HomeMy WebLinkAbout03-6533LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
1D# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
GREEN TREE CONSUMER
DISCOUNT COMPANY
7360 SOUTH KYRENE ROAD
TEMPE, AZ 85283
PLAINTIFF
VS.
HARRY B. LAUGHLIN, II
812 YORKVIEW STREET
GRANTHAM, PA 17027
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMPLAINT IN
MORTGAGE FORECLOSURE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defense or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
52 S. Bedford Street
Carlisle, PA 17013
717-249-3166
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO 1N WRITING
WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN
VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, 1F REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT
OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING
YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT
YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT
TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF
THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR
WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT
OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS
(THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE
MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS
IN THIS SUIT.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
GREEN TREE CONSUMER
DISCOUNT COMPANY
7360 SOUTH KYRENE ROAD
TEMPE, AZ 85283
PLAINTIFF
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
HARRY B. LAUGHLIN, II
812 YORKVIEW STREET
GRANTHAM, PA 17027
DEFENDANT
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
Green Tree Consumer Discount Company, (hereinafter referred to as
"Plaintiff") is an Institution, conducting business under the Laws of the
Commonwealth of Pennsylvania with a principal place of business at the
address indicated in the caption hereof.
Harry B. Laughlin, II, (hereinafter referred to as "Defendant") is an adult
individual residing at the address indicated in the caption hereof.
Plaintiff brings this action to foreclose on the mortgage between defendant
and itself as Mortgagee. The Mortgage, dated April 25, 1998, was
recorded on May 1, 1998 in the Office of the Recorder of Deeds in
Cumberland County in Mortgage Book 1450, page 596. A copy of the
Mortgage is attached and made a part hereof as Exhibits 'A'.
The Mortgage secures the indebtedness of a Note executed by Defendant
on April 25, 1998 in the original principal mount of $116,375.00 payable
to Plaintiff in monthly installments with an interest rate of 10.500%. A
copy of the Note is attached and made a part hereof as Exhibit 'B'.
The land subject to the mortgage is
812 Yorkview Street, Grantham, PA 17027. A copy of the Legal
Description is attached as part of the Mortgage as Exhibit 'A' and
incorporated herein.
The Defendant is the record owner of the mortgaged property located at
812 Yorkview Street, Grantham, PA 17027.
The Mortgage is now in default due to the failure of Defendant(s) to make
payments as they become due and owing. As a result of the default, the
following amounts are due:
Principal Balance
Interest to 12/15/2003
Accumulated Late Charges
Deferred Interest
Prepaid LegaI-MFR
IBPO
Property Inspection
Cost of Suit and Title Search
Attorney's Fees
TOTAL
$110,023.85
6,043.37
1,391.50
2,188.98
875.00
129.00
13.50
550.00
1,000.00
$122,215.20
plus interest from 12/16/2003 at $28.69 per day, costs of suit and attorney
fees.
10.
The attorney's fees set forth above are in conformity with the Mortgage
documents and Pennsylvania Law, and will be collected in the event of a
third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to
the Sale, reasonable attorney's fees will be charged.
Pennsylvania law requires that a plaintiff in mortgage foreclosure provide
a defaulting mortgagor with a Notice of Homeowners' Emergency
Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c.
The Notice of Homeowners' Emergency Mortgage Assistance was
required and Plaintiff sent the uniform notice as promulgated by the
Pennsylvania Housing Finance Agency to the Defendant by regular and
certified mail on October 10, 2003. A copy of the Notice is attached and
made a part hereof as Exhibit 'C.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for
the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the
sum of $122,215.20 together with the interest from 12/16/2003 at $28.69 per day, costs of
suit and attorney fees.
Law offices of Gregory Javardian
BY: G~
~'ttomey~,~o. 55669
Attorney~6r Plaintiff
Exhibit "A"
Space Above Th~ Line For Recording Data
~A~ ~ PART~, ~e ~te of ~i~ ~o~g~e (security I~em) is ~p~il 25, 1998
pa~ies, ~eit add.scS ~ ~ identification n~b~, if r~uir~, ~e ~ ~llows:
MORTGAGOR: Marry B. Laughlin, II
[] lf check~, refer to the attached A~enduminco~omt~herein, ~r addifionalMortg~om, ~eirsig~m~s ad
<knowledgmenB.
LENDER: Green Tree Consumer Discount Company
3401 Hartzdale Drive Suite 118
Camp Hill, Pennsylvania 17011
CONVEYANCE. For good and valuable consideration, fie receipt and mfficiency of which is acknowled~l, and to secure
the Secured Debt (defined below) and Mortgagor's performance under this Security Immanent, Mo~gagor grants, bargains,
conveys and mortgag~ m Lender the following described proper~y:
See Exhibit A
PARCEL I.D.% 42-31-2151-184
CUMBERLAlqD
The properB, i~ located in ....................................................................... at ................................................
(County)
............................................................... : ............. ~, ................................ , Pennsylvania 17027
tadarab) (City) (ZIP Cod~)
Tog:ther w/th all right~, easements, appurtenances, royalties, mineral rights, oil and gas fights, all water and riparian fights,
ditches, and water stock and all existing and furore improvements, stmct~s, fixtures, and r~placements that may now, or at
any time in thc furore, be part of the real estate described above (all referred to as "Pmpea'y').
ex¢~l $ .....................................................~'~-<~' ~ ~:--~ This limitation of amosm docs not iaclade imcre~ and oth~ fccs and
charges validly made pursuant to this $~ndty Instrument. Also, this limitation does not apply to advances made under the
terms of this Security Instrument to protect Leader's security and ~o perform any of the covenants contained in this Security
Instrument.
