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HomeMy WebLinkAbout03-4184Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 and Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Term No. ~ Defendants CIVIL ACTION: FORECLOSURE - COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE~ PA 17013 (717)249~-3166 TO {2OLLECT A DEBT AND IN O TION OBTAINED l gOM YOU AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTR3~ LAS QUEJAS PERESENTADAS, ES ABSOLUTA/MENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. P©R 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 COML~OE RIN~ LLP L608 WALNUT STkEET, SUITE 300 (2L5) (2L5] 568-5560 m ~o~ou~cr you o~ Conseco offices 85282. 2. Plaintiff is Green Tree Consumer Discount Company, f/k/a Finance Consumer Discount Company , with its principal at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ Defendants are Gary R. Daniels and Tammy R. Daniels, with an address as set forth above. 3. On February 23, 2000 Gary R. executed and delivered a Mortgage Daniels and Tammy R. Daniels upon premises hereinafter described to Conseco Finance Consumer Discount Company, now known as Green Tree Consumer Discount Company, which mortgage was recorded in the Department of Record at CUMBERLJ~ND County, Pennsylvania in Mortgage Book 1597, at page 945 on February 28, 2000. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 1853 Holly Drive, Camp Hill, PA 17011 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on March 2, 2003, and as due on the first 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, 3 together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was ONE THOUSAND SIX HUNDRED TWENTY DOLLARS AND 65 CENTS ($1,620.65). 9. The following amounts are therefore due and owing on said Mortgage: (a) (b) 03/02/2003 (c) at (d) (e) Principal Debt Late Charges at $162.06 to 08/21/2003. Interest from 02/02/2003 through $50.99 per diem. Total Escrow Deficit to date. per month from 08/21/2003 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 $143,190.36 $810.30 $0.00 $10,249.33 $0.00 $7,159.52 $335.00 $115.50 $3,441.50 $o.oo $165,301.51 In addition, interest at the rate of $50.99 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 4 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 $165,301.51 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: August 21, 2003 Respectfully submitted, Comroe Hing LLP Supreme Court I.D. 25694 Attorneys for Plaintiff 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 informat~n and belief. 6 CONSECO.. TAMMY DAN[ELS 1853 t£OLL¥ DRIVE CAMP [-{ILL. I'A 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOL-rR HOME FROM FORECLOSURE MAY fi, ~003 This is an official notice that the mortgage on your [rome is in default, and the lender intends to foreclose. Specific infi~rmation about ~be nature of the delhuh is provided in the attached pages. The HOMIEOWNER'S MORTGAGE .,',,SSI'STANCE PROGi~MM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see il' HEMAP can help. you nmst MEET ;,vrrH A CONSUMER CREDIT COUTNSELING AGENCY W['I~II',I 30 DAYS OF TIlE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counsel m L2 Agency. Thc name, address and phone number of t_.cosumer Credit Counseling Agencies serving your County are listed nt the end of''this Notice. [f you have any questions, you may ca the Pennsylvania Housing Finance Agency roll free at 1-800-342-2397. (Persons with m~paired hearing can call (717) 780-1869). This Notice contains important legal inh~rmation, lfyou have any questions, representatives at the Consumer Credit Coun,,ieling Agency may be able to hell> 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 la~O'er. [.A NOTIFICION EN AD JUNTO ES DE SUM:\ [MPORTANCIA, PUES AFECTA SU DEl>ECHO A CONTINUAR VIV[ENDO EN SU ('ASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF1CACION OBTENGA UNA I'R.,kDUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA {PENNSYLVANIA HOUSING FI'NANC'E AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PIIEDES SER EI. EGf'BLE PARA LUg PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSIS'i';~.NCE PROGRAM" EL CUAL PUEDE S/,.LVA R SU CASA DE i.A PERDIDA DE[. DERECHO A REDIMIR SU HiPOTECA. CONSECO~ TO: 'I'AMMY DANhr!I.S i:~53 HOI.LY DRIVE CAMP HILL. PA Mmtgaged Premises: 1853 HOLLY DRIVE CAMP HILL, PA 17011 Loan No.: 69060407 t 6 Social Sccority No.: 202542983 FROM: Conseco Finance Consumer Discuunt Company Itt)3.'IEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME IrRO;vl FORECLOSURE AND HELl' YOU 2, lAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE AC.T OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .... II YOUR DEFAULT ItAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROl., .... [F YOU HAVE A REASONABLE PP, OSPBCT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND .... IF YOU MEET OTI-IER ELIGIBILITY REQLIIREMENy'S ESTABLISHED BY THE t~ENNSYI.\:?..NIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --- IJnder the Act, you are entitled to a temporary stay of tbreclosure on your mortgage tbr thirty (30) days from the date of this Notice. During that time you must an'ange and attend a "l~ce-to~face" meting with one of the consumer credit counseling agencies listed at the end Gl'this Nom;e. THIS MEETING MUST OCCUR \\qTHFN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MOI.ITGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BI'LING 5'OIJR MORTGAGE UP TO DATE. CONSUMEg CREDIT COUNSEL. lNG 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 (31}) days after Ihe date of ibis meeting. '[he names, addresses and telephone numbers of designated consumer credit counse!ing agencies liar the cnnn~ m which the property is located are set forth at the end of' this Notice. It is only necessary to schedule one lace-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for thc reasons set t'orth later m fbi.