants until Mortgagor dcfaulls and Lender noti[,tes Mortgagor of the default sad demands oral Mottgagor and Mortgagor°s tenants pay alt Rents due or [o berme due directly to Letuler, Oo renelving notice of de[ault, Mortgagor will ondorse and deliver to Lander any payment of Rents fn Mortgagor's possession and will receive any Ronts in !cost for [.ender and will not wmmingle the (tents with eny other Funds. Any amounts eollceted wt11 be applial as provided in this Security instrument. Mortgagor warrants Utat no detaulr exists under the Leases or any applicable laadlordltenant taw. Mortgagor also agrees to maintain turd require any tenutt to comply with the terms of (Itc Leases..attd applicable law. 13. Li&ASEiIOLDS; CUNDOM1NlUMS; PLANNED UNIT DCbVELOPMiC,N'l5. Mortgagor agrees to comply with the provisions o[ any lean if this Secuiily Instrument is on a' )easehold. If the Property includes a unit in a cottdominlum or a plaoaed unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or rcgulalions of the condominium or planned unit development. 14. DEFAIJI,T. Mortgagor will 6n in default [f any party obligated on the Secured Dcbt fails to make payment when due. Mortgagor will be to default if a breach occttis ender the terrtrs of this Scrwrity -nsttument or arty other document executed for lha purpose of creating, securing ar goarantyfng rho Secured Debt. A goal faith belief by Lender that Lender at any time is insecure with rospeet to any person or entity obligated on tin: Secured Debtor that the prospect of any payment or the value o[ the Properly is lmpaircd shall also constitute an event of default. I5. itEMED1ES ON DEFAULT. In some instances, federal and sate law will require: Leader to provide Mortgagor with notice of the right to cure or other notices and may tstablish time schodules for foreclosure actions. Subject to Ihnse limitations, i[ any, Lender may accelerate file Securod Debt and fottxlose this Security Inslmmcnt in a ruattner provided by law if Mortgagor pis in default. At the option of (ruder, alt or any part aC the agreed fees and charges, scented intc[esl amt principal shall became immediately dtte and payable, after giving notice iF required fry iaw, upon rite oogtrtsnce of a default or anytime tltereaftor. In addition, Lernlcr shall be notified to all fire rnnuxlitq provided by IoW, rho terms of the Secured Debt, this Security instrument slut say related documents. Ail remedies arc distinct, cumulative and not exclusive, and the Lender is entitled to alt remedies provided at law or equity, wheUter or not expressly set forth, The acceptance by Lender of any sum in payment or partial paymau on the Seeurnd Debt alter the 6a[ance ig due or is aaelerated or attar foreclosure prsuxdings' are filed shall not constitute a waiver of Lender's right to require complete wre of any existing default. 13y not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to truer consider the event a defeat[ U it continues or happens again. t /page 3 0/ BJ oras~ttw"..sva.".,tiG.a.owa.uw u•eoo.ssr.:aett ea,aa~arr«o~ txnsrra gQnq~,~~SEiPAGE ~Mr` ,, ~.,,~ Rece3ved_ 8/23/99 12:35PM; AUG-23-1993 MON 09.17 AM > GREG JAVARDIAM lAW OFFICE; Page 5 FAX N0. P. 05/22 f.,,, ~,._'". 16. EXPENSGS; AllVANCES C)N COVENAIVI'S; A'1'fORNTY5' Pf:PS; COI,LIxI'ION COSTS. Except whoo prohlhitea by law, Mortgagor agrees to psy all of Lender's expenses if Mortgagor bec:tches airy covenant In this Security lnslNnteru. Mortgagor will also ~'ty an demand any amour[ incurred by Lender for insuring. inspecting, preserving or odtetwise protecting thc'Properly and', L.ender's security itttemat. These expanse; will bear imerest from the date of the ptrymevtt until paid in full at the 1iigNcst interest talc in cffext as providal in the ternts of the Smtved De61. Mortgagor agrees to pay all costs and expenses ;ncutree! 6y Lutdee in cARecting, eat[otcing ar pttexting Lender's rights and wmcdies under this Se:eutity Ittsttununt. This aatount may, include, but is not limited to, anomeye' [ces, e:onrt costs, geld other legal expturses. This Security Inatruntatt shall remain in et[ect until released. Mortgagor agrees to pay for any rtxotdalion coals of surly release. t7. ENV1RONlV1ENTAL LAWS ANU HAZARI>Ot1S 9UIISTANCE5. As used in this scctiem, (l) Errvironmcntal Law tncans, without limitation, the Comprehrnsiva Environmental Response, Canpensation mid Liability Aa (CEiRCLA, 42 ll.S.C, pGl1l et seq.), nml all other federal, since and local laws, regulations, ordlnsuxce, crmrl orders, attorney general opinionfi ur interpretive: leucrs concemiug dte public health, safety, wetfate, environmern or a haza[dents substance; and (2) liazardoufi Substance means, any toxic, radioactive tx hazardous material, waste, pollalanl or conramiaattt which has characlcrist'tcs which rextder llte stbs~ance dangerous or potentially dangerous to the public hazldr, safety, wdfaro or ettvirotuncnt. The term includes, witbopt limitation, any substances defmcd as 'hazardous roazt:riU,` "lotus subsla»c~," `haysrdaus waste" or "hazardous subsaancx' un~r any EnvironutcNal Isw. Mortgagor represents, warrants and agroes draz: A. Except as previously disclosed and acknowledged in writing to lender, no Hazazdous Substancx is of will be located, stored or released on or in the Properly. This restriexion does not apply Io small gaantitiea of Hazardous Substattccs that ace generally re:wgnired to be appropriate [ar the normal use and tnaintertance of the properly, B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor sad every tenant have been, arc, and shall remain in full cmnpliancc wiilt any applicable Environmeytlal Law, C. Mortgagor shall immediately notify Lender if a release or threatened release oC a Hararclous Substancx Decors on, under or ab'out'the Ptuperty or stele is a violation of spy Envirommental Law eaaexrrting the Property. In such an event, Mortgagor shall take ell tucessary remedial action Ia awurdance with any F,nvironmental law. D, Mortgagor shall immediately naGfy Lender In writing as soon as Mortgagor has reason to believe dtate is any pending or WreateneQ htvestigation, claim, or proexeding