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HomeMy WebLinkAbout01-6389Comroe Hing LLP By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215) 568-0400 Attorney for Plaintiff identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff IN THE cOURT OF COMMON PLEAS OF CUMBERLAArD COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No.o -- g2P Defendants ~: 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 CAiqNOT 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. CARL I S LE, PA 17013 ~I~ON (717) 249-3166 ' AVI S Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA cORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTAiqTES. LLEVE ESTA DEMANDA A UN ABOGADO iMMEDIATAMENTE. SI NO CONOCE A UN ABOGkDO, 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 NOTICE The amount of your deb~ is as stated in the at~tched document. The name of the creditor to whom the debt is owed is as named in the attached doo, ment. Unless you notify us wii'hln 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If yon do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment. against you, and mail it to you. If you do not dispute the debt, it is not an zdmiasion of liability on your parC Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. J.f you notify ns in writing within the 30 day p~riod as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES COMROE HING LLP SUITE 1400 1700 MARKET STP~EET PHILADELPHI& PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 1. Plaintiff is Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company, with its principal offices at 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte, with an address as set forth above. 3. On December 31, 1998 Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte executed and delivered a Mortgage upon premises hereinafter described to Green Tree Consumer Discount Company, now known as Conseco Finance Corporation, which mortgage was recorded in the Department of Record at CUMBERLAlqD County, Pennsylvania in Mortgage Book 1510, at page 989 on January 4, 1999. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 3128-3130 Spring Road, Carlisle, PA 17013 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by 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, interest and escrow as due on February 6, 2001, and as due on the sixth day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 8. The monthly installment payment composed of principal, interest and escrow due under the terms of said Mortgage and Mortgage Note for each such month was ONE THOUSAND THREE HUNDRED SEVENTY NINE DOLLARS AND 34 CENTS ($1,379.34), consisting of ONE THOUSkND THREE HUNDRED SEVENTY THREE DOLLARS AND 34 CENTS ($1,373.34) for principal and interest, and SIX DOLLARS AND 00 CENTS ($6.00) for escrow. In addition there are escrow deficits due. The monthly payment changed on March 6, 2001 to ONE THOUSAND THREE HUNDRED SEVENTY THREE DOLI2kRS AND 34 CENTS ($1,373.34). The monthly payment changed on April 6, 2001 to TWO THOUSAND FOUR HUNDRED NINETY SIX DOLLARS AND 69 CENTS ($2496.69). following amounts are therefore due and owing on said 9. The Mortgage: (a) Principal Debt (b) Late Charges at $137.33 per month from 02/06/2001 to 03/06/2001. Late Charges at $137.33 per month from 03/07/2001 to 10/16/2001. (c) Interest from 01/06/2001 through 10/16/2001 at $75.39 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $271,692.31 $137.33 $961.31 $21,412.07 $0.00 $13,584.62 $335.00 $115.50 $0.00 $0.00 $308,238.14 In addition, principal resolved. document interest at the rate of $75.39 per day on the unpaid balance will continue to accrue until the default is Any payments which are allowable under the mortgage and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiu~s necessary to protect the Plaintiff, or any reasonable costs necessary to protect the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $308,238.14 plus interest and late charges at the contract 5 rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: October 16, 2001 Respectfully submitted, Comroe Hing LLP David .~Comroe, Esquire SupremeCourtI.D. 25694 Attorneys for Plaintiff 6 for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Nol~hWardly 350 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 co,s~o ~.,.~c~ s~wc~o Con .~ennsylvania 736° s Kr~.~ ~°~'~ot ~1 Notice Tempe, Arizon~ 8~z~'4~8~ ..... 888-3~5-g733 CONSECO. NICHOLE$ YANICH 3130 SPRING RD CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 10, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the naturo of the d~fanlt is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE pROGRAM (HEMAP) may be able to help to save your hun~. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take th~s Not,ce with you when you meet wtth the Counsehng Agency The name, address and phone number of Consumer Credit Counseling Agendas survmg your County are e~cloSad with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-g00-342- 2397. (Persons with impaired hearing can call (717) 780-1869). If you have any questions, rgpresentarlves at the Consurt~ Credit This Notice contains important le~ai in fommtion. . Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADIUNTO ES DE SUMA IMPORTANCIA, plIES AFECTA SU DERECHO A cONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEN1DO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSI}IG FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA LIN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H1POTECA- CONS£CO FINANC[ SI~RVlCING CORP. 7360 $ Kyrene Road CONSECO:_ D~e: 4110101 TO: NICHOLES YANICH 3130 SPRING RD CARLISLE, PA 17013 9575 3248 Loan No.: 6902557823 Mortgaged Ft~.-,;ses: 3131 SPRING RD CARLISLE. PA 17013 167404470 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY W1TH 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, TBMPORARY STAY OF FORECLOSURE --- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must an'anga and attend a "face-to-face" meeting with anc of the consumer credit counseling agencies listed at thc end of this Noticc. THIS MEETING MUST OCCUR WITHIN TI-IB NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. TI-lB 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 yon meet unth one of the consumer ercdtt counsehng agencies hs~ed at the end of this Notice, thc lander may NOT take action against you for thirty (30) days after thc date of this mooting. The names, addresses and telephone numbers of destgonted consumer credit counseling agancles for the county m whlch the property is located are enclosed with this Notice. It is only necessary to schedule one fece-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -~ Your mortgage ts tn default for the reasons set forth later tn thts NoUco (see about the nature of your default.) If you have tried and ate unable to resolve this problem following pages for spccitlc information ............ ,. Em,,~ancv Mortgage Assistance Program. with the lender, you have the right to apply for financial ass~stancc from me nom;u.,,,,~, - "~' ' ' ' ' one of the To do so, you must fill out, sign and filc a completed Homeowner's Emergency Asslstenca Program Appbcat~on vath designated consumer credit counseling agencies listed at thc end of this Notice. Only consumer credit counseling agnncies have applicatluns for the program and they will assist you in submitting a complete application to thc Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-fecc meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTI-IBR TIME PERIODS SBT FORTH IN THIS LE'I-I't,.R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECO, CONS£CO FIt~ANCE SERVICING CORP. 7360 $ Kyrene Road Tempe, Arizona 85z83-4583 ~g.RS-3 z 5-8? 3_~ ..... e msi~ee ~e v~ limit~. ~ey ~11 ~ disbum~ by the Ag~cy AGENCY A~XON ~ Avall~le ~n~ Ior ~cy n~-~ und~ the eii~bili~ ~t~a ~mblisbed by ~e A~. ~e p~n~ylvmia Mousing Financ~ Ag~ey hm ~ix~ (60) ~ys ~ ~e a &eision a~ it recMws your application. D~ng ~m fi~, no f~eios~ ~in~ will ~ p~u~ a~in~t you if you h~w met ~e fi~ mqui~ s~ f~ abow. You ~11 be notifi~ di~ly by ~ p~n~lv~ia Ho~ing Fin~ee Ag~cy of i~ &cleon ~ ~ut applie~on. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANICRUPTCY, THE FOLLOWING PART OF TH1S NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERP-D AS AN A'I it:MPT TO COLLECT TIIE DEBT. (If you have filed bank~ptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURF. YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -~ The MORTGAGE debt held by the above lender on your property located at: 3131 SPRING RD, GARLISLE, PA 17013 iSSERIOUSLYINDEFAULTbecansa: A. YOU HAVE NOT MADE .......... .~"~*~': on. Other char~ee (explaln/itermze): are now past due:2///01- $1379.3'~, 3/6/01-$1~?.~.-~4, ,wr~vt ~,~=~ Charges: $3070.89. TOTAL AMOUNTS PAST DUE: $8320.56. B. YOU HAVE FAILED TO TAICE THE FOLLOWING ACTION (Do not use ~f not apphcnble). - HOW TO CURE TH~ DEFAULT ~ You may cute the default within TEIRTY (30) DAYS or'the date of thia notice MY PAYING THE TOTAL AMOUNT PAST DUE TO TI-IE LENDER, WHICH IS $8320.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIIE THIRTY (30) DAY PERIOD. payments must be made either by :ash, ,_ __.~ ..... ~.l., ..,a Grot to' Consecn Fbi,~aa. 7360 So Kvrane Rd_ Tenme. AZ 85253 cashier's check, certified check or money eraer rmo~ p., (do not send cash), You can cu~ any other default by taking the follovnng notion w~thm THIRTY (30) DAYS of the date of thru letter: (Do not use if not applicable.) . IF YOU DO NOT CURE THE DEFAULT -- If you do not cum the default within THIRTY (30) DAYS of the date of this Notice, This means that the ~ntir~ out~tandin$ balance of this debt the l~ndar iht c-ads to ex~tciso its rights to accelenate the mortf, age debt. If full payment of the will be consider~xl due immediately and you may lose the chance to pay the mortgage in monthly installments. total amount past due isnot rande within THIRTY (30) DAYS, the lender also intends to mmru~t its attorneys to s~rt legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ~ The moagaged property will be sold by the Shedffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the dalmquency before the lender begins legal proeeeding~ you, you will still be requi~d to pay the re~onable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be m:lded to the amount you owe the lender, which may also include other reasonable costS. If you cute the default within the THIRTY (30) DAY period, you will not be rnquired to pay attorney's fees. OTHER LENDER REMEDIES ~ The lander may also sue you p~-rsonally for the u~paid principal balance and all other surm due under the mortgage. CONSECO. CON$£C0 ~INANCE $1LRVICING CORP. 7360 S Kyrene Ro~d Tempe. Arizona 85zg3'458~ 8ga-3 [ 5-8733 RIGHT TO C~ ~ DEFA~T P~OR TO S~'S SALE --' lfyou have not cu~d ~e default ~thin ~e ~ (30) DAY ~ md foreclos~e pr~ding~ have b~un, you ~11 have ~e fi~t to c~o ~e def~lt ~d ~v~t ~e ~le at my time up to one hour ~fore ~e Sh~s Sale. You ~y do so by patna ~e to~ ~t ~ prat due, plus ~y l~e ~ 0~ ch~ th~ due, ~d ~y o~ corn c~nc~ed with re~ble a~ey's f~s ~d co~ conn~cd ~ ~c fo~los~ ~lc C~ng yo~ de~ult in ~e ~n~ ~ fo~ in ~is notice ~11 r~tm yo~ monsas~ to ~c ~c ~sifi~ ~ if you had nev~ de.ult.. EA~BST POSSIBLE S~'S SA~ DA~ ~ It ts ~ted ~at ~e ~h~t ~e ~at such a Sh~s S~e of~e mongas~ ~e of~is Nofi~. A nogce of~e ~ ~e of~e Sh~s ~ could ~ held would be ~xi~ly one m~ from ~c You Sale ~11 ~ s~t to you ~fore ~e sale. Of coup, ~e ~t n~d to ~ ~e dealt ~11 in~ ~e lons~ you wait. find out at ~y time e~y w~t ~e ~quff~ pa~t or a~on ~ll ~ by c~n~ ~c I~d~. HOW TO CO~A~ ~ LENDER: N~ ofL~: Con~o Fin~cc Cons~ Discount Co~y Phone Num~: F~Hu~ 60~333~0 ' of~c ~Sa~ ~ ~d EF~ OF S~'S SA~ -- You should ~hze ~ a Shm~s Sale ~ll ~d your o~htp yo~ fi~t to ~py it. If you c~finuc to live in ~e ~ ~ ~e Sh~Ws S~e, a lawsuit to ~ve you ~d your ~ishin~ and oth~ ~lcn~n~ could bc ~d by ~c l~d~ at ~y time. A~ON OF MO~AGE ~ You . ~y ~ ~X ~y not (C~CK ONE) ~ll ~ ~sf~ yo~ how~ to a buy~ YOU ~Y ALSO ~ ~ ~ TO SELL ~ PROPE~ TO OBT~ MO~Y TO PAY OFF ~ MORTGAGE DEBT TO BO~OW MO~Y F~OM ~O~ L~G ~STI'~ ~ON TO PAY O~ ~S DEBT. ~- TO ~ ~S DBFAST C~D BY A~ T~ PAR~ A~G ON YO~ BEEF. ~ TO ~ ~B MORTGAGE ~O~D TO ~ S~ POSI~ON AS IF NO DBFAST ~OWE~ YOU ~ NOT ~ ~S ~D ~C~D, IF YOU C~ ~ DEFA~T, ~ CALENDAR ~G~ TO C~ YO~ DBFAST MO~ ~ ~B ~S ~ ~A~) ~ TO ASSERT ~ NO~E~S~NCB OF A DBFAST ~ A~ FO~CLOS~ P~OCEBD~G O~ ANY O~ MWS~T ~S]'I'I ~D ~E~ ~ MORTGAGE ~S. ~ TO ASSERT A~ O~R DEFENSE YOU BELIE~ YOU ~Y ~VE TO SUCH BY ~ LENDER. ~ TO SEEK P~OTE~ON ~EK ~ FEDE~L BAN~ ~W. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File co~s~co V,~ANcS S~RV,C,NO COR.~ennsylvania .