=. Notice {see lbllowing pages for specific infiwmation about the nature of your default.) If you have h-icd and are unable to resolve this problem wilh the lender, you have the right to apply for /inancial assistance i?orn rfc Hom¢owller's Emergency Mortgage Assistance Program. To do so, you P^GE2 CONSECO, mnst fill out. sign and lile u compiered I Iomeowner's Emergency Assistance Program Application with one of thc designated consumer credit counseling agent2ies listed at the end of this Notice. Only consumer credit counseling agencies h..",ve appli,:ations fur the program and they will assist you in submitting a cumplcte applicatioo to the Pennsylvania Housing Finance Agency. Your application MUST bt2 tiled or posmmrked within thirty O01 days of your face-to-face meeting. YOU MUST FILE YOUR API'LICAT[ON PROMPI'LY. Ir: You FAlL TO DO SO OR IF YOU DO NOT FOI.LOW THE OTHER T1ME PERIODS SITT FORTH FN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOLIR HOMF. IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSIS'fANCE. Wll.l. BE DENIED. AGENCY ACTION --- Available funds for emergency mnrtgage assistance are very limited. They will be disbursed by the Agency umler Ibc eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency i~as s~xty (60) days ~o rnake a decision after it receives your application. During that rune. ~'~o forech)sure prnceetlings will he pursued against you if you have met tile time requirements set furlb above. You will be notified diret2dy by the Pennsylvania Housing Finance Agenay of its decision on your apphcation. NOTE: IF YOU ARE CUI>,.RENTLY PRO'IECTED BY THE FILING OF A PETITION rN BANKRUPTCY. TI[E FOLLOWING PART OF THIS NOTICE IS FOR [NFORMATION PURPOSES ONLY AND SHOUt. D CT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEB~. (If you have filed bankruptcy you can still agply tbr Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAIJ1.T ---* 'fhe MOR-FGAGE debt held by the above lender on your property. located ut: 1853 HOLLY DRIVE CAMP ttlLL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT NIADE MONTHLY MGRTGAGE PAYMENTS for the following months and the tbllowing amounts are now past due: 3/2~03 due $1620.65, 4/2/03 due $1620.65,5/2/03 due $1620.65, due S & dm: . Other charges: Escrow: S Late Charges $3765.62 NSF Fee: S FPINSURPRINC: VT Taxes Advanced: S TOTAL A]~,IOUNTS PAST DUE: $8627.57, B. YOU HAVE FAILED TO 'FAKE TI'IF FOLLOWING ACTION (Do not use if not applicable): [-{OW TO CURE THE DEFAULT --- You may cure the default within THIRTY (30) DAYS of the date nf this nc)lice BY PAYING THE TOTAL AMOLiNT PAST DUE TO THE LENDER, WHICH IS $8627.57, PI.US ANY MORTGAGE PAYMENTS AND [.ATE CHARGES WHICH BECOME DUE DURING THE TI-II/LTV (30) DAY PERIOD. Payments must be made either by cash, cashier's chccl(-, certified check m' money order made payable and sent to: Conseco Finance, 7360 So Kyrene Rd, '_fe~ni~,_AZ_ 85253 {do not send cashL You can cure any other det3,ult by taking the tbllowing action wilhm 'FI-ItRTY (30) DAYS of thc date c,f this letter: (Do not use if not applicable.) CONSECO, IF YOI~ DD NOT ('LIRE TIlE DEFAULT .... If' you do not cure the default within THIRTY (30) DAYS of the da~e of this Notice. thc icndce intends tu exercise its rights to accelerate the mortgage debt. 'Ibis means that the entire outstanding balance of tbi:~ debt will be considered due immediately and you m,~y lose fl~e ch:mca Lo pay the mortgage in mc,mhi.~ iustallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS. the lendt:r also intends to instruct its attorneys to starX legal action to foreclose upon ?)ur mortgaged properly. IF THE MORTGAGE IS FORECLOSED rdl~ON .... ~Che mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender relbrs your case to its attorneys, but you cure the delinquency before the lender begins legal pruceedings against you, yuu will still be required to pay the reasonable attorney's lees actually incurred up to $50.00. Ho;raver, if legal proceedings are started against you, you ,.viii ha;'e to pay all reasonable attorney's tees actually incurred by the lender even if they exceed $50.00. Any attorney's fees '.,.'ill be .added to the amount you owe the lender, which may aisc include other reasonable costs. If you cure the default within the THSR. TY (30) DAY period, you will not be required OTHER LENDER. REMEDIES .... The lender may else sue you personally for the unpaid principal baiar~cu and all other sums due under thc mortgage. RIGHT TO CURE THE DEFAULT PR1OR TO SHERIFF'S SALE .... If you have not cured the default witl',in the THIRTY {303 DAY period and tbrec!osure proceedings have begun, you still have the right to cure the del:suit and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so hy paying the total amount then past due, plus any late or other charges then due, reasonable attorney's tees and ~:c,sts connected with Ibc i'breelosure sale and any other costs connected with the Sheriff's Sale as specified in ,xriting by the lender and by performing ~:ny other requirements under the mortgage. Curing your duthult in the manner sot lbrth in r. his nutice will restore your mortgager to the same position as if .,,,oct had caret' dethuited. EARl. lEST POSSIBLE SHERIFF'S SALE DAFE .... It is estimated that the earliest date that such a Sherifi'"s Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amouut needed to cure the dethult will increase the longer you wait. You may find out at any time exactly what the required payment or action will he by contacting the lender. HO\V TO CONTAC'/' THE LENDER: N;mae of Lender: Conseco Finance Consumer Discount Company Addre:;s: 736(] .