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Home My WebLink About01-06389 ~ ,. , , .I . ~rl~-;_ f -J.:'''-iAj;,<(:,i,,*,,,L . Comroe Hing LLP By: David B. Comroe 1700 Market street, Suite 1400 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3l30 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term NO'OI -1...3P9 C<>LCT~ Defendants CIVIL ACTION: FORECLOSURE - COMPLAINT ............................................................. . ...................................................... oj....... NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. " YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFrORD 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 17013 (717) 249-3166 ~ APROf'J<Il.."_pu~\... Ii TO COLIJK:T Al)EBT "!<ID ~ ~""" ",TJE.~~F'T'AINET) PR~W'(O:! ~ ^'d{;J, '-~" A V ISO LE RAN DEMANDADO A US TED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIa QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE US TED 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 PART ICIPACION. ENTONCE S, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 2 .., J ^o, L. ..L ~ . '~ j-, . ~" ~,.- .), '.- --'-' , - I "lIIIDf,;;;;ifflt1;ilij,'$'~ NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion orit, is disputed, we will assume that the debt is valid. If you do notify us , in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon YOllr written request within the 30 day period, , - we will proVide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as. stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES COMROE RING LLP SlIlTE 1400 1700 MARKET STREET PHILADELPHIA. PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.dcomroe{q}comroehillg.cOlll - ;1 !-J" ,~ " - ~ ~ I ~ ~CG.,.' d'""& ~,\~-i;,+ 1. Plaintiff is Conseco Finance Corporation, formerly known as Green Tr~e Consum~r Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte, with an address as set forth above. 3. On Decemb~r 31, 1998 Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte executed and delivered a Mortgage upon premises hereinafter described to Green Tree Consumer Discount Company, now known as Conseco Finance Corporation, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1510, at page 989 on January 4, 1999. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 3128-3130 Spring Road, Carlisle, PA 17013 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by n\"ference. 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, interest and escrow as due on February 6, 2001, and as due on the sixth day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 nns A H~Or'l1SS UIilPI.JArJU)t: <0. WIIlCH IS TO COLLECT A DEBT AND AllY INFORMATION OBTAINED FROM YOU <a .ONE asH WItL BF ""1:11"' "''' -m AT E1\* - ~~'-- -"J,",,, .-~ , J-,._ "-'- -'. - -.bJ,,--~;.,,; - -.' 'lli:,L'E#_Ti.l,j 8. The monthly installment payment composed of principal, interest and escrow due under the terms of said Mortgage and Mortgage Note for each such month was ONE THOUSAND THREE HUNDRED SEVENTY NINE DOLLARS AND 34 CENTS ($1,379.34), consisting of ONE THOUSAND THREE HUNDRED SEVENTY THREE DOLLARS AND 34 CENTS ($1,373.34) for principal and interest, and SIX DOLLARS AND 00 CENTS ($6.00) for escrow. In addition there are escrow deficits due. The monthly payment changed on March 6, 2001 to ONE THOUSAND THREE HUNDRED SEVENTY THREE DOLLARS AND 34 CENTS ($1,373.34). The HUNDRED NINETY SIX DOLLARS AND 69 CENTS ($2496.69). monthly payment changed on April 6, 2001 to TWO THOUSAND FOUR 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $137.33 per month from 02/06/2001 to 03/06/2001. Late Charges at $137.33 per month from 03/07/2001 to 10/16/2001. . (c) Interest from 01/06/2001 through 10/16/2001 at $75.39 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 4 $271,692.31 $137.33 $961. 31 $21,412.07 $0.00 $13,584.62 $335.00 $115.50 $0.00 $0.00 $308,238.14 '.c",,, ~. I",,, <".. L '....." <-- t$~);\Ii%1!;;j",i,- In addition, interest at the rate of $75.39 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 $308,238.14 plus interest and late charges at the contract 5 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: October 16, 2001 Respectfully submitted, Comroe Hing LLP BY;;> ~ David . Comroe, Esquire SupremeCourtI.D. 25694 Attorneys for Plaintiff 6 'f 'l',. .,If'" '.-,-,,- ,', ....' "',";; "'""-'i~~Md!ii~J,_J, VERIFICATION for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. v~ 7 ~" iP',~"",!;..,-~...... <_'0 ~. ~ - "~ . " .'" ,L .. ~~T' DESCRIPl'ION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison BrownsweU; thence Eastwardly along land now or formerly of Harrison Brownswel1 813 feet to a point in the center of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL 121-13-0968-022 .,..' -.- - "~. =- c, .-j ,- ~ ..1. I1IiL '"'-- ~ , --,,-. -'~~-~I8!;~",""-"."if~,,.d : . [brvtro-t ct+\ I~ ~. CONSECO FINANCE SERVICING CORrennsylvania 73605 Kyrene Ro"dA t 91 N ti Tempe, Arizo"" 8j,83'458f"C 0 ce 88R~315-8; J 3 CONSECO. NICHOLES Y ANICH 3130 SPRING RD CARLISLE. PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 10, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attacbed 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 ifHEMAP 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 pbone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you bave any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (persons with impaired bearing 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 CONTENJDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON lNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HlPOTECA. -~~ . . ~~ ~~. -~ ",,-,,= .:; ~I . ,;; , 'lJ , ~- ~" ':ilIlli!~""";"".i,,,,;' ~;. CONSECO. CC>NSECO FINANCE SERVICING CORP. i~6o S Kyrenl' Ro,IJ Tempe. Arizona 8SZ.RJ.45Xy 888-3 l 5.87'3 :; Date: 4/10/01 TO: NICHOLES YANlCH 3130 SPRING RD CARLISLE. PA 17013 9875 3248 Loan No.: 6902557823 Mortgaged Premises: 3131 SPRING RD CARLISLE, PA 17013 167404470 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WIlli THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACf 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 PROSPECf OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND --- IF YOU MEET OTHER ELlGffiILlTY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled 10 a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During thai time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TInS 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 TRIS 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. Thenames, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOa 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 med 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 PROMPT!.. Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERlODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. =',:;"'_",""J"j ~. CONSECO, CONSECO FINANCE SERVICING CORP. 7~6o 5 Knene Road Tempe, A~izona 85283-451(, 888~3 15-R7}J 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 bas 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 ATIEMPT TO COLLECf THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CUIl.E YOUR MORTGAGE DEFAULT (Bring it up to date). l'!A TURE OF THE DEFAULT -_ The MORTGAGE debt held by the above lender on your property located at: 3131 SPRING RD, CARLISLE, P A 170 \3 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past dUe:216/01- $\379.34,3/6/01-$\373.34,4/6/01-$2496.99. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $3070.89. TOTAL AMOUNTS PAST DUE: $8320.56. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CUIl.E THE DEF AUL T - You may cure the default within THIRTY (30) DAYS of the date oflhis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8320.56, 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 Kvrene Rei. Tempe. A? 85253 (do not send cuh). You can cure any other default by taking the following action within TIIIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEF AUL T --- 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 afthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment oflhe 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 10 $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed S50.00. 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. ,~"" ,,,,I&. > ~I>.--,-. , - ..', ~ , ';"'~_3,;',""_~,:__~,,i_ [!!,. CONSECO. CONSECO FINANCE. SERVICING CORP. 73605 Kyrene RO;id Tempe, Arizona Hp8.