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HomeMy WebLinkAbout03-2509Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COM~{ON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff VS. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 and Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. Defendants CIVIL ACTION: FORECLOSURE - COMPLAINT :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT H_AVE A LAWYER OR CA/NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PA 17103 717)249-3166 V~HICH IS TO ~OLLECT A D~BT AND tNbX)RMATtON OBTAiNE, D FROg.q ANY ?~'~r'Ob~S E~z, %%~LL ~ ~ ........ YOU OR AVI S 0 LE HAN DEM_ANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DES?UES DE SER SERVIDO CON ESTA DENLANDA Y AVISO. PAikA DEFENDERSE ES NECESSARIO QUE USTED, O SU A_BOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UNABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 LEBERTY AVE, CARLISLE, PA 17103 (717)249-3166 2 C~~ ~. · .. . . - ..- .. · -. "' co~ua ~e coEac~a~ of 7o~. dab~ "' .. 'r,'F,¢-~'. CCi.t:~O]E~..'~."tG. CCL~'~,'. 1. Plaintiff is Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are Robert Levesque and Gail Ann Levesque, with an address as set forth above. 3. On March 6, 2002 Robert Levesque and Gail Ann Levesque executed and delivered a Mortgage upon premises hereinafter described to Conseco Bank, Inc., which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1751, at page 3729 on March 11, 2002. 4. The said mortgage was assigned on July 29, 2002 to Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company, said Assignment being recorded in Assignment of Mortgage Book No. 689, Page 708 on August 5, 2002. 5. The premises subject to said Mortgage are known as 24 N. 2nd St., Wormleysburg, PA 17043 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on November 11, 2002, and as due on the eleventh day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due 3 THIS IS A ?ROc"~.35 THE PURPOSE OF WHICH IS TO COLLECt. A DEBT AND ANY 1N.rFORM. A~O~q OBTA.iNSD FROM YOU A.t'~ON'E ELSE WU~ BE USED TO ~tAT thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was ONE THOUSAND ONE HUNDRED EIGHTY SIX DOLLARS AND 42 CENTS ($1,186.42). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $118.64 per month from 11/11/2002 to 05/15/2003. (c) Interest from 10/11/2002 through 05/15/2003 at $38.73 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $105,880.74 $711.84 $8,405.43 $9293.94 $5,294.04 $335.00 $115.50 $237.28 $0.00 $130,273.77 In addition, interest at the rate of $38.73 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $130,273.77 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: May 15, 2003 Respectfully submitted, Comroe Hing LLP Comroe, Esquire SupremeCourt I.D. 25694 Attorneys for Plaintiff VERIFICATION R~h Her~andez for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating ;to unsworn falsification to authorities, and that same are t~ue upon the signer's personal knowledge or information and belief. Ruth Hernandel, /~oreclosure Manager DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Wormleysburg, County of Cumber/and and State of Pennsylvania, more particularly bounded and described as follows, according to survey of Ernest J. Walker, Professional Engineer, dated October 8, 1968, as follows, to wit: BEGINNING at a point at an iron pin on the Westerly line of Second Street which point is 25 feet South of the Southwesterly corner of Second and Chestnut Streets; thence along the Westerly line of Second Street South 29 degrees 0 minutes East 27 feet to a point at an iron pin; thence South 61 degrees 0 minutes West 150 feet to a point at an iron pin on the Easterly line of a 20 foot wide public alley; thence along same North 29 degrees 0 minutes West 27 feet to a point at an iron pin; thence North 61 degrees 0 minutes East 150 feet to a point, the place of beginning. BEING al/of Lot No. 58 and the Northern 2 feet of Lot No. 57 on the Plan of Edgewater as recorded in the Cumberland County Recorder's Office in Deed Boole 4-L, page 1. HAVING thereon erected a two and one-half story brick and vinyl siding dwelling known as and numbered 24 North Second Street. Tax Parcel//20-1858-065 CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road TemlS~, A'i-~.oS~- 8 ~ z S -~ -4583 s88-~ ~ 5-8?33 CONSECO. ROBERT LEVESQUE 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 01/08/03 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (PersOns with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDtMIR SU HIPOTECA. G:\thayer\debt collectionX31OD~PA. Act91 .NOD.2.doc PAGE 01/08/03 TO: ROBERT LEVESQUE 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Loan No.: 6913066673 SSN: 006361371 Mortgaged Premises: 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 FROM: Conseco Finance Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .... IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, .... IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND .... IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE .... Under the Act, you are entitled to a temporary stay Of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are 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. G:\thayer\debt collectionXNODLPA.Act91 .NOD.2.doc PAGE 2 CONSECO FINANCE SERVICING CORP. 796o S Kvrene Road Te,n ~% ,~ ~zoS;~ 8'5.