rotating tp the release or threatened release of any Hauraous Substance or the violation oFmry Envlrontncntal Law. 1S. CONDEMNATION. Mortgagor will give Lender prompt notice of arty patding or thrcatcrrcd action, by private or public amities to purchase or take any or all of the Proptvty through condemnation, eminent dotrtain, or arty other moans. Mortgagor aulhoitzes''Lender to intervene in M_otigagor's Hama fn spy of the above described actions or claims. Mortgagor assigns to Lender the, proceeds of any award or claim [or damages connected with a condcumazion or other taking o[ all or any part of tits Propcny. Such proceeds shall be cortsidcncd payments and will be applied as provided in this Sexueity htstrament. Tltis assignment oC proceeds is subject to the terms of any prior nwngage, deed of frost, security agreement or other lien document, E9. INSURANCE::. Mortgagor shall keep Property insured aga[nst loss by Ere, flood, theft sad colter hazards and risks reasonably assetciazed'willi the property due to its type and lopiron. This instrance shall be maintained in the amoums and for the periods that lender requires. 'fhe insurance carrier providing die insurance shall be chosen by Mortgagor subject to Larder's approval, which s1a11 tun be unreasonably withheld, if Mortgagor falls to trtaintam rho twvetage described about, lettdcr may, at ~Lender'a option, oblaio coverage to protect Lender's rights in the property according to the terms of this Security ltesrrunten6 All insurance policies and renewals shall be aeseptable to Lender and shall include a standard "mortgage clause' and, where applicable,' "Iws payee clause." Mortgagor shall irtunedialelY notify Lender of cancellation or temtlttalitm of the ittsuranex. Lendtx shall have the right to hold the; policies and renewals. If Lender requires, Mortgagor Shall immediately give to. Lcudcr all rcceipta of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice io the insurance carrier and Lender. Lender may make proo[ of loss if not trade immediately by Mortgagor. sgoK133(i eac~ J~7Jr lpsDs A o/6r 019a0. Se.drl"Eyrlune. Ineo SI. OOW, cal ry-ew~zselt Fam 11ENTG-PA 12a BJ9~. •-- _ - Received: 8/23/99 12:36PM; -> GREG JAVARDIAN LAW OFFICE; Page 6 AUG-23-1999 •MON 09:18 AM FAX N0, P, 06/22 ~ ~~ ~~ ~ • Unlcvs tdhawisc a;:rcctl in writing, all iasunnlx: proceeds shall be applied to rho restoratioa or repair of the Prola:rty ar to the Severed Debl, wheUter or not then due, at Lender's option. Any application of proceeds to principal shalt not extend or postpone the due dale of the scheduled payment riot dtangc the amount of any payment. Any excess will be paid to rile Mortgagor. If the Property is acquired by Lendec,, Morigago~s right to any insurance policies and proceeds ettslthing from damage to the Properly before the acquisition shell pass to Lender to the extent of the Secured Debi irmnedialely before the acquisition. 2U. ESCROW NOR TASFS AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and in5trrattcc in escrow. LI. I4NANCIAL REPORTS AND ADDCTIONAL DOCUMENTS. Mortgagor will provide to Lender upon [equest, any fmanclal statement or infortnalion Lanier may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents ar certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obllgatiotu under this Security lnslrumem and Lrnder's lien status on Qte Properly. 2I:. ]OJN'C AND INDIVIDUAL LIABILITY; COSIGNERS; 5UCCESSOItS AND ASSIGNS ROUND. All duties under this . Security Jttstrutnetu are Johu and individual. If Mortgagor signs this Security Instrument but does oot sign an evidence of debt, .Morigagor does so only to mortgage Mortgagor's interest to the Property to sccuro 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 Leader ettd Mortgagor, Morigagor agrees to waive any rights that tray prevent Lender from bringing any action or claim agalast Mortgagor or arty party lttdebted under the obllgalion. These rights may include, but are not limited to, any anti•daficiency or one•aetion laws. Mortgagor egrets that Lender and any party to this Security [nstcutnent tray extend, tnodi(y or make any chwtgc in the terms of this Severity Instrument or arty evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security lastntment. The duties and bcncCts of this 5ccurily Instrument shalt bind and benefit the successors and assigns of Mortgagor and Lender. Z3. APPLICAIILp. LA1V; SEVERARILITY; INTI;RPRLTAT[ON. This Scnviry instrument is governed by tiro laws of the jurisdiction 9n which Lcndcr is located, i:)tocpt to die talent otherwise minircd by the laws of Utc jurisdiction where the Property is lowted_ Tail Security ]nstrutnent Is complete and fully Inte6raced. This Security insttvmrnt may not be amended or modified by oral agreement. Any section in this Security instrument, attachments, or any agramen[ related ro the Secured Debt that wntlicts with applicable law will not be effective, unless that law expressly or imphcdly perntiW the vaziations by written agreement. [f any section of this Security instrument cannot be enf<rtrcd according to its terms, that soction will be several and will not affect the en[ortx:ability of the remainder of this Security Inattumau. Whenever used, the singular shall lnelttde the plural and the plural the singular. 'the capt[oas and headings of the suctions of this Security Insttutnent are for wavenicnce ody and aro not to be used to interpcel or delinn the terms of ibis Security Inst[urttetu, Time Is of the txsence In this 5eatrity lnslrument. 24. NOTICE. Utiless 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 l of this Security lnstrtuneut, or to any other address designated tR writing. Natlec to otre mortgagor will be deerrtrxl to be nathx to aN mortgagors. 