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HomeMy WebLinkAbout03-2526 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER COURT OF COMMON PLEAS DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD CUMBERLAND COUNTY TEMPE, AZ 85283 PLAINTIFF VS. NO JERRY E. WALL MILDRED A. WALL 427 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANT(S) 03 -- .2 Y94o COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 PLAINTIFF VS. JERRY E. WALL MILDRED A. WALL 427 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 0 3-aY-2 1?, COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Conseco Finance Consumer Discount Company, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Jerry E. Wall and Mildred A. Wall, (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between defendants and itself as Mortgagee. The Mortgage, dated June 24, 1999, was recorded on June 28, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1553, page 125. A copy of the Mortgage is attached and made a part hereof as Exhibits `A'. 4. The Mortgage secures the indebtedness of a Note executed by Defendants on June 24, 1999 in the original principal amount of $125,000.00 payable to Plaintiff in monthly installments with an interest rate of 9.840%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 427 Pine Road, Mt. Holly Springs, PA 17065. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the record owner of the mortgaged property located at 427 Pine Road, Mt. Holly Springs, PA 17065. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $122,199.16 Interest to 5/15/2003 4,471.88 Accumulated Late Charges 3,045.11 Deferred Interest 7,638.26 NSF Charges 40.00 Pay by Phone 12.00 Property Inspections 10.25 Property Taxes 4,211.02 Cost of Suit and Title Search 550.00 Attorney's Fees 1,000.00 TOTAL $143,177.68 8. plus interest from 5/16/2003 at $33.27 per day, costs of suit and attorney fees. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on March 31, 2003. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $143,177.68 together with the interest from 5/16/2003 at $33.27 per day, costs of suit and attorney fees. Law offices of Gregory Javardian 7 BY: G go vian torney ro. 55669 Attorney Plaintiff EXHIBIT "A" ----- Gamanween or pawytiud. Specs Above This Line For Reeor ft Data OPEN-END MORTGAGE 41p8lication # 9906100559 This Mortgage secnrrs future advances Loam # 6904146807 i. PaDATE AND PARTIES. ne rties, their addresses and tax id?end&at is Mortgage re (Security Inrum is ... June 24, ................. members, if if tegnir ed, are as f follows: ? and the MORTGAGOR: Jerry E Wall, Mildred A Wall husband and wife ? If checked, refer to the attached Addendum incorporated herein, acknowledgments. for additional • Mortgagors; + their signatures and LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ' Camp Hill, Pennsylvania 17011 J A. i 2. CONVEYANCE. For good and valuable consideration, the receipt and sumcieney of which is acknow the Secured Debt (defined below) and Mortgagor's performance under this Security Iitsbniment, Mortgagor and to secant conveys and mortgages to Lender the following descn'bui property; _ grants, bargains, See Exhibit A Parcel I.D. #40-30-2642-031 © m z M C u °rn IU M ... M -o C•5 T%eproperty is located in Cumberland to .....:................. ...............................- '(Cow,tn)............................... at ...................... IN ... .?.} j...... •(Addrms) "_.y.?.•'............................................. , Pennsylvania70-650?............... Ciq)- OP coat? Together with all rights, ditches, and water stock ndd?xr appurtenances, royalties, mineral rights, oil and gas rights, all, water and ri any time in the future be xisting and future improvements, structures, fixtures, and Paean rights, , part of the real estate described above (all referred to as "Property??? that may now, or at 3• M?tUM OBLIpA77t?y G?, The total principal amount secured cehar validly made ?............• .. This limitation of amby this ount does no nbmtrument include ot any n time shall not pursuant to this Security Instrument. Also, this limier crest and other fees and Security Instrument to Protect Lender's security and to Perform any off the coaven nts advances made under the term of this Instrument. contained in this Security 4. SECURED DEBT AND FUT(jRE ADVANCES. The term ), ? Debt" is defined as follows: A. Debt incurred under the terms of all promissory s?Sec below and an their extensions, renewals, , ??(, contract(s), guatanty(s) or other evidence of debt described modifications or substitutions. suggested that you include items such'as borrowers' names, e Bing the debts below it is Note dated June 24, 1999, between Green Tree a __Consumer Die punt C dates, etc.) Wall, Mildred A Wall, for $125,000.00, maturing July 1, 2024. any and Jerry E PENNSYLVANIA . MORMAOE-11401 Fon Fl.a. M FIiLWjC.• MA-15n U66 ®1884 B.,kets eytrtwnk Inc.. St. CI&b MN 11-800$97.23411 Form 11E-MT0-PA 12/18/84 Perm ID #111184 (page 7 of 6 SOOK PAGE lica • 4,? 