SECURED DEBT AND FUTURE ADVANCES. Th~ term 'Secured Debt" is defined as follows:
A. Debt incurred under the terms of 'ali promissory note(s), contract(s), guaranty(s) or other :viderice of debt described
below and all their extensions, renewals, modifications or substitutions, tWhen referencing the debts below it is
suggested that you include items such as borrowers' names, note amounts, interest rams, mamH.~, dates, etc.)
No~e dated April 25, 1998, between Green Tree Consumer Di~ooun~ Company and Harry
B, Laughlin, II, for $116,375.00, maturing May 1, 2023.
10.
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
note, contact, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
Instrument whether or not this Security Instrument is specificaily referenced. If more than One person signs this Security
Instrumem, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though 'all or part may not yet be
advanced. Ail future advances and other future obligations are secured as if made on the date oft]tis Secudty Instrument.
Nothing in this Security Instrument shall constitute a commit~nent to make additional or furore loans or advances in any
an~onot, Any such commitment must be agreed to in a separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not
limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Leader.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
· Prgperty.and its value and.any other sums advanced and expenses incurred by Lender under the' temts of this Security
[flstr'mnent.
This Security lnsa'ument will not secure any other debt if Lender fails tu give any required notice of the right of rescission.
PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that
the Property is unencumbered, excegn for encumbrances of record.
PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
document that created a prior security interest or encumbrance on the Property, Mortgagor
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of. nor to request any future advances under any note or agreement secured
by the lien document without Lender's prior written con.sent.
CLAIMS AGAINST TITLE, Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, gro~md rents,
· utilifies~and'other'charges'relating,to,the~Property'when'due. '~ender'may'reqUire'Mortgagor-to provide to Lender copies'of'all'--'
notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the
Property against ally claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as
requested by Lender. any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to
maintain or improve the Property.
DUE ON SALE OR ENCUMBRANCE. Lender may, at its opdon, declare the entire balance of the SeCured Debt to be
immediately due and payable upon thc creation of. or contract for the creation of. any Ilea, encumbrance, transfer or sale of the
Property. This right is subject to the restrictions imposed by federal law (12 C.F.P,. 591), as applicable. This covenant shall
run with the Property and shall remain in effect until the Secured Debt is paid ia full and this Security Instrument is released.
PROPERTY CONDITION, ALTERATIONS AND INSPECTION, Mortgagor will keep the Properly in good condition and
make all repairs that arc reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of
the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy and use will not substantially change without Lender's prior v,'ritten consent. Mortgagor will not permit any change
in any license, restrictive covenant or easement without Lender's prior written con.sem. Mc, ctgagur will notify Lender of all
demands, proceedings, claims and actions against Mortgagor. and of any loss or danmge to the Property.
7: -:
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall
not create aa obligation to perform, and Lender's ~ailure to perform will not preclude Lender from exercising any of Lender's
other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a
reasonable manner, Lender may tak~ all steps necessary to protect Lender's security interest in the Property. including
completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as
additional security all the right, title and inter~st ia and to any and all existing or furore leases, subleases, and any other written
or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals,
modifications or substitutions of such agreements (all referred to ns 'Leases~) and rents, issues and profits (all referred to as
'Rents'). Mortgagor will promptly provide Lender with. true and correct copies of 'ail existing and future Leases. Mortgagor
may cullect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security
lnstrunlent.
Mortgagor agrees that this assignmem is immediately effective between the parties w this Security Insmsment and effective as
to third parties on the recording of this Security instrument, and this assignment will remain effective until the Obligations are
~atisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due
or to become due directly to Lender after such recording, however Leader agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all
Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender
any payment of Rants in Mortgagor's possession and will receive any Rents in trust for Leader and will not commingle the
Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants
that no dePault exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require
any tenant to rumply with the terms of the Leases and applicable law.
13. LEASEHOLDS; CONDO~S; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrmnent is on a leasehold. If the Property includes a unit in u condominium or a
planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of
the condominium or plarm~ unit development,
14."DEFAULT; 'Mortgagor. will be-ia default-if, any party-obligated on the Secured Debt fails to make'paymen.t when due.
Mortgagor will be in default if a breach occurs under the leans of this Security Instrument or any other document executed for
the pu~0ose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or eatlty obfigated on the Secured Debt or that the prospect of any payment or the value of
the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notlee
of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if
~y, Lender may accelet'ate the Secured Debt and foreclose this Security Instrument in a manner prOvided by law if Mortgagor
is in default.
At the opdoo of Lender, all or any part of the agreed fees and charges, accrued interest and principal s'haB become ium~ediately
due and payable, after giving notice if required by law, upon the occurrehce of a default or anytime thereafter. Ia addition,
Lender shall be entitled to all the remolies provided by law, the terms of the Secured Debt, this Security Instrument and any
related documents. All r~medies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided
at law or equity, whether or not express set .... : .......... ~ _ ., ...... ,~"..' ' '- ,. .~r pardal payment on
the Secured Debt after the balance is due or is accelerated or after tbreclosure proceedings are filed shall not constitute a waiver
of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default,
Lender does not waive Lender's.right,'w:lmer co~sidef, thd event a default if it continues or happens again.
16.
-17.
18.
19.
EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument.