~o S K~r¢.e Ro,,~et 91 Notice Tempe. Arizona 85z83'45 ~3~ 885-3 t 5-8733 CONSECO JALOILMA yANICH 3130 SPP. fNG RI) CAP.LISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 10, 2001 This is an official unticc that thc mortgage on your home is in default, end the lender intends to foreclose. Specific information about thc nature of the default is provided in thc attached pases. Thc HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-IEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAl' can help, you must M~ET WITH A CONSUlVIER CREDIT cOUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A~ency. Thc name, address end phone number of Consun'm' Credit Counseling Agencies serving your County are enclosed with this Notice. If you have eny questions, you may call thc peunsylvenia Housing Finencc Agency toll free at 1-800-3,$2- 2397. (persons with impaired heating can call (717) 780-1869). If you have any qucatlons, representatives at thc Consumer Credit This Notice contaB,.a impomnt lc{al information. . Counseling Agency may be able to help explain it. You may also went to contact an attorney m your area. The local bar samociatiun may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A cONTINUAR VI'v'IENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIiqCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. pUEDES SER ELEGIBLE PARA UN pRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE pROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIM1R SU HIPOTECA. CoNSECO-.. Date: 4/10/01 TO: IALORMA YANICH 3130 SPRING RD CARLISLE, PA 17013 9875 3255 Loan No.: 6902557523 Mortgnge,~ Premises: 3130 SPRING RD CARLISLE. PA 17013 210543435 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASsIsTANcE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU cOMPLY 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 FIIWANCE AGENCY· TEMPORARY STAY OF FORECLOSURE '-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage fur thirty (30) days from the date of this Notice. During that time you must arrange and aftond a"fane-to-fane" meeting with one of tho cunsumcr credit counseling agencies listed at the end of this Notice. THIS B/fi, STING MUST OCCUR WITHHq THE NEXT (30) DAYS· IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ~ If you meet with one of the consumer credit counseling a~encies listed at the CONSUMER CREDIT COUNSELING AGENClESasainSt you for thirty (30) days after the date of this meeting. The nameS, end of this Notice, the lender may NOT take action addresses aud telephone numbers of d~l~nated consumer credit counsehn$ asenoce for the county m which the prol~n'Y is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your '~ppte~ ~I°~TION FOR MORTGAGE ASSISTANCE--Your mo'~gage is in default for the--oas set forth later in this Notice following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem - ' encial assistance ~ the Homeowner's Emergency MortgaSe Asmstance Pro,ram with the lender, you have the right to apply lot un'' and file ~ completed Homeowner's Eme~encY Assistance Pro,ram Application with one of the To do so, you must fill out, si~n designated consumer credit counsehns asenc~es hated at the end of this Not~ce Only consumer credit counseling agone es have applications for the pro,rem end ~hey will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be fled or postmarked within thirty (30) days of your fac~to-face meeting. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER YOU MUST FILE YOUR APPLICATION PROMPTLY. PROCEED AGAINST YOUR HOME IMMEDIATELY TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECO,_ CONS£CO ~INANC£ ~ERV$CING CORP. 7360 $ Kyren¢ Road AGENCY ACTION ~- Available funds for ¢mergancy mortgage ~gs~ce und~ the ali~biliW ~t~a emblisbed by the A~. ~e P~nsylv~ia Ho~in~ ~in~ce ll~cY ha {x~ (~) days to ~e a d~sion a~ it mceiv~ your applicagon. Dugn~ ~at time, no f~cloaure pr~dinis will be pu~ued ag~nst you if you have met the gme r~uir~ sa fo~ a~ve. You ~11 be no~fied direly by your applicagon. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION pURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT· (If you have filed bankrupr~y you cea still apply for Emerg,mcy Mortgage Aasiatauce.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --- The MORTGAGE debt held by the above lander on your property located at: 3130 SPRING RD, CAR.LISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE M_Oi_' e, ~-n ma a/6/01-$2496.99. Other charges (expllunAtemlz%: ....... are now past due'.2/6/01 - $1379.34,3/6/01 -,, · -~ ?,._-,.~-- ,-~,~-~ ~, Charges: $3070.89. TOTAL AMOUNTS PAST Due,: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE TH~ 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 $8320.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD. Paymants must be made either by cash. . . _ ,_ _-a ...... ~.~, o,,,t *~nt to' Conseco Finnnce. '/360 So Kvm~ne Rd- Te~e. AZ 85253 cashier's check, certifien cneclc or money oruer ~ I~-~ ........... ' ' ' (do not send cash). You cau ~ure ~y other default by taking the following action within TI-IXRTY (30) DAYS of the data of this I~cter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default w~thm THIRTY (30) DAYS of the date of this Notice, the lender intands to exerclse ~ts rights to accelerate th~ mort{age debt This mesas that the anUre outs~ndm$ balauue of th~s debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full paymant of the total amount past due is not made within THIRTY (30) DAYS, the lander also intands to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ~ The mortgaged property will be sold by the Sheriff to pay off the mortgage If the lander refers your case to its a~orneys, but you cure the deiinquancy before the lander begins legal proceedingS against debt. However, if legal proceedings are you, you wilt still be required to pay the reasonable auomey's fees actually incurred up to $50.00. started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lander, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY Pofiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -~ The lander may also sue you personally for the unpaid principal balance and all other sums due under ~he mongags. CONSECOo 7360 S Kyrcne Road RIGHT TO CURE THE DEFAULT pRIOR T~ SHERIFF'S SALE ~ If you have not cured the default within the TI-ERTY (30) DAY period and foreelosure proceedings have begun, you still have the right to cure the default und prevent the sale at any time up to one hour before the Sheriff's Sale. You r~y do so by pa~ng the total amount then past due, plus any late or other charges than due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connocted with the Sh~iff's Sale specified in writing by the lender and by performin8 any other requirements under the mortgaga. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ~ It is estimated that thc earliest date that such a Sheriff's Sale of the montaged property could be held would be appwximately unc month from the date of this Notlcc. A notiee of the actual date of the Sh~ii~'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 cuntactmg the lander HOW TO cONTACT THE LENDER: Name of Lender: Consaco Finance Consumer Discount Company Address: 7360 So Kyrane Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number:. 602/333-64~0 Contact pcrsun: Ruth Hernandez a Sheriff's Sale will and your ownership of the mortgaged prol~'n'Y and EFFECT OF SHERIFF'S SALE -- You should realize that ' ' your right to occupy it. If you continue to live in the propet~y al~cr the Sheriff' s Sale, a lawsuit to remove you and )'our fumt shrugs and other belongings could be started by the lander at any time. AssiGN OF MORTGAGE ~ .GU ~ .. ~._.~..a ~ all thc outstanding palmlants, charges aaa auomv~, · or transferee who will assume the mortgaga acm. pLv,,,.