% Kyrene Rd, Tempe AZ 85253 Phol'~c Number: 1-800-279-9416 Fax Number: 480/333-6460 Contact Person: Ruth Hemandcz EFFECT OF SI-IERIFF'S SALE ..... \'ca should realize that a SheriWs Sale will end your ownership of the mortgaged property and your right to c~:cupy it. If you continue to live in the property after the Shcrit'i's Sale. a lawsuit tn remove you and yom' l'umishings and other belongings could be started by the lender ut any time. ASSIJMPTION OF MORTG:Ii'~Ii'-cz-'L=¥mt CONSECO,. .... may or X .may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's lbes and costs are paid prior to or at the sale and that the etl~er requircmems of thc mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY 1'0 PAY OFF THE lvIORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER [ ENDING INSTITUTION TO PAY OFF THIS DEBT. .... TO t lAVE THIS DEFAULt' C:URED BY ANY THIRD PARTY ACTFNG ON YOUR BEHALF, .... 'FO HAVE THE MORTGAGE RESTORED TO THE SAME POSITiON AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE TIlE DEFAIJLT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES 1N ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSI.JIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE 1.ENDF. R. .... TO SEEK PROTECTON LIt~qDER 'DIE FEDERAL BANKRUPTCY LAW. CONSECO~ GAR'f DAN[EL 8.:..3 HOI.£.T DP..IVE (.'AMI~ HILL. I'A 17fill ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE MAY 6, '['his is an official noticc that the morlgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the delholt is provided in the attached pages. The HOMEO'~VNER'S MORTGAGE ASStS'r:\NCE PROGRAM (HEMAP) may be able to help to save voter ~.Ollle. '[his Notice explains how thc profftam works. To see il' HEMAP can help, you must MEET WI'Hq A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOI'ICE. 'rake this Notice with you when you meet with the Counsehng Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at Ibc end of ti~is Notice. If you have an5, questions, you may call the Pennsylvania Housing Finance Agency toll flee 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 tu help explain it. You may also want to contact an attorney in your a~'ea. '~c local bar association may be able tn help yoo find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANC1A, PUES AFECTA SU DERECHO A CON'FI~'UAI~ VIVl',CblDO EN SU CASA. S! NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFIC,-\CiON OBTENGA UNA TP, ADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINA2qCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AI,'.RIBA. PIJEDES SER ELEGIB1.E PARA Lh'N PRESTAMO POR EL PROGR.~jvlA LLAMADO "HOMEOWt'IER'S £MERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAI.VAP. :;U CASA DE LA PEP, DIDA DEl. DEP, ECHO A REDIMIR SU H[POTECA. CONSECO~ b'lAY 6, 2003 "FO: (:;AR.'/ DANIEL lg$3 HOLLY DRIVE (:AMP HILL. PA 1701 Mortgaged Premises: 1853 HOLLY DRIVE CAMP lULL, PA 17011 Loan No.: 6906640716 Social Security No.: 221404456 FROM: Conseco Finance Consmner Discount Cmnpany HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOi[,~ '.MAY BE ELIGIBI,E FOR FINANCI.-~,L ASSISTANCE WHICH CAN SAVE YOUR HOME FROM EOREC, LOSURE AND HELP YOU 3lAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF 'I-HE HOMEOV~rNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TI-tE "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. AN D .... If YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANC:E AGENCY. TF. MPORARY STAY OF FORECLOSURE --- Under the Act, you are entit!ed to a temporary stay of tbreclusure on your mortgage i:or thirty (30) days from the date of this Notice. Daring that time you must an'ange and uttenda "f'ace-to-t'ace" meting with one of the cormumer credit counseling agencies listed at the end oi'this Notice. THIS MEETING MUST OCCUR. WITH1N THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF TH!S NOTICE CALLED :'HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW 'ro BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --- If you meet with one of the consumer credit counseling agencies listed at ibc end of this Notice. the lender may NOT take action against you for thirty (30) days after the date of this meeting. ','2lc names, addresses and telephone numbers of designated consumer credit counseling agencies for the crmnty in which the property, is located are set forth at the end of this Notice. It is only necessary to schedule one face-tn-face meeting. Advise your lender immediate [y of your inmntions. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default for the reasons set lln'lh I:!ler i~ this Notice Isee Ihllowing pages for speci tic intbrmation about the nature ofyour default.) If you have tried and are unable to resolve d~is problem with the lender, you have the right to apply for ihmncial a:;ststance l?om ~hc Homeowner's Emergency Mortgage Assistance Pro.am. To do so, you PAGE 2 CONSECO., must fi[] out, sign and lile a comp!ered [.{omcoe, ner's Emergency Assistance Program Application with one of tl~c designated consumer credit counseling agencies listed at the end of this Notice. Only c(msuraer credit counseling agencies bare ap[~lications fi~r the program and they will assist you in subn'firting a compicte aopiicaron to the l'enrtsylvania Housing Finance ;kgency. Your application MUST bc filed or posm~arkcd wiflfin thirty (30) clay:; of your thee-to-bce meeting. YOU MUST F{[..E YOUR APPL. IC:~,TR)N PROMPTLY. Il: YOU FA. IL TO DO SO OR IF YOU DO NOT FOLLO\V Tl-lE OTHER TiME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MA~~ PROCEED ^GAINS'F YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASS{STANCE WILL BE DENIED. AGENCY ACTION .... Available Rinds fhr emergency mortgage assistance are very limited. They will be disborscd by the Agency under the eligibiliLy criteria established by the Act. The Pennsylvania Hou3ing Finance Agency ha~: sixty (60) days to make a decision after it receives your application. Dunng f, lat time. ~',o i'breclosur¢ proceedings will be pursued against you if you have met the time requirements set fi)nb above. You will be notified directly by thc Pennsylvania Housing Finance Agency of its decision on yoar app!icution. NOTE: Il: YOU ARE CURRENTLY PRO'fECTED BY THE FILING OF A PETITION [iq BANKRUPTCV. THE FOLLOWING PART OF THIS NO riCE IS FOR INFORMATION PURPOSES ONLY ANt.