Mortgagor will also pay on demand any amount incurred by Lender for iusuring, inspecting, preserving or otherwise
protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment umil paid
in full at the higbest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costS and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and reraedies under this Security Instrument.
This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means,
without limitation, the Comprehensive Enviroamen~ Response, Compensation and Liability Act (CERCLA. 42 U.S.C. 9601
et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
interpretive letters concerning the public health, safety, welfare, environment or a hazardous ~ubstance; and (2) Hazardous
Substance means any toxic, radioactive or hazardous material, waste, pollutant or contanfinant which has characteristics which
render the substance dangerous .o~ potentially dangerous to thc public health, safety, welfare or environment. The t~rra
includes, without limiration, any substances defined as "hazardous material," 'toxic substances,' "hazardous waste' or
"hazardous substance" under any Environmental Law.
Mortgagor represents, warrants and agrees tha~:
A. Except as previously disclosed ami acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This resa'iction does not apply to small quantities of Hazardous Substances that
are generally recognized to be appropriate for the normal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged in wfidng to Lender, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a ~lease or threatened release of a Haz~dous Substa~e occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. ta such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D, Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or
thr~tened investigation, claim, or proceeding relating to the release or threatened release of uny Hazardous Substance or
the viofatfoa of any Environmental Law.
CONDEM~qATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or mice any or all of the Property through condenmation, eminent domain; or any other means. Mortgagor
authorizes l~ender to intervene-imMortgagor-'s*mune..in~any of~tbe-above,described,acdons or ctalmn: Mortgagor,as.signs~to-,
Lender the proceeds of any award or claim for damages Connected with a condemnation or other afldng of all or any pan of the
Property. Such proceeds shall be considered payments and will ~ applied as provided in this Security Iustrumeat. This
assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, seoufity agreement or other lien document.
INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Prngeny due to its type and location. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insura~e alkali be chosen by Mortgagor subject to Lender's approval,
which shall not be um-easonahiy withheld. If Mortgagor l:ails to maintain the coverage described above, Leader may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause' and, where
applicable, 'loss payee clause.' Mortgagor shall immediately notify Lender of cancellation or termination of the i~usance.
Lender 'shall have the right to hold the policies and renew,ds. If Lender requires. Mortgagor shall immediately give to Leader
all receipts of paid premiums and renewai notices. Upon loss, Mortgagor shall give immediate untice to the insurance cartier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
Unless otherwise agre~l in writing, all inSurance proceeds shall be applied to the restoration or repair of the Properv/or to ~e
Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal ~hall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid w the
Mortgagor, If the Property is acquired by Lender, Mongagor's right to any insurance policies and proceeds resulting from
*damage to the Property before the acquisition shall pass to L~nder to the extent of the Secured Debt immediately before the
acquisition·
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Le~er upon request, any
financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
ndditioml documents or certifications that L~nder may consider necessary to perfect, continue, and preserve Mortgagor's
obligations under this Security InStrument and Lender's lien stems on the Property.
22, JOINT AND INDIVIDUAL LIABILITY; CO-SIGNER~; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security InStrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt,
Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the S~cured Debt and
Mortgagor does not agr~ to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lende~ from bringing any action or claim
against Mortgagor or any parry indebted under the obligation. These rights may include, but are not limited to. any
anti-deficiency or one-action laws. Mortgagor a~.,tees that Lender and any party to this Security Instrument may extend, modify
or raake any change in the gyms of {his Security Instnlalem or any evidence of debt without Mortgagor's consem. Such a
change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security
Insu'unsent shall bind and benefit the successors and assigns of Mortgagor and Lender.
2~. APPLICABLE LAW; SEVERABILITY; INTI~RPRETATION, This Security Instrument is governed by the laws of the
jurisdlcfion in which Lender is located, except to thc extent otherwise r~xtuired by the laws of the jurisdiction where the
Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or
modified by oral agreement. Any section in this S~-urity Instrument, attachments, or any agreement related to the Secured
Debt dial conflicts with applicable law will not be effective, unles~ that law expressly or impliedly permits the variations by
written agreement. If any section of this Security lnstmmcm cannot be enforced according to its terms, ~.at section will be
severed and will not affect the enforceability of the remainder of this Security Insttmnem. Whenever used, the singular she/1
include ehe plural and thc plural the singular. The captions and headings of the sections of this S~curity/nstrument are for
cnnvcdience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of d~e essence in
this Security Instrument.
24. NOTICE..Unless otherwise required by-law, ,any amice ~shall be given by delivering it.or by mailing i* by first class mail to
the appropriate party's address on page 1 of this Security lnstrumem, or to any other address designated in wridng. Notice to
one mortgagor will be deemed to be notice to ail mortgagors.
25. -WAI~I~RSr Exc, eEt'to the extent prohibited by law Mortgagor waives any right to appraisement reladug to the Prope~7.
· ,.'2- ."' !: "'~'
. 00d450 .8 0
26. OTHER TEPaMS. If checked, the following are applicable to this Security Insa'ument:
[] Line of Credit. The Secm'ed Debt includes a revolving line of credit provision. Although the Secured Debt may be
r~uce4 to a zero balance, this Security Insmunent will remain in effect until released.
[] Construction Loan. This Security Im'trument secures an obligation incurred for the construction of an improvement on
the Property.
[] FiMure Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that axe or will become fixtures related to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other r~produedon may be filed of record for purposes of Article 9 of the Unifonn
Commemial Code.