~,- -- . am paid prior to or at the sale and that thc other requiremants of the mortgage arc satisfied. YOU MAY ALSO HAVE THE RIGHT: SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR ~ TTOo BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ~ TO HAVE THIS DEFAULT cURED BY ANY TH1RD PARTY ACTING ON YOUR BEHALF. -- TO H~VE THE MORTGAG£ RESTOI~ED TO THE SAME POSITION AS IF NO DEFAULT (HowEVER, YOU DO NOT HAVE TH~S HAD occURRED, IF YOU cURE THE DEFAULT, ANY CALENDAR RIGHT TO CURE YOUR DEFAULT MORI~ THAN THREE TIMES IN YEAR-) -~ TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. ~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO sUCH ACTION BY THE LENDER. ~ TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File DAVID B. COMROE GLENN F. ltlNG LAW OFFICES CoNIROE HING LLP SUITE 1400 1700 MARKET STREET (215) 568-5560 ROBERT J. WILSON BLAIR KALISH ADLER DATE: September 14, 2001 To: Rachel E. Marte 3128-3130 Spring Rd. Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. TheHOMEOWNER'SMORTGAGEASSISTANCEPR RAM HEMAP ma beabletohel to ~ l'mnshowthe m amworks. To see if HEMP can hel ou must MEET WITH A CONSUMER CREDIT COUN ELING AGENCY WITHIN 30 DAYS OF THE DATE F THIS N TI E. Take this Notice with ou when you meet with the Counseline Agency. Thenameaddressand honenumberoftheConsumerCreditCounselin A eric servin our oun arelistedattheendofthisNotice. If ouhavean uestions ouma callthePenns lvaniaHousin Finance A eric toll free at 1-800-342-2397. Personswithim airedhearin cancall 717 780-1869. This Notice contains important legal information. If you have any questions, representative at the Consumer Credit Counseling Agency may be'able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, pLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE BSTANOTIFICACION OBTENGA UNA TRADUCCION INMED1TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY)SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLB PARA LIN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALpUEDE SALVAR SU CASA LAPERDIDADBLDERECHO A REDIMIR SU HIPOTECA. TI-SS IS A PROCESS THE PU.-R. POSE OF WHICH IS TO COLLECT A DEBT AND ANY }lqPORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. HOMEOWNERS NAME(S): Nicholas Yanich Jalorma M. Yanich Rachel E. Marte PROPERTY ADDRESS: 3128-3 l 30 Spring Rd. Carlisle, PA 170135 LOAN ACCT. NO.: 6902557823 ORIGINAL LENDER: Green Tree Consumer Discount Company Conseco Finance Corporation fica Green Tree CURRENT LENDER/SERVICER: Consumer Discount Company HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE pAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURe.--Under the Act, you are entxtled to a temporary stay of ~'oreclo sure on your mortgage for thirty (30) days from the date o f this Notice. During that time you must arrange and attend a'%ace-to-face" meeting with one of the Consumer credit counseling agencies listed at the end of the Notice· TI-II MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE A SISTANCE YOU MUST BRIN YOUR MORTGAGE TO DATE. THE pART OF THIS NOTICE CALLED "HOW TO CURE Y UR MORTGAGE DEFA T" EXPLAINS HOW TO BRIN YO MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--If you meet with one of the Consumer credit ~ounseling agencies listed at the end of this notice, th~-lender mayNOT take action against you for thirty (30) days after the date of this meeting. The names and addresses and telephone numbers ofdesi~nated. of this notice. It is onlynecessaryto scneame one mce-to-~=~; ~Jn~...d ' ; ~f your intentions. APPLICATION FOR MORTGAGE AS SISTANCE--Your mortgage is in default for the reasons set · ' , . win ames for speciJc information about the nature of your default.) If forth later in this Notme (see, f, oRo g,P-.~",hl, ,,rabl with the lender, you have the fight to apply for you have tried and are uname to reso~w ,...~ ~- .... em financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must d Homeowner's Emergency Assistance Program Application with one (~f frll out. sima and file a complete .......... ,~ ~ ~.,~ ,,¢this Notice. Only Consumer credit the designated Consumer credit counsetmg agencies asteu a~ m~ ~-,~,~ counseling agencies have applications f° the pr°gram and they will assist Y°U in submitting a c°mplete apolicafion to the pennsylvania Housing ~ance Agency. Your application MUST be filed or postmarkefl w~thin thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. emer eno mortgageassistanceareverylimited. Theywillbe 'r~r:XTt~¥'A~-~ I N._Available funds for g Y ........ ~--a~t It' eXtremelv important that AGENCY AC. TI.ON - -~._ ~:~,m,,, criteria estam~snenoY m~ .......as _ disbursed by the Agencyunaer me ,,,r~,,,,~ your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has , receives our application. During that ~tim. e, ,no fo~,cl°sur.,e, · ake a decision after it Y . · et tortla anove. ~ou wm stxty (69) days. to m - ' ave met the t~me reqmrements s.. . . roceedm swfllbepurs.ued,,agmnstyou.tfyo_u.~:_~ ~;,,o,,~ ~,~encv of its demsmn on your apphcatmn. P .~ g, ...... ,- ....l, ennsvlvama Hou~m~ ~ ......... ,, be notlllea alrecuy oy u,~ CURRENTLY PROTECTED BY THE FILING OF A PETITION IN NOTE: IF YOU ARE FOR INFORMATION BANKRUPTCY, THE FOLLOWING pART OF THIS NOTICE IS PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed a bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date. NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 3128-3130 Spring Rd., Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS The following amounts are now past due: $10,986.72 Monthly Payments February 2, 2001 through September 14, 2001 payments at $1,373.34 each $ 1,098.64 Late Charges February 2,2001 through September 14,2001 payments at $137.33 each $12,085.36 TOTAL AMOUNT PAST B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date ~fthis notice BY PAYING THIg IOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,085.36 total, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY DAY pERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance Corporation fka Green Tree Consumer Discount CompanY 7360 Kyrene Road Tempe, AZ 85283 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable.) ~ YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS · , o exercise its rights to accelerate the mortgage debt. - this Notice, the lender intends t . _ · idereddueimmediately andy~uma, y ofthedate0.f ...... ,: .... ~,,,,din;,balanceofthisdebtwlllb.~e~c°.? ---,,tr~f'the talmount astdue~s · mc ..... o . to P This means mar me cn ' hl tnstallments, ti mn paying. ........ action lose the ch .a~.ce to~.pa~,y~,e~ ~m,o~g~aag~)qn ~mf~te~Yde so intends to instruct Its attorneys to startlegal notmadewlttun it-taxi x ~.ow,--~-,~, .........ral to foreclose upon your mortgaged 1)ropertv_. 