-8 ~-4 ~ 8 ~ 888-;~ 5-8733 CONSECO. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons'set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION .... Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania 'Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES - ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your property located at: 24 NORTH 2ND STREET, 01/08/03 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/11/02 -$1186.42, 12/11/02 -$1186.42, 1/11/03 - $1186.42, -0.00, . Other charges (explain/itemize): Late Charges: $474.56, NSF Fee: $0.00. Escrow: $0.00 FT Taxes Advanced:. TOTAL AMOUNT PAST DUE: $4033.82. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $4033.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance~ 7360 So Kyrene Rd. Tempe, AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) G:\thayer\debt collectionXaNOD~PA.Act91 .NOD.2.doc PAGE 3 CONSECO FINANCE SERVICING CORP. 736O S Kyrene Road Tem~, A~z~-~ 85283-4583 gSg-3 ~ ~-873 ~ CONSECO® IF YOU DO NOT CURE THE DEFAULT .... If you do not cUre the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, yOu will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will b.e added to the amount you owe the lender, which may also include other reasonable costs. If you cure the d~fault within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .... The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SheriWs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's. fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulte& EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait~ You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Rd, Tempe AZ 85253 Phone Number: 1-800-603-1109 Fax Number: 480/333-6460 EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. G:\thayer\debt collectionkNODLPA.Act91.NOD.2.doc PAGE 4 CONSECO FINANCE SERVICING CORP. ~ 736ofi Kvrene Road Teml~, A~'~zo-n,~ 8'5z83-4583 888-3 ~ 5-8733 CONSECO. ASSUMPTION OF MORTGAGE .... You ~ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. .... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. .... TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File G:\thayer\debt colleetion~qOD~PA.Act91 .NOD.2.doc PAGE 5 GAIL LEVESQUE 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 01/08/03 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. 'If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR' VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. G:\thayer\debt collectionXaNOD~PA.Act91 .NOD.2.doc PAGE 01/08/03 TO: GAlL LEVESQUE 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 FROM: Loan No.: 6913066673 SSN: 202425759 Mortgaged Premises: 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Conseco Finance Consumer Discount ComPany HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU 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 T° PAY YOUR MORTGAGE PAYMENTS, AND .... IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE .... Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE D " EFAULT , EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are 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. G:\thayer\debt collectionhNODLPA.Act91 .NOD.2.doc PAGE 2 CONSECO FINANCE SERVICING CORP. 73~6o~_S_Kyrene Road Temb~, ArTzOna 85z83-4583 888-3 ~5-8733 CONSECO® APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons 'set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION .... Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES - ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your property located at: 24 NORTH 2ND STREET, 01/08/03 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/11/02 -$1186.42, 12/11/02 -$1186.42, 1/11/03 -$1186.42, -0.00, . Other charges (explain/itemize): Late Charges: $474.56, NSF Fee: $0.00. Escrow: $0.00 FT Taxes Advanced: $0.00 TOTAL AMOUNT PAST DUE: $4033.82. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $4033.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So Kyrene Rd, ..Tempe, AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) G:\thayer\debt collectionLNOD~PA.Actgl.NOD.2.doe PAGE 3 CONSECO' FINA.NCE SERVICING CORP. 7360 $ Kyrene Road Temt3~% Artzo~ 85zS~,-458q 888-3 t5-8733 CONSECO® IF YOU DO NOT CURE THE DEFAULT .... If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .... The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's - fees and costs connected with the foreclosure sale and any other costs connected with the SheriWs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted.: EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the SheriWs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Rd, Tempe AZ 85253 Phone Number: 1-800-603-1109 Fax Number: 480/333-6460 EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. G:\thayer\debt collection~lODLPA.Act91 .NOD.2.doc PAGE 4 CONSECO FINANCE SERVICING CORP. 736o $ Kyrene Road Temb~, Ar?z(~'~ 85z83-4583 888-3 ~ ?8733 CONSECO. ASSUMPTION OF MORTGAGE .... You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, proVided that all the outstanding payments, charges and attorney's fees and costs are paid prior to orat the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. .... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OccuRRED, IF YOU Ci3RE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List Cc: Customer File G:\thayer\debt collection~lODLPA.Act91 .NOD.2.doc PAGE 5 DAVID B. COMROE GLENN F. HING LAW OFFICES COMROE HING LLP 3RD FLOOR 1608 WALNUT STREET PHILADELPHIA, PA 19103 (215) 568-0400 FAX NUMBER (215) 568-5560 ROBERT J. WtLSON BLAIR KALISH ADLER TO: Robert Levesque 15 Mallard Court Mechanicsburg PA 17055 DATE: April 14, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell, to save your home. This Notice explains how the program works. To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ¥o1~ when you meet with the Counseling Agency. The name address and phone number of the Consumer Credit Counseling Agency serving yom County are listed at the end of this Notice. If you have any questions, you may call th~: Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to'help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFIC~CIONOBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PPd2STAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR S'U HIPOTECA. HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.- ORIGINAL LENDER: CURRENT LENDER/SERVICER: Robert & Gall A. Levesque 24 North 2nd St. Wormleysburg PA 6913066673 Conse¢o Bank Inc Conseco Finance CDC 17043 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UI' TO DATE. . ..... CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the ~Onsumer credit counseling agencies listed a the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting..The names and addresses and telephone numbers of .designated Consumer credit counselin~ agencies for the county in which the property is located art: set forth at the end of this notice. It is only necessary to schedule one fac'e-to-face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer cr'edit co'unseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 24 N 2nd St. Wonnleysburg PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS.;The following amounts are now past due: Monthly Payments (November 11, 2002 through April 14, 2003 payments at $1,186.42 each) $7,118.52 Late Charges (November 2002 through April 14, 2003 payments at $118.64 each) $ 593.20 Other charges (explain/itemize): Accrued Late Charges $ '118.64 TOTAL AMOUNT PAST $7,830.36 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,830.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco · Finance CDC 7360 S. Kyrene Rd Tempe AZ 85283' You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~a~oed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure th[: delinquency before the lender begins legal proceedings a~ainst you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceeding:~ are started against you, you will have to pay all reasonable attorney's fees actually incurred by th~, lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you wilt'not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtairied a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured th~: default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still haw: .the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other cost~ connected with the Sheriffs Sale specified in writing by the lender and by performing any othe, requirements under the mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTII IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO'THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff'~ Sale of the mortgaged property could be held ,would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before th~: sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Creditor: Address: Phone Number:. Fax Number: Contact Person: Conseco Finance CDC 7360 S. Kyrene Rd Tempe AZ 85283 800/603-1109 480/333-6460 Customer Service EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You may or x may not (check one) aTO SELL OR TRANSFER THE YOUR HOME TO A BUYER OR TRAN-----SFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. YOU MAY ALSO HAVE THE RIGHT: >TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. >TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. _>TO HAVE THE M©RTOAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN AN~ CALENDAR YEAR.) _> TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, .>TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST oF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO otrUly ylburs, MROE, ESQUIRE CERTIFIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and any information obtained from you or anyone else will be used to that end. 1736 STATSMENTS OF POLICY Commiss{on on ~.mnomics Opp~r:uni~ of Luzeme CounL7 153 .~-m~r T.