[] Purchase Money. This Security Insmunent secures advances by Lender used in whole or in part to acquire the
Propen'y, Accordingly, this Security Instrument, and the lien hereunder, is and shall be comtroed as a purchase money
mortgage with all of the fights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania.
[] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
[] Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and
amend the tenas of this Security Instrument. [Check all applicable boxes[
[] Condominium Rider [] Planned Unit Development Rider [] Other ...................................................
[] Additional Terms.
SIGNATURES: By, signing below, Mortgagor, intending to be legaily bound hereby, agrees to the terms and covenants contained
in Ifiis S~:urity las~,gnt and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Iasmmlent on
the date
.......
ACKNOWL,~GMENT:,,~ , ~.' .
,' Pennsy±vania
COMUONW m z. ................................ ¢OUNZ¥ . L!.. ........... )
tb~a~,~ On '~' ' ~ ~25gh APRIL
· e ~e~g~d o~, ~o~ly appeared ..........................................................................................
.......................................................................................... ~o~ to
· e p~s) whose ~s) is sub~fib~ to ~e ~in i~e~, ~ ~wl~ge~ ~at he/~e ex~u~ ~e s~
In wimes~ whereof, I hereunto set my hand and official seal. ...,.e~ii~- ....
R ~ be,~ ~,.~ ~.~ ~ ~ of ~ ~n~r ~m ~ ts: .............................................. ~~ .....
Exhibit A
Legal Description:
BRIEF LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN UPPER ALLEN
TOWNSHIP,C~3MBERLAND COUNTY AND CCX~ONWEALTH OF PENNSYLVANIA BEING MORE FULLY
DESCRIBED IN DEED DATED ll/29/96,RECORDED 12/03/96,APPEARING AMONG T~E LAND
RECORDS OF THE COUNTY AND STATE SET FORT~ ABOVE IN DEED BOOK VOLUME 149, PAGE
1079.
Parcel ID: 42-31-2151-184
Count' o! Cum~r~a.oJ 86
R~de~ iq the ~ice for the re~r~,ng
Exhibit A
Legal Description:
BRIEF LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN UPPER ALLEN
TOWNSHIP, CUMBERLAND COUNTY AND CO~4ONWEALTH OF PENNSYDVA~IA BEING MORE FULLY
DESCRIBED IN DEED DATED iI/29/96,RECORDED 12/03/96,APPEARING AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORT~ ABOVE IN DEED BOOK VOLUME 149,PAGE
1079.
P~rcel ID: ~2-31-2t51-184
Exhibit "B"
L BORROWER'S FROMI~E TO PAY
In/em~ fo~ m [o~ ~at I ~ve ~w4, I prom~c to pay U.l $,.~.~,~,:.9~ .................... (~ ~oum Js
1 ~m~ ~t ~ ~¢r may ~r ~is Nom. ~ ~nder or ~ who mke~ ~s No~: by tr~f~ ~d who is
eflfifl~ ~o ~eJv¢ pa~a~ under ~ No~ ~ ~i]~ ~e *No~ Hold~."
2.
[mermr wffl be c~d on u~aid pHncip~ u~l &e ~11 ~oum of pdacJp~ ~ ~n pad. ~ ~11 pay iu~rcs~ at ~
ycadX ~e or.....~:.~..... ~. In~r ~1 ~ c~ged ~gi~ on ........... .~..~...~.~ ~ ........................
................................. pa~n~ of $..~.t~,:.7.~ .................................... each on ~e
................. ~.~ ................................ og ~ch .....H?~ ............................................ .............
............................................................. begi~ng o, ....~D~..~.~..~.~.~ ................................
[] In addition to the payments described above, I will pay a "balloon payment" of $ ...................................
on .......................................... The Note 14older will deliver or mail to me notice prior to mamri[y that
......... N..,a2,v,..1.~..3~ .............................................. I still awe amounts under this time, [ will pay those mounts
I will make my scheduled payments at.,....G.r. ,e.~ .n., .T?.?..e/... ,7.~.6..0.., .~,:.. ~Z~ .e~.e...~.~1.:/...T~ ~ i., ~., .,~ ~ ¢.~ ....
................................................................................................................................. or at a different
pa}' a prepayment penalty of ,.. 9..i,,x., .r0.o..n' .~..h.~...x.~.~. ,e, .r.~..s~.. j[..~.. ~.h,~, .e. ~y; ~.,r~...l 9. ,a.n,, .¢9.1, .a, .ri.C?.. ~ .s.. ,p.a..&..d., ,y f: ~.$~,. 3
................................................................................................................... ill prepay Itais NOR: in full.
lOAN CHARGF~
(A) Late Cha~e for Overdue Payme~
(B) D~'s~ll
(C) Notize of I)efau~t
(D) No Wai~er ~y Note Holder
(E} Payment of Note Holder% Coats ami ~xp~
7. GIVING OF NOTICES
Unle~ applicable law requires a different n~dio~, any notice that must be givem to mc under this Note Will be given
by dclivcriag it or hy nmiHng it by fi~Sl class mall to m~ at {ha Property Address above or at a diff~rant edd~s$ if I give
the Note Noldar a ~oi'th~ o£my different nddr~as.