2S, WAIVERS. Gxcept to the cxlent prohibited by law, Mortgagor waives arty right to appratsement relating to flat Property. saolcf336vac~ 576 O 1994 9en~v\ 57,Imm, Ina., 91• e+owd. MN 11.900.797.2761) Pww, Rr.MT0.PA 12/1986 (page b or 61 x,-mss Receive'dc 8/23799 72:36PM; AUG-23-1999•MON 09:18 AM S[CNA'C[i1LE5: By slghlrrg bsiow, Mortgagor, inlettdisg to ix legally bound ltercby, agrors to the terms and wvenants eattained in this',Sceutaty Insttumcm aad In any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on pSge i. ~, ~~~ 2G. (YI'IIRIt TISRf11,S. If altcckcd, the (utlowing ara ttpplicablc to this SttvRt7ly htxlnancnt: O Lbrc of Credit. Tlrc Sccural Debt includes a revolving 1'mc of credit provision, Although ilrc Secured Dcbt may laR reduced to a 7rero balanx, ibis Security lnatrument will retnatn In effect until released. ^ Consdaction Loan. This Security instrument secures an obligarion incurred (or the porlsttUCtion of an improvenrrnt on Ute Property. ^ Fixture )'ding. Mortgagor grams to Lender a security interest in all gaols that Mortgagor owns now or in tiro {afore and that are or will become fixwres related to the Property. This Security Instrument suffices as a linaneing atatontent and any carbon, photographic or other reproduction may 6~c filed of record for purposes o{ Article 9 of the Uniform Commercial Cade. ^ Purchase: Mbney. Tills Security Instrument secures advances by l.cndar rased in whole or in part to acquire the Properly, Accordingly, this Security lnsttvmenl, sad the lien heteutvJcr, is and shall be consttucd as a pnrohsse moacy tnvrlg.~rge with ail of rite rights, priorities and benefits thereof under the laws of the Comrnoowcallh of Putttsylvania. O NO'fIGE 7'U BORROWER: ~'I~S DOCITMENT CONTAINS fiTtOVISIONS FOR A VARIABLE INTERIST RATE. D Riders. The,etrvenanls and agreements of each o[ the riders checked below are incorporated into and supplement and stns of this Seeurtty Ir>strttmant• [Check ail applirabk boxed ^ Condominium Rider D Planned 1Jnit 7)evelop,4nnettt Bider ^ Other ..... .............................................. ^ Additions! Toms. tit=i cs;sa~mK~ SIiARON c a»rr watol r• '~ .,~~~ : r f `G :~ _.......... .............. (VVknetr) -> GHF_G JAVARDIAN LAW OFFICE; Page 7 FAX N0. P. 07/22 lwiuResxl ........................ ACKNOWLEDGIIIEN'1'• /t , , , - , +_ . u ! ~,, COMMONWEALTH OF Rte:?-9XI+UJI~TFk1 ~R .., I.OUNTY OF .[„r1,fd/IA.K.dK. Ud, ,...J as, snawR.,q On this. the .,....-?.~k~.1~s...... day of ..At?;Jb)r`ie..sg.R a.29~. ........, before rrre .KRxAf1X...?.~[lA7GXA......,. tlte~ igned of/icer, soaallY appeared -....'-.-~--f?.~> ::... ................................................... ~ , krmwn to the (ar satisfaetoriiv proven) to be • ~ ~,yiR~jRdti,Slj~~crsma(s) whose name(s) is snbscn'bcd to the withia instrument, attd acknowledged that he/she executed the saute S~ ..~s~'.~ ebutnosrs therein tontaineti. o ~/q~tiylrimcgsyrhereof, i hereunto set my hand and official oral. . :' r 4 T ' i~ 'Mrynai~i n expiresr NOTARIAL $F.AL ~f.- f ~ : ~ ~. . 'iA`~; `tals~ MaryAnnKButcbko,NolaryPnblit: ~~~t•xo~u=~(.~dr. "...7L..~.._.'.~.:~./.........., '• , '- '~~~~; ~~ Carlisle, Cumberland Cttanty '•'•..;:~~>...•:` IHycommissione>7tiregtluly27,1898 ~.~JkkL~ ..............................._.........,......,.. '%' ~rrl,~:~~ 'rarrurornrxr t4~¢•'" city urdficd oral the address of the L,emler within named is: a~..?~. ~e..d4F?~iPX'..~?~.,y............ :,~.4.0.7,.,I4~ir.~~!?~,Y.s..kF.S.t,v..~3R...~:~.IRP...X~YX~F.A..._ ~.Z.9.1.1 ..........................5.. .. .. .. .. set i'..lt:l$ylvnrtlA 2 ..... . ~l/~~ 'tV`i. ......,.. . .. • .... . ,. . ..... {~c:~a. .t .t:;R'~trtu:Rlirrd~i SS . ,. ., .,..~. Sr~..!1.,~:~lk~` .... :.. ... ........ .......... ] •, ftR:r, tar the rec . •;" !~r~ : •' .. • '+ 1 " arding o{ Deckrs'• , ~ A~ Ylst(•i,,,.;,_ri.rnrJ Ca~nfa~. , . ..:• : • ,~ ,d~;.~• •, ; . . ~ ,' :://~ ,,,~,~ a o _~ ~ ~R~.;'. ',;:;;~ ;;:: ;:; % aouK1336eace 577 • oroea a.~un KrsRe~.s, me. rK. appww t+ ~i1 ~ m{w txUea~~{ ;' ' _' ~ ~ /p ps lr o/6/ •.,rtaCOrgBr ' • .~,. l.~.'f ••~•I .~ • Recelvetl: 8/23/99 ~2:3~PM; ~ -> GREG JAVARDIAN LAW OFFICE; Page 8 AUG-23-1999 •MON 09:19 AM FAX N0. P. 08/22 • • NO'M'E • Iarol IorN Inaa1 ,..a~s~.>pxxta~,.~vx. s.~ap'atm. .......................ran.~.zz~z................-..._...,......,...................... ipeawWAdWW 1, BORROWER'S PROMISE TO PAY In remm fm a lose ehst 1 heave taeived, I ptomim to pay U.B. 5....9.321)Q..09 ..................... <Ws anm,mt Ir .,.gr+hitM wi .,gplFfl[tYi....J'p9y.'..,1.L°.S4Tilhe.1,c,..Y.!n:R.tv..'y.•...xar:r...-n.:.:.r_:a :.... :.:.:.:.c......,......,.... 1 undenlana /hat the [ends rosy vansfer Ibis Note. The Lepdm o< mryone who lakkce drls Note try trortsfu and oho Is entllled to receive payovate uuda Ibis Note is celled dN; 'Note Holder.' Z. 1tYTRRE91' Interest will be charggeedd as unpaid prialpd eml0 Ure full aeaua of principal hw been paid. 1 wUl pay Interest al a yearly tole o(.......J,2.bS(t..• %. inteteu will be ettarged heginaing on .........kM9V.(?k.7.9,-.?,996..x .................... The (Merest ree required by th(s Section 2 is ilia rate I wUl pay bah before and a0m any defath described to Seaton d/B) of rich Hole. 3. PAYMENTS U) Behedulad Payments twill pay prlueipsl and Interest by loat:hrg pgyrcaas whrol sehedulcd: 7~7 t will make .._.....3AA ................... payments of 5........9.k3.e~6.......,.._...................... each on the ..~ ......................................................... beglnoln6 on ..C1fk~1:.lA...~.49fi...................... tl I will make peymtmis as (otlows: Q la addlttan to fie paymatta deae[ihed above, i wUl pay a ^balloon payment' o[ S ................................... on ......................................... . The Nole Holder will deliver a rwil m me notice prior b lmlurity that the halloos payment k due. This mWtx will aorta the balloon payment anqunt an4 the dale Ihat it is due. (B) MatuNty Dale and-Piateof Poymeals ' 1 will make them pgymeuu as schWuld atoll I Imve paid all or rim prilxtpd seed interest ant any other charges deecdlNW below dial I may owe uad1Y this Nok. MY achcduled paymeatss will 6e applied b iMCrat he(oro pelaeipal. If, on ...........ki-341dG..a.9,..::R7.6 .................................... I atilt awe amounts under Ihla Nole, [ wUl pay dtoca atnounlt is ruU oa Iha< sate. which is called the -ttWUrlty dak." . 1 will make m7r edtedulad yrymrnls M ~x~en..7YC~. (QOxYff~e..^•,es7CiaEas.,(kuBRrdki.Qa .............:........ ..R,Qn:]Bit,'.6aSA,.:~7[3.d.tski'....