1 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory now, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incumd by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such com nitm?e nt most be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for ov i draaRs relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property-and-its-value-and any. other. sums advanced-and expenses incurred-by Lender-under the terms of this Security This Security instrument will not 'secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees 'that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and thiI Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is tri mcumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior semFity interest or encumbrance on the Property, Mortgagor agrees: A. To make an payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C_ Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, - - utilities, and otlrxL cbarges relatin'_to_the.Pmperty when:due,_ L ender may require Mortgagor- to-provide to: L.cndencopies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend tide to the Property against any claims that would impair the lien of this Security Instri mint. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject t d the restrictions imposed by federal law (12 C.F.R. 391), as applicable. This covenant shall tun with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDMON, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor 'will beep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent-. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims anti actions against Mortgagor, and of any loss or damage to the Property. ` 01404 Ben)we Syeteme. Inc.. St. Cbu0,16414,11L 800.907.2941) Form RE-MT4PA 12119/94 e009155Q WE 126 (page 2 of 6 TV Lender or Lender's agents may, at Lender's option, elver the pro Property. Lender shall give Mortgagor notice at the time of or befoyre an rem tinbk time for the purpose of inspection. Any inspection of the spec a reasonable inspecnng the purpose Lender s inspection. gager will in no way rely on 11. AUTHORITY TO pER RM. If Mortgagor fails to perform any Instrument, Lender may, without notice, perform or cause them to bepe or any of the covenants contained in this Security fact to sign Mortgagor's name or pay any amount performed. Mortgagor appoints Lends as attorney in necessary not create an obligation to perform, and Lender's fait for performance- Lender's right to perform for Mortgagor shag other rights under the law or this Security instrument. If any construction oon e t??pt? Lender fcont g a?+ riL cinder's reasonable manner, Lender may take all ?' is discontinued or notcarred on in a completion of the construction. GPs necessary to protect Lender's Security interest in the property, including 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably additional security all the right, title and interest in and to ??' bargains, conveys and mortgages to Lender as vi - or tio al security all for the use and any and all existing or future leases, subleases, and any other written modifications agreements substitutions of such aoccupancy of any portion of the property, including any extensions, renewals, 8 (an referred to as Leases') and rents, issues and profits (all referred to as Mortgagor will promptly provide Lender with true and correct copies of all existing and future may collect, receive, en Instrument, joy and use die Rents so long as Mortgagor is not in default under the Mortgagor terms of this Security Mortgagor agrees that this assignment is immediately effective between the pa to Security rties third parties on the recording of this Security Instrumhnt, and this assignment will this n eff t Ins and effective as Mortgagor agrees that Lender is entitled to notify Mortgagor wo remain e:ffiective until flue Obligations are satisfied. make payments of Rents due or to become dun directl to or Mortgagor's tenants to y Lender after such recording, however Lender agrees not to notify Mo Mortgagor defaults and Lender notifies Mortgagor of the default and rcgagor's tenants until Rents due or to become due directly to Lender. On recei ' demands thatMortgagor and Mortgagor's tenants pay all any Payment of Rents is Mortgagor's possession and will ng notice of default, Mortgagor will endorse and deliver to Lender Rents with any other funds. Any receive any Rents in trust for Lender and will not the amounts collected will be applied as provided in this Security t gager wart art the that no default of ens under or any applicable landiord/tenant law. Mortgagor also . Mmai ortgagor ants any tenant to comply with the terms of the Leases and applicable law. aces tontsun and require 23. LEASEHOLDS; CONDO provisions any lease if ?S' PLANNED UNIT, DEVELOPMENTS. Mortgagor tY lustrument is on a leasehold. If the agues to comply with the planned unit development, Mortgagor