Any notice that must be givgn rd the Note Holder undar this No~ will be given by mailing it by tint class mail to
the No~ Holde~ at thc address stated in Section 3(B) ou page 1 of this Note or at a different address ill am gl?eh a notice
of that diffetcm a~h-e~. ·
8. OBLIGATIONS die PEP.~ONS UNDER THIS NOTE
If more than one parson aig~ chis Note, es~h person is fully and p~rsonaily obligated to k~ep all of the promises
nmde ia this Note, including the promise to pay the full amount owed. Any parson who is a gm,tanrer, surety or endorser
of this Note i$ also obligated to do these things, Any p:'.~n who tek~ over thg~ obligations, i~llldiag the obligations of
a gu~,aotor, surety or endorser of this Note, is also obligated to keep all of the promise~ made in thi~ Note. Thc Note
Noldar may enfo~e its fights under th~ Note against each person individually or agalr~t all of us together. This mean.'{ that
any one of os may be r~quir~d to pay all of thc amounts owed under this Not~.
9. WAIVER~
! and any oth~r person who ha~ obligations under this Nots waive the rights of presentment and notic~ of dishonor.
"Presanunent ' mea~ the fight to requi~, the Note HOMet to demand payment ofamoun~s due, 'Notice of th~honor'
the fight to require the Note HoMer to give notice to other persons t/mt amount~ du~ have not been paid,
10. SECURED NOTE
In addition to thc ptote~lion~ given to the Nots Holder under this Note, a Mortgaga, Deed of Trust or Security
Deed (the "Security ln~trtm~nt'), dasd the same date as this Note, protects the Not~ Holder from po~-~iblc ltaacs which
might r~suit if! do not keep the promises which I make in this Note. That Security Insumment deserihes how and under
what conditions ! may be requir~l to make fuunedlate payment in full of 'all mnounts ! owe under this Note. Some of those
conditior~ are described as folfuws:
Trnn~f~r of the Property or a Beneficial Interest In Borrower. If all or aay part of the Property or
any interest ht it is sold or transferred (or if a beneficial interest in Borrower is sum or transferral
Borrower is not a natural p~rson) without Lender's prior written consent, Lender may, al i~s option, require
immediate payment ia full of ail sums s~cured by this $~cufity ]nstnffaent, Howcwr, this option shall not he
exercised by L~ndar if exercise i$ prohibited by federui law as of the date of tl~ Security Instrument,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thc n0tic~ $isall
provide a period of not 1¢$s than 30 days from the date thc nofic, t: is delivered or mailed within wMch
Borrow~r moat pay all sums sccurc, d by this Security Imminent. If Boffo~telc fails to pay thee ~ prior to
the expiration of this period, Leader may invoke any remedies permitted by this Security Imtnunent without
further nodc~ or demand on Bor~wer.
1 i, BALLOON PAYMENT DISCLOSUR[~
[Complete thc balloon payment notice below if this Not~ provides for a balloon payment at Secdon 3(A) un page 1
of this Nots.}
TP~i$ LOAN IS PAYABLE IN FilLL ............................................................................................
........................................................................................................................ I MUST REPAY THE
ENTIRE PRINCIPAL BALANCE OF TIIE LOAN AND 0NPAID INTEREST THEN DUE, WEIICH MAY BE A
LARGE PAYMENT. TIIE LENDER ~ UNDI~R NO OBLIGATION TO REFINANCE THE LOAN AT TItAT
TIM~. I WILL, THEREFORE, BE REQUIP, ED TO MAgE PAYMENT OUT OF OTHER A~[gT$ THAT 1 M~Y
OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER ! HAVE THIS LOAN WITH,
~¢~qI. LING TO LEND M]E THE MONEY. IF ! REFINANCE THIS LOAN AT MATt/R1TY, I MAY [lAVE TO PAY
$OMlg OR ALL OF ~ CLOSING COST~ NOILMALLY ASSOCIATED WITH A NlgW LOAN EVEN IF 1
OBTAIN REFINANCING FROM THE SAME LENDER.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDerSIGNEd.
....................................................................................... ($~al)
....................................................................................... ($~al)
/Sign Original Oniy]
1Exhibit "C"
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
October 10, 2003
HARRY B. LAUGHLIN, II
812 YORKV1EW STREET
GRANTHAM, PA 17027
HARRY B. LAUGHLIN, II
P.O. BOX 242
GRANTHAM, PA 17027
THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This Notice exl~lains how the pro.am works.
To see if HEMAP can helw 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 the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice. If you have an./auestions, you may call the Pennsylvania Housing Finance
A~encv toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869).
This notice contains important legal information, lfyou 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 ama. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER
CURRENT LENDER/SERVICER:
HARRY B. LAUGHLIN, H
812 YORKVIEW STREET, GRANTHAM, PA 17027
6900842763
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
GREEN TREE CONSUMER DISCOUNT COMPANY F/K/A
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit
counselin~ a~encies listed at the end of this notice the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the count'/in which the prot~ertv is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's 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-m-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you
application,
NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING
OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located
at: 812 YORKVIEW STREET, GRANTHAM, PA 17027 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: 6/1/03 thru 10/1/03 at $1,017.93 per month.
Monthly Payments Plus Late Charges Accrued:
Property Inspection:
BPO:
Attorney fees:
Prior Attorney Fees:
Property Maintenance:
(Suspense)
TOTAL AMOUNT TO CURE DEFAULT
$6,481.15
$0.00
$0.00
$50.0O
$0.00
$0.00
($0.00)
$6,531.15
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not ap~)licable):
N/A
HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of
this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,531.15
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or
money order made payable and sent to:GREEN TREE CONSUMER DISCOUNT COMPANY, 7360 SO,
KYRENE, TEMPE, AZ 85283, ATTENTION: Julia Olivas.