-) SHOULD OT BE CONS[DERED AS AN A'IeFEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply fi>r Emergency Morlgage Assistance.) HOW 'FO CURE YDUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE I)EFAI. ILT .... Tbe MORTGAGE debt held by the above lender on your property located at: 1853 HOLLY DRIVE CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU FIAVE NOT MADE MON'fltLY MOP.'FGAGE PAYMENTS for the following months and the tbllowing amounts are now past due: 3/2/03 due $1620.65, 4/2/03 due :$16:10.65. $/2/03 due $1620.65. due $ & due . Other charges: Escrow: S Late Charges $3765.62 NSF Fee: $ FPINSURPRINC: FT Taxes Advanced: $ TOTAL AMOUNTS PAST DUE: $8627.57. B. YOU HAVE FAILED TO 'FA KE THE FOLI.OWING ACTION (Do not use if not applicable): H'OW TO C'UP, E THE DEFAULT .... You may cure the defimlt within THIRTY (30) DAYS of the date of this notice 13¥ PAYING THE TOTAL AMOIJN-F PAST DUE TO THE LENDER, WHICH [S $8627.57, PLUS ANY MORTGAGE PAY3,IENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments roost be made either by cash, cashier's check, certified check or money order made payable and sent to: Consenn Finance, 7360 So Kyrene Rd. Tempe. AZ 85253 (do not send cash). Yoo c:.in gl. IFc any other dePault by taking the following action within THIRTY (30) DAYS of lite date of this letter: (Do not use if not applicable.) CONSECO~ IF YOU DO NOT CURE TI.'IE DEFAULT ..... IF you do not cure the default within THIRTY (30) D?.~'S c,f tile dare of this Notice. the lender intends m exercise its rights to accelerate the mortgage debt. [his means dmt the ¢nlire uurstaodin~ balance of tlais debt will be considered due immediately and you may lose the cimnce to pay the mortgage in monthly mstallmems. If full payment of the total amount past due is not made within THIRTY (30} DAYS, the leander also intends to instmcl its aRomeys to sta~ legal {F THE MORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff to pay' off the mortgage debt. If the lender ret'ers your case to its attorneys, but you cure rhe delinquency belbre the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's fcc.$ actually mcutTed tip to S50.00 Itowever, if legal proceedings are started against you: you ,,,,'ill have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $.50.00. Any attc, me?s Ibes will bc added {o d'~e amoun~ yau owe the lender~ which may also include other rcaslmuhle coses. If you cure thc defaott w{tl'mx ~i~e YH'IRTY {30) DAY period, you will not be required hz, pay' aftorncy's [~¢s. OTHER LENDER REMEDIES -~- The [en¢lcr may :dso sue you personally for the unpaid principal balance and all other sums due under th,-' mortgage. R. IGHT TO CLIRE THE DEFAULT PRIOR l'O SHERIFF'S SALE .... If you have not cured thc default within the THIR fY (30) I)AY period and tbreclosure proceedings have begun, you still have the right to cure the deihtdt and prevent the saIe at all.,,, tin'~e up to one hour before the Sheriff's Sale. You may do so b): paying the total ~mount then past due, phis any late or other charges then due, reasonable attorney's foes and costs connected with the ~'~:,reclosure sale and any other costs connected with the Sheriff's Sale as specified in wridng by' the lender and b)' perlbrming any other requirements under the mortgage. Curing ?'our deltmh in d~e manner set Ibrth hi this notice ,,'.'ill restore your mortgager to the same position as if you had never dcthuhed. EARLIEST POSSIBLE SHEP..IFF'S S,&LE DATE .... It is estimated that the earliest date that suer a Sheriff's Sale of d'~e mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the SBeriff"s Sale will be sent to you before the sale. Of course, the amount needed to cure the default ','.'ill increase the longer you wait. You may find out at any time exactly *¥hat thc required payment or action will be by conlacting the lender. HOW TO CONTAC'F THE LENDER: Name of Lender: Conseco Finance (:onsumcr Disctmnt Company Address: 7300 So Kyrene Rd. Tempe AZ 85253 Phone Number: 1-800-279-9416 Fax Nornl'~cr: 480/333-6460 Contact Person: Ruth Hernaodez EFFECT OF SHERIFF'S SALE .... You should reaiize that a Sheriff's Sale will end your ownership of ~hc mortgaged property and your right to occupy it. If you continue to live in the property, after the SherifFs Sale, a tawsuit to remove you and your faruishings and other belongings conld be started by the CONSECO, ASSUMPTION £ F MOP, TG.~'~F.' t-c::~-Th%u .... may or X may not (CHECK ONE) sell or transfer your home to a buye? or rransti:ree who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's feea and costa are paid prior to or at the sale and that the other requirements of tl:e mortgage are sutisfied. YOU MA.Y ALSO HAVE TIfE R.[GltT: .... TO SELL TH E I'ROPER'I%~ TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONL:Y FRONt ANOTI'!ER LENDING INSTITUTION 'FO PAY OFF THIS DEBT. .... TO HAXff/THIS DEFAULT CURED BY ANY THIRD PA~RTY ACTING ON YOUR BEFL~.LF. .... 'FO HAVE TI-tE MORTGAGE RESTORED TO THE SAME POSIT1ON AS IF NO DEFAULT HAD OCCURRED. IF YOU CUILE THE DEFAULT, {HOWEVER, YOU DO NOT HAVE THIS RIGIIT TO CURE YOUR DF. FAULT MORE Tt{AN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NON[LXISTENCE OF A DEFAULT IN .a..Ny FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION 13Y TH E LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. PAGE 5 SHERIFF'S RETURN CASE NO: 2003-04184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOLrNT VS DANIELS GARY R ET AL - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT DANIELS GARY R DEFENDANT , at 1925:00 at 1853 HOLLY DRIVE CAMP HILL, PA 17011 GARY DANIELS a true and attested copy of - MORT FORE HOURS, on the was served upon the 8th day of September, by handing to COMPLAINT - MORT FORE together with law, 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this /?