will perform all of Mortgagor's duties uProperty nder the ves a unit in a condominium or a the condominium or planned unit development. enants, by-laws, or regulations of 14. DEFAULT. Mortgagor will be in default if an Mortgagor will be in default if a y PAY obligated on the Secured Debt fails to make PaY creating, Ault br=ach occurs under the'oernu of this Sxunty'Instrument or any•ocpayment when due. the purpose of ng oguarantying the Secured Debt. A good faith belief b Lender document executed for insecure with respect to any Person or entity obligated on the Secured Debt or that the y that Lender at any time is the Property is impaired shall also constitute an event of default. Prospect of any payment or the value of I5. REMEDIES ON DEFAULT. In some instances, federal and of the right to cunt or other notices and may state law will require Lender to provide Mortgagor with notice may, Lender may accelerate the Y establish time schedules for foreclosure actions. Subject to thm limitations, if is in default. Sued Debt a foreclose this Security Instrument in a moaner provided by law if Mortgagor At the option of Lender, all or any part of the agreed fees and charges. accrued interest and due and payable, after giving notice if required by law, upon the o ccurrence of a default or anytime shall reome immediately Lender shall be entitled to all the remedies provided by law, the thereafter. In addition, related documents. All ? an terms of the Secured Debt, this Security Instrument and any ren at law or distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided equity, whether or not expressly set forth. The acceptance by Lender of any stun in yment or on the Secured Debt after the balance is due or is accelerated or after foreclosure pro ings ? shall o partial payment of Lender's right to require complete care of any existiexercising any one filed shall not constitute a waiver waiver Lender does not waive Lender's right to.later.consider the event a default if it continues remedy Mortgagor's default, ®i 994 Bankan Sytgmti Inc, St. Cfoud MM 11 900-3Q?23t11 Porn RE-MT(FpA T2/1 Q/Qa (page 8001(1555vPACE U-" 16. EXPENSES; ADVANCES ON COVENANTS; AT'T'ORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Ie & es security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in cgllecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is trot limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until relem d. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Coniprelmmve Environmental Response, Compensation and Liability Act (CERC7A, 42 U.S.C. 9601 et seq.), and a other federal, Ish to and local laws, regulations, ordinances, court orders, attorney general opirdons or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render. the substance dangerou s or potentially dangerous to the public health, :safety, welfare or environment.. The term includes, without `hmitatron, '_ _ Slib?'StinceS defined as "'hazardous mraterral,' "toxic SQbBtanCC8," "hazardous waste" or "hazardous substance" Under any Pvirommenral Law. Mortgagor represents, warrants acid agrees that: A. Except as previously dand acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant- have been, are, and shall remain in full comp hancc with any applicable Environmental law. C. Mortgagor shall immediate?Ily notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or here is a violation of any Environmental Law concerning the Property. III such an event, Mortgagor shall take all i essary remedial action in accordance with any Environmental Law. - D. Mortgagor shall. immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, cl n aim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagoi will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagof_assigns to Leader the.pxocecds of any-award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall b?Ie considered payments and will be applied as provided in this Security Instrument. his assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due Ito its type and location This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and re shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make piroof of loss if not made immediately by Mortgagor. goox-15053ra 129 ?P°sM 61 01904 Banes svatama. l%, st. Claud, MN 11-600.307-2341F Form MEMTO-PA 12/19AM Unless otherwise agreed in writing, all inssumnoe proceeds shalt be applied to the restoration or repair die Secured Debt, whether or not then due, at bender's option. Any of die PAY or to postpone the tine date of the scheduled Y application of proceeds to principal shalt not extend or Mortgagor. If the Property the payment nor change the amount of any payment. Any excess will be paid to the damage to the Property before acquired b Lender. Mortgagor's right to any insurance policies and proceeds resulting from acquisition. acquisition doll pass to Lender to the extent of the Secured Debt immediately before the 