\-45S.; 888-) '.1-87)1 RIGHT TO CURE TIlE DEF AUL T 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 Sheriffs 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 fo~ 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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 6021333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE --- You should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _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 HA VB THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY nURD PARTY ACTING ON YOUR BEHALF. - TO HA VB THE MORTGAGE RESTORED TO TIlE 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 tIS ~ ,.cae , ., , ,"'. - '~IW<ti;.",,"*'''.'~ CON'ECO FINANCE SERVICING CORfennsylvalllia 7J60 S Kvrene Roa<A t 91 N t" Tempe. A~izona S.S2.83.45H5"C 0 Ice 8S8-3 '5.8733 ~> CONSECO. JALORMA Y ANICH 3130 SPRING RD CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 10,2001 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 (REMAP) may be able to help to save your home. This Notice explains how the program works. To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOnCE. Take this No.tice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll ftee at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869). . This Notice contaiRs 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 SUII1A IMPORTANClA, PUES AFECfA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. if . '~o~".;.;;,"j ~.. CONSECO. CONSECO FINANCE SERVICING CORP, 73('0 S Kvrene Road Tempe, Arizona ipRJ-45~(~ 8RS-315-R733 Date: 4/10/01 TO: JALORMA Y ANlCH 3130 SPRING RD CARLISLE, P A 17013 9875 3255 Loan No.: 6902557823 Mortgaged Premises: 3130 SPRING RD CARLISLE, PA 17013 210543435 FROM: Consceo Finance Consumer Discount Company YOU MAY BE EUGIBLE 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 ACf OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: -IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, -IF YOU HA VB 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 offorcelosure 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 cOWlseling agencies listed at the end of this Notice. TInS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DONor 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 Wld telephon~ numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLlCA nON 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 Wlable to resolve this problem with the lender, you have the right to "Pply 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 cOWlseling 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-ta-face meeting. YOU MUST FILE YOUR APPLICA nON 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 IMMEDIA TEL Y AND YOUR APPLlCA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. -- --~-- I._~~~~ I ","""'''~'',~:..!k'''~i.).,4 ~,. CONSECO. CONSECO FINANCE SERVICING CORP. 73605 Kyrcnc Road Tempt:. Arizona S5:!.83-45S3 RRS.3 L5-Hn3 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 A TIEMPT 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: 3130 SPRING RO, CARLISLE,PA 17013 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:216101- $1379.34,3/6/01-$1373.34,4/6/01-$2496.99. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $3070.89. TOTAL AMOUNTS PAST DUE: $8320.56. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Donat use if not applicable): HOW TO CURE THE DEF AUL T - 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, WInCH IS $S320.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH 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: CQ))seco 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 fifthe date of this letter. (Do not use ifnot 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 lendet 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 ofthe total amount past due is not madO 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 y.our case to its attorneys, but you cure the delinquency before the lender begins legal proceedings asainst you, you will still be required to pay the reaSonable attorney's fees actually incurred up to $50.00. However, illegal 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 attomey'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. ,. . ~ - ><--11 ,.-, ,__ L "~.- ..~'" "~, ":l<h<''''';"L~"",,,h'_c;i ~,. CONSECO. CONSECO FINANCE SERVICING CORP. 7'\ 60 S K vrent' R'l;ld Tempe, A~izona H'p8J-4583 88!l-3r;-873.l RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE -- If you have not cured the default within tbe 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 befone tbe Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable anOrney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheritrs Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mongager 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 Sheritrs 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 Sheritrs 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: Conscco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 6021333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE -- You should realize that a Sheritrs Sale will end your ownership ofthe mortgaged property and your right to <><:cupy it. If you continue to live in the property after;the Sheritrs 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 _ mayor _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, cbarges 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 PAYOFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T 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 AgencyList cc: Customer File 4'- ~~-- ,',-"- - -- -,J-, '~ - ,-~ - "'t""""j,,,:;;~,'&.d,;,,"j LAW OFFICES COMROE IllNG LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 DAVID B. COMROE GLENN F. RING ROBERT J. wn.sON BLAIR KALISH ADLER DATE: September 14, 2001 To: Rachel E. Marte 3128-3130 Spring Rd. Carlisle, P A 17013 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 (REMAP) mavbe able to help to save vour home. This' Notice explains how the program works. To see if HEMP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counseling Agency. The name address and phone number of the Consumer Credit Counseling Agencv servingvourCountv are listed at the end of this Notice. If YOU have any auestions. YOU may call the PennsylyaniaHousing 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 he ahle 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 DERECHO A CONTINUAR VIVIENDO EN SU CASA. SINO COMPRENDE EL CONTENIDO DE ESTANOTIFICACION OBTENGA UNA TRADUCCIONINMEDITAMENTELLAMANDO ESTA AGENCIA (pENNSYLVANJA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SERELEGIBLEP ARA UNPRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE SALV ARSU CASALAPERDIDADELDERECHO AREDIMJR SU HIPOTECA. Tf-ITS IS A PROCESS TIlE PURPOSE OF' WHICH IS TO COLLECT A DEBT AND ANY ANYlNFOO RMATIONOBTAINED FROM YOU OR NE ELSE WILL BE USED TO THAT E\ND. " *'-' . , '~ ~ liliMl:1ili~.!t.lliijr'l' ,-, --, -,~, lS.l!~-w~J1!;i HOMEOWNERS NAME(S): Nicholas Yanich JalormaM. Yanich Rachel E. Marte PROPERTY ADDRESS: LOAN ACCT. NO.: . ORIGINAL LENDER: CURRENT LENDER/SERVICER: 3128-3130 Spring Rd. . Carlisle, P A 170135 6902557823 Green Tree Consumer Discount Company Conseco Finance Corporation fka Green Tree Consumer Discount Company HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage forthirty(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 ofthe Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DA YS.1F YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--Ifyou 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 and addresses and telephone numbers of designated Consumer credit counseling agenCies for the county in which the orooertvis located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediatelv of your intentions. - APPLICATION FOR MORTGAGE ASSIST ANCE-- Y our mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infomiation 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 :: . ~.~~-' '._-, - iilItJlliil .,. ." , I.