~ day of ~ ~P-6wx3 A.D. ~ tProthonotary , , . So Answers: R. Thomas Kline 09/09/2003 COMROE HING ~ By: D~~emu/y~ f SHERIFF'S RETURN - REGULAR CASE NO: 2003-04184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAiqIELS GARY R ET AL RICHARD SMITH , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of September, by handing to true and attested copy of COMPLAINT - MORT FORE together with says, the within COMPLAINT - MORT FORE DANIELS TAMMY R DEFENDANT , at 1925:00 HOURS, on the at 1853 HOLLY DRIVE CAMP HILL, PA 17011 GARY DANIELS, HUSBAND a 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /?~ day of ~,~,~ ~ A.D. So Answers: R. Thomas Kline 09/09/2003 iNG By: ~iff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tan~ly R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $173,301.63 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt $143,190.36 (b) Late Charges at $162.06 per month from $1,620.60 03/02/2003 to 01/09/2004. $0.00 PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Term No. 03-4184 Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 1853 Holly Drive, Camp Hill Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $173,301.63 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt (b} Late Charges at $162.06 per month 03/02/2003 to 01/09/2004. from $143,190.36 $1,620.60 $0.00 (c) Interest from 02/02/2003 through 01/09/2004 at $50.99 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as iR the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges {h) Uncollected Late Charge(s} {i) Escrow Credit TOTAL AMOUNT DUE DATED: January 9, 2004 Pro Prothonotary $17,439.15 $0.00 $7,159.52 $335.00 $115.50 $3,441.50 $0.00 $173,301.63 Respectfully submitted, C~ng LLP BY:Da-~,~d B.~omroe, Esquire Attorney f~ .... , 20 2 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road Tempe, AZ 85282 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Defendants ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: IMPORTANT NOTICE ACTION OF FORECLOSURE Term NO. 03-4184 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Ave, Carlisle, PA 17103 (717)249-3166 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVERERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Ave, Carlisle, PA 17103 (717)249-3166 DATE OF SERVICE: October 1, 2003 !S A PROCESS THE PURPOSE OF wmeH COLL.-CT A Dm T AND ASY , OBT -, OM Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road HSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term Ne. 03-4184 Defendants CERTIFICATION David 8. 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. Sworn to and sub, scribed before me this ,/0~ day of(~.. , 2004. Notary Public / UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Gary R. Daniels Ta~ny R. Daniels Bankruptcy No.: 1-03-05982-MDF Chapter 7 Debtors Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Movant vs. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 and Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 and Lawrence G. Frank, Esq. Interim Trustee 2023 North Second St. Harrisburg, PA 17102 Respondents AND NOW, this this ORDER ~ day of ~[O~[~, 2003, at Harrisburg, upon failure o.f Debtor to file an Answer or otherwise plead, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Sec. 362 of the Bankruptcy Reform Act of 1978 (The Code) 11 U.S.C. 362, 4 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Atterney fer Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 pi~ainti~ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW is modified to allow the above Movant, its successors, assigns and servicing agents to proceed with the execution process through, among other remedies but not limited to, Sheriff's Sale regarding premises: 1853 Holly Drive, Camp Hill, PA, 17011. It is fu~thcr ©~ered the~ tho ton (!0) day ~a~ uf ~tiun ~ previdc~ in Bankruptcy Rul= of P~o~edure 4001(=) (3) is w~v~ INTERESTED PARTIES: DAVID B. COMROE, ESQUIRE Comroe Hing LLP Ste. 300, 1608 Walnut Street Philadelphia, PA 19103-3914 Lawrence G. Frank, Esq. Interim Trustee 2023 North Second St. Harrisburg, PA 17102 Steven P. Miner, Esq. Metzger, Wickersham, Knauss & Erb 3211N. Front St. PO Box 5300 Harrisburg, PA 17110 Gary R. Daniels 1853 Holly Drive Camp Hill PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill PA 17011 BY THE COURT: t~ MARY D. FRANCE Mary D. France 8ankr~nptcy J,i~ge 5 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Term No. 03-4184 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 October 1, 2003. David B. Comroe, Esquire Attorney for Plaintiff SWORN TO AND SUBSQ~IBED before me this ? , 2oo4. ~otary ?u~li~ NOTAR~AE SEA[ THERESA A KiESEL No~y Public C~ly of Philade~t~la Ph a County ~ Commission Expires Augus~ 15 2006 STATE OF GARY R. DANIELS & TAMMY R. DANIELS oath deposes servicer 2. , beL~q flrsu duly s~urn un and says: That I az~ employed by the Plaintiff herein as of the mortgaqe. That the captioned individual(s) are Tile o~ners cf Lo.e premises described in the mortqaqe ur deed of nrusu. 3. That the collection procedures of t_he Plaintiff are designed to discover facts conGerning the ti~leholder's occupations and militaz-y status. 4. That said procedures were fclI~wed the cu2crent delinquency. 5. That, on information and belief, t_hat titleholders are not mi!italy se~¢ice incompetent or in corE%ecg/on with captioned in any br~nch of ~he S~-ern to amd so, sobbed before me tl, is~~,~ da_v if .. (. ~.