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender finds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will financial statement or information Lender may dam reasonabl ???. Mortgagor Proms agrees to sign, Lender deliver upon rindfil ny ,and file any additional documents or certifications that Lender may considernecessary to pertem nue obligations under this Security Instrument and Lender's lien status onthe perty CO' and Preserve Mortgagor's 22. JOINT AND lINDIMUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND Security Instrument are joint and individual. If Mortgagor ASSIGNS BOUND. All dudes ender this Mortgagor does so only to wortsigns this Security Instrument but does not sign an evidence of debt, gage Mortgagor's interest in the property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Securi Ins secur Lender and Mortgagor, Mortgagor agrees to waive any rights that may ty moments a guaranty between against Mortgagor or any Y prevent Lender from bringing any action or claim party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or oneaction laws. Mortgagor agrees that Lender and any party to this Security or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's on en t. modify change will not release Mortgagor from the terms of this s consent. Such a Instrument shall bind and benefit the successors and assigns Instrument. of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABhLITY; INTERPRETATION This Security Instrument jurisdiction in which Lender is located, except to the extent otherwise required laws of the jgovernedurisd sd the iction where re the Property is located. This Security Int is co lete and fully integrated. This Security Instrument may not be amended or Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law written agreement. If any section of this Security expressly or ??Y permits the variations by severed and will not affect the enforceability of the remainder of this Security according to its terms, that section will l include the plural and the plural the singular. The captions and t3' Instrument. Whenever used, the singular shall headings of the sections of this Security Instrument are far convenience only and are not to be used to interpret this Security Instrument. or define the terms of this Security Insriumtnt. Time is of the essence in 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by the appropriate party's address on page 1 of this Security Instrument, or . an other mailing it by first class mail to . to Y address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law. Mortgagor waives any right to appraisement relating 8oOK1553 each: 1129 Q 1994 BEN-* Sysnmk Ina. St. Clod. MN (1,80.0.387.23411 Perm fl"TO-PA 12/10104 !Page 5 of 61 26. OTHER TERMS. If cheeped, th ? Line of Credit. The Secs reduced to a zero balance, ? Construction Loan. This the Property. ? Fixture Filing. Mortgago and that are or will becoo and any carbon, photogra Commercial Code. ? Purchase Money. This Property. Accordingly, th mortgage with all of the ri ? NOTICE TO BORR( INTEREST RATE. ? Riders. The covenants an amend the terms of this Se ? Condomimutn Rider ? Additional Terms. following are applicable to this Security Instrument: ed Debt includes a revolving line of credit provision. Aid=& the Secured Debt may be lis Security Instrument will remain in effect until released. ecurity Instrument secures an obligation imur:ed for the construction of an improvement on grants to Lender a security interest in all goods that Mortgagor owns now or in the future fixtures related to the Property. This Security Instrument suffices as a financing statement iic or other reproduction may be filed of record for purposes of Article 9 of the Uniform amity Instrument sees advances by Lender used in whole or in part to acquire the Security Instrument, and the lien hereunder, is and shall be construed as a purchase money its, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. VER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE agmements of each of the riders checimd,bdow are-incorporated into and supplement and rrity Inst wn=. (Check all applicable boxes] I Planned Unit Development Rider ? Other ................................................... SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained attachments. Mortgagor also acfmowledges receipt of a copy of this Security Instrument on in this Security Instrument and in anyI the date stated on page 1. c eerri-Twall COMMONWEAL' OF q aeAND On this, the ................ the undersigned officer, I ........................ ... the person(s) whose nam for the purposes therein c In witness whereof 4t ?h,ezi :::;u:._•_ t• s'ir'.?. ix.Fa= L' . . .............. ............ . .? ?? .. ..................... :: .:f' ... (Dale) ftnfm=l Mildred A Wall (Date) ................... ; .......... .. ... . x$ ss. Penns lvania / day of .....tune; 19m r., COUNTY OF ...e L .?.................................... ...... y .................................. before me Onally appeared . Jersy.8•Kall.. Mildred A ifa?l ..................................................................... .......................................................... known to me (or satisfactorily proven) to be (s) is subscribed to the within instrument, and acknowledged that he/she executed the same mm-set jny,bW and official seal. l?NOT.ARIAL 6&L ?; .. .. ......... I?EL:V.HIW.IET,tl?alary?Public ?`f11at the adc?.ss tr ine Suite 118 ..................... • , Green Tree Consumer Discount Company i?22; A?eaas named is . a 17011 ........... ........................... ...................... ........... . ......................................................................... wK iWl PAGE UO 0 1004 BWun Sy I a. Inc.. St. Cloud. mm o-.60-307.23411 Farm F*M'rG PA 12/10104 (page 6 of 6) Legal Degeriatioa: 11MIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN SOUTH MIDDLETON TOWNHIP, COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY SCRIBED INDEED DATED 08/26/96, RECORDED 08/26/86, APPEARING AMONG THE LAND RECORDS OF THE CetZ'Y AND STATE SET FORTH ABOVE IN DEED BOOK VOLUiil 32-D, PAGE 170 'Parcel ID: 40-30-2642-031 State of Pennsylvania County of Cumberland 86 Recorded in the office for the recording of Deeds elct. I andoberland County, , Vol. -' P A& V. the y han 1 of o 1110 Carlisle, PA ft -y i Pooki-1553pm 'iii Ell _.? EXHIBIT "B" oT•15-00-02 truss! . QAD #9906100559 # 69-0414680-7 NOTE ,,.,,,June 24, 1999 Mt HCOY-Spgs lodsl 1cftd .... p??$Xlyania.......... . .............................427 Pine RoaB Mt HDll 16tsa1 y,.+?,mr••Pennulyania-.,-17065 IProosrtr addmy I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $.,125,5000:00........ called "priatdpah1. Plus •..... (this amount is rare:apie aril s ie. i order of the iloLender. The Leader is .. o:Iq, x cgs. .s as.?o! !; Span 2s01 I trnderstaad that the Lender may transfer this Note. The ...... .. ..... . entitled to receive der de aW ©ne who takes this Note by transfer and who is payments under this Nola is called the "Note Holder." 2.11NTEREST Interest will be charged yearly rate of on unpaid principal until the 8il1 amount of principal has been paid. I will pay interest at a ......, 9; 890 %. Interest will be chased beginning on „•,,,,,,,. June 29 1999 The interest rare required by this Section 2 is the raft will pay both before and after er any default desrn It des . Section 6(B) of this Note. y de in bed 3. PAYMENTS (A) Scheduled Payounts I will pay principal and Interest by malting: payments when scheduled: 131 will make .... 300 ................... paymema of $. 1r121.81 ..................e t .................................. of each ..... .- each on the ontt?....... .... .............................................. beginning on ... Auat..1,.. 1999......... ?3°l will make payruenfs as follows: Thn addition to the payments described above, I will pay a 'balloon payment* of $ ................. - . The Note Holder will deliver or mail to we entice • a • • ity t -- ................ prior to ma tm that the balloon payment is due. This notice will state the balloon payment amount NO the date that it is due. (B) Maturity Date and Place of Paynteata I will make these payments as scheduled until 1 have paid all of the principal and interest and any other charges described below that I may owe under this NOW. My scheduled payments will be applied to interest before principal. If, on Ju1X 1 r ?024 ..................... I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date.' I will make my scheduled payments at .... ?1e 3'ree, 7360 S. Kyrene Rd ., TempeS AZ 85283 ..................................................... or at a different place if tegaircd by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY known a have the right to make payments of principal at any time before they are due. A payment of principal only is "prepayment." When I make aptepayment, I will tell the Note Holder in writing that I am doing so. ® I will pay aprepayment penalty of ...eix mont?is lntereat an the net unpaia„loan amount if the entire Loan balance, is„paid, within 36 month.. ..... .. ....... .................................... ••• • .. s„from•the,date,of• the- loan. ................................. ......The Note ...............................•......,.......• PAY this Note in n fa fidll. Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a Partial prepayment, duce will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges Collected or to be collected in connection with this loan exceed the permitted limits, then: () any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any MM already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to tae. If a refund reduces principal, the redaction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any scheduled payment by the end of .......15•.••• .