You can cum any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter. (Do not use if not apl~licable) N/A.
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its riehts to accelerate the mortgage debt. This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclosure uoon your morteaee property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to ray
attorney's fees.
OTHER LENDER RElVIEDIES- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by
paving the total amount then past due, vlus any late or other char~,es then due, reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in writine by the lender and by performine any other reclulrements under the mortgage. Curing
your default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER-
GREEN TREE CONSUMER DISCOUNT COMPANY
7360 SO. KYRENE
TEMPE, AZ 85283
TEL NO. (888) 315-8733 x 36351
ATTENTION: Julia Olivas
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You may or . XX _ may not (check one) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OYF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, 1F 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 PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUN~SELING"AGENCIES SERVING YOUR COUNTY IS ATTACHED.
ATI, I~RNEY FOR LENI~R
NOTICE PURSU~ TO FAIR D~BT COLLECTION PRACTICES'ACT
· This is aa attempt to collect a debt and any information obtained will bo used for
~he purpose.
Unless you dispute the validity of this debt, or any posen thereof, within thirty
(30) days after receipt of this notice, the debt will be assumed to be valid by our
offices.
If you notify our offices in writing within thirty (30) days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
If you notify our offices in writing within thirty (30) days of rocoipt of this notice,
· our offices will provide you with the name and address Of the original creditor, if
diffenmt from the current creditor.
CUlVIBERLAND COUNTY
HEMAP Counseling Agency List as of 4/1/02
Adams Cou,nty Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FinancialCounseling Services of Franklin
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Loveship, Znc.
2320 No~h 5th Street
Harrisburg, PA 17110
7172322207
PHFA
2101 North Front Street
Harrisburg, PA 17110
800-342-2397
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
VERIFICATION
The undersigned hereby states that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge, information and belief. The
undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unswom falsification to authorities.
SHERIFF'S RETURN -
CASE NO: 2003-06533 P
COMMONWEALTH OF PENNSYLVA~NIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LAUGHLIN HARRY B II
REGULAR
CPL. TIMOTHY REITZ
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT PORE
LAUGHLIN HARRY B II
DEFENDANT at 1852:00 HOURS,
at 210 AVON DRIVE
CARLISLE, PA 17013
MELISSA LAUGHLIN, WIFE
a true and attested copy of COMPLAINT -
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 6th day of January , 2004
by handing to
MORT FORE
together with
and at the same time directing Her attention to the contents
Additional Comments
812 YORKVIEW STREET GRANTHAM IS VACANT.
thereof.
Sheriff's Costs:
Docketing 18
Service 11
Affidavit
Surcharge 10
39
So Answers:
Sworn and Subscribed to before
me this /.~ day of
5~ A.D.
~Ptothonotary ' /~
0400
00
00 R. Thomas Kline
00
04 01/07/2004
GREGORY JAVARD IAN
h
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
13 I0 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
GREEN TREE CONSUMER DISCOUNT
COMPANY
7360 SOUTH KYRENE ROAD
TEMPE, AZ 85283
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
HARRY B. LAUGHLIN, II
210 AVON DRIVE
CARLISLE, PA 17013
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against HARRY B. LAUGHLIN, II,
Defendant, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As Set forth in Complaint
Interest
12/16/03 to 2/26/04
TOTAL
$122,215.20
2,065.68
$124,280.88
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown
above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
Damages are hereby assessed as indicated.
PRO PROTHY
GREEN TREE CONSUMER DISCOUNT
COMPANY
Plaintiff
HARRY B. LAUGHLIN, II
Defendants
In The Court of Common Pleas
Cumberland County
No. 03-6533 CIVIL TERM
TO:
HARRY B. LAUGHLIN
210 AVON DRIVE
CARLISLE, PA 17013
DATE OF NOTICE: FEBRUARY 6, 2004
NOTICE, RULE 237.1
IMPORTANT NOTICE
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 se forth
against you. Unless you act within ten (I0) 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 fights.
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 yon can get legal help.
Cumberland County Bar Association
Lawyer Reference Service
32 S. Bedford Street
Carlisle, t3~ 17013
Gregory Javardian, Esquire
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta
notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba
alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes.
Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no
tiene dinero suficiente para tal servicio, vaya en persona o llame por tetpfono a la oficina, cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE"
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
GREEN TREE CONSUMER DISCOUNT
COMPANY
VS.
HARRY B. LAUGHLIN, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
VERIFICATION OF NON-MILITARy SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plalntiffin the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) Defendant, HARRY B. LAUGHLIN, II, is not in the Military or Naval Service of
the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of Congress of 1940, as amended.
(b) Defendant, HARRY B. LAUGHLIN, II, is over 18 years of age, and resides at
210 AVON DRIVE, CARLISLE, PA 17013.
(c) Plaintiff, GREEN TREE CONSUMER DISCOUNT COMPANY, is an institution
conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 7360
SOUTH KYRENE ROAD, TEMPE, AZ 85283.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
TO:
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
HARRY B. LAUGHLIN, II
210 AVON DRIVE
CARLISLE, PA 17013
GREEN TREE CONSUMER DISCOUNT
COMPANY
VS.
HARRY B. LAUGHLIN, II
Plaintiff
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
NOTICE
Pursuant to Rule 236 of the Supmne Court of Pennsylvania, you are hereby notified that a Judgment
has been entered against you in the above proeeedi~ as indicated below.