~ , 2 0 0_4 ~/~{~ [ 1HERESA A KIESEL, Not~y Pub~c [ ~ Ciiy oT Phil~elph~a, Phila Cour, ty ~ ~ My Commission Exp~resAugusi 15 2005 ~ PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road HSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Term No. 03-4184 Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 1853 Holly Drive, Camp Hill, PA, 17011 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $173,301.63 Interest from $ 9,191.25 DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows according to the Plan of Cedar Village as recorded in Plan Book 7, Page 26, to wit: BEGINNING at the point of intersection of the line of the northern edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North 11 degrees 06 minutes West by the said line of adjoiner for a distance of 120 feet to a point at the southwest corner of Lot No. 8; thence North 78 degrees 54 minutes East by the southern line of Lot No. 8 for a distance of 80 feet to a point at the northwest corner of Lot No. 20; thence South 11 degrees 06 minutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive; thence South 78 degrees 54 minutes West by the northern line of Holly Drive for a distance of 80 feet to the point and place of beginning. BEING Lot No. 19, Block "B" and improved with a brick ranch dwelling with attached carport known s 1853 Holly Drive, Cedar Village, Camp Hill, Pennsylvania. Tax Parcel #13-23-0547-411 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4184 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, F/K/A CONSECO FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From GARY R. DANIELS AND TAMMY R. DANIELS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $173,301.63 Interest $9,191.25 Atty's Corem % Atty Paid $135.66 Plaintiff Paid Date: JANUARY 27, 2004 (Seal) REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot~ ~7~.~ Deputy Certificate To The Sheriff Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Defendants C.P. (Circle One) Term No. 03 4184 I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an action: A. In Assumpsit (Contract) B. In Trespass (Accident) C. In Mortgage Foreclosure D. On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendants own the property being exposed to sale as: A. An individual x B. Tenants by Entireties C. Joint tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendants are: x A. Resident in the CoIm~onwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above not applicable, which Defendants are residents of the Commonwealth of Pennsylvania: state Residents: This certification must be signed by the attorney of record if an appearance has been entered; otherwise certification must be signed by Plaintiff. Name: David B. Comroe, Esquire Phone No.~.~568-0400 Signature: ~/~ Address: 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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 1853 Holly Drive, Camp Hill, PA, 17011: 1. Name and address Gary R. Daniels 1853 Holly Drive Camp Hill PA 17011 of Owners or Reputed Owners: Tammy R. Daniels 1853 Holly Drive Camp Hill PA 17011 2. Name and address of Defendants in the judgment: Gary R. Daniels 1853 Holly Drive Camp Hill PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill PA 17011 Date Service Code 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address mortgage of record: of the last Dat___~e Service Code recorded holder of every Date Service Code 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. IDate IService Code I 2 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 7. Name and address of every other person of whom has knowledge who has any interest in the property affected by the sale. the plaintiff which may be (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Plaintiff Delivery Confirmation Signature Cor firrnation Spedal Handling Restricted Delivery Return Receipt Comroe Hing LLP By: David B. Cemroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tan~y R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gary R. Daniels, Tammy R. Daniels Your property at 1853 Holly Drive, Camp Hill, PA, 17011 in CUMBERLAND County, Pennsylvania is scheduled to be sold at County to enforce the Court Judgment of $173,301.63 obtained by Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFIS 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 to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. {See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If be sold to calling the the Sheriff's Sale is not stopped, your property will the highest bidder. You may find out the bid price by Cumberland County at 717-240-6390. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland County at 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. 3 DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows according to the Plan of Cedar Village as recorded in Plan Book 7, Page 26, to wit: BEGINNING at the point of intersection of the line of the northern edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North 11 degrees 06 minutes West by the said line of adjoiner for a distance of t20 feet to a poim at the southwest comer of Lot No. 8; thence North 78 degrees 54 minutes East by the southern line of Lot No. 8 for a distance of 80 feet to a point at the northwest comer of Lo[ No. 20; thence South 11 degrees 06 minutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive; thence South 78 degrees 54 minutes West l~y the northern line of Holly Drive for a distance of 80 feet to the point and place of beginning. BEING Lot No. 19, Block "B" and improved with a brick ranch dwelling with attached carport known s 1853 Holly Drive, Cedar Village, Camp Hill, Pennsylvania. Tax Parcel #13-23-0547-411 DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows according to the Plan of Cedar Village as recorded in Plan Book 7, Page 26, to wit: BEGINNING at the point of intersection of the line of the northern edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North 11 degrees 06 minutes West by the said line of adjoiner