• calendar days after othe date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10000* late payment. e unpa paymen or I wing y thtis late charge promptly but only o ; nce on each whhever in greater. (B) Default If I do not pay the full amount of each scheduled payment on the date it is due,1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount ! by a certain date, the Note Holder may require me to and all the interest that 1 owe on that amount. That date most be at the full east 30 days amount after the date on which the notice is delivered or mailed to me. (0) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expeum If the Note Holder has required me to pay immediately in fun as described above. the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) oT-16-00-081 Coro. r "tV e"««" sv.am., Im.. St. cb,d• PAN r"rm OT- WMWEM , on,ns 111103 7. GIVIK OF NOTICES Unless applicable law requires a different method, any notice dint >rio be by mail notice 9 tthh&NO Holder a of wit first b me at the Property Address above or a Notedifferent bf j t? %= that must be given to the Note Holier under this Note will be given by mailing it by first class mail to the No A t the address stated in Section 3(B) on page I of this Note or at a dlfferint address if 1 am given s notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER I= NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. including, the promise to pay the full amount owed. A is of this Note is also )bligated to do these chi? Any Pin v s guarantor, surety i endorser • Any person who fakes over these obligations, igations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that airy one of us may be required to pay all of the amorists owed under this Note. 9. ARBITRATION All disputes, claims, or controversies arising from or relating to this Agreement or the relationships from this Agreement, or the vaildity of this arbitration rAaase or -the entire AAgg ?? result arbitration by one arbitrator selected by lender with Borrower's consent. This arbi?n teshall be resol by em is maw taoOa pursuant transaction involving interstate commerce, and shall be governed the P to a States Code. Judgment upon the award rendered may be entered in ederal Arbitration Act, Tills a 9 of the United e understand du t tliey choose arbitration instead of lit any court having jurisdiction. The right or remit to lid tc d-knutes is ?0° to resolve disputes. The parties understandthat t have poop ?a court, but that fer to resolve their disputes arbitration, t as JURY h? relin. PARTIES VOLUNTARILY ANDDM UW>NGLY WAM ANY RIGHT' TggY gA 7 A ACTION BY LENDER ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT (AS PROVIDED HEREIN). The parties agree and understand that all in arisin under case law, statutory law, and all other laws including, but not limited b, all contract, tort, anro be subject to binding arbitration in accord with this agreement. Borrower that Borrower not Gave the right V o= a, will participate as a representative or a member of are class of claimants pertai at M to his to any claita ansi Agreement. The parties agree and understand Unt the arbitrator shall have all powers ? Rom n relating a this These powers shall incl de ail legal and equitable remedies, incli provideei Y law and the Agreement. relief, and injunctive relief. Notwi nt. but not limited to, money damages, declaratory * anything hereunto the contrary, Lender option to use judicial or non-judicial relief to enforce a security agreement relating to the collateral secured rln a transaction underlying. this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such tab the form of a lawsuit. The Institution and maintenance of an action for j judicial relief woof( any collateral, to obtain a monetary judgment or to enforce the security mot' judicial shall ll not ins court to foreclose anon any say party to compel arbitration re sn other remedy ot t Lion in this a of waiver en the nght of the fili of a counterclaim in a sun brought by Lender pursuant to this n- arbitration n this Agreement, including 10. WARS I and any otherp?oa who has obligations under this Note waive the rof ts of presentment and notice of dishonor. 'Presentment" means the right to require the Note Holder to demand payment amounts due. "Notice of dishonor" means the night to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mo Deed (the "Security Instrument'), dated the same date as this Note, protects ttgage, Deed of Trust loss Security might result if I do not keep the p miles which I make in this No TIM on ore Holder from poses h irises which what conditions I may be requinetl to prate immediate Security Instrument describes how and raider conditions are ?n?a? fpllolvs: payment in fill of all amounts I owe under this Note. Some of those 'transfer of the Yioparty or a Bm fichd lotenst In Borrower. If all or an part or any interest in it is sold or transferred (or if a beneficial interest in Borrower is any old drf the Property and Borrower is not a natural sold or tranon, re std