~~ . ^ ~~ ""'- .4 iL c''''i>tl;,oZ'''_\i',M,,,,,',b counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed orpostmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTL Y. IF YOUF AIL TO DO SO ORIFYOUDO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available fimds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still . apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THEDEF AULT --The MORTGAGE debt held by the above lender on yourproperty located at: 3128-3130 Spring Rd., Carlisle, P A 17013 IS SERIOUSLY IN DEFAULT because: A. YOURA VE NOT MADE THE MONTHLY MORTGAGE P AYMENTS. The following amounts are now past due: Monthly Payments February 2, 2001 through September 14,2001 payments at $1,373.34 each $10,986.72 Late Charges February 2, 2001 through September 14, 2001 payments at $137.33 each $ 1,098.64 TOTAL AMOUNT PAST $12,085.36 B. YOU RAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAlN): HOW TO CURE THE DEF AULT-- Y ou may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,085.36 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTYDAYPERlOD. Pavrnents must be made either bv cash. cashier's check. certified check or money order made payable and sent to: c~'!IlJI: ,~ ~.lll..MII . -il ~ ' , - "~ "' '. '-, ..ii-_;;C"",*,,.";,i' Conseco Finance Corporation fka Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letier:(Do not use if not applicable.) IF YOUDO NOT CLJ.RE THE DEliAULT --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. Iffull 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 UDon your mortl!aeed Dropertv. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged propertvwill be sold bvthe Sheriff to pay off the mortgage debt. lithe lenderrefers 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 that were actually incurred UP to $50.00. Howeyer. iflegal proceedings are started against YOU. YOU will have to pay all reasonable attorney's fees actually incurred bvthe lender eyen if they exceed $50.00. Anvattorney's fees will be added to the amount you owe the lender. which mavalso include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY Deriod. yOU will not be required to pay attorney's fees. OTHER LENDERREMEDIES-- The lendermavalso suevou personally for the unpaid mincipal balance and other sums due under the mortgage. You can not be sued personallyifvou haye obtained a discharge in a Bankruptcy proceeding. In thai circumstance suit will be for propertY only. RIGHT TO CUR E THE DEFAULT PRIOR TO SHERIFF'S SALE---If vouhaye not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. vou still hayethe right to cure the default and l'revent the sale at anv time UP to one hour before the Sheriff s Sale. Y oumav do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees arid costs connected with the foreclosuresale and any other costs connected with the Sheriffs Sale lWecified in writing by the lender and bVl'erfoiming anvotherrequirements underthe mortgage. CURING YOUR DEFAULT IN THE MATTER SET FORTH IN THIS NOTICE WILL RESTORE YOUR MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFAULTED. EARLIEST POSSIBLE SHERIFF'S DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged propertvcould be held would be approximately six (6) months from the dateofthis Notice. A notice oithe actual date of the Sheriffs Sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at anytime exactly what the required pavrnent or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Creditor: Conseco Finance Consumer Discount Company Address: 7360 Kyrene Road, Tempe, AZ 85283 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: Customer Service EFFECT OF SHfiRIFF'S SALE--Y ou should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occ~py.it. If you continue to ~ive in the property after the Sheriffs Sale, a lawsuitto remove you and your furmshings and other belongmgs could be started by the lender at any time. ~,- "''''''-" ,~ '~ --- - I'. , ~.~ , k '-Jiip-'!'ilil'!"i-j.\,U"-",,,' ASSUMPTION OF MORTGAGE-- You _ mayor ---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 REQUJREMENTS 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 TIDS 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 DEF AULTHAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOUDONOTHA VE TIDSRIGHT 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 ASSERTANY OTHER DEFENSE YOU BELIEVE YOUMA YHA VETO 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 OMROE, ESQUJRE "'-.., CERTIFIED MAILIRETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and anyinfonnation obtained from you or anyone else will be used to that end. ""'''',~-,;, - -. ur .' FAX-(814) 898-1248 ~ ',.1 CUMBERLAND COUNTY ----._-~-..... CCCS of Western Pennsylvania, Inc. 2000 Linglestown RDad ' Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Hs.rrisburg N. 6th St:ree,t Harrisburg, PA 1710l (717) 284-5925 FAX (717) 284.9459 Community Action Comm of the Capital Region 1514 DerTY Street Harrisburg, PA 17104 (717) 232-9757 , _F~l'7)V~.8q:.2:2'7 ....."" , . " ." i ,'~ "" ~1-_.~W_-4W-~""iJ Financial Counseling Services of Franklin 81 West 3rd Street Waynesboro, PA 17268 (717) 7?2-8285 YWCA of Carlisle 801 G Street Carlisle, PA 17018 (717) 248-8818 FAX (717) 781-9589 Adams County Housing Authority 189-143 ,Carlisle St Gettysburg, PA 17825 (717) 884-1518 ,F'AX (717E~4-8826~'h___'_ . . : . .1: ""-, ~" " ,'1,[ _1 I;...,~ ":S*,~iJ:",':\i;~E+ "",,,<, , ru rn Lrl <r .:r Cl cO .:r Postage $ , f Certified Fee ru Cl Cl Cl Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Postmark Here Cl l'- -" .... Total Postage & Fees $ Sent To Rachel E. Marte -St;eet:A;jt~.f.jo.;.or-PQ.Box-No.------......".-----.'-----'.---."-------------..... ----------___,}Lf_e.=_:U:.l-<LS.P.IJ"g__R!L._______________________________ caY, State, ZIP+4 Carlisle PA 17013 . .. Cl Cl Cl l'- ~,:htiLiji:~"~-gU4~1il!l~~~-illlrl,(~q!1h':-,-<,'_'" . ,', ',':~ii".il,r,t"t~.:oi!@>':L,",,-\~,~'~H;d,~~~MM: "iiifr'~~~&It"'"'" '.L."~' r""~"". ~,~ ;;,),~, .J.n~,~"", ,,'",," . ..,1.1. I.,.. i~ ~ ~ '- ~~ ~ ~~ &8~ ~ t I I CJ ~ fPrI C> ~ t ~ .""" ~,"~-"'"--""",,~'-"~' ," ,~~,.,',',~,,~-~,>, "- "~- L. '" ri( -:;.-' ,----; --,- (,;L:,._ C:.~ (..) <:~. -.- 0:::;;,,1, --' ~~~ =< o ~~. ijBiiL!l:Sw.tt.1l '---", \1,:) :J1 .-J (" :-;> () (~In "L< :.u -< );jV) ~ OJ: .......0 " v - ~ " ~ , ~ "I'" ~~^ ,- ..:."";-,,,.;-~ ['"""':--;"""'~~i);.",j" , . 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 Corporation, formerly known as 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 ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA l7013 Term No. 01-6389 CIVIL Defendants ............................................................ . ............................................................ . PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $317,759.42 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: _,.f~ r" ~ ~ Il -~'..- , .' I -... -- ,~-,~ ,,,,,,,,,,,,,,,,,,,,,,"\~",,'~,"m,j~ , (a) Principal Debt (b) Late Charges at $137.33 per month from $271,692.31 $1,647.96 02/06/2001 to 02/12/2002. (c) Interest from 01/06/2001 through $30,384.03 02/12/2002 at $75.39 (d) Total Escrow Deficit to date $0.00 $13,584.62 (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 $335.00 $115.50 $0.00 $0.00 $317,759.42 DATED: February 12, 2002 Respectfully submitted, CO~Hing LLP BY: ~0..h'./l David B. Comroe, E~~re Attorney for Plaintiff Damages assessed as above this day of , 2002. Pro Prothonotary 2 - '" _.,,"k~ ' .~ -~. .................. ;,1,-, 1- " __~', "_..." -~- -'---'-lo;~lj';Jm"*-- Comroe Hing LLP - B}: David B. Comroe Identification No. :25694 1700 Market Street, Suite 1400 Philadelphia, PA 19103 215-568-0400 Attorneys for Plaintiff Conseco Finance Corp., fka Green Tree Consumer Discount Co. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. Nicholas Yanich, Jalorma M. Yanich, and Rachael E. Marte :ACTION OF MORTGAGE FORECLOSURE Defendants Term : No. 01-6389 CIVIL TERM TO: Nicholas Yanich, Jalorma M. Yanich, and Rachael E. Marte ................................................................ . . . . . . ~ ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . 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 T}!E 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 17013 (717) 249-31.66 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 US TED . SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEQAD o OSTROS DERECHOS IMPORTANTES. USTED DEBELLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y 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 17013 (717) 249-3166 DATE OF NOTICE/SERVICE: December 21, 2001 BY: PlJcwd?J3. ~MM<Oe David B. Comroe THIS IS A PROCESS THE PURPOSE WHICH TO COLLECT A DEPT AND ANY INFORMATION OBTAINED FROM YOU OR . ------ -,------- .~ Ju - ,'. l~ U~,,~ --...~~,,"""'ii;O.{ 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 Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 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 December 21, 2001. ~'/!