50.0 . ~iod ou will not be re_~quired to pay attorney's fees. OTHER LENDER REMEDIES--The le~1Alibscalh~e and other sums due under the mort a e. You cannotbe sued ersonall ff ouhave ommnea a in a Bankru tc roceedin · kn that circumstance suit will be for ro crt onl . ~,;*hlntheT ~thff-sSale'Y°uma doso ~e de~and revent the sale at an tn-ne u to one nu~ and costs co · err¢ ulrementS tUlU · DEFAULT IN THE MATI~tt ~na r,-,~-- ULTED. MORTGAGE TO THE SAME POSITION AS IF YOU HAD NEVER DEFA ~ ~, ~o ~eh ~date °ft?bs~ ofthemort a ~- ~,~ ,- ., . ~.,__ex.~..4~~~,'t;-,.~exactlv tic~uma fmdoutatan ttmeexacu araounlneeue_u. ...... ~ ~ contactin t~e leno~r. HOW TO CONTACT THE LENDER: N~ame of Creditor: Conseco Finance Consumer Discount Company Address: 7360 Kyrene Road, Tempe, AZ 85283 Phone Number: 1-888-315-8733 Fax Number: 1-480-333-6457 Contact Person: Customer Service EFFECT OF SHERIFF' S SALE--You should realize that a Sheriffs Sale will end your ownership of the · '.If ou continue to live in the property after the Sheriffs ~ ort a ed ropertyandyournghttooccu, py)t_ Y a,,th~r c,i ascouldbestartedbythelenderat Sale, a lawsuit to remove you anu yum ~,~,~, any time. u may or ._X may not (check one) ' TO SELL OR OF MORTGAGB-- Yo ~ .... ;.w^xie~rp~.EWHOWILLASSUMETHE TRANSFER TH~ ~u u ~ n~ .... 0 MORTGAGE DEBT, pROV~ED T~T ~L THE OUTST~G pAiNTS, C~GES ~ ATTO~Y'S FEES ~ COSTS ~ P~ p~OR TO OR AT THE S~E ~ THAT THE OTHER ~Q~MENTS OF ~E MORTGAGE ~ SATISF~D- YOU ~Y ~SO HAVE T~ ~GHT2 Y TO PAY OFF THE MORTGAGE DEBT OR . ,n ~7.LL THE pROPERTY TO OBT~~ST~iON TO PAY OFF TInS DEBT. ~ff~2 0 W MO~Y FROM ~O~K bm,~u,u ~, ACT~G ON YO~ BEEF. · TO ~VE THIS DEFA~T C~D BY ~ TH~ p~TY . TO ~ ~ MORTGAGE ~STO~D TO ~ S~ POS~ION ~ ~ NO DEFACT ¢ (HO VER, YOUDO OT AVE maHT Occ~D, ~ YOU C~ T~ DEFA~T. ~ ~ C~E~ YE~.) TO C~ YO~ DEFA~T MO~ T~ T~E T~ES · TO ASSERT THE NO~STENCE OF A DEFA~T ~ ~ FO~CLOS~ pROCEED~G OR ~ OTHER LAWSUIT ~STITUTED ~ER THE MORTGAGE DOC~ENTS, · TO ASSERT ~ O~R DE~NSE YOU BELm~ YOU MAY ~VE TO SUCH ACTION BY THE LE~ER. B~TCY LAW. . TO SEEK pROTECTION ~ER THE FEDE~ A LIST OF THE CONSUMER C~DIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED HE.TO ery truly yours, ~OE, ESQUIRE CERTIPIED MAg/RETURN RECEIPT REQUESTED This is a process the purpose of which is to collect a debt and any information obtained from you or anyone else will be used to that end. CCCS o£ Western Pennsylvania. Inc. 2000 L/ngles~Wn Enad Hardsburg~ PA 17105 (717) 541-1757 Urban League of Mem-Opeliua.u Harr~bur~ N. 6th S~ree: Harrisburg, PA 17101 (717] 234-5925 FAX (717) 234-9459 Community Ac:ion Corem or,he Capital Re~ion 1514 Deft7 Street Harrisburg. PA 17104 (717) 232-9757 FAX (71_7_) .2~4~_2227 - CUMBE~ COUNTY F/nanc/al Counseling Services of F~anklin 31 West 3rd St:tee: Waynesboro, PA 17268 (717) 762-3285 Y~ICA of Carlisle 301 G C~rlizle, PA 17013 (717) 243-3818 FAX (717) 731-9589 A,~.,~q County Housing Aut2/ority 139-143 Carlisle St Get. burg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Comroe Hing LLP By: David B. Comroe 1608 Walnu~ Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Matte 3128-3130 Spring Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in the amount of $317,759.42 in favor of the Plaintiff and against the Defendants for failure to file an Answer in the above action within twenty (20) days from the date of service of the Complaint and assess Plaintiff's damages as follows: (a) Principal Debt (b) Late Charges at $137.33 per month from 02/06/2001 to 02/12/2002. (c) Interest from 01/06/2001 through 02/12/2002 at $75.39 (d) Total Escrow Deficit to date (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE DATED: February 12, 2002 Damages assessed as above this day of $271,692.31 $1,647.96 $30,384.03 $0.00 $13,584.62 $335.00 $115.50 $o.oo $o.oo $317,759.42 Respectfully submitted, Co~ng LLP BY: ~ ~ David-~. C~re Attorney for Plaintiff , 2002. Pro Prothonotary Comroe Hing LLP ~'~: David B. Comroe Identification No.:25694 1700 Market Street, Suite 1400 Philadelphia, PA 19103 215-568-0400 Attorneys for Plaintiff Conseco Finance Corp., fka Green Tree Consumer Discount Co. Plaintiff VS. Nicholas Yanich, Jalorma M. yanich, Rachael E. Marte and Defendants TO: Nicholas Yanich, Jalorma M. Yanich, Rachael E. Marte and : IN THE COURT OF COMMON PLEAS : OF CUMBERLA/krD COUNTY CIVIL ACTION - LAW : :ACTION OF MORTGAGE FORECLOSURE : Term : No. 01-6389 CIVIL TERM : IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 (717) 249-31.66 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUEHAFALLADO EN TOMARLA ACCION EXIGIDA DE SU PA/~TE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA PECHADE ESTE AVISO. SE PUEDE REGISTRAR UNA SEN-TENCIA CONTRA USTED. SIN EL BENE~ICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEQAD 00STROS DERECHOS IMPORTANTES. USTED DEBE 'LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENEUN ABOGADO Y NO PUEDE PAGARPOR LOS SERVICIOS DE UN ABOGADO. DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: Cumberland County Bar Association 2 Liberty Ave., CarliSle, PA 17013 (717) 249-3166 DATE OF NOTICE/SERVICE: December 21, 2001 David B. Comroe THIS IS A PROCESS THE PURPOSE WHICH TO COLLECT ADEPT ~ ~ INFORMATION OBTAINED FROM YOU OR. Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL 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, December 21, 2001. tS~ .Om sRN/_~TO AN [D~B S C R I]BE~a~e of ~ r e~ First-class Mail on ~vf~ B ~~.~_~qui r e Attorney for Plaintl~ , 2002. NOTARIAL SEAL THERESA A KIESEL, Notary Publ c City of Philadelphia Phila, County My Corem ssion Expires August 15, ~ Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Matte 3128-3130 Spring Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL Defendants David B. Comroe, captioned matter, hereby certifies Emergency Mortgage Relief Act, P.L. December 23, 1983 have been met. ~~AD~t~Comroe, Esquire f~ P~tiff Sworn to and subscribed before me this IX , day of ~~ , 2002. Notary Public ~ CERTIFICATION Esq., Attorney for Plaintiff in the above that the provisions of the 1688 No. 621, as amended, NOTARIAL SEAL THERESA A KIESEL, Notary Pub c · ~City of Philadelphia Phi a County ~,___.r~y commission Expires Aug~Js!. 15._ __2002 NO~-MILITAR¥ AFFIDAVIT STATE OF : : COUNTY OF : SS , being firs~ duly sworn on oath deposes and says: 1. Tha~ I am employed by the ~laintiff herein as servicer of the.mortgage~ 2. That the captioned individual(s) are the owaars of the premises described in the mortgage or deed of Crust. 3. That the collection procedures of the Plaintiff are desip~ed to discover.facts concerning the titleholder's occupations and military status. · . ~ 4. That' said procedures were followed in connection with the current delinquency. 