imrnediatt person) without Lender's psor written consent. Lender may, at its option, require payment in full of all sums secured this Security Instrument. However, this option shall not be exercised by Leader if exercise is prohibited by law as of the date of this Security instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of rot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender any invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page 1 of this Note.] THIS LOAN 15 PAYABLE IN FULL ...........AUX ........................................... .. .................................................... I MUST REPAY THE ENTIRE PRiNCB?AL BALANCE OF THE LOAN AND UNPAID MEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLIN LEND THE SOME OG TO ALL OF T CLOSING COSTS NORMALLY ASSOCIATED WITH ?MATURITY, A ?NEW LO N EVEN Or I OBTAIN REFINANCING FROM THE SAME LENDER WITNESS THE HAND(S) AND SEAL(S) OF THE UNDE=GNED. J' B •9?? ..................................... .(Seal) Mid-:°,r .............................................(Seal) ....................................................................................(seal) :na+w /Sign Origb er Only] aW&- Sy"M qc., !t. Haul, MN Fein OT LIZ 10/21/9 OT•16100092(10198) 4-0+ 2021 EXHIBIT "C" I R" . CONSECO® CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 888-315-8733 JERRY WALL 427 PINE ROAD MT HOLLY SPRINGS, PA 17065 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM F ORECLOSURE MARCH 31, 2003 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 BEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY ti17ITH1N 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 flee 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. Lt1. NOTIFICION EN AD:II,TJTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A C'ON'FfNLJAR VIVIENDO EN Sit CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA [..NA 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 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA. DEL DERECHO A REDIMIR SU HIPOTECA. G:Athaye'\dzahtcollcctionWOD\P A.Act) LNOD.2doc PAGE I CONSECo FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 MARCH 31, 2003 888-315-8733 TO: JERRY WALL 427 PINE ROAD MT HOLLY SPRINGS, PA 17065 Loan No.: 6904146807 Social Security No.: 173306647 FROM: Conseco Finance Consumer Discount Company CONSECO® Mortgaged Premises: 427 PINE ROAD MT HOLLY SPRINGS, PA 17065 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 .,kPPLY 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. CONSUIMER 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 itnntedi.ately of your intentions. APPIACATION FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth latex- 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 Gathayer\deht collection\NOD',.PA.Act9l.NOLP.'.doc PAGE 2 CONSECO® CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 888-3 15-873 3 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 N 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 N BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT 13E 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: 427 PINE ROAD MT HOLLY SPRINGS, PA 17065 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: 211/03 due $1126.81, 3/1/03 due $1121.81, 4/1/03 due $1121.81 , due $ 8r. due . Other charges: Escrow: $ Late Charges $2932.93 NSF Fee: $52.00 FPINSi'RPRINC: FT' Taxes Advanced: $421.1.02 TOTAL AMOUNTS PAST DUE: $10566.38. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 14OW 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 $1056638, 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 85253 (do not send cash). You can cure any other default by taking the following action G:',ihayerAdebt co1lectionvNODTA.Act91.NOD2.doc PAGE 3 CONSECO® CONSECo FINANCE SERVICING CORP. 7360 S Kyrene Road Tempe, Arizona 852834583 within THIRTY (30) .DA` R8-3df-8010 date of this letter: (Do not use if not applicable.) IF YOIJ 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SATE 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: 1-800-279-941.6 Fax Number: 480/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE ---- You should realize that a Sheriff's Sale will end your ownership of the Imoriga.ged 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 tilme- l??