/7 v{d B~u~rnp. Esquire Attorney for P1aintlIf--... SWORN TO AND SUBSCRIBED before me th/(~~1L ~::LOf ~ Notary Public , 2002. NOTARIAL SEAL THERESA A. KIESEL, Notary Public City of Philadelphia, Phiia County My Commission Expires August 15, 2002 rr: ~. ~-. L., o.G-, i .1 ~ ,_, , - 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 Corporation, formerly known as 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. ACTION OF MORTGAGE FORECLOSURE Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Ja10rma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 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. Comroe, Esquire tJ1t if f Sworn to and subscribed before~p~,..AJA' thi~~ (1 ~cMl of 'vv~~6 Notary Public , 2002. NOTARIAL SEAL THERESA A. KIESEL, Notary Public City of Philadelphia, Phi/a. County ~. Commission Expires August 15, 2002 . -. ""'-"'Jiffi!,;;.~,~' :1'- ~~ - - ,."1, ,,,-,, h_ L< ,. _r_ ~r~~,_i-- -_.- NON-MILITARY AFFIDAVIT STATE OF SS COUNTY OF RE: , being first duly sworn on oath deposes ~d says: l. That r am employed by the Elaintiff herein as ',. servicer of the. mortgage.- 2. That the captioned individual(s) are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are . designed to discover ,facts concerning the titleholder's occupations and military status. 4. That' said, procedures were followed in connection with the current delinquency. S. That, on information and belief, that captioned titleholders are not incompetent or in any branch of the military service. Sworn to and subsc:fsedbefore.me this /;:}{I:! day of -1ttYI4' ~uOA, /! ~ a. I)~) NOTARIAL SEAL I' , NOTARY PuiiIC i THERESA A KIESEL, Notary Public' , ,City of Philadelphia, Phila, County :i . _i1f:)i Cornrrllsslon Ex~,(es Au~ust i5, 2002 '.' :~:'i) :'I~~*&!i1~_;l"{l~l1!1{~~~iii"~lJ"i1~)fa'''~';}'!El;i-''''''')';t.\'~,f;-_W3iA>!;,\iI;L"'M""'MjS!il~;)'~~liiiYP71@Eli,MJ!l.~!l;~- -lM!~ 1Wll.'l """""s"~""'-'-~--Mli""''''- "" !If ~~" " t ~ a ~ \) eJ c-:; C-f c: r'-.,."+ .e,l C> 41 , r ""- ""- -of" r~rj -.() ~ Inn- ,::"0 }U Z:., ~ -,,"r- ~~'''.J ::J ...... ~~:> <::> j ~ r:: ?~:.'~ ~'" ~ =~: r~. ~~:-. S;~ 5 (' ,-_"F- .:r; ::rJ '"'" -< (::;) < "c,)U"-E _IJIIII ~=-,~~_ ~_.. ____~___* """""'"'..""~~ ^_ /_,,,,, =_<-w.r'__o,~ _,~, ~ " .,,",_ ,,~ ~ ,--. ~ -~, ,,~ " - --;<d; ~~ ..u. . ." ~~~_. ,1__ _ L,~-,," , -'i._8>>~, ... y' PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe HiDg LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree . Consumer Discount Company --7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Nicholas yanich 3128-3l30 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 3128-3130 Spring Road, Carlisle, PA, 17013 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $317,759.42 Interest from 2/12/002to 6/5/2002 @9.99% $7,131.57 ~~~~ David . Comroe, ,W~:~~ Attorney for Plalntlff ~. 1,i:I-~-~ ~ ~~, r~ ......,...~.~ " ." ~ " .;..1 . . 1<o>J~~'~k-."""",_"--,,?,,i-:,,-,,L . ^ '''_'_'~'_..r_': ~''':-h':'~-~: . - ' - . . W .-- .:.V.; ,','""C' <"-:""':": ,-,-:-:'" - , . 'i~~,: . ,", . T-' .~ "_' . 1._ ~.. ~ 1\ \ I '-"-''''--:''''--:':;'''''~<'.;-",:- ,'-" DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land nOw or formerly of Harrison Brownswell 813 feet to a point in the center of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 I Jf fiil ~ v "',~?"'R~ ~. (:::J0 It. ~ c ...... -() ~ ....... ~ ~ .~.~ ~ g f::f) _.I~."", ,- ,.",k:' 1<~ - . '~"'"-~ " ~J;,",,,,-,,-;.,,.i..nn1c-'~,,<~ ~- "c-,-,"~jV,tfiM'~ - """ -..) ~ -0 "'I " ~ .. " ,~.~""_",-',,,,, ~"" ~_"~__ ""U ~ , l ..... a. ", -CQ. P-J'f' 1J "-'~(;:;: <1 .J::: .. ( "J~O~~() 0 00 0 c., V ~ D I I I I I j ~,~~ ~.~~ , .". ~ .:; ~~ YJ:- . .. ",..L,," _~, """ '~:l' . ':" -'. "-"'~~ M~ _~____ ~~","" " o ~; Ul'.i:: n--'jr: -/""! .t__ .~ /:~C: r'J)o.:. :...< r::: "'--.. ~~f:~, ~;>~~-~ /, . ::::;~ ~< fJ < <:':"' f"J -,., ['1 'Xl {\,) (=' ..--, -, , ~)i'n :~1 ~, _."~ :J1 CO <~^"~.~ ~_ ~~, - I "~ ........- i'_ .' """"" rn I ~, - , ' ' . ,,' j" 'l:;>i '~;~i~..;\I,j,; 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 Corporation, formerly known as 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 ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants ............................................................. . ............................................................. . AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Corporation, formerly known as 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 3128-3130 Spring Road, Carlisle, PA 17013: 1. Name and address of Owners or Reputed Owners: Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 3128-3l30 Spring Road 1 "'~'". ~,-t... -0 ,~ . J'. ~~ . l--"."'"_~;b''' Carlisle, PA 17013 Rachael E. Marte 3128-3130 Spring Road ~arlisle, PA 17013 2. Name and address of Defendants in the judgment: Date Service Code Nicholas Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 1 3128-3130 Spring Road carlisle, PA 17013 Rachael E. Marte 1 3128-3130 Spring Road Carlisle, PA l7013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: I 4. Name and address of the last mortgage of record: I ~ I Service Code recorded holder of every Date Service Code Source One Mortgage Corporation 2/n/OZ 3, 27555 Farmington Road Farmington Hills, MI 48334-3357 Beneficial Mortgage Corporation Z(I'2-( (J2- 3 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 National Central Bank Z I n.-/ Vt- J 222 Market St. Harrisburg, PA 17108 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: 2 ''!:! = _=1 -il~> " L' ,';' I...~_....... "'=', - ~. ,.. ~~'*.- I Service Code I~ 6. Name and address of every other person has knowledge who has any record interest may be affected by the sale. of whom the plaintiff in the property which Date Service Code Commonwealth of Pennsylvania Z{t'b(62- 3 Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania z{ J~cn.. 3 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Family Court v(n/o2-. 3 Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (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: Z)/~ ~ Plaintiff -.- 3 -' .....~ "...I ~ --'" '. -- ~ , ' l_~ - ,,,.I~~. <C'- , ,- ,~-.._.: :,"-' i;....,~,_ ~\, 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 Corporation, formerly known as 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 ACTION OF MORTGAGE FORECLOSURE vs. Term No. 01-6389 CIVIL Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 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 Corporation, formerly known as 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 3128-3130 Spring Road, 4 '" " " L 1- =->~~,V Carlisle, PA 17013 to be sold at Sheriff's Sale on June 5, 2002. As required by PA R.C.P. 3129.2 (a) Notice of Sale has been -given in the manner required by PA R.C.P. 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.l. 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: February 12, 2002 ~CV"U'6~ Attorney for Plaintiff 5 1t J_' n "l-j, ;ul ,-. , -<,~, ~~~~t-" LAW OFFICES COMROE RING LLP SUITE 300 1608 WALNUT STREET PIill-ADELPHIA, PA 19103.3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAlR KALISH ADLER Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3l30 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND county, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. -This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners 'and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than .thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb .........---~ ~".~- ~ ~- "__-,.l, J ."" ~~ '~~""';>d,~f'€;:A"i"",i!,>, LAW OFFICES COMROE RING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.cOlmoehing.com DAVID B. COMROE GLENN F. HlNG ROBERT J. WILSON BLAIR KAlISH ADLER Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 February 12, 2002 RS: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dea.r Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a. creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, .a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (lO) days after .the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. J:5:k1?, ~.<,~- Dav e, Squ e DBC/jb - ...._.., ....L~~ - -," '-..,'[' " ~ I li.l __L ~;.,-:',A,'~~.f<' LAW OFFICES COMROE HING LLP SUITE 300 I 608 WALNUT STREET PHILADELPHIA, PA 19103.3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DAVIDB. COMROE GLENN F. HING ROBERT 1. WILSON . BLAlR KALISH ADLER Family Court Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 February 12,.2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachae1 E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (lO) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. . --- DBC/jb ~~ ~. '; L ,L"- ._"".,.,~, ," , - *--,--- ~'MfiI~"'f#gM;,,j-~ LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUIvlBER (215) 568-5560 WWVI/.comroehing. com DAVID B. COMROE GLENN F. HING ROBERT J. wILSON BLAIR KALISH ADLER . Source One Mortgage Corporation 27555 Farmington Road Farmington Hills, MI 48334-3357 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at lO:OO AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb ...... ~. ~~~" ~ ''"'''' "I .