~ ~, - V~Ikes-Barre, PA 18702 (570) 825-0510 or (800) 822-0359 FAX (570) 829-1565--Cal1 Before FaW=g (717) 455-4994 Hazelmn FAX (717) 455-5631--Ca~1 Before (717) 836-4090 Tunkhannock Booker T. Washington Cen~er I720 Holland St:tee: Erie, PA 16503 (814) 453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc 2021 East 20th Er~e,.PA 15510 (814) 598-0400 FAX (814) 898-1243 CRAW'FORD COUNTY CCCS of Western Pennsylv=n.L% Inc. 2000 Linglesrnwn Road Ha~bu~. PA 17102 (717) 541-1757 Urb~ ~a~e of Me~~ H~bu~ N. 6~ S~e~ Ha~sbu~, PA 17101 (717) 234-5925 · F~ (717) 234-9459 Communi~ ~on Co~ of ~e Capi~ 1514 De~ S~ Ha~sbu~, PA 17104 (717) 232-9?57 F~ (717).234-2227 cccs of Western pe-=-~ylvani~ Inc- 2000 Linglestov~ Road Harrisbu~, PA 17102 . (717) 541-1757 FAX (717) 731-9589 Co-~-~unit'y As:~ion Ca-~mi~sion of ~he Capi~.e] Region .1514 Derry S~reet Harrisburg, PA 17104 -. , _. (717) 232-9757 FAX (717) 234-2227 · Acorn Housing Corporation 846 North Broad St:feet Philadelphia, PA 19130 (215) 765-1221 FAX. (215) 765-1427 CCCS of De[aware Valley 1515 Market S~reet-Sui~e 1325 Philadelphia, PA 19107 (215) 563-5865 FAX (215) 864-2666 ' Medi~ Fellowship House 302 S. Jackson Street Media, PA 19063 (510) 565-0846 Grea~er Er/e Co~munit-y Action Committee 18 West 9th Sta-ee: Erie, PA 16501 (814) 4594581 FAX (814) 456-0161 Shenang~ Valley Urban Lea~e, Inc. 601 Indiana Avenue Fan'etl, PA 16121 (412) 981-5310 CLqV/~E~qLAh'O COUNTY Financ[al C~unseli~g Services of F~ 31 West 3~ S~ Wa~es~, PA 172~ (717) 762~285 ~CA of C~le 301 G S~t (717) 243-38~8 F~ (717~ 731-9589 139-143 C~le St ~b~,' PA 17325 - (717) 33~1518 ' ~ (717) 33~8326 DA~ C O~ 2107 No~ f:~ S~t H~b~, PA 17101 . (717) 23~5925 F~ (717) 23~9459 D~,T ~.WAtt.E C OLFNTY Northwest Coun~Hng ~rv~ce 5001 Nor~.h Broad S~t P~adelph~, PA 19141 (215) 32~7500 F~ (215) 32~8753 ~CE 167~W. ~egheny Ave, 2nd Flor Ph~adelp~, PA ~9140 · . (215) 42~8025 F~ (215) 42~9122 Comm~ Ho~g ~elcr, Inc. P. O. ~ 2~ ~e~ ~ua~, PA 19348 (610) ~2 F~ (610) ~8~3 PENNSYLVANLa, BULLET~N, VOl_ ~, NO. 14, APRIL 3, 1999 DAVID B. COMROE GLENN F. HING LAW OFFICES COMROE HING LLP 3RD FLOOR 1608 WALNUT STREET PHILADELPHIA, PA 19103 (215) 568-0400 FAX NUMBER (215) 568-5560 ROBERT J. WILSON BLAIR KALISH ADLER To; Gail Ann Levesque 15 Mallard Court Mechanicsburg PA 17055 DATE: April 14, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your honqe is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell~ to save your home. This Notice explains how the program works. To see if HEMP can help, you must MEET WITH'A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ¥o~ .when you meet with the Counseling Agency. The name address and phone number of the Consumer Credit Counseling A~ency serving yom County are listed at the end of this Notice. If you have any questions, you may call tN: pennsylvania Housing Finance A~:enc¥ toll free at 1-800-342-2397. (Persons with impaired hearing: can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER_ECHO A coNTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIONqDBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOusING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRI2STAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): Robert & Gail A. Levesque PROPERTY ADDRESS: 24 North 2nd St. Wormleysburg PA 17043 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 6913066673 Conseco Bank Inc Conseco Finance CDC HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the Consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) ..DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUSI' BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit counseling agencies listed a the end of this notice, the lender may NOT take action against you 'for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers of designated Consumer credit counseling agencies for the county in which the property is located art: set forth at the end of this notice. It is only necessary to schedule one fa6e-to-face meeting. Advise your creditor immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated Consumer credit counseling agencies listed at the end of this Notice. Only Consumer cPedit co'unseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR AppLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH 1N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 24 N 2nd St. Wormleysburg PA 17043 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS..The following amounts are now past due: ' Monthly Payments (November 11, 2002 through April 14, 2003 payments at $1,186.42 each) $7,118.52 Late Charges (November 2002 through April 14, 2003 payments at $118.64 each) $ 593.20 Other charges (explain/itemize): Accrued Late Charges $ 118.64 TOTAL AMOUNT PAST $7,830.36 B. YOU HAVE FAILED' TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,830.36, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY P. ERIOD..Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco - Finance CDC 7360 S. Kyrene Rd Tempe AZ 85283 You can cure any other default by taking the following a. ction within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable.) _IF YOU DO NOT CURE THE DEFAULT--If you do nOt cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~oaged propert_y. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by th{: ..Sheriff to pay off the. mortgage debt. If the lender refers your case to its attorneys, but you cure th~, 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 are started against you, you will have to pay all reasonable attorney's fees actually incurred by the .lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe th~: lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you wiltmot be required to pay attorney's fees OTHER LENDER REMEDIES--The lender mav also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtairied a discharge in a Bankruptcy proceeding In that circumstance suit will be for'property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE---If you have not cured thu default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still haw: the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due~ reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale specified in writing by the lender and by performing any othe, requirements under the mortgage CURING YOUR DEFAULT IN THE MATTER SET FORTI IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriff:~ Sale of the mortgaged property could be held would be approximately six (6) months fi-om the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before th~: sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Creditor: Address: Phone Number: Fax Number: Contact Person: Conseco Finance CDC 7360 S. Kyrene Rd Tempe AZ 85283 800/603-1109 480/.)_~.~-6460 Customer Service EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fi.~rnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You ~ may or x may not (check one) >_TO SELL OR TRANSFER THE YOUR HOME TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. YOU MAY ALSO HAVE THE RIGHT: >_TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. _>TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. _>TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANx) CALENDAR YEAR.) > TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, .>TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION B Y THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HERETO V. ery truly yours, DAVID B. COMROE, ESQUIRE CERTIFIED MAIL/RETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and any information obtained from you or anyone else will be used to that end. 1736 . ' Commission o~ Economics 09p~r~nk7 o~ Luzeme County 163 Amb~. r Wilkes-Barre, PA 18702 (5?0) 826-0510 or (800) 822-0359 F,~X (5?0) 829-t865--Call Befor~ (717.) 455~994 F,~ (717) 455-5631~aH Before F~ (717) 836~090 Tun~n~k Booker T. Ws~hing~con Cen~er 1720 Holl~.nd S Erie, PA 16503 (814~ 453-5744 F,~X (814) 453-5749 Jo~ F. Kennedy Cen~r, Inc 2021 E~: 20~ EHe,.PA 1~510 (814) 898-0400 F;~ (814) 898-1243 CCCS of Western Pennsylv=-.;~, Inc. 2000 Linglesb~m Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Met:roI~litan Hs.rrhburg N. 6~h Street Harrisburg, PA 17101 (717) 234-,~925 FAX (717) 2S4-9459 Community Action Co-~m of ~e Capi~ 1514 De~ S~t Ha~sbu~, PA 17104 (717) 232-975? F~ (717) cccs of Wes~rn Pe-,~-yl¥=,~{-. Inc. 2000 Lingles~w'~ l~ad Ha~bu~, PA 17102 (717) 541-1757 F~ (717) 731-9589 .1514 De~ S~ Ha~hu~, PA 171~ .. (717) 2S2-9757 F~ (?17) 234-2227 Acor~ Housing Corporation 846 Nor+-h Broad Street Philadelphia, PA 19130 (215) 765-1221 FAX (215) 765-1427 CCCS of Delaws~-e Valley 1515 M~rk~t S~re~Sui~e 1325 P~lade[phia, PA 19107 (215) 563-5665 F~ (215) 8~-.2666 ' M~ Fellows~p Ho~e 302 S. Jac~on S~t M~ia, PA 19063 (610) 565-0~6 STA'TSMENTS OF POLICY C1R~F ORD CO~ Grea~er Erie Co~r~uni~y A~:t:ion. Commi~ I8 Wes: 9~ E~e, PA 16501 (814) 459~581 F~X (814) 45~0161 Shen~ V~ey U~ ~e, ~c. 601 ~ai~s Av~ue (412} ~E!qLA_N--D C O'U'NTY Finsmc~l Cou=selh~g Services of F~ddim 31 West 3~ S~t Wa~es~, PA 17268 _ (717) 762-3285 ~CA of C~le 301 G S~ C~le, PA 17013 (717) 243-3818 F~ (717).731-9589 ~.m~ Co~ Hous~g Au~od~ 139-143 C~le S~ CO~ . U~ ~e of~e~ ~hu~ (717) 23~5925 F~ (717) 23~9459 D~' ~AWAP. E CO~ Northwest Cnun~eli-E Service 5001 NotCh Broad P~adelph~, PA 19141 (215) 32~7500 F~ (215) 32~8753 ~CE ' ' 167~. ~egheny Ave, 2nd Flor P~adelp~. PA 19140 · . (215) 42~8025 F~ (215) 426-9122 ~e~ ~uam, PA 19348 (610) ~5~ F~ (610).~8243 PENNSYLVANIA BULL~-TIN, VOL 9'~', NlQ. 14, APRIL. 3, 19'99 Postage $ (Endorsement Required) I-1 I-*'1 Return Reclept Fee ~ i ~--I Return Reciept Fee ~ . . (Elldorsernent Required) · ( ~ Restricted Delivery Fee Total Postage & Fees ~ ~ t{~ I'-t(End°mement Required) r~ Total Postage & Fees o,,o.,ox.~;.i. ~_...t~ ................. SHERIFF'S RETURN - CASE NO: 2003-02509 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CONSECO FINANCE CONSUMER DISC VS LEVESQUE ROBERT ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT TENANT unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , TENANT 24 NORTH 2ND STREET WORMLEYSBURG, PA 17043 24 NORTH SECOND STREET WORMLEYSBURG, PA IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service 11.04 Not Found 5.00 Surcharge 10.00 .00 32.04 So an s we r s~.