_',.d?ayerAdelrt co11ec1ioMN0D1,PA.Act91 .NOD.2.doc PAGE 4 hqh,.. CONSECO® CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 888-315-8733 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 PAYOFF 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 INSTITU'T'ED UNDER THE MORTGAGE DOCUMENTS. ---- TO ASSERT ANA' OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ---- TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. G:Uhayer\debt collectionA??OD\PA.Act9l.NOD.2.doc PAGE 5 il, .. CONSECO® CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road Tempe, Arizona 85283-4583 888-315-8733 MILDRED WALL 427 PINE ROAD MT HOLLY SPRINGS, PA. 17065 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE MARCH 31, 2003 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 DAB'S 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. I:-A. NOTIFICION EN ADJUNTO ES DE St-IMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR V.IVIENDOO EN StJ CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA h1OTIFICACION OBTENGA UNA TItNDUCCION IN-M.EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PAPA UN PRESTAMO POR EL PROGRAMA LLAMADO "BOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. C,:'d'nayerAdebt collection\NOD\PA.A091 NOD.2.doc PAGE I kq. CONSECO® CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 MARCH 31, 2003 888-315-8733 TO: MILDRED WALL 427 PINE ROAD MT HOLLY SPRINGS. PA 17065 Loan No.: 6904146807 Social Security No.: 199384449 FROM: Conseco Finance Consumer Discount Company Mortgaged Premises: 427 PINE ROAD MT HOLLY SPRINGS, PA 17065 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 PENNSYLVAT,rIA 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 MOW 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. 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 Erriergerlcy Mortgage Assistance Program. To do so, you G:Uha.ycr',debt collection\NOD\%'A.Acr? 1.1110D.2.doc PAGE 2 1 R . CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road Tempe, Arizona 85283-4583 888-3 15-873 3 CONSECO® 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: 427 PINE ROAD MT HOLLY" SPRINGS, PA 17065 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: 2/1/03 due $1126.81, 311.103 due $1121.81, 4/1/03 due $1121.81 , due $ & due . Other charges: Escrow: S Late Charges $2932.93 NSF Fee: $52.00 FPINSi,RPRINC: FT Taxes Advanced: $4211.02 TOTAL AMOUNTS PAST DUE: $10566.38. B. YOIJ 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 'TO'TAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10566.38, PLUS ANY MORT(}AGE 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, A;r 85251 (do not send cash). You can cure- any other default by taking the following action G:`•.thaye=.1?9ebt collectionANOI)\PA.Ac(9i.NOD.2.doc PAGE 3 CONSECo FINANCE SERVICING CORP. 7360 S Kyrene Road Tempe, Arizona 85283-4583 within. THIRTY (30) DA.W-W-8th date of this letter: CONSECO® (Do not use if not applicable.) IF YOU DO NOT CURT: 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 an.), time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past: due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the .lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE, ---- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately one month from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the 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 C'ONTA.CT THE LENDER: P4ame of Lender: Conseco Finance Consurner Discount Company Address: 7360 So Kyrene Rd, Tempe AZ 85253 Phone Number: 1-800-279-9416 Fax Number: 460/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE ---- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. G:AlfiaycOciebt c011uch0iiAN0DTkAcl9LNOD 2.doc. PAGE 4 CONSECo FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 888-315-8733 R. 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. ----T0 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 CURB 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 OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ----'1'0 SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. G:',thaye i Adebt mi1e(:1ion\N0D\PA.Ac191-NOD.2 doc PAGE 5 a? r 2 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 unworn falsification to authorities. Ruth Hernandez, Foreclosure Manager ES t w,. ??. Y i "jib W "Na <- 41 J C: SHERIFF'S RETURN - REGULAR CASE NO: 2003-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS C VS WALL JERRY E ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALL JERRY E the DEFENDANT at 1346:00 HOURS, on the 4th day of June 2003 at 1502 HOLLY PIKE #2 CARLISLE, PA 17013 by handing to JERRY WALL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 15.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this a tt- day of ,2 oa3 A.D. -Vrot?onotary ' So Answers:7!' R. Thomas Kline 06/05/2003 GREGORY JAVARDIAN By: (?P Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS C VS WALL JERRY E ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALL MILDRED A the DEFENDANT at 1346:00 HOURS, on the 4th day of June 2003 at 1502 HOLLY PIKE #2 CARLISLE, PA 17013 by handing to MILDRED A WALL 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 /0?- ` day of 4 2Ot3 A.D. / Prothono?' So Answers: R. Thomas Kline 06/05/2003 GREGORY JAVARDIAN By: Deputy Sheriff LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF Conseco Finance Consumer Discount Company Plaintiff VS. Jerry E. Wall Mildred A. Wall Defendants Court Of Common Pleas Civil Division Cumberland County No. 03-2526 PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on May 29, 2003. Date: Y JAVARDIAN "'Attorney for Plaintiff C? D ?? 63