~.~ - - ~~'>' '<.;,.<""'Il;,~)~,,-i DAVID B. COMROE GLENN F. RING ROBERT 1. WILSON BLAIR KALISH ADLER LAW OFFICES COMROE liNG LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com Beneficial Mortgage Corporation 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Ja10rma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at lO:OO AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale ,and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb _.L ~-~.. .,.1, _J '''''''''' -.-, ....,,-wffig~"''-*'',,:'''f , LAW OFFICES COMROE RING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DA V)D B COMROE GLENN F. BING ROBERT J. WILSON BLAIR KALISH ADLER , National Central Bank 222 Market St. Harrisburg, PA 17108 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. - DBC/jb U,S, POSTAL SERVICE CERTIFICATE OF MAILING COMROE HING LLP ." -o"e: "Ii'-~ l/) 0 I~ i:l ~)> en ,A ~1 ~ J ." , 0 <-<. .. . . -'" -0 0 ~ <' Om 0 ... -)\:'-~ 3 re' a . me: '" t1:J", t1:J 0 ~ -0",'" IJ.: 2-; w ~ to . 'p:: 0-0 Om l> . ~r l 00 a ",0 Z S. H ~~ "0 r '. "):l';' ~ 0 tOo t-< Z'TI tfJ .;.. Z "'>-3 to Q ",0 m ':':t~ ~ c:tl ~ ~~'r; " '" "'to "J' ~ to f to >-3 H 5' "0 - . to ~o ~ -, L ~ () a to N a " t-< p:: .... ~___;S 0 ", N H n" " " 1:: 3 'd H mm ~ , . ~ p:: Z I~ . . -2:\ '" <: H " -0- l~ , 00 '" ii1 . g~n '" S ~ ;l> , " t-< "'z m ! . t-< "0 :Jl >< ~ '" . . 'd 'd ~z -t ~ 0 >-3 . g; ~ ;l> ......- en ~ mm ." H 0 e ",,- a '" " zO p:: to l>;I> ... :J-j ~ ~m H 1'0 to "." ~ ~s: ;';1> 0- ml"" ",- zZ OC) -< MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER 6 flll4.lJ e I boCZ Wa m PS Form 3817, January 2001 -~>-'._".;- ~- U,S, POSTAL SERVICE CERTIFICAtE OF M'AIUNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOl PROVIDE FOR INSURANCE-POSTMASTER Received From: PHILADELPHIA, PA 1910 One piece of ordinary mail addressed to: ~ COMMONWEALTH OF PENNS P.o. BOX 2675 HARRISBURG, PA 17105 -, _ ~a;.- ~'-""'" -- -~_o---.-- Q 0 C') L 1":- "'1'\ ","'. ...,-, u '_.~-' ,Y'\ :;g IT! !~~:; ):::0 2~ ~ ;:;:: r- -1""';) 0~_;> C) ~ eo r' C ~.'C:."J" r ::~ ~~ C~ z , ~; () C) (:' C --~ Z ~ -j :.n S::J ," (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 U,S, POSTAL SERVICE il!lTfFICATE Of' "t~NG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO' PROVIDE FOR INSURANCE-POSTMASTi:R FAMILY COURT Received From: COMROE HING LLP 160B WALNHT STREET, SUITE 300 PHILADELPHIA, PA 19103 One piece of ordinary mail addressed to; ONE COURTHOUSE S UARE CARLISLE, PA 17013-3387 (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar, 1989 I I I i! iT'II1t~wr,~.,~,~ -:- , ~~"'"1"~"~;r!1!:'1-':t ,~. . .'~~'r'",~"Y"I'~ ~ ~, ~'!'1, ~r,' "'''1: '; ." y-,I!!, f "',i1 ru':' en" :;-~.,..~""""""" -t-..- -- -.- .,..- > ~,~'~ -~ - -"--- """ ~c-""r< ~"> ,-" '" - ,~ ,c"","~~" H_ " ~""""C~"""_">'"__, "~" ,-' ""ti'1'r""--'~-' TirJ r ]fllif~~L::r-"'rr"" " u.s. POSTAL SERVICE CERTIFICATE OF MAILING (j) jl?:: C -n 0 " MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES ~IOT 0 0 . 0'" PROVIDE FOR INSURANCE-POSTMASTER 3 . n <-< ~ ~ . -'" ." ~ ro' <' Om 0 Received m, W n . me <n i+ln C":l C":l0 ~ CO . "d C":l~ ~<n -< 6 rh;p..,~e 0 :>-z " ~ 00 Om" :-' Z f1'" "0 r rj-ruuf Swi '" ~ H ~iP z-n en fbo<Z Wa ~ r <nO m n'lA s: '" HC":l ~. :>- 0 C:II ~ ~ C":l ,"0 l;;;l '" "0 - -ph.'lz 0 t"'e:: ~ '" "0 " ",,", 3 r ~ z;: m E& ('1 I ()~~ CO <1 H ~ "m "d H m", CO '" ~ '-< CO . ~ Z "dO ~ .,,- :>-e:: ~ H c;'l 0" :::]VfP/;';;'drZt~ rltf mh ~ >. ~ :>- ",,,0 '" r -<zm :>- ,...'" . ;:0 :xl . r z --.J ~ "d "d e;:z -t H 0," ? :>- -<-<- ~2;Z, ~ark.e.--f 5f C":l ,... mm ." ~ we:: ",,- "- ,... zO 1:>- "'. ":1> '-< w'"' ,... :;-1 _ll/fJ?J2./ .bun; P/J. /7M~ ~ w'" 0 ~m 00 w ~o H .... '" ;:." U,S, POSTAL SERVICE CERTIFICATE OF MAILING ~ FS: MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT " 0:1> PROVIDE FOR INSURANCE POSTMASTER ' 0- Receil/ed From; ml""" "'12 COMROE HING LLP ~G) 1608 WALNUT STKEET, sun PHILADELPHIA, PA 19103 One piece of ordinary mail addressed to: BENEFICIAL MORTGAGE I~ ROUTE 22 ......1 BREWSTER, NY 10509 m III ---~ (CONSRr.o vs. VAN:rr.l-llAMTli"\ .l8-~">>.Q..rP..lhl Jllo " CERTIFICATE 01' M~ILlNG (j) :gs: c u.s. POSTAL SERVICE -n " 0'" MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT 0 . <-< ~ 3 n PROVIDE FOR INSURANCE-POSTMASTER . -'" ." <' ~m 0 . W ~~ ~ ~e '" Received From: CO ~ C":l "d C":l~ o~ :;! C":l 0 ~ 00 "0 r ." 0 ~ H ~. :Z-n en s: z 5 ",0 m COI'1ROE RINC UP '" H 0 C:II ~ ~ '" '""" '" "0- 1608 WALNUT STREET, C":l ,,"0 "0" '" z;:m '" 0 e:::><: t" =: ~rn CO <1 '"' "d H ~::;j CO c;'lN ~ Z '" . '" H 4l 0" ! .... :>- ",,,0 One piece of ordinary mail addressed to: "dLn r -<zm ~ :>- r ;:0 :xl SOURCE ONE MORTGAGE :;': "d 6;z -t ,.. ? -<-<- H .... mm ." ",,- C":l ,... zO ~ 0 ":1> .....: ..... Ln :;-1 '-< ~m VI>.NTr'H!1AMll') <;..1', ~ ~O (CONSl1<:O \T~ H ;:." '" ~s: CERTIFICATE 01' MAILING ~ u.s. POSTAL SERVICE ;':1> MAY BE USED FOR DOM€ST1C AND INTERNATIONAL MAIL, DOES NOT 0- ml""" PROVIDE FOR INSURANCE-POSTMASTER ",- zZ Received From; gel . . '<lei .. '. '. 1- '. ... - One piece of ordinary mail addressed to: ....- ... COMMONWEALTH OF .. . ... .. --J P.O. BOX 320 <"11 CARLISLE, PA 17013 Ul (CONSECO VS. YANICH!JAMIE) PS Form 3817, Mar. 1989 -j];; , ,~~~..~~~!~~'ll~i!'S'~-,j~IIDjllf$!~*'!J!HI~I'''"'!l~ ',~~T--'~<:" ,~,~11'l1l!~.~.lilrm:llw.a1iIif'!,tp,;,~ __,:",~.~_,;;:,:>~::;:~~~;t!~_~~W1IIII!l~P!.I~~'-'!;: -II"" -"', ." "'~ , " u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE~POSTMASTER { Received From: ~ COIfROE HINe LLP 1608 WALNUT STREET, PHILADELPHIA, PA 19 \! , One piece of ordinary mail addressed to: COMMONWEALTH OF P.O. BOX 320 CARLISLE, PA 17013 (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 US POSTAL SERVICE C. TIF TE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: 1608 WALNUT STREET, SUITE One piece of ordinary mail addressed to: SOURCE ONE MORTGAGE (CQNs"C'n vs VH1TrJ.l1 TAMTR) PS Form 3817, Mar. 1989 ~ , 1!J1'....... "'""""''-'',)$',r"",j . .-:"jJ ~ "Jh- ..,~~ _. ~ ,~ ...... ~ ~" . I.'; ~~ . ~.l '"._'':''l''-," ",-, -<---l'''---~i " , . ~ . 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 Corporation, forme~ly known as 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 ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants ............................................................ . ............................................................ . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO:Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Your property at 3128-3130 Spring Road, Carlisle, PA 17013 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $317,759.42 obtained by Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company against you. ""-",, 1lIiilll_~~'~....L....~,~ -- -'I" ,--, .1 ,,!.- A,!w~: .. , - . NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to 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 you contact one, the greater the sale. (See notice below attorney) . to assert your rights. The sooner chance you will have of stopping to find out how to obtain an YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. 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 Sheriff of Cumberland at (717) 240-6930. 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 Sheriff of Cumberland at (717) 240- 6930. 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 amount due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. in the property until the full and the Sheriff gives a deed the buyer may bring legal 2 ^ ...,-"""".""".,,......- " - ~.~ ....- _to. J ~.~-,,; ~ ."" , -~ , .,,,. "-!;'fl!~~; . 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 recei ving 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 wi thin ten (101 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. 3 ,~ ~.., '-J........,_ ~ . --o:t.~""'_-- ~ ~ ._ -,'ill" . I '"'~ 'i ',;" ,-.-'-,-", 'II'U~~l!tifii.,' .--._- ---', ., ".,..-...- .'.~,":".:u-",-",,'...," . "'"'j''' ,,-w:"'-' w. ....,. ._..,." ':';"";';'--,n.'.-. .. ,- ~"- . - ,_.. . ,~. DESCRIPTION ALL THAT CERTAIN lot of ground simate in Middlesex Township, Cumberland COUnty, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 r O~ - .- l' "_ I ~~ oJ. . .",_w , -.'-~'~'ii-;'~~i;! . '.". ....h-.-..~.,'".". .. ... __ .. ........ .. . , . "'. .. -,-.'.. .....-, '" . ........,.... "-'h-<~.:'':''.'';..."",,'.'-'. :'-"'-.... . ...~;.:..:. ... -~ . <,--.. -,..' .',.,:. -' ",...,;,,,--",-.".;,-,;;.;--:.