5. That, on information and belief, that captioned titleholders are not incompe~an~ or in any brakch of the military service. Sworn to and subscribed before me this ;~q~ day of ~, '~m. · 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 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company '-7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 VS. Plaintiff Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 3128-3130 Spring Road, Carlisle, PA, 17013 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $317,759.42 Interest from 2/12/002to 6/5/2002 @9.99% $7,131.57 ~a~id~omroe~ Attorney for Plaintiff DESCRIPTION ALL THAT .CERTAIN tot of ground situate in Middlesex Township, Cumberland County, pennsylvania, bounde~i and describecl as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosscr; thence Wes~vardly along lot of the said Blosser 622 feet to an iron pin in linc of a lanc or alley; thence along the Eastern line of said lane or alley, Northwardly 3~0 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell $13 feet to a point in the center of the said road; thence along thc center of said road 250 feet to a point, uhe place of Beginning. TAX PARCEL//21-13-0968-022 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 .(215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3128-3130 Spring Road, Carlisle, PA 17013: 1. Name and address of Owners or Reputed Owners: Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 Rachael E. Matte 3128-3130 Spring Road Earlisle, PA 17013 2. Name and address of Defendants in the judgment: Date Service Code Nicholas Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Rachael E. Matte 1 3128-3130 Spring Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code · Name and address of the last recorded holder of every mortgage of record: Date Service Code Source One Mortgage Corporation / / 27555 Farmington Road 2 f~ O2 ~ Farmington Hills, MI 48334-3357 Beneficial Mortgage Corporation / / 100 Business Center Drive Suite ~ /% ~Z ~ 202 Route 22 Brewster, NY 10509 National Central Bank / / 222 Market St. ~ WL ~ ~ Harrisburg, PA 17108 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 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. Date Service Code Commonwealth of Pennsylvania, , 3 Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare ~ } ~_ 3 P.O. Box 2675 Harrisburg, PA 17105 Family Court f(~/ 3 Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Plaintiff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 .(215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Matte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 3128-3130 Spring Road, Defendants Carlisle, PA 17013 to be sold at Sheriff's Sale on June 5, 2002. As required by PA R.C.P. 3129.2 (a) Notice of Sale has been · given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 12, 2002 Davl~-d~$~C~c .... ~e Attorney for Plaintiff DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing, com Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389.CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. .This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners'and ~eputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PH/LADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www. comroehhag.com DAVID B. COMROE GLENN F. FmqG ROBERT J. V~LSON BLAIR KALISH ADLER Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, .a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PI-I]I,ADELPFIIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing, com DAVID B. COMROE GLENN F. Fn'NG ROBERT J. WILSON BLAIR KALISH ADLER Family Court Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 RE: February 12,2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. uly DBC/jb DAVID B. COMROE GLENN F. HiNG ROBERT J. WILSON BLAIR KALISH ADLER LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103 -3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.¢omroehing corn Source One Mortgage Corporation 27555 Farmington Road Farmington Hills, MI 48334-3357 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. ~r~r truly ~o~ /~ :(/hq. ..... Dav~-~-~. ~roe~ Esquire DBC/jb DAV~ B. COMROE GLENN F. I-tiNG ROBERTJ. WILSON BLAIR KALISH ADLER 'Beneficial Mortgage Corporation 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 RE: LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehing, com February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. Davl~.~o~roe~-Esquire DBC/jb DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER National Central Bank 222 Market St. Harrisburg, PA 17108 RE: LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.comroehiag.com February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb U.S, POSTAL SERVICE CERTIFICATE OF MAILING ! ~*,' . . ~ I~l~/ } 'M~ BE USED FOR DOMESTIC AND INTERNA~ONAL MAIL, DOES NO~ ~ f PHIL~ELPHIA, PA 19103 L~8 i ZO.ZI :SL'O~ U.S~ POSTAL SERVIC~E CERTIFICATE OF MAILIN~G MAY RE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER usPu~ CERTIFICATE OF MAILING ~NATIONAL MAIL, DOES NOT , PROVIDE FOR INSURANCE-POSTMASTER Received From: COMROE HING LLP PHILADELPHIA, PA 19103 /4~t~ One piece of ordinary mail .ddres,ed '0: ~t~:' BENEFICIAL MORTGAGE CO~~5~7 IOU ~USLN~S ~N'I'~K DRIVE ROUTE 22 [ u.% POSTAL SERVICe_ CERTIFICATE_ OF. MAILING_ /MAY BE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT ~.PROVIDE FOR 'NSURANCE--POSTMASTE~ , ,.c.,v.dE,om: 1608 WALNU~~%,~_~ r [ O~One piece of ordinary mail addressed to: CO~)O~;~.~~~ (CONSECO v$ VaWTntl/ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R.c.,ved ~ro= P"ILADELPHIA, PA 19103/'_~'~'~ F.O. BOX_Z20_ _ (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Ib0 PS Form 3817, January 2001 u.s. POSTAL SERVICE CERTifiCATE OF M__.~_u_INC MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NO9 PROVIDE FOR INSURANCE--POSTMASTER Received From: COMROE HING LLP One piece of ordinary mail addressed to: P.O. BOX 2675 ~ISBURG. PA 17105 (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 u s.. eOSTA~ SEaWCE C RTIFI A--~'~~~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO' ~ROVIDE FOR INSURANCE--POSTMASTER Received From: COMROE HING LLP .... WALNUT S.RE~T, SUITE ~P_HILADELPHIA, PA 19103 One piece of ordinery mail addressed to' F~ILY COURT ' _ o~ coo~o~s~ (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 i.U.S. POSTAL SERVICE CF-~TiFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE--POSTMASTER Received From: , FA~INGTON HILLS, MI 48334-3357-~?~1 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff VS. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO:Nicholas Yanich and Jatorma M. Yanich and Rachael E. Matte Your property at 3128-3130 Spring Road, Carlisle, PA 17013 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $317,759.42 obtained by Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney 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 Sheriff of Cumberland at (717) 240-6930. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland at (717) 240- 6930. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumbcrland County, Pennsylvania, boundect and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Bloaser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carli.~le m New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly Of Harrison Brownswell; theace Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 · :..' · .' ..'..' :'..i'"' .:.'.....': :'.:' /'" "'".':'.'..;':'i'.:.'i": ".':.:".' ":'i:'..'"'..: "'. :'."..' : ".. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND I ss. Robert p Ziegler .................................................................... Recorder Deeds in and for said County and State do'herchy certify that the Sheriffs Deed in which Conseco Finance Serv Corp ................ .................................................................................... is the grantcc the sa,me having bee~ sold to said grantee on the 5th '- .............................................. day of June 2002 ........................................ A. D., ..' ..... , under and by virtue of a writ .............. Execution ................................................ issued on the 20th d~y - Feb 02 ..................................... o! .......................... A. D., ..... ~ out of the Court of Comman Pleas d said County'as of Civil .... - ............................................. Term, i ...... Numher ...... _6_3_8_9_.__, at the suit of- Conseco Fin Corp fka Green Tree C D C Nicholas Yanich Jalorma M Yanich & Rachael E Marte duly recorded in Sheriff's Deed Book No against 252 ~6~-0- ................... ~s ............. , Page IN TESTIMONY WHEREOF, I have hereunto set m~/~.Td and seal of said office this ~t.J.~day - .............. 4 Conseco Finance Corporation f/k/a Green Tree Consumer Discount Company VS Nicholas Yanich, Jalorma M. Yanich And Rachael E. Marte In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6389 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for terre tenants located at 3128-3130 Spring Road, Carlisle, Cumberland County, Pennsylvania, but was unable to locate them in his bailiwick. Address at 3128-3130 Spring Road, Carlisle, Pennsylvania is vacant. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2002 at 2:37 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description upon one of the within named defendants, to wit: Jalorma M. Yanich, by making known unto Rachael E. Marte, mother of defendant, at 6204 Edgeware Road, Mechanicsburg, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2002 at 2:37 o'clock P.M., EST, he served a true copy of the within Real Estate Writ, Notice and Description upon one of the within named defendants, to wit: Rachael E. Marte, by making known tmto Rachael E. Marte personally, at 6204 Edgeware Road, Mechanicsburg, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R.Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas Yanich, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now, March 21, 2002 at 4:21 pm served the within Real Estate Writ, Notice & Description upon Nicholas Yanich by personally handing to him one true attested copy of the original Real Estate Writ Notice and Description and making known to him the contents thereof at 217 Woodbine Street, Apt. #1, Harrisburg, PA 17110. So Answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 9:30 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nicholas Yanich, Jalorma M. Yanich and Rachael E. Marte located at 3128- 3130 Spring Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nicholas Yanich, by regular mail to his last known address of 217 Woodbine Street, Apt. #1, Harrisburg, PA 17110. This letter was mailed under the date of April 11, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jalorma M. Yanich, by regular mail to her last known address of 6204 Edgeware Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Rachel E. Marte, by regular mail to her last known address of 6204 Edgeware Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M.. He sold the same for the sum of $1.00 to Attorney David Comroe for Conseco Finance Servicing Corp. It being the highest bid and best price received for the same, Conseco Finance Servicing Corp of 7360 Kyrene Road, Tempe, AZ 85283, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $666.81, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 13.07 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.49 Certified Mail 4.50 Levy 15.00 Surcharge 40.00 Out Of County 9.00 Dauphin County 29.25 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 204.95 155.35 25.20 25.00 29.50 $666.81d by a~omey 06/19/2002 Sworn and subscribed to before me So Answers: This /~'~ dayof (_.~,/)~ __~~ ~~ t t R. Thomas 2002, A.D. (._~.~ t~ ~). ')'h.c~, ~ Kline, Sheriff Pr~honotary BY~J~)~~ Real EstateMgeputy 70O g Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3OO Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Plaintiff vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Matte 3128-3130 Spring Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3128-3130 Spring Road, Carlisle, PA 17013: 1. Name and address of Owners or Reputed Owners: Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Date Service Code Nicholas Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Jalorma M. Yanich 1 3128-3130 Spring Road Carlisle, PA 17013 Rachael E. Matte 1 3128-3130 Spring Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code Source One Mortgage Corporation / / 27555 Farmington Road 2 /Z 02 ~ Farmington Hills, MI 48334-3357 Beneficial Mortgage Corporation [ [ 100 Business Center Drive Suite ~ t% ~ ~ 202 Route 22 Brewster, NY 10509 National Central Bank / / 222 Market St. ~ FL ~ ~ Harrisburg, PA 17108 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 2 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. Date Service Code Commonwealth of Pennsylvania.~ 3 Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare ~ } ~__ 3 P.O. Box 2675 Harrisburg, PA 17105 Family Court/ J' 3 Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~,/~.2.//~'~.~. Plaintiff Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff 3O0 Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 Term No. 01-6389 CIVIL Defendants AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 3128-3130 Spring Road, 4 Carlisle, PA 17013 to be sold at Sheriff's Sale on June 5, 2002. As required by PA R.C.P. 3129.2 (a) Notice of Sale has been given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 12, 2002 Davl~B. ~=~e Attorney for Plaintiff 5 LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 www.coraroehing, com DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER Commonwealth of Pennsylvania Bureau of Child Support Enforcement P.O. Box 320 Carlisle, PA 17013 February 12, 2002 RE: Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. ~This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners'and ~eputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19t03-3914 (215) 568-0400 NUMBER (215) 568-5560 www. comro~hing, com DAVID B. COMP,.OE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, 'a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb LAW OFFICES COMROE HING LLP SUITE 300 I608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-$560 www. comroehing.