for a distance of 120 feet to a point at the southwest comer of Lot No. 8; thence North 78 degrees 54 minutes East by the southern line of Lot No. 8 for a distance of 80 feet to a point at the northwest comer of Lot No. 20; thence South 11 degrees 06 minutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive; thence South 78 degrees 54 minutes West by the northern line of Holly Drive for a distance of 80 feet to the point and place of beginning. BEING Lot No. 19, Block "B" and improved with a brick ranch dwelling with attached carport known s 1853 Holly Drive, Cedar Village, Camp Hill, Pennsylvania. Tax Parcel//13-23-0547-411 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ? SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Tree C D C is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 27th day of January, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4184, at the suit of Green Tree C D C f/k/a Conseco Fin C D C against Gary R Daniels & Tamm¥ R is duly recorded in Sheriff's Deed Book No. 263, Page 3690 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office thin'day ofi~, A.D. 20 ~. Recorder of Deeds Green Tree Consumer Discount Company f/k/a Conseco Finance Consmner Discount Company VS Gary R. Daniels and Tammy R. Daniels In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4184 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Gary R. Daniels and Tammy R. Daniels, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. YORK COUNTY RETURN: Served the defendants, Gary R. Daniels and Tammy R. Daniels, on March 17, 2004 at 7:40 o'clock P.M., by handing a true copy of the within Real Estate Writ, Notice of Sale and Description to Gary Daniels, personally and husband of Tammy R. Daniels, and making known unto him the contents thereof at 48 Impala Drive, Dillsburg, PA 17019. So answers: William Hose, Sheriff of York County, Pennsylvania. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states tbat on April 16, 2004 at 8:34 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary R. Daniels and Tammy R. Daniels located at 1853 Holly Drive, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Gary R. Daniels and Tammy R. Daniels, by regular mail to their last known address of 48 Impala Drive, Dillsburg, PA 17019. These letters were mailed under the date of April 20, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David Comroe for Green Tree Consumer Discount Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 S. Kyrene Road, Tempe, AZ 85282, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $825.74. Sheriffs Costs: Docketing $30.00 Poundage 16.19 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 55.00 Law Journal 232.85 Patriot News 251.74 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 825.74 Sworn and subscribed to before me So Answers: , R. Thomas Kline, Sheriff 2004, A.D. p~'~tar~ Real Estate ~eputy 40.00 ge_ ~b 9.11, Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 300 Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseca Finance Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-4184 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, Green Tree Consumer Discount Company, f/k/a Conseco Finance 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 1853 Holly Drive, Camp Hill, PA, 17011 to be sold at Sheriff's Sale on As required by PA R.C.P. 3129.2 (a) Notice of Sale has been 4 given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons er parties named at the addresses set forth below en the date and in the manner noted in the margin by the names of each and copies ef eaeh notice together with return receipts or proof ef mailing are attached as Exhibits. The manner ef service, as noted in the margin, utilizes the following codes: 1. Personal Serw[ce by the Sheriff or in accordance Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 with 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: January 9, 2004 Attorney for Plaintiff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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 1853 Holly [)rive, Camp Hill, PA, 17011 1. Name and address of Gary R. Daniels 1853 Holly Drive Camp Hill PA 17011 Owners or Reputed Owners: Tammy R. Daniels 1853 Holly Drive Camp Hill PA 17011 2. Name and address of Defendants in the judgment Gary R. Daniels 1853 Holly Drive Camp Hill PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill PA 17011 Date Service Code 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code Name and address of the mortgage of record: 5. Name and address of every interest in or record lien on may be affected by the sale: last recorded holder of every Date other person who the property and Service Code has any record whose interest Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. IDate IService C°de I 2 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg PA 17105 Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle PA 17013 Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 7. Name and address of every other person of whom has knowledge who has any interest in the property affected by the sale. the plaintiff which may be {attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /p~/D~ ~ '~~ Plaintiff 3 Delivery Cz:~nfi rrnation Signature Cortfi rmation Spedal Handling Restdoted Return RBoeipt Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. Gary R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Tammy R. Daniels 1853 Holly Drive Camp Hill, PA 17011 Term No. 03-4184 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gary R. Daniels, Tar~my R. Daniels Your property at 11853 Holly Drive, Camp Hill, PA, 17011 in CUMBERLAND County, Pennsylvania is scheduled to be sold at County to enforce the Court Judgment of $173,301.63 obtained by Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company against