~.~/~ .... ~/~ ~/ Sheriff of Cumberland County COMROE HING 06/06/2003 Sworn and subscribed to before me this ~2~ ~ day of ~0j A.D, Proth~fnotary SHERIFF'S RETURN - CASE NO: 2003-02509 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS LEVESQUE ROBERT ET AL REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE LEVESQUE ROBERT DEFENDANT , at 1120:00 HOURS, at 15 MALLARD COURT MECH3kNICSBURG, PA 17055 ROBERT LEVESQUE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of June , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ,Z~ ~ day of ~r~ ~ , ~f;~3 A.D. ' Prothonotary So Answers: R. Thomas Kline 06/06/2003 COMROE HING By: SHERIFF'S CASE NO: 2003-02509 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS LEVESQUE ROBERT ET AL RETURN - REGULAR VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, LEVESQUE GAIL ~ DEFENDANT , at at 15 MALLARD COURT MECHANICSBURG, PA 17055 ROBERT LEVESQUE, HUSBAND a true and attested copy of the within COMPLAINT - MORT FORE 1120:00 HOURS, on the was served upon 5th day of June the , 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~-~ day of Qr o t~ ~L~3 A.D. So Answers: R. Thomas K]ine 06/06/2003 COMROE HING By: Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gall Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants PP~AECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $133,454.89 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt (b) Late Charges at $118.64 per month 11/11/2002 to 07/30/2003. from $105,880.74 $949.12 $0.00 (c) Interest from 10/11/2002 through 07/30/2003 at $38.73 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE DATED: July 30, 2003 Damages assessed as above. this ~'AA~ day of Pro Prothonotary $11,349.27 $9293.94 $5,294.04 $335.00 $115.50 $237.28 $0.00 $133,454.89 Respectfully submitted, Comroe Hing LLP B~~ Cnmr~, Esquire Attorney for Plaintiff 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF FORECLOSURE Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 Term No. 03-2509-civil Defendants IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave, Carlisle, PA 17103 (717)249-3166 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA PECHA DE ESTE AVISO. SE PUEDE REGISTRAR UNA SEN-TENCIA CONTRA USTED. SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEQAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO ¥ NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO. DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: Cumberland County Bar Association 2 Liberty Ave, Carlisle, PA 17103 {717)249-3t66 DATE OF SERVICE: July 7, 2003 T/ES I~ A PROCESS THE ~URPOS~ OF WHICH IS TO COLLECT A D~BT AND ANY ~h'FORMATION OBTAINED FROM YOU OR ANYOiq~ ~-~E WILL BE U~ED TO THAT F_.blD, Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 {215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants CERTIFICATION David B. Comroe, Esq., Attorney for Plaintiff in the above captioned matter, hereby certifies that the provisions of the Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended, December 23, 1983 have been met. David B uire Attorney for Plaintiff Sworn to and sub,scribed this ~day of ~ Notary Public before me , 2003. NOTARIAL SEAL THERESA A KIESEL, Nolaq Public City of Philadelphia Phila County My Corem ssion Exp*res Augusl t5 2005 ~ON-~ILITARY AFFIDAVIT STATE OF COUNTY OF · : SS oath deposes and says: 1. That I a~ employed by servicer of the mortgage~ , bei~q first duly the Plaintiff herein as 2. That the captioned individual(s) are the owners of premises described in the mortgage or deed of tr~sc. 3. That the collection procedures of the Plaintiff are desiqned to discover facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in the current delinquency. 5. That, on information and belief, that captioned titleholders are not incompetent or in a/~y bra/~ch of the military service. connection with Sworn to and su~scr~e~t before me of , 20o9. J , ~ ~il~a. Pnila. uounty ~ MY C~mis~ Ex,res Augus115 2~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3OO Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, being duly sworn according to law certifies that Notices of Intention to Take Judgement, as set forth in PA R.C.P., 237.1 copies of the Complaint in Mortgage Foreclosure were served upon the Defendants by Certified Mail and Regular, First-class Mail on July 7, 2003. David B. Comroe, E~ui~a~ Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this~ ~0~. day of, ~ , 2003. Notary Public ! NOTARIAL SEAL THERESA A KIESEL Nolary City d Philadelphia Phi aCounty My Comm ss on Expires August 15, 200~ PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 24 N. 2nd St., Wormleysburg, PA, 17043 See Exhibit "A" attached (Costs to be added) AMOUNT DUE Interest from 7/30/03 to 12/10/03 @ 13.17% $ 6,404.40 David B. Comroe, Esquire Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, according to survey of Ernest J. Walker, Professional Engineer, dated October 8, 1968, as follows, to wit: BEGINNING at a point at an iron pin on the