X Judgment by Default
__ Money Judgment
__ Judgment in Replevin
__ Judgment for Possession by Default
__ Judgment on Award of Arbitration
__ Judgment on Verdict
__ Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY: Gregory Javardian, Esquire at this telephone number: (215) 942-9690.
ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point along lands now or formerly of William and Betty Replogle; thence,
along lands now or formerly of William and Betty Replogle, North 80 degrees 34 minutes 00
seconds East a distance of 40.00 fecq to a point; thence, along Lot #13 North 09 degrees 26
minutes 00 seconds West a distance of 102.00 feet to a point on the southern right-of-way line of
Yorview Drive; thence, along the southern right-of-way line of Yorkview Drive South 80
degrees 34 minutes 00 seconds West a distance of 40.00 feet to a point; thence, along Lot #11
South 09 degrees 26 minutes 00 seconds East a distance of 102.00 feet to a point, the place of
BEGINNING.
BEING Lot #12 as shown on a certain subdivision plan of lots entitled "Final Subdivision Plan
for Yorkview" dated June 2, 1981 and recorded August 8, 1983, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 44, page 5.
CONTAINING 4,080 square feet (0.094 acres).
UNDER AND SUBJECT to any and all restrictive covenants, conditions, restrictions, rights-of-
way, easements and agreements of record.
BEING known as 812 Yorkview Street a/k/a 812 Yorkview Drive, Grantham, PA 17027.
PARCEL g42-31-2151-184.
BEING THE SAME PREMISES which Harry B. Laughlin, II and Rebecca S. Laughlin, husband
and wife, by Deed dated April 25, 1998 and recorded May 1, 1998 in the Office oftbe Recorder
of Deeds in and for Cumberland County in Deed Book 176, Page 549, granted and conveyed
unto Harry B. Laughlin, II, individually.
GREEN TREE CONSUMER DISCOUNT
· COMPANY
VS.
HARRY B. LAUGHLIN, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaimiff 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 812 YORKVIEW
STREET A/K/A 812 YORKVIEW DRIVE, GRANTHAM, PA 17027:
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
HARRY B. LAUGHLIN, II
210 AVON DRIVE
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
HARRY B. LAUGHLIN, II 210 AVON DRIVE
CARLISLE, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Northwest Consumer Discount Company 223 Penrose Place
Carlisle, PA 17013
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Greentree Consumer Discount Company
Conseco Finance Consumer Discount
Company
Green Tree
332 Minnesota Street, Suite 610
St. Paul, MN 55101
875 Greentree Road, Suite 325
Greentree, PA 15221
7360 South Kyrene Road
Tempe, AZ 85283
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Salne
Last Known Address (if address cannot be
reasonably ascerta'med, please indicate)
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013-3387
Dept. of Public Assistance
33 Westin'roster Drive, P.O. Box 599
Carlisle, PA 17013-0599
PA Department of Public Welfare
Bureau of Child Support Enforeemem
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
7. Name and address of every other person of whom the plalntiffhas knowledge who has any
interest in the property which may be affected by the sale:
manle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants
812 YORKVIEW STREET
A/K/A 812 YORKVIEW DRIVE
GRANTHAM, PA 17027
MelissaLaughlin
210 Avon Drive
Carlisle, PA 17013
Rebecca S. Laughlin
812 Yorkview Drive
Grantham, PA 17027
Rebecca S. Laughlin
210 Avon Drive
Carlisle, PA 17013
February 29, 2004
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities.
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOO1L SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
GREEN TREE CONSUMER DISCOUNT
COMPANY
vs.
HARRY B. LAUGHLIN, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY
AS TO THE SALE OF HEAL ESTATE
I hereby certify that I am the attorney for thc Plaintiffin this Mortgage Foreclosure Action
and further certify this Property is:
( ) FHA
( ) Tenant Occupied
( ) Vacant
( ) Commercial
( ) As a result of Complaint in Assumpsit
(X) Act 91 complied with
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
IST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
GREEN TREE CONSUMER DISCOUNT
COMPANY
VS.
HARRY B. LAUGHLIN, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
HARRY B. LAUGHLIN, I1
210 AVON DRIVE
CARLISLE, PA 17013
Your house (real estate) at 812 YORKVIEW STREET A/K/A 812 YORKVIEW DRIVE,
GRANTHAM, PA 17027, is scheduled to be sold at Sheriffs Sale on JUNE 9, 2004 at 10:00 A.M.,
in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the
court judgment of $124,280.88, obtained by GREEN TREE CONSUMER DISCOUNT
COMPANY, again~ you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215'}
942-9690.
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 more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF TI-IF, SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-9690.
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 Sheriffthe full mount due in the sale.
To fred out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
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 the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be emitied 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. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point along lands now or formerly of William and Betty Replogle; thence,
along lands now or formerly of William and Betty Replogle, North 80 degrees 34 minutes 00
seconds East a distance of 40.00 feet to a point; thence, along Lot #13 North 09 degrees 26
minutes 00 seconds West a distance of 102.00 feet to a point on the southern right-of-way line of
Yorview Drive; thence, along the southern right-of-way line of Yorkview Drive South 80
degrees 34 minutes 00 seconds West a distance of 40.00 feet to a point; thence, along Lot #11
South 09 degrees 26 minutes 00 seconds East a distance of 102.00 feet to a point, the place of
BEGINNING.