-... ,: .-,', . ... . . ... .~-,.~'..., W~.~.. .'.1 _".' ",'.'." ....,'._....:- ",-. 'J." DESCRIPTION ALL THAT CERTAIN lot of ground simate in Middlesex Township, Cumberland COUnty, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an icon pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of hind now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 ~ if ~~~~~t:f~j:;;'lit.t..m1iM."""';!W--"'WMMJl:-1'I!:(''''''-~'''M''';~'<"'-J5'c-,S; ,,\:,,"L"",i~i,;;",';, or_,'1~1!!>:~'jMi~)2iflil~Wli#~~~~.~~ii!ii~t!MV r - fr' J L - 0 C -T1 .''0 ., ~ r'''' , :';J :2: r-.) /. ,'n C::) / ~:: C'_ 0-- , :2~ .-r... -- , , ~~1 ~,~ ,)-w' (--'" ::-;; ::~.:.j ::)1 ~9 ~< CD " ,"-, --= ~, - , -"~~. ,~~ '~'''Ii'tWMoo '''''~.'" .,' ~ -. ~- I.... " 'i-" -." ' ~,<i",.d SHERIFF'S RETURN - OUT OF COUNTY ~SE NO: 2001-06389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS YANICH NICHOLAS ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: YANICH NICHOLAS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE attached return from DAUPHIN On November 28th, 2001 , this office was in receipt of the Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co. 18.00 9.00 10.00 25.50 .00 62.50 11/28/2001 COMROE & HING C~C:~7 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this <v 30 ~ day of ~ all<> ( A. D . q / -,-C'i1",i ,J! 1 prot~on'ot~~ ",*""-."~.h"'="';''''l~_.&,,f;_ -"~-- ,_l '.w ."",..,..,.11 U' .......,~ '",- - -'- .- ~. , "",,.~,j>;,,.;.;,..t,{j. SHERIFF'S RETURN - REGULAR CASE NO: 2001-06389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS YANICH NICHOLAS ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARTE RACHAEL E the DEFENDANT , at 1035:00 HOURS, on the 14th day of November, 2001 8lt 6204 EDGEWARE ROAD MECHANICSBURG, PA 17055 by handing to RACHAEL MARTE 8l 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 Service Aff idavi t Surcharge So Answers: 6.00 8.45 .00 10.00 .00 24.45 r~~~~ R. Thomas Kline 11/28/2001 COMROE & HING c0- me this 30- day of Sworn and Subscribed to before By: ~ .2MJ1 A.D. ~a~iH othonotary _.~ ~ LI,~_L- " ~ .oJ . ~~-- ...:....""~ ~I ." " '-" -" ";.....' ; - . ~ ' 1M&l;,t{6;~i~,""1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-06389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CORPORATION VS YANICH NICHOLAS ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YANICH JALORMA M the DEFENDANT , at 1035:00 HOURS, on the 14th day of November, 2001 at 6204 EDGEWARE ROAD MECHANICSBURG, PA 17055 by handing to RACHAEL MARTE, MOTHER 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~~J<~ R. Thomas Kline 11/28/2001 COMROE & HING me this 30~ day of Sworn and Subscribed to before By: ~ ,:Mrv( A.D. ~(2 I"Md~'7)~ Prothonotary IIIll _illII!iI"" 1lliIlIIIII- ~~ ~ '- .-..)' '. '"'" ". ,', iM!! ~itlilll-",'1,~'" @ffitt of tfrc ~4eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistaut Chief Deputy Dauphin County Harrishurg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of PennsyIv3lIlia County of Dauphin CONSECO FINANCE CORP FORMERLY KNOWN AS vs Sheriff's Return YANICH NICHOLAS No. 3288-T - -2001 OTHER COUNTY NO. 01-6389 AND NOW:Novernber 23, 2001 at 10:48AM served the within COMPLAINT IN MORTGAGE FORECLOSURE YANICH NICHOLAS to HIM of the original upon by personally handing 1 true attested copy(ies) COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 217 WOODBINE ST. APT. #1 HBG, PA 00000-0000 Sworn and subscribed to efore me this 23RD day ~,\OVEMBER' 2001 ~ ~. l f)GAMu0 '- I PROTHONOTARY J7U ::"~;;:i:?U~ Deputy Sheriff Sheriff's Costs: $25.50 PD 11/21/2001 RCPT NO 156935 PRYOR c.~""~. .".~~ " ~-WI - --" =" ~ """"lIli' ,,;, ~~-~, .~ -,;;,,,";';;-"'J_oJ~"" 0-''<1':':':'$, Jp The Court of Common Pleas of Cumberland County, Pennsylvania Conseco Finance Corporation VS. Nicholas Yanich et al SERVE: same No. 01 6389 civil Now, November.15, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ..-",-,/ /~. .~~~ --1 _.t'a:::;.,....p , Sheriff ofCurnberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 20 '- COSTS SERVICE MILEAGE AFFIDA VIT $ $ - " -..--......... - ./.n ,,1' -. -, . ./ .' STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler X,______________________________________________________________________________Recorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ________________ Conseco Finance Serv Corp ___________________________.________________________________________________________ ~ the grantee 5th the same having been sold to said grantee on the __n___________________________________________ day of , June . 2002 ... ____________n__________________________ A. D., : _____, under and by vIrtue or a wnt______________ Execution . 20th _______________________________ _______ ________ _ _ ISSued OIl the ___________ __ _____ ____ ______ __ _______ 02 ----_, out or the Court or Cornman Pleas of said County'as or 01 Feb clay of __________________________ A. D., Civil ---------------------_____._._...__ ________ ____n_ _________ _______ ____ ________ ____ _ Term, : , 6389. Conseco Fin Corp fka Green Tree C D C ~~ber______________,atthesultor------------------------_______________________________________ Nicholas Yanich Jalorma M Yanich & Rachae1 E ___________________________________agauut____________________________________________________ ~ !630 Marte 252 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. I~ TESTIMONY WHEREOF, I have hereunto ') ,.:::tI::- set my hand and seal or said oEEicc th~ .P-<.v..______ day Deeds __A ~ "' . 0..........,", , ~....-..-_- .~~'~ ',' ,-..C '~-';;-~ILti~';~;~; Conseco Finance Corporation fi'k/a Green Tree Consumer Discount Company VS Nicholas Yanich, JalormaM. Yanich And Rachael E. Marte In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6389 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for terre tenants located at 3128-3130 Spring Road, Carlisle, Cumberland County, Pennsylvania, but was unable to locate them in his bailiwick. Address at 3128-3130 Spring Road, Carlisle, Pennsylvania is vacant. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2002 at 2:37 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description upon one of the within named defendants, to wit: Jalorma M. Yanich, by making known unto Rachael E. Marte, mother of defendant, at 6204 Edgeware Road, Mechanicsburg, Pennsylvania its contents .and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 14,2002 at 2:37 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description upon one ofthe within named defendants, to wit: Rachael E. Marte, by making known unto Rachael E. Marte personally, at 6204 Edgeware Road, Mechanicsburg, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R.Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas Yanich, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now, March 21,2002 at 4:21 pm served the within Real Estate Writ, Notice & Description upon Nicholas Yanich by personally handing to him one true attested copy of the original Real Estate Writ Notice and Description and making known to him the contents thereof at 217 Woodbine Street, Apt. #1, Harrisburg, PA 17110. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 9:30 o'clock A.M., E.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte located at 3128- 3130 Spring Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nicholas Yanich, by regular mail to his last known address of 217 Woodbine Street, Apt. #1, Harrisburg, PA 17110. This letter was mailed under the date of April 11 , 2002 and never returned to the Sheriff s Office. ""....".,u~,~"~"'''' '. i .~ ............-. tJ..:... ~""'''' It" .~~ ~ ," (1!.IilliiI ''i;ti!'l~~.' .' I L~ ';'~': ',,:W R Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to one of the within named defendants to wit: J alorma M. Yanich, by regular mail to her last known address of 6204 Edgeware Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Rachel E. Marte, by regular mail to her last known address of 6204 Edgeware Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of $1.00 to Attorney David Comroe for Conseco Finance Servicing Corp. It being the highest bid and best price received for the same, Conseco Finance Servicing Corp of 7360 Kyrene Road, Tempe, AZ 85283, being the buyer in this execution, paid SheriffR Thomas Kline the sum of$666.81, it being costs. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out Of County Dauphin County $30.00 13.07 15.00 15.00 30.00 10.00 .50 1.00 14.49 4.50 15.00 40.00 9.00 29.25 _. '~~~-~~".ii..:..""