~P.t..5T.1A~ ......................:....................................... or u a ditlcmtt place if required 6y the Nok Holder. a, BoRROTi~I'slvclrrTUrREPAv 1 hove',Ihe right to ardk payerana of principal at arty fine before theq are due. A poymtut of principal only is known as a `ptgwymaot.• When f nudm a prcpaymem, t anYt kli the Nok Hoidor in writing that [ as dohlg ro. t msy make a fWl psepsyreeM or partial pkpgymenes wUtmut plryiag mY PmpaYment charge. The Noce Haldee will use sit of myprapaymaas b reduce the anwuM of principal that [ owe under Ibis Note. I[ t make a partid pccpagmem, there aril 6ano changes In the due date or to the atnount o(roy rnaelWy paytrwrrt unlesc the Nate Holder agree In aTllfog m tlmre changes. S. LOAN CHARGI[S ' If a law. Much applies a dill tom and adekh sas maximum tom charges, is fuuUy hnerpreled ~ that the hdaat or odrer loon'ehargee coUeeled or k bE colltaed In eamKGion with thin lace exceed the petmiUed limits, Oua; (i) any such Loan ekai'ge skill lx «dtua:d by the smarm tteensaq' le reduce the charge to !be permitted limit; and 01) any sums already wlleclod from rim ankh exceeded penntttod Ilmita wiU be rcPoadad w tee. fie Now Holder rosy choose to snake this round by rcduclog ilea princpal 1 evve ender this No[e ar blr making a direa payment m me. If a reNnd reduces principal, lhe;reduelion wUl ba taeaka as a pastel prepayment. i. BORROWER'S FAILIIR6 TO PAY AS REQt)IREU (A) i.ala (:barge ear OveNUe Peyrrtetda If the'. Nok Holder hat not «alved the Nll amount of any scheduled payment by the end o[ .xQ ............... relenMr dogs aher NE date U b due, [ will pay a tale chazge m dre Note Holder. Tire moouot aC the charge will be ,,.StSL~,....% of my overdue payment of principal and IMeraL I will pry this lase charge promptly but only enx on each lak payrtxttt, (B) DeOtutt If f dp eat paq the Nll wrtount of as4t scheduled ptrymem on Iho date ie U due, I wUl be In default. (G) Norkx of DNaull I[ t am io defsuly dre Note Holder rtwy send me a wrluen mlira; felling rue that i(t da not pay dre overdue amount by s aerWn data, dm Note Holder mry etsquiro me to pry Imencdlately lire full amonM of princ[pal whirdt hss not been paid and dl tlx Wtercel mat 1 awe on that amoam, The dale must be at least 30 daps after the dak oil whidr the nmla u dcllvercd n nlalled m me. (D) No Welver B)' Nok lioldu Lean if, al a time when 1 sm 1n defmtll, We Nok Holdtt don sot requite roe to pay tamtaiuuely !n N1I at dueribed above, Uro Nob holder wUl eWl 4ave the right k do ro if f am m default at a later Ikts. (E) P'ymmt of Nok Holder's Canoed Expearaa If the Note Holder hm tegaited me k pay ittuludiatdy In NII os desa(bed above, rbe Note Holder wilt Aave the NgM Ice be paid barl by me for ail of hs costs aril eapeow to eafoming this Nok to theextem nor prohibited fry applkadtle law. 7itase tapaaa foeittde, far awmpk, tavomble atmrneya' fee. MULTIPURP068 FlXED RATE NOTE IMULTIBTATE) INIIIea9 araraa4 awr B•, cleric. NNNaax n•rro.maMq reglae/rvNnaY1M 4Ye 1e/w aa°hVnra'gwsmelw_ rm.~.mw _ _ _ r Received: 9/23/99 t2:37PM; AUG-23-1999'MON 09 19 AM ~ GREG JAVAR~IAN LAW OFFICE; Page B FAX N0, P. 09/22 7. GIVING OF N077CE5 Unlees applles6le law tequlrrs a dlfRrml method, any mice that tnnu 6e given le are meet Ibis Nae will ba give by ddiverinB h or by nufllttg h by first class mail m me at the PeapMy Address above or ai a dlUarenl address if 1 giv tiro Naa Holder a aaiee of ryy diffeteal addraa. Any nodes oral rums be gives eo tt,e Nero Holder under m1s Note will ba given Fy codling it by first ctaes rr®il b ills Nole Holder at me scares sorted io Section 3(U) oo page I o[ this Nae m al a ditferanl address if 1 nor given a nolia o[ drat diffowl address. ' g. OBLIGATIONg OF PERSONS UNUP,.P, THIS NOQ'E If more than oue.petsat signs Wls Note, each petaon is fully cad penotwlly dbiigaed to keep dl of Um promlaet made in Ibis Nae, including the promise to pay ilro fall ntttottnt sued. Any parson who E a gnaranlor, wetly or elalorsot of thin Nola is also obligated to do these things. Any parson who takes twat dwo oNigaliow, irmluding the obligMilaN of a grmmntm, auroty m endorur o[ Ihis.Note. 6 also obligated to f'cR all o[ me pmmiaes male in rhic Nole. The Note Holder may anforct iu rigMa Hader lldaNOte agaimt eaeb petaon hrdevidnally or aga{In1 all of w togethW. This means dwt arty one of m may he regaimd W pay all of the amounlx owrA uMer thlr Note. 9. WA1VERg [ and any odor person who hen ahlfgatlons under alit Note naive the rfgltte of prraetttmstrl and wtiee of dixhonor. •PraentrMnr• rneaa9 the r+ghr to require the Note Holder to tlamend payment of amounts due. "Netlee at diahotror• arcane the right to ttaprhe the Hale Holder la glue notice to other persons Wa atwrruts due base test barn peed. 10. SECURED NOTE In addition to the proltaxeow given to the Noln Holder Hader This Nae, a Mangege, Dad of Ttast m Stratrify Deed (the 'Seeurhy [mtmmrnt"), dated the wrro date err Wle Nae, prologs the Nota Holder from passible bssrs which might romp if 1 tb na ktxp the promises whir]t 1 make N Ibis Note. That Seearity lnstrumenl desen'bns boa raJ under what a011ditiaw 1 ltmy he requited m Hake immtediale paytnem hl full of all etmtmis I OVYC lords this Nae. game of lhoxo aMitiats am desaihed as Nllows: Trarefer of the PrapeeiY m a Btate[(rlal Inttss~ M Bortower. !f all m airy part of Iha Progeny m aaq interwl In it W sad or tlanaPorrod (or if a irotteGeial itrterect in Borrorvm 6 s01d m Irmtsfernd am! Borrows is na a sauna( pcxao) vrimmd ILdda'a prior w[illen eonsrm, Ltatder orgy, as iu option, regatro itnmediate paytrtau In full o[ dl sumo soured try thb Saucily [asaumem. IlowtaU, this opQon shall aol 6e eaeroiad by lrrdu iF exercise ie prohibited by federal law as of dtt date o(this Saurhy Instrument. U [.ender eaaeisea mis option. Lender shall give Hotsower notice of accefaetien. The rrol(te ahn(1 provide a pulal of not Ins than 30 days from me data the nail is ddivered or rrmilal wilhln which Bormvrer nines pry sti awes aewte4 by mis Sewrecy, lasWmem. If Boerowa falls to pay these same prior to ma aspiration o[ this pmiod. Lander may invoke atry remedrea pumittpl by [hie 5muily Inslmmaal wilhoul Pusher ttolla m demand on Bortowtt. 