Westerly line of Second Street which point is 25 feet South of the Southwesterly corner of Second and Chestnut Streets; thence along the Westerly line of Second Street South 29 degrees 0 minutes East 27 feet to a point at an iron pin; thence South 61 degrees 0 minutes West 150 feet to a point at an iron pin on the Easterly line of a 20 foot wide public alley; thence along same North 29 degrees 0 minutes West 27 feet to a point at an iron pin; thence North 61 degrees 0 minutes East 150 feet to a point, the place of beginning. BEING all of Lot No. 58 and the Northern 2 feet of Lot No. 57 on the Plan of Edgewater as recorded in the Cumberland County Recorder's Office in Deed Book 4-L, page 1. HAVING thereon erected a two and one-half story brick and vinyl siding dwelling known as and numbered 24 North Second Street. Tax Parcel #20-1858-065 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company, 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 24 N. 2nd St., Wormleysburg, PA, 17043: 1. Name and address of Owners or Reputed Owners: Robert Levesque 15 Mallard Court Mechanicsburg PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg PA 17055 2. Name and address of Defendants in the judgment: I Date I Service Code Robert Levesque 15 Mallard Court Mechanicsburg PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. #280946 Harrisburg PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. I Date I Service Code I 2 Family Court Domestic Relations Division One CourthOuse Square Carlisle PA 17013-3387 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle PA 17013-3387 7. Name and address of every other person of whom has knowledge who has any interest in the property affected by the sale. the plaintiff which may be (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~/~/~ Plaintiff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gail Ann Levesque 15 Mallard Court Mechanicsburg, PA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil Defendants :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 24 N. 2nd St., Wormleysburg, PA, 17043 to be sold at Sheriff's Sale on September 10, 2003. As required by PA R.C.P. 3129.2 (a) Notice 4 of Sale has been given in the manner required by PA R.C.?. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 12, 2003 David B. Co'roe Attorney for Plaintiff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Robert Levesque 15 Mallard Court Mechanicsburg, PA 17055 Gall Ann Levesque 15 Mallard Court Mechanicsburg, FA 17055 ACTION OF MORTGAGE FORECLOSURE Term No. 03-2509-civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Levesque, Gail Ann Levesque Your property at 24 N. 2nd St., Wormleysburg, PA, 17043 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on December 10, 2003, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $133,454.89 obtained by Conseco Finance Consumer Discount Company, fka Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take irmmediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215) 568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of s~opping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland Sheriff at 71-240-6390 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland Sheriff at 71-240-6390 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten {10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, according to survey of Ernest J. Walker, Professional Engineer, dated October 8, 1968, as follows, to wit: BEGINNING at a point at an iron pin on the Westerly line of Second Street which point is 25 feet South of the Southwesterly corner of Second and Chestnut Streets; thence along the Westerly line of Second Street South 29 degrees 0 minutes East 27 feet to a point at an iron pin; thence South 61 degrees 0 minutes West 150 feet to a point at an iron pin on the Easterly line of a 20 foot wide public alley; thence along same North 29 degrees 0 minutes West 27 feet to a point at an iron pin; thence North 61 degrees 0 minutes East 150 feet to a point, the place of beginning. BEING all of Lot No. 58 and the Northern 2 feet of Lot No. 57 on the Plan of Edgewater as recorded in the Cumberland County Recorder's Office in Deed Book 4-L, page 1. HAVING thereon erected a two and one-half story brick and vinyl siding dwelling known as and numbered 24 North Second Street. Tax Parcel #20-1858-065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2509 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CONSUMER DISCOUNT COMPANY, FKA GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From ROBERT LEVESQUE AND GAIL ANN LEVESQUE (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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirrdher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,454.89 L.L. $.50 Interest FROM 7/30/03 TO 12/10/03 ~ 13.17% - $6,404.40 Atty's Comm % Due Prothy AttyPaid $165.53 Other Costs Plaintiff Paid Date: AUGUST 15, 2003 (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 $1.00 CURTIS R. LONG Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ? SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Tree C D C is the grantee the same having been sold to said grantee on the 4th day of Feb A.D., 2004, under and by virtue of a writ Execution issued on the 15th day of Aug, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 250~, at the suit of Conseco Fin C D C against Robert Levesclue & Gail Ann is duly recorded in Sheriff's Deed Book No. 261, Page 3338. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this j~ ~s_ dayof F~ , A.D2004 , ~x~ Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company VS Robert Levesque and Gail Ann Levesque In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2509 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 04, 2003 at 10:12 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Robert Levesque and Gall Ann Levesque, by making lmown unto Robert Levesque, personally and husband of Gall Ann Levesque, at 15 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2003 at 6:12 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert Levesque and Gail Ann Levesque located at 24 N. Second Street, Wormleysburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Robert Levesque and Gail Ann Levesque, by regular mail to their last known address of 15 Mallard Court, Mechanicsburg, PA 17055. These letters were mailed under the date of October 8, 2003 and never returned to the Sherif£s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 4, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $l.00 to Attorney David B. Comroe for Green Tree Consumer Discount Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 S. Kyrene Road, Tempe, AZ 85282, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $1,080.95. Sheriff's Costs: Docketing $30.00 Poundage 20.80 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 24.84 Levy 15.00 Surcharge 30.00 Law Journal 242.15 Patriot News 533.26 Postpone Sale 20.00 Share of Bills 28.90 Distribution of Proceeds 25.00 Sherif£s Deed 39.50 $ 1,080.95 Sworn and subscribed to before me This ~2-~.,,~day of · t'rothonotary R. Thomas Kline, Sheriff Real E~tate ~eputy THE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwea{th of Pennsylvania, County of Dauphin} ss Shannon D, Billhime being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 30th day(s) of December 2003 and the 6th and 13th day(s) of January 2004. That neither she 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 she 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 to 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 Rf Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~[J. .... ~ ~.~ Sworn to e~nd su,~rihed .beforclme t~3L~13th day of Fgt~ruary/2~4 MyC~aet~ExplresJ~neo,~.~ I NOTARY PUBLIC Mamber. p~n~~0~Nc~s My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE ATTN: JIM MAY 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 Total $ 533.26 Publisher's Receipt for Advertising Cost ;o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. ! 784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ zs~r~ s~J,z ~o. ad Writ No. 2003-2509 Civil Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company VS. Robert Levesque and Gail Arm Levesque Arb'.: David B. £omroe DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of l/Vormleysburg, County of Cumber- land and State of Pennsylvania, more particularly bounded and de scribed as follows, according to sur- vey of Ernest J. Walker, Professional Engineer. dated October 8. 1968, as follows, to wit: BEGINNING at a point at an iron pin on the Westerly line of Second Street which point is 25 feet South ar the Southwesterly corner of Sec- SWORN TO AND SUBSCRIBED before me this 31 day of___OCTOBER, 2003 Discount Compaxty Robert Levesque mad Gall A~n Levesque Atty.: David B. Comr~e DESCRIPTION ALL THAT CERTAIN lot or tract of lm~d situate in the Borough of Wormieysburg. County of Cumber- land and State of Pennsylvania. more particularly bounded and de- scribed as follows, according to sur- vey of Ernest J. Walker, Professional Engineer, dated October 8, 1968, as follows, to wit: BEGINNING at a point at an iron pin on the Westerly line of Second Street which point is 25 l~et South of the Southwesterly corner of Sec- ond and Chestnut Streets: thence along the Westerly line of Second Street South 29 degrees 0 minutes East 27 feet to a point at an iron pin; thence ~outh 61 degrees 0 min- utes West 150 feet to a point at an iron pin or~ the Easterly line of a 20 foot wide public alley: thence along stone North 29 degrees 0 minutes West 27 feet to a point at an iron pin; thence North 61 degrees 0 min- utes East 150 feet to a point, the place of beginning. BEING all of Lot No. 58 and the Northern 2 lbet of Lot No. 57 on the Plaz~ of Edgewater as recorded in the Cumberland County Recorder's Office In Deed Book 4~L, page 1. HAVING thereon erected a two and one-ha~' story brick amd vinyl siding dwelling know~ as and num- bered 24 Nort~ Second Street. Tax. Parcel #20-1858-0~5. 3 1 day of OCT____ LOIS E. SNYDER, Nota~/Public C;~isle ~ore, Cumbedand Comfy My Commission Expires March 5, 20~