...1 " . ~"" -- Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 204.95 155.35 25.20 25.00 29.50 $666.81d by attorney 06/19/2002 " " . ~.' . '-ilZ....Jdi~h:- Sworn and subscribed to before me So Answers: This /,If: daYOfQ,p., r~#~ q 0 - R..Jhomas Klme, Shenf..f 2002,A.D._1-<JI.!-'- .~,~ rollionotary r~_ BY\ /i Real Esta eputy ~.~ 30 ,u~ I )v . c:.h.- 3100f d2c.v. J:1 7 d ;J:L- M a~."".,..'~ -. "'..~.~ ~""'.. J ~ 'N';'~,g,k ~ 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 Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants ............................................................. . ............................................................. . AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Corporation, formerly known as 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 3128-3130 Spring Road, Carlisle, PA 17013: 1. Name and address of Owners or Reputed Owners: Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 3128-3130 Spring Road 1 - = ." ~w,I..-i.~ -- -. , > ~~ ~ :,.,;1. "-'-"'~ , 'r.' "f_' <-- ~~"""'"~': Carlisle, PA 17013 Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Date Service Code Nicholas Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Rachael E. Marte 1 3128-3130 Spring Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: I 4. Na.me and address mortgage of record: I Date I Service Code of the last recorded holder of every Date Service Code Source One Mortgage Corporation 2/n/OZ 3, 27555 Farmington Road Farmington Hills, MI 48334-3357 Beneficial Mortgage Corporation z(t'2-f()2- 3 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 National Central Bank 2/ VL/ VJ- J 222 Market St. Harrisburg, PA 17108 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: 2 -"'"" ' ~""", . ".I,~,. . ,J ,--, ,~'"' '~""""&:;~dlSi, I~ I 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. Date Service Code Commonwealth of Pennsylvania z{r2-(62- 3 Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania 2/ J-4<J2 3 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Family Court v(!?- / 02- 3 Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (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: Z)/~ ~ Plaintiff -,- 3 _jijIIJI!IiIlllilO 1iIlIIIlIIilIi"~ .-' , . ..~I ~, __' oJ.. .ilLM~,<;;~a,;l., Comroe Bing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Term No. 01-6389 CIVIL Nicholas Yanich 3128-3130 Spring Road carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road carlisle, PA 17013 Defendants ............................................................. . ............................................................. . AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO FA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Finance Corporation, formerly known as 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 3128-3130 Spring Road, 4 -~ iIWtiIi~ .....~- _ '~ d" ...J ~. -, ^,', ~- -- ' ~- . --~~w;,"h Carlisle, PA 17013 to be sold at Sheriff's Sale on June 5, 2002. As required by PA R. C. P. 3129.2 (a) Notice of Sale has been given in the manner required by PA R.C.P. 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: February 12, 2002 ~tV"'d;V Attorney for Plaintiff 5 '" m..__ ~ ,~ IIlililIltii "_....0.' _,.~ , J, ".-,. > "B"'._' \'-,(i"~, .:.'""-~, .111i~[]iiW{!~~~' LAW OFFICES COMROE BING LLP SUITE 300 1 608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DAVID B. COMROE GLENN F, !lING ROBERT 1. WlLSON BLAIR KALISH ADLER Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Ja10rma M. Yanich and Rachae1 E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. 'This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and against County. The name of the owners, real owners 'and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than _thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the-Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb _,~~'Jr"_ n'~~ .-.~ J " " ~ ...............",=_. ,I; , , ~ ~-~- .'"" ~':'~ --, '. iM-.[:$_~'!'iih,,~~-, LAW oFFICES COMROE HING LLP SUITE 300 1608 WALNUr STREET PHlLADELPHIA,PA ]9103.3914 (215) 568.0400 FAX NUMBER (2]5) 568.5560 www.comroehing.com DAVID B. COMROE GLENN F, HlNG ROBERT J. wrLSON BLAIR KAL]SH ADLER Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA .17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, 'a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after ,the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. ~~ .. . .., . . .,( , Dav .' e, ~qu' e DBC/jb ~ ... _liiiiII~ -. L.~- - I .;;.,;"__,,,,'_h_ '<0 ""iL.u'~"t"j,,_, LAW OFFICES COMROE HING LLP SUITE 300 1608 W ALNlIT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DAVID B. COMROE GLENN F HING ROBERT 1. WILSON . BLAIR KALISH ADLER Family Court Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 . NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square , Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and ag<3.inst County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said. sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. , Davl '<,~ DBC/jb ~"'1hllt~ " - "'., ~~" ~'" ",-. >_','c '!, .iii_~~-;;i"";,;,i< LAW OFFICES COMROE RING LLP SUITE 300 I 608 WALNUT STREET PHILADELPHIA. PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER Source One Mortgage Corporation 27555 Farmington Road Farmington Hills, MI 48334~3357 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb - "''''''~ -"- .....- I.~, ".'~",j-" DA VlD B. COMROE GLENNF. HING ROBERT J. WlLSON BLAIR KALISH ADLER Beneficial Mortgage Corporation 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 LAW OFI'ICES COMROE RING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 F.AX NUMBER (215) 568-5560 www.comroehing.com February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is pursuant to a Judgment entered in favor of Plaintiff Defendants in the Court of Common Pleas of CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale,and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after thf! date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. ~ru~y Dav~ Comroe, DBC/jb ., ~ ", , . "'" ,~"~ 'iii" ,., L '."_ti-.,.lMiL~'"i'~ DAVID B. COMROE GLENN F, BING ROBERT J. WILSON BLAIR KALISH ADLER National Central Bank 222 Market St. Harrisburg, PA 17108 LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing.com February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is Plaintiff CUMBERLAND being sold and against County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb ,,' U.S, POSTAL SERVICE CERTIFICATE OF MAILING en iiS: c -n 0 " MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT 0 0 0 ~~ ~ PROVIDE FOR INSURANCE_POSTMASTER 3 0 0 ~ 0 -'" .. ~ .' <' Om 0 m, OJ 0 0 ~c ~ J-tt'Y1 n ~~ " '" ~ . 'd n~ O~ > 6 rn ;/J.../J e 0 .. ::t: 03 Z "0 ~ .'" ""to 0 H siP z-n (Jl en t' H a. t'" "'0 m Iboq uti ;;: to Hn t'" 5' r; 0 !::n:;g ~ n eno ><: . to "0 - 0 t'"e:: < to "0 n -ph,' A- to"" n 3 t'" ::t: z;: m t\... (q I tJ3 to <: . >'l 0 ~ 'd H ~rn '" en ::t: e:: . ::t: Z ,-< to 'dO "" " ..- ;;- H " On ooejVfP!/;~il7"tf~ tIt:f ><: :<>-e:: >'l . :<>- "',,(") en 0 t' -<zm ~ .....to 0 ;:0 :J:J . t'" -.J " 'd 'd 6;z~ H Oen ~ :>- -<-<- z,-Z;z.- ma&r 5t n ..... mm "T1 ::t: we:: ",,- z(") J-I/fTUZ/5 hr'-7 pJJ- 17!t:f~ -... 1:<>- ,,~ "" t;[:l :j~ ~ CXJ l?m H -.J ~o CERTIFICATE OF MAILING to ;:"T1 v,s. POSTAL SERVICE ~ ~S MAY BE USEe FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT " ;,~ PAOVIDE FOR INSURANCE POSTMASTER 0- Received From: mr- "'12 COMROE RING LLP ~G) PHILADELPHIA, PA 19103 ~W~4-",,,~,~"1 '~.~- ~. .. '-'-'-, ~- " en ..;: c -n 0 " Ell>-. 0 0 . <-< Y-' . n 3 ~ . -'" .. .' <' ~m g 0 OJ 0 " ~c -< '" ,-, 5:::<' . '1:l n~ o~ }> n .. ::t:' 03 "0 ~ .'" 0 ""0 Q H ;,::~ Z" (fl Z "". " ~ "" ",0 '" ;;: en H , 0 c::n ~ ~ to en to ~ to "0 - n too < to "0 n z;: m 0 e::~ 3 t'" ::t: ~~ '" "" ~ 'd H '" <: ~::! to " N . ::t: Z (I:l . '" " On " H " . -.J " :<>- "',,(") 'd'" 0 t' -<zm ><: :<>- 0 ;:0 :J:J . t'" ~ " ~z .-..4 15: '1:l '1:l ..... :<>- -<-<- H -.J "'m "T1 ",,- ~ ..... z(") 0 ,,~ -. '" :j~ "" l?m ~ ~O ;:-n t'1 FS '-'" o~ 0- ml"" "'- z2 gGl jI3~\fisOd 's.n ,.~ '. - S "0 - ::== L :: ... ... , 4. ., . I~~ ~ -, ~, -.~ ~I;'l~b,d;;",,-">I" """......-. ~~~ f~~ One piece of ordinary mail addressed to: BENEFICIAL MORTGAGE ROUTE 22 BREWSTER, NY 10509 (CONSEr.O VS. YANirC"JAMH'\ U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ,Received From: 1608 WALNUT STREET, One piece of ordinary mail addressed to: SOURCE ONE MORTGAGE (CON91'CQ 17" VANTr>\!TAMTE) Received From: U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USEe FOR DOMESTIC AND INTERNATIONAL MAil, Does NOT PROVIDE FOR INSURANCE POSTMASTER 1] COllROE HING LLf 1608 WALNUT STREET, SUI PHILADELPHIA, PA 910 One piece of ordinary mail addressed to: COMMONWEALTH OF PENNSY P.O. BOX 320 CARLISLE, PA 17013 (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar, 1989 . ~ ;,;" ., ..,~.,,~~,-~ ~. -- ,~ , . . ~,I '0"-'. '~.. 