you. NOTICE OF OWNERIS RIGHTS YOU MAY BE ABLB 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 Ring LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland County at 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a righY 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 6. You may be entitled qo a share of the money which was paid for your house. A schedule of distribution ef the money bid for your house will be filed by the Sheriff within thirty (30) days ef the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act irmmediately 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 DES C1LIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows according to the Plan of Cedar' Village as recorded in Plan Book 7, Page 26, to wit: BEGINNING at the point of Lntersection of the line of the northern edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North 11 degrees 06 minutes West by the said line of adjoiner for a distance of 120 feet to a point at the southwest comer of Lot No. 8; thence North 78 degrees 54 minutes East by the southern line of Lot No. 8 for a distance of 80 feet to a point at the northwest comer of Lot No. 20; thence South 11 degrees 06 minutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive; thence South 78 degrees 54 minutes West by the northern line of Holly Drive for a distance of 80 feet to the point and place of begirming. BEING Lot No. 19, Block "B" and improved with a brick ranch dwelling with attached carport known s 1853 Holly Drive, Cedar Village, Camp Hill, Pennsylvania. Tax Parcel #13-23-0547-411 DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows according to the Plan of Cedar' Village as recorded in Plan Book 7, Page 26, to wit: BEGINNING at the point of intersection of the line of the northern edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North i 1 degrees 06 minutes West by the said line of adjoiner for a distance of 120 feet to a point at the southwest comer of Lot No. 8; thence North 78 degrees 54 minutes East by the southern line of Lot No. 8 for a distance of 80 feet to a point at the northwest comer of Lot No. 20; thence South 11 degrees 06 minutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive; thence South 78 degrees 54 minutes West by the northern line of Holly Drive for a distance of 80 feet to the point and place of beginning. BEING Lot No. 19, Block "B" and improved with a brick ranch dwelling with attached carport known s 1853 Holly Drive, Cedar Village, Camp Hill, Pennsylvania. Tax Parcel #13-23-0547-411 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVA~4IA) NO 03-4184 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, F/K/A CONSECO FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From GARY R. DANIELS AND TAMMY R. DANIELS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $173,301.63 Interest $9,191.25 Atty's Corem % Arty Paid $135.66 Plaintiff Paid Date: JANUARY 27, 2004 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon~y Deputy REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 Real Estate Sale #18 On February 27, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1853 Holly Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2004 By: Real EstateCDeputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in thevolumeOffice14,for Pagethe Recording317. of Deeds in and for said County of Dauphin/in .Miscell~0eous Book~"M",i.' PUBLICATION COPY s~'~'i~';~'~ ' d before My oJHorrisburg. D~upnin Courtly ~dJi'¢mmea~~ m.~. aleemml~3e taembe~,penneylv.n,a~.ec,.t~.nolNot'~lesMI comrnission expires June 6, 2006 / --"-f~''' Ye = CUMBERLAND COUNTY SHERIFFS OFFICE ~1~~ CUMBERLAND COUNTY ~R'THOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 251.74 Publishers Receipt for Advertising Cost publisher of The Patrot-News and The Sunday Patriot-News, newspapers of genera ece~pt of the aforesaid notice and publication costs and certifies that the same have B Y .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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 tree. REAL F_~TATE SALE NO. 18 Writ No. 2003-4184 Civil Green Tree Consumer Discount Company f/k/a Conseco Finance Consumer Discount Company Gary R. Daniels and Tommy R. Daniels Arty,: David B. Comroe DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Town- ship, Cumberiand County, Pennsyl. vania, more particularly hounded and described as follows according to the Plan of Cedar Village as corded in Plan Hook 7, Page 26, to wit: BEGINNING at the point of in- tersection of the line of the nor[h- em edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North 11 degrees 06 minutes West by the said line of erie C Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 of land situate in Lower Alien Tovco- ship, Cumberland County, Pennsyl- vania, more parkicularly bounded and described as follows according to the Plan of Cedar Village as re- corded in Plan Book 7, Page 26, to wit: BEGINNING at the point of in- tersection of the line of the north- em edge of Holly Drive and the line of adjoiner between Lots Nos. 18 and 19; thence North i I degrees 05 minutes West by the smd line of adjoiner for a distance of 120 feet to a point at the southwest comer of Lot No. 8; thence North 78 de- grees 54 rmnutes East by the south- em line of LOt No. 8 for a distance of 80 feet to a point at the north- west corner of Lot No. 20: tA~ence South 11 degrees 06 rmnutes East by the western line of Lot No. 20 for a distance of 120 feet to a point on the northern line of Holly Drive: thence South 78 degrees 54 finn- utes West by the northern Bne of I-Iolly Drive for a distance of 80 feet to the point and place of beginning. BEING LOt No. 19, Block "B" and improved with a brick ranch dwell- tag wlth attached carport known as 1853 Holly Drlve. Cedar Village. Camp Hill, Pennsylvania. Tax Parcel #15-25-0547-411.