1 i. BALLOON PAYMRNT AISCLOSURB iCoraplete the 6eilooa paynreot nala below K Ibis Nae provides Tot a 6slloon pryrneM at Sedlon ](A) on page I o[ ibis Note.] TIDS LOAN LS PAYABLE IN F[A.L ........................................................................................................................ i MUSP REFAY TIUi ENTIR{i PRINCIPAL BALANCE OF THC LOAN AND UNPAID INCBRTfST'IgIEN DIR[, WiDC71 MAY IIII A 1.ARCE PAYMENC. TIIE LBNDCi( IS UNDER NO OBLICATR]N-TO REFI[4ANCETi(E LOAN AT TI(AT TUNE. 1 WILL, TIIERF.FORE, B~ RS'QUDiEb TO MAKE PAYMIO•il' Otfl' OF OTIILR ASSETS TINT 1 hIAY OWN, OR [ Witt KAVETO FTND A LRNAAR, W1DCI1 MAY BB TI(E LENDER 11NVE.THLS I:OAN WITH, WILLING TO LBNA ME TIIE MONEY. IF I REFINANCE THL4 LOAN AT MATURITY,1 MAY IIAVP. TO PAV SOME OR ALL OP 1'HE CLOSWC COSTS NOkh/At.LY ASSOCIATED WITH A NEW LOAN EVEN IF ODTAM R6FIINANCING FROM THE SAME LENDER. W I1NES5 THE HANO(h7 AND sTAL(S) OF THE UNDERSIGN MNrar BYaYBae,,Ire.aT. eLOee. MN lam~aHaLllreaM,aYAMN aR~.11 • .. ..... '1~ ..........................:tiw~raw.0. 5)~I C i2C$JI.Sg.~T ............. ~. ..(Seal) •.aMMi/I /ffign Ongb+al only) tyres a arN -::. - m nw Received: 8/23/99 t2:3BPM; > GREG JAVARDIAN I_AW OFFICE; Page t0 AUG-23-1909 •MON 09;20 AM FAX N0. P. 10/22 S MORTGAGE /. bEED OF TRUST ASSIGNMENT 11695819 For value received, GREEN TREE CONSUMER DISCOUNT CORPORATION ("Assignor"), a corporation organized and existing under the laws of the State of Pennsylvania, hereby assigns to FIRST TRUST NATIONAL ASSOCIATION, its successors and assigns, a6 right, Cale, and interest in and to a certain Mortgage /Deed Of Trust dated August 14, 1996, made by Terry J. Robinson and Sharon C. Robinson, as mortgagor(s), to Green Tree Consumer Discount Corparaiinn, as mortgagee, as filed in the offices of the County Recorder, County of CumbeHand, State of Pennsylvania, together with the Note secured by such mortgage /deed of trust on the following described properly situated In the above county and state, to wit: See attached exhbit A for legal description. Dated this day of 9/90/96. GREEN TREE CONSUMER. DISCOUNT CORPORATION sy: Elaine Hayes, Auth Agent State of South Dakota} )~ County of Pennington ) As a Notary Public for the State of South Dakota, l hereby certify That E4-rine Hayes personally came before me on this dale and acknowledged That she is an Authorized Agehf of Green Tree Consumer Discount Corporation, a Pennsylvania corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in ifs name by her. Witness my hand and offlaal sea) dated (Notary Seal) TNEA TANSSY ~ 36ALt sots tiauicorn '' •-• My Ogrrrnisslon F.spires .aty2:,2ooa ~~~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 1, 2001 TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY 2157 RITNER HIGHWAY SHIl'PENSBURG, PA 17257 SHIPPENSBURG, PA 17257 THIS FBtM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI maybe able to help to save your home This Notice explains how the program works. To see if HEMAP can helpyou must MEET WTI'H A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseline Aeencv. 17ris notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help eacplain it. You may also want to contact an attorney in your azea. The local baz association maybe able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): TERRY J. ROBINSON & SHARON C. ROBINSON PROPERTY ADDRESS: 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 LOAN ACCT. NO.: 6700075788 ORIGINAL LENDER GREEN TREE CONSUMER DISCOUNT COMPANY CURRENT LENDER/SERVICER: CONSECO FINANCE SERVICING CORP. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WTTHIN THE NEXT (301 DAYS. IF YOU DO MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counselinP agencies listed at the end of this notice the lender may NOT take action against you for thirty Ll davs after the date of this meetine. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the count~m which the property is located aze set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tiled and aze unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmazked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WII.L BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance aze very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. Tho Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pemssylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTEb BY THE FII,ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have fled bankruptcy you can still apply Cor Emer[rencv Mortnane Acaiatancel HOW TO CURE YOUR MORTGAGE DEFAULT Brine it un to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aze now past due: 3/8/00 thm S/8/01 at $813.66 per month. Monthly Payments Plus Late Charges Accrued: NSF: Attorney fees: Insurance: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $12,204.90 $50.00 $12,254.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable lq/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,254.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavment must be made either by cashier's check certified check or money order made able and sent to: CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE, TEMPE, AZ 85283, ATTENTION: CANTLE HARNETT. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THEtTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the moctga eg debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instinct its attorney to start legal action to foreclosure unon your mortgage nronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. L`the lender refers your case to its attomey, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings aze started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY neriod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIILTY (30) DAY period and foreclosure proceedings have begun, you still have the ri t to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by specified in writing by the lender and by nerformine any other requirements under the morteaee Gtiuing your default in the rnauuer set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the eazliest date that such a Sheriff s Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Nofice. A nofice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or acfion will be by contacting the lender. HOW TO CONTACT THE LENDER- CONSECO FINANCE SERVICING CORP. 7360 SO. KYRENE TEMPE, AZ 85283 TEL NO. (888) 315-8733 x 36239 ATTENTION: CANTLE HARNETT EFFECT OF SHERIF'F'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgage$ property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges and attorney's fees and costs are paid prior to or at the sale that the other requirements of the mortgage aze satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIltD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO C[ IRE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTffU'fED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Y Yours, u~ ~TTORNEY OR ER NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. ' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Ina Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg YMCA of Cazlisle N. 6s' Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717)234-5925 (717)243-3818 FAX (717) 234-9459 FAX (717} 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Cazlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLLVANIA BULLETIN, VOL. 24, N0.23, JUNE S, 1999 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Ruth Hernandez, Foreclosure Manager • CONSECO FINANCE CONSUMER In The Court of Common Pleas DISCOUNT COMPANY Plaintiff Ctunberland County v. TERRY J. ROBINSON No. 01-4552 SHARON C. ROBINSON Defendants TO: TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 DATE OF NOTICE: 8/24/01 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appeazance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth agailist you. U~iless you act widain ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland Bar Association Lawyer Referen S ice Z Liberty A n ~ Carlisle, PA 13 (717) 249-3 6 Gregory Javardian, Esquire 44 Second Street Pike, Suite 101 Southampton, Pa 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de uu tennino de diez (10) digs de esta notification, el tribunal podia, sin necesidad de cotnpararecer usted en Corte o escuchar prueba algwza, dictar sentencia en su contra usted puede perder bienes y otros derechos importautes. Debe llevar esta notification a un abogado inmlediatemente si usted no time abogado, o si no time dinero suficiente Para tal servicio, vaya en persona o Name por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. SS669 44 SECOND STREET PIIO;, SUITE 101 SOUTHAMPTON, PA 18966 1215)942-9690 CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY CUMBERLAND COUNTY vs. TERRX J. ROBINSON SHARON C. ROBINSON No.: 01-4552 VERIFICATION OF NON-MiLYTARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and beliei; he has lrowledge of the following facts, to wit: (a) Defendant(s), TERRY d. ROBINSON and SHARON C. ROBINSON, is/are 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 Refief Act of Congress of 1940, as amended. (b) Defendant, TERRY J. ROBINSON, is over 18 years of age, and resides at 21 S7 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. (c) Defendant, SHARON C. ROBINSON, is over 18 years of age, and resides at 2157 RITNER HIGHWAY, SHIPPENSBURG, PA 17257. (d) Plaintiff, CONSECO FINANCE CONSUMER DISCOUNT COMPANY, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 7360 SO. ICYRENE, TEMPE, AZ 85283. `This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to mmswom falsification to authorities. G G Y VARDIAN, ESQUIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ 85283 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 vs. TERRY 7. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHII'PENSBURG, PA 17257 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Aunt Due Interest from 9/21/01 to Date of Sale @ $14.62 per diem $88,958.03 Subtotal (Costs to be added) ARDIAN, ESQUIRE 44 Second Street P~7ce, Suite 101 Southampton, PA 18966 (ZIS) 942-9690 1 - ALL that certain tract of land situate in the Village of Stoughstown, North Newton Township, Cumberland County, Pemisylvania, more particularly bounded and descn`bed as follows: BEGINNING at a point, a Pazker kalon nail in the centerline of the Ritner Highway (U.S. Route I i), at corner of lands now or formerly of Sharp S. Jumper; thence along lands now or formerly of Sharp S. jumper, North eighteen (i$) degrees twenty-eight (28) minutes forty-three (43) seconds West, two hundred twenty-sic and sixty-five hundredths (226.25) feet (passing tluough an iron pin on line twemy-five and eleven hundredths (25.11) feet from the aforesaid Parker kalon nod) to an iron pin; thence along lands now or formerly of Terry J. and Sharon C. Robinson, South seventy (70) degrees fifty-three (53) minutes thirty-two (32) seconds West, nine and fifteen hundredths (9.15) feet to an iron pin; thence along lands of same South seventy-one (71} degrees thirty-two (32) minutes fifty-two (52) seconds West, one hundred one and thirty- seven hundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R. Williams, South zero (00.00) degrees Si1iy-mne (S9) minutes forty-nine (49) seconds West, forty- three and seventy-mom huralredths (43.79) feet to an iron pin; tl~nce along lands of same, South sixteen (16) degrees fifty-nine (59} minutes fifty-six (S6) seconds East, one hundred ninety-one and severity-one hur~redths (191.71) feet to a Parker kalon nail in the centerline of the Rimer Highway (LT.S. Route l l) (passing through an iron pin an line twenty-five and eighteen hundredths (25.18) feet from the aforesaid Parker kakm nail); thence over the centerline of Ritner Highway (CJ.S. Route 11) North sixty-six (66) minutesthirty-four (34) seconds East, one hundred thirty and eighty-one hundredths (130.81) feet to a Parker katon nail, the point and place of $EGINNING. Containing 29,272 square feet, more or less. SUBJECT to a fifty (SO) feet wide private right-of--way k-cated immediately adjacent to the eastern boundary of the lot herein conveyed, for ingress, egress, and regress to a certain parcel of land consisting