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 Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants ............................................................ . ............................................................ . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO:Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Your property at 3128-3130 Spring Road, Carlisle, PA 17013 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $317,759.42 obtained by Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company against you. --"'-'-~~' ~.- , ~;;;;J!"J,;ci~_~, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to 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 you contact the sale. attorney) . need an attorney one, the greater (See notice below to assert your rights. The sooner chance you will have of stopping to find out how to obtain an 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 Sheriff of Cumberland at (717) 240-6930. 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 Sheriff the full amount happened, you may call 6930. go through only if the buyer pays the due in the sale. To find out if this has the Sheriff of Cumberland at (717) 240- 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. 2 -"""". r~ ..." ......."""'lIIIlI "~'~- " > ~..J, ~'lI,.1 'ill' -- 'J"'if"-,i;iri1""l'B-<lle.",A, 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 wi th this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff wi thin 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. 3 ~ - _.........~ I' ......... .. ",.,' .' = -'-,~ ~ ~~k'~1 . " ' " .. - " '-,"--'--' ... ::..;.X..;,;',..~"'.:;;<..:;..-.:-,. ..;~, ,..'. :'. ... ' '- ',.,..: ,'.' , ,... ,', '"'0,,,-.', ',."'-', " , .' ,n, .".:.~~;:;' .;C;..;';':'';. :",:"-;: :,' , ., -... ~ '!i' ,,-.-.,~. ....;..".. f,..' DESCRIPTION ALL THAT CERTAIN lot of ground simate in Middlcsex Township, Cumberland COUnty, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in. linc of a lane or allcy; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison BrownsweIl; thence Eastwardly along land now or formerly of Harrison BrownsweIl 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a poinr, rhe place of Beginning. TAX PARCEL #21-13-0968-022 . i ~ r i _..~ .' _".~~' ..,~""".......,,,~...I~~J ~ -~ ..-.' ",,",Iw "' , -~ c~" .;,~ ~rri.iMbliJ!h\.",j(il,jf,1L ~.""'."''''O~'~'..'''~-7' '.., , " .--", ,. ..., . ..,.,...-.." ,;,:"~-;-,;,.",,;...,!,.....,, ' .~._..' , . " .' -:.,_L',.:.;-':-.,'_::,..,:-. ......"....,,'.,.-, ',- . 'OW '~."'.~_"':""".~_.w ',' . .,:.,-":;:.:,' , " , , . " " ,"_,..,',....~'.__u' .'.. ,'" ...... ...., .', ~ DESCRIPTION ALL THAT CERTAIN lot of ground simate in Middlesex Township, Cumberland COUnty, Pennsylvania, bounded and described as follows: . BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at COrner of land now or formerly of Harrison Brownswel!; thence Eastwardly along land now or formerly of Harrison B.rownswell 813 feet to a point in the center' . of the said road; thence along the center of said Toad 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 ~ if' r ~~;;-''',.,.;;'',''''"..''''''''''''...-_-~.%~.'.-~~ .~- """'--'4<-<L,W(,,"""""'......... ~ .~'" ~ - '" -,I " ~ ~'~ _ ~....,~~ ' . ~=Io' .l:ll1;,;i ~.--i1:l"';__~.,i;;~8-,i;"""j WRIT OR EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6389 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CORPORATION, FORMERLY KNOWN AS GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From NICHOLAS YANICH, JALORMA M. YANICH, AND RACHAEL E. MARTE, 3128-3130 SPRING ROAD, CARLISLE, PA 17013 (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 attaclunent 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) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $317,759.42 L.L. $.50 Interest FROM 2/12/02 TO 6/5/02 @9.99% $7,131.57 Atty's Comrn % Due Prothy $1.00 Atty Paid $174.95 Other Costs Plaintiff Paid Date: FEBRlJARY 20, 2002 CURTIS R. LONG Prothonotary, Civil Division ~~/"A~ [? 7f~~.rj)~ REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: 1608 WALNUT STREET, SmTE 300 PIDLADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ill No. 25694 ~"',,;"',J;,, " ""'_;'.'''_;;~~"",,:i',~,:t~tU~t-,~~;:;,,*,,trJ-''~~I11jjj,I'lli;'>:''~j~~f~",;;-",~I;i(~~~'0-"~.:JL'_' ~r. JJJ " '''''.......,I.IIII!IIII..!)IilIIIIIlif.1_ ~, <, REAL ESTATE SALE No 28 On March 8, 2002 the sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, P A, known and numbered as 3128-3130 Spring Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2002 By: Joo6..[ JWli:t:h Real Estate Deputy 6-) t:;ii] ~ ~ liiiiI li' }, ti - j I i'{ , I 1 ' (', j f;,,1 '-1 n";n ,/..) '" ,'I cd 7,~' i ,1-/ I}, ,[ frD II ZZ 83j Al.JLII%{;" . .:JJ:iJilm::;,~:'c ,,: ',' . '- '..:H;t1:0 - "" ..,'i.. ".8,],'",I:JijJ1J ,.L~JmL~." L._ ,~"'"..~~_".=o ^" "_M' ,,_~ ~I"_^,".. /' l THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controiler 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~ Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectiveiy, and ail have been continuously published ever since: That the printed notice or pUblication which is secureiy attached hereto is exactiy as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interes1ed in the subject matter of said printed notice or advertising, and that ail of the ailegations of this statement as to the time, piace and character of pUblication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaily by the s1ockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #28 om 0 an su scn e ota arSea Terry L Russ~ll, Notary Pubtlc Hanisburg, Dauphin County My Commission Expires June 6. 2002 Member, Pennsytvania Association 01 Notaries My commission expires June 6, 2002 ~~J:.I~t.~~- - """'~,~" Cll1IlTenp ~.:.:..'" --WnsectrFtnance cOrp., ~ WalGreenTreeConsumer w, , -,~_ Discount Company .vs Nichola Yanlch, Jalorma M. Yanlch and Rachael E, Marte -Any: David Comroe DESCRIPTION , ALL THAT CERTAIN lot of ground situate in Middlesex. _. Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in tbe center of State ffighway ROute No. 34 leading from Carlisle to New Bloomfield, at a corner of iot now or . fonnerly of Robert Blosser; thence We5twardly along-lolOfThe said Blosser 622 feel to an iron pin frt line ora lane or alley, thence along the ,Eastern line of :>aid lane or alley, Northwardly 350 to an iron pin at comer of land now or formerly - Of Harrison Brownslve/l; thence Eastwardly along land now or fonnerly of I., publisher of The Patriot-News and The Sundav Patriot~News, newspapers of general , Harrison Brownswell 813 feet to a point in the 'e receipt of the aforesaid notice and publication costs and certifies that the same have centerof_!be said road; thence along the center of :J .~ .~r-150 feet 10 a point, the place of llF.GINNlNG, 1M eMU!. 721' [UIJ68-Uf2:- CUMBERLAND COUNTY SHERIFFS OFRCE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 153.60 1.75 155.35 Publisher's Receipt for Advertising Cost By"""..""".".."""."m"".""""."..".............,,.. ,....".","" - ----~ - j, , I ~ = - ", ,-"",--.-.:~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe 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, V1Z: APRIL 26, MAY 3, 10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. A / Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOli LOIS E. SNYDER, NoIaly PubI1c CarlIsle Bom, CtJmbertand County My Commission Expims Maich 5, 2005 " <" I MAL _ATE ~ NO. 28 Writ No, 2001-6389 Civil Cansero Finance Corporation. f/k/ a Green Tree Consumer Discount Company VS, Nichola Yanich. Jalorma M. Yanich and Rachael E. Marte Atty.: David Comroe DESCRiPTION ALL TIIAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, PennsylVania. bounded and described as follows: BEGINNING at a point in the cen- ter of State Highway Route No. 34 leading from Carlisle to New Bloomfield. at comer of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or al- ley, Northwardly 350 feet to an iron pin at corner of land now or for - . merly of Harrison Brownswell; thence Eastwardly along land noW or for- merly of Harrison Brownswell 813 feet to a point in the center of the said road: thence along the center of said road 250 feet to a point. the place of Beginning, TAX PARCEL #21-13-0968-022, .L<-. .'. , .i.G,,;,-, ,~ c,'n ;"'C M~,' >l"