BEING Lot #12 as shown on a certain subdivision plan of lots entitled "Final Subdivision Plan
for Yorkview" dated June 2, 1981 and recorded August 8, 1983, in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 44, page 5.
CONTAINING 4,080 square feet (0.094 acres).
UNDER AND SUBJECT to any and all restrictive covenants, conditions, restrictions, rights-of-
way, easements and agreements of record.
BEING known as 812 Yorkview Street a/k/a 812 Yorkview Drive, Grantham, PA 17027.
PARCEL #42-31-2151 - 184.
BEING THE SAME PREMISES which Harry B. Laughlin, II and Rebecca S. Laughlin, husband
and wife, by Deed dated April 25, 1998 and recorded May 1, 1998 in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 176, Page 549, granted and conveyed
unto Harry B. Laughlin, II, individually.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
COMPANY
VS.
HARRY B. LAUGHLIN, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 03-6533 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due
$124,280.88
Interest from 2/26/04 to Date of Sale
@ $20.42 per diem
Subtotal
(Costs to be added)
I.D. #55669
1310 Industrial Boulevard
Ist Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Green Tree Consumer Discount Company
VS
Harry B. Laughlin, II
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-6533 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Gregory Javardian.
Sheriff's Costs:
Docketing 30.00
Poundage 14.88
Posting Handbills 15.00
Advertising 15.00
Mileage 11.04
Levy 15.00
Surcharge 20.00
Law Journal 307.25
Patriot News 299.83
Share of Bills 29.26
Law Library .50
Prothonotary 1.00
$758.76 paid by attorney
06/07/04
Sworn and subscribed to before me
This ,/,~ ff day
2004, ^.o.
Prothonotary
R. Thomas Kline, Sheriff
Real E~te Deputy
Real Estate Sale #54
On March 05, 2004 the sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 812 Yorkview St. a/k/a 812 Yorkview Dr.,
Grantham, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 05, 2004 By: J~6~C[ 3~,~
Real Estate Deputy
THE PATRIOT NEWS
THE SUNDAY 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
the office for the Recording of Deeds in and for said Coun~ous Book "M",
Volume 14, Page 317. ~
PUBLICATION
COPY Sworn to and subscri~/l~efore~7/~t~ _dy;~04 A.D.
left? L Russell, Notary Public
ICi of Harrisburg, Oouphin Counly I N(71'ARY PUBLIC
N~y ~.ommisslon~ Expires June 6, 2_~) ,My~:~l commission expires June 6, 2006
~lember, p enn~lylvanla Al~locl&llon ol Net&fl. m
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Total
$ 299.83
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
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 statemem 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 ESTATE 8ALE NO. 54
Writ No. 2003-6533 Civil
Green Tree Consumer
Discount Company
VS.
Harry B. Laughlin, II
Atty.; Gregory Javardian
ALL THAT CERTAIN tract of land
situate in Upper Allen Township,
Cumberland County, Pennsylvania,
more part/cularly bounded and de-
scribed as follows:
BEGINNING at a point along
lands now or formerly of William
and Betty Replogle; thence, along
lands now or formerly of William
and Betty Replogle, North 80 de-
grees 34 minutes 00 seconds East
a distance of 40.00 feet to a point;
thence, along Lot #13 North 09 de-
grees 26 minutes 00 seconds West
a distance of 102.00 feet to a point
on the southern right-of-way line of
Yorview Drive; thence, along the
SWORN TO AND SUBSCRIBED before me this
30 day of APRIL 2004
NOTA~A'3L'SEAL
LOIS E. SNYDER, Notaq Public
Carlisle Bom, Cumberland County
My Commission Expires March 5, 2005
lands now or formerly of William
and Betty Replogle; thence, along
lands now or formerly of William
and Betty Replogle, North 80 de-
grees 34 minutes 00 seconds East
a distance of 40.00 feet to a point:
thence, along Lot #la North 09 de-
grees 26 minutes 00 seconds West
a distance of 102.00 feet to a point
on the southern right-of-way line of
Yorview Drive: thence, along the
southern right-of-way line of
Yorkview Drive South 80 degrees
34 minutes 00 seconds West a dis-
tance of 40.00 feet to a point:
thence, along Lot # 11 South 09 de-
grees 26 minutes 00 seconds East
a distance of 102.00 feet to a point,
the place of BEGINNING.
BEING Lot #12 as shown on a
certain subdivision plan of lots en-
titled "Final Subdivision Plan for
Yorlwiew" dated dune 2, 1981 and
recorded August 8, 1983, in the
Office of the Recorder of Deeds in
and for Cumberland County, Perm-
sylvania, in Plan Book 44, page 5,
CONTAINING 4,080 square feet
{0.094 acres).
UNDER AND SUBJECT to any
and all restrict~ve covenants, condi-
tions, restrictions, rights-of-way,
easements and ag~eementa of rec-
ord,
BEING known as 812 Yorkv/ew
Street a/k/a 812 Yorkv/ew Drive,
Grantham, PA 17027.
PARCEL #42-31-2151-184.
BEING THE 8AIViE PREMISE8
which Harry B. Laughlin, I1 and
Rebecca 8. Laughlin. husband and
wife, by Deed dated April 25, 1998
and recorded May 1, 1998 in the
Office of the Recorder of Deeds in
and for Cumberland County in Deed
Book 176, Page 549, granted and
conveyed unto Harry B. Laughlin,
II, individually.
Carlisle BorG, Cum~rlan~
My Commission Expires Ma~ch 5, 2005