of 5.570 acres, more or less, lying immediately to the North of the lot herein conveyed and being owned by Terry J. and Sharon C. Robinson, husband and wife, through deed from James W. Robinson dated July 8, I994, and recorded in Cumberland County Deed Book 109, page 092. The description of the lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bart, RS., dated March 1, 1995. BEING known as 2157 Rimer Highway, Shippensburg, PA 17257. BEING THE SAME PREMISES which Bazbaza L. McMullen, unmarried, by Deed dated April 19, 1996 and recorded Apri119, I996 in Deed Book 137, page 965, in the Recorder of Deeds Office in and for Cumberland County, granted aril wnveyed unto Terry L. Robinson and Sharon C. Robinson, husband and wife. LAW OFFICES OF GREGORY JAVARDIAN By; GREGORY JAVARDIAN, ESQilIRE IDENTIFICATION N0.55669 44 SECOND STREET PIKE, SUITE 10] SOUfHAMI''I'ON, PA 18966 (2151942-9690 CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY CUMBERLAND COUNTY vs. No.: 01-4552 TERRY J. ROBINSON SHARON C. RO$INSON NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TERRY J, ROBINSON SHARON C. ROBINSON 2I57 RiTNER ffiGHWAY SHIPPENSBURG, PA 17257 Your house (real estate) at 2157 RI~NE_,~HIGHWAY SHIPPENSBURG,, Ap 17257 is scheduled to be sold at Sheriffs Sale on MACH 6.2002 at 10:00 A.IvL, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of 588,958.03, obtained by CONSECO FINANCE CONSUMER I)ISCOI7NT COMPANY, against you. NOTICE OF OWIVER!S_RIGHTS YOU MAY BE ABLE TO PREVENT THIS SI~RIFFS SALE To prevent this Shetifi's Sale, you must take immediate action: L The sale will be cancelled ifyou pay to the ubrtgagee the hack payments, late charges, costs and rea~nable attorcey's fees due. To find out how much you must pay, you may call: 2i,1 942-9690. 2. You may be able to stop the sad by filing a petition asking the Court to stn1ce or open the judgmen, 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 notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sate is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling X2151942-9690. 2. You may be able to petition the Court to set aside the sate ifthe 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 in the sale. To fmd out if tt»s has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. Ifthe amount due from the Buyer is not paid to the Sheri$ you w~71 remain the owner of the property as ff the sate never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer maY ~8 legal Proceedings to evict you. 6. You maybe entitled to a simre of the money which was paid for your house. A schedule of distribution of the money bid for your house wi71 be filed by the Sheriff. This schedule will state who wHl be receiving that money. The money wdl be paid out in accordance with this schedule untess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have otter rights and defenses, or ways of getting your home back, if you act immediately a8er tta; sate. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. liF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLL5Y.E, PA 17013 TELEPHONE: (717) 249 3166 (800) 990-9108 ,i -, ALL that certain tract of ]and situate in the Village of Stoughstown, North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and descn'bed as follows: BEGINNING at a poirrt, a Parker kalon nail in the centerline of the Rimer Highway (U.S. Route 11), at corner of lands now or formerly of Sharp S. Jumper; thence along lands now or formerly of Sharp S. Jumper, North eighteen (1$} degrees twenty-eight (28) minutes forty-three (43) seconds West, two hundred twenty-six and sixty-five hundredths (226.25) feet (passing through an iron pin on line twenty-five and eleven hundredths (25.11) feet from the aforesaid Parker kalon nail) to an iron pin; thence along lands now or formerly of Terry J. and Sharon C. Robinson, South seventy (70) degrees fifty-three (S3) minutes thirty two (32) seconds West, nine and fifteen hundredths (9.15) feet to an imn pin; thence along lands of saate Southseventy-one (71) degrees thirty-two (32) minutes fifty-two (52) seconds West, one hundred one and thirty- sevenhundredths (101.37) feet to an iron pin; thence along lands now or formerly of Allen R. Williams, South zero (00,00) degreesfifty-nine (59) minutesforty-nine (49) seconds West, forty- three and seventy-trine hundredths (43.79) feet to an iron pia; thence along lands of same, South sixteen (1~ degrees fit13--nine (59) minutes fifty-six (5~ seconds Bast, one hundred tvuety-one and seventy-one hundredths (191.71) feet to a Parker kalon nail in the centerline of the Ritner Highway (U.S. Route 11) (passing through an iron pin on line twenty-five and eighteen hundredths (25.1$) feet from the aforesaid Parker kalon nat3}; thence over the centerline of Ritnet Highway (U.S. Route 1 I) Notch sixty-six (6~ minutes thirty-four (34) seconds East, one hundred thirty and eight}-one hundredths (130.$1) feet to a Parker kalon trait, the pohrt and place ofBEGINNING. Containing 29,272 square feet, more or less. SUBJECT to a fifty (50) feet wide private right-of-way located immediately adjacent to the eastern boundary of the lot herein conveyed, for ingress, egress, and regress to a certain parcel of land consisting of5.570 acres, mare or less, lying immediately to the North oftln lot herein conveyed cad being owned by Terry J. and Sharon C. Robinson, husband and wife, through deed fmm James W. Robinson dated July $, 1994, and recorded in Cutnberlatxi County Deed Book 109, page 092. The description of the lot herein conveyed was taken from a re-survey of said lot, by Carl D. Bart, RS., dated March i, 1995. BEING known as 2157 Rimer highway, Shippensburg, PA 17257. BEING THE SAME PREMISES which Barbara L. McMullen, unmarried,.by Deed dated April 19, 1996 and recorded April 19, 1996 in Deed Book 137, page 965, in the Retarder of Deeds Office in and for Cumberland County, gratrled and conveyed unto Terry L. Robinson and Sharon C. Robinson, husband and wife. LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIItE IDENTIFICATION N0.55669 44 SECOND STREET PIICE, SUITE 101 SOUTHAMPTON, PA 18966 ~,5) 942-9690 CONSBCO FINANCE CONSUMER DISCOUNT COMPANY vs. COURT OF COMMON PLEAS CUMBI?ItLAND COUN'T'Y No.: O1-4552 TERRY J. ROBINSON SHARON C. ROBINSON CERTIFICATION TO SIiERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REA)e ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied O Vacant () Commercial () As a result of Complaint in Assumpsit (7~ Act 91 complied with ARDIAN, ESQUIRE CONSECO FINANCE CONSUMER DISCOUNT COMPANY vs. TERRY J. ROBINSON SHARON C. ROBINSON CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 01-4552 AFFIDAVIT PURSUANT TO RULE 3129.1 PlaintifT in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~ 57 RITNER I3~G, 3~AY SHIPPENS~URG PA 1727: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: TERRY J. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 SHARON C. ROBWSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgmern is a record lien on the real property to be sokl: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. .~ 4, Narc~ and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertai~d, pleasesndicate) Plaintiff. S. Name and address of every other person who has any record lien on the property: Nam Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Nam and address of every other person who has auy record interest in the property and whose interest maybe affected by the sale. Namc Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland Courny Tax Claim Bureau Dept. of Pubfie Assistance 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 33 Westminster Drive, P.O. Box S99 Cazlisle, PA 17013-0599 7. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants(Occupants 2157 RITNER HIGHWAY SHLPPENSBURG, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, irdornoation awl belief I understand that false statements herein are subject to the penalties of 18 Pa. GS.A. 4904 relating to unsworn falsification to authorities. c G Y J VARDIAN, ESQUIRE orney f laintiff September 21, 2001 :,;~._ , I.A~V OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDTAI3, ESQUIRE IDENTIFICATION N0.55669 44 SECOND STREET PIICE, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 CONSECO FINANCE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS vs. TERRY 7. ROBINSON SHARON C. ROBINSON CUMBERLAND COUNTY No.: 01-4552 AFFIDAVIT OF SERVIC,~ PURSUANT TQ RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by PaR.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 TERRY J. ROBINSON 2157 RITN)rR HIGHWAY SHIPPENSBURG, PA 17257 Cumberland Comity Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenanta/Occupants 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 Dated: _~-~ SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 GRE Y JAV IAN, ESQUIItE Atto ey for Plaint' - ~_>_- - .. '.F >.. ffd .v -.c...i xi ~-~=-.c .,cc ~,; ,t < < ,oF,uo'xmiscc~...rs~.e~„"~~ sTQ. .r:C~+^? ~. - ~ -- ~ _ _ 9.'. 4 ~._ _~~ Reeai°ad From: THE LAW OFFICES OF GREGORYJAVARDIAN q OND STRE T PIKE Ona piece of ordinary mail addressed to: DEPARTMENT OF PUBLIC '~'~ WRSTMINSTER DRIVE, RE:ROBINSON 1i t ~. 1 ' ° ° Poate9e $ ~n ° Cartifled Fae fU Retum Receipt Fea (Endarsemam Required) ° i ° R~aicted Delvery Fee ° (Endorsemem Regalred) ° @ 7otel Postage BFees .p m u'I ant o o S`"~YS'f' "iYi'1~E~°' ~ city'~,gz~P~a'B~}RG rl ~ fi n~ f~ ~ _ ~ ° Postage ~' " ° - -- ~ Canlfled Fee N Ratum Receipt Fee ° (Endorsement Required) ° ResMCted DelNery Fee ' - O (Entloreement Required) ° Total Postage & Feea !t+1 ant To ~ TENAN_T~L9GS ' ~ ct~r~~ii3ii 11 ~ Y*r'~' r~_.. 4 Rare G7 2001 ~~ ,, _ t... 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E p~~ p ~^~OO Z O Z~ ti m Z m~4 9 mu FQ ~¢~O. Q >~ho ~oo~ m =off Q}}W.. ~ a_ i9!~w~ m ~ ~ m E T m Z ~ . ~n°9pw~. ms, eramenme~rmwmx~a®... September 21, 2001 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. NOTICE OF SHF,RIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMAN'T'S TERRY J. ROBINSON and SHARON C. ROBINSON CONSECO FINANCE CONSUMER DISCOUNT COMPANY TERRY J. ROBINSON and SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBTIRG, PA 17257 01-4552 The above captioned property is scheduled to be sold at Sheriffs Sale on MARCH 6.2002 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriffs Sale to protect your interest. A schedule of distn"bution 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. Sin , ~,~.- gory Javar ' quire Law Offices of Gregory 7avardian 44 Second Street Pike, Suite 101 Southampton, PA 18966 (215) 942-9690 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIKE IDE1QTiFICATION N0.55669 44 SECOND STREET PIKE, SUITE 101 SOiTfHAMI•fON, PA 18966 (2151942-9690 CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SO. KYRENE TEMPE, AZ SS283 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-4552 vs. TERRY J. ROBINSON SHARON C. ROBINSON 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TERRY J. ROBINSON and SHARON C. ROBINSON, Defendant, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $87,460.43 Interest 114y97~f0 7(19!01 to 9/21/01 TOTAL $88,958.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Damages are hereby assessed as indicated. DATE: C- - d7 -UI PRO PROTHY SHERIFF'S RETURN - REGULAR CASE N0: 2001-04552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CNSUMER DIS CO VS ROBINSON TERRY J ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE TERRY J DEFENDANT was served upon the at 1957:00 HOURS, on the 31st day of July 2001 at 2157 RITNER HIGHWAY PPENSBURG. PA 17257 SHARON ROBINSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~ day of ab~U/ A.D. Prothono~ r ~' So Answers: ~°'~~.~ R. Thomas Kline 08/01/2001 GREGORY JAVARDIAN By: Deputy eriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-04552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CNSUMER DIS CO VS ROBINSON TERRY J ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBINSON SHARON C the DEFENDANT at 1957:00 HOURS, on the 31st day of July 2001 at 2157 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to SHARON ROBINSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this L `= day of P~fo honotary ' So Answers: ..~' R. Thomas Kline 08/01/2001 GREGORY JAVARDIAN By~__ ~~ ~.«. Dep y S eriff