¢om DAVID B COMROE GLENN F HiNG ROBERT J WILSON BLAIR KALISH ADLER Pamily Court Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if pursuant to a Judgment entered in favor of Defendants in the Court of Common Pleas of any, is being sold Plaintiff and against CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb DAVID B. COMROE GLENN F. H1NG ROBERT J WILSON BLAll/. KALISH ADLER LAW OFFICES COMROE H1NG LLP SUITE 300 1608 WALNUT STREET pHILADELP[-I~A, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 Source One Mortgage Corporation 27555 Farmington Road Farmington Hills, MI 48334-3357 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will b~ sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. ~ r,~rul y ~ /~ Davl~'d'~'.~mroe~ Esquire DBC/jb DAVID B. COMR. OE GLENN F HiNG ROBERT J'. WILSON BLA~ KALISH ADLER LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 w~v corm'oehing.com Beneficial Mortgage Corporation 100 Business Center Drive Suite 202 Route 22 Brewster, NY 10509 RE: February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Marte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. ~~roe, Esquire DBC/jb DAVID B. COMROE GLENN F. HING ROBERT J. WILSON BLAIR KALISH ADLER National Central Bank 222 Market St. Harrisburg, PA 17108 RE: LAW OFFICES COMROE HING LLP SUITE 300 1608 WALNUT STREET PHILADELPHIA, PA 19103-3914 (215) 568-0400 FAX NUMBER (215) 568-5560 w',wv. ¢omroehing.cora February 12, 2002 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company vs Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Docket No.: 01-6389 CIVIL Term Property Address: 3128-3130 Spring Road, Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY Dear Sir/Madam: Please be advised that the property and improvements, if any, as set forth above, will be sold by the Sheriff of CUMBERLAND County, One Courthouse Square, Carlisle, PA 17013- 3387 on June 5, 2002, at 10:00 AM. This property and improvements, if any, is being sold pursuant to a Judgment entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of CUMBERLAND County. The name of the owners, real owners and reputed owners of the aforesaid property is as set forth as the Defendants above. It has come to our attention that you might be a creditor to the Defendants named herein. Sheriff's Sale of the mortgaged property could adversely affect your interest if you are, in fact, a junior creditor herein. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and a distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date said schedule. You should check with the Sheriff's office by calling to determine the actual date of the filing of the said schedule. DBC/jb [~.S POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USSO FOR OOMESTtC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER u.s. POSTAL SERWCE CERTIFICATE OF MAILING MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT P~OVIDE FOR INSURANCE-POSTMASTER Received From: _ PHIL~ELPHIA, PA 19103 BENEFICIAL MORTGAGE oo ~u51~55 c~'l'~R O~ivz _ ROUTE 22 BREWSTER, ~ 10509 m U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, OOES NOT FA=INGTON HILLS, MI 48334-3357 -- !, U.S POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIOE FOR INSURANCE--POSTMASTER Received From: ~L,,,v~ L,~,,G LLP 1608 WALNUT STREET, SUI PHILADELPHIA, PA 1910 One p~ece of ordinary mail addressed to; I COMMONWEALTH OF PENNSY P.O. BOX 320 CARLISLE, PA 17013 (CONSECO VS. YANICH/JAMIE) PS Form 3817, Mar. 1989 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company 7360 S. Kyrene Road MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. Nicholas Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Jalorma M. Yanich 3128-3130 Spring Road Carlisle, PA 17013 and Rachael E. Marte 3128-3130 Spring Road Carlisle, PA 17013 ACTION OF MORTGAGE FORECLOSURE Term No. 01-6389 CIVIL Defendants ~OTICE OF SHERIFF'S SALE OF REAL PROPERTY TO:Nicholas Yanich and Jalorma M. Yanich and Rachael E. Matte Your property at 3128-3130 Spring Road, Carlisle, PA 17013 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 5, 2002, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $317,759.42 obtained by Conseco Finance Corporation, formerly known as Green Tree Consumer Discount Company against you. ~OTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take .immediate Dction: 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 OTHEI{ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland at (717) 240-6930. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland at /717) 240- 6930. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain 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 of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 350 feet to an iron pin at corner of land now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Perm. sylvan[a, bounaed and described as follows: BEGINNING at a point in the center of State Highway Route No. 34 leading from Carlisle to New Bloomfield, at corner of lot now or formerly of Robert Blnsser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along the Eastern line of said lane or alley, Northwardly 3.50 feet to an iron pin at corner of lan(l now or formerly of Harrison Brownswell; thence Eastwardly along land now or formerly of Harrison Brownswell 813 feet to a point in the center' of the said road; thence along the center of said road 250 feet to a point, the place of Beginning. TAX PARCEL #21-13-0968-022 WRIT OE EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6389 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO FINANCE CORPORATION, FORMERLy KNOWN AS GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From NICHOLAS YANICH, JALORMA M. YANICH, AND RACHAEL E. MARTE, 3128~3130 SPRING ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an 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 thereofi (3) If pr°perty °f 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 $317,759.42 L.L. $.50 Interest FROM 2/12/02 TO 6/5/02 69.99% $7,131.57 Atty's Corem % Due Prothy AttyPaid $174.95 Other Costs Plaintiff Paid Date: FEBRUARY 20, 2002 $1.00 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 REAL ESTATE SALE No ~ On March 8, 2002 the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, known and numbered as 3128-3130 Spring Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2002 By: 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 Frank J. Epler 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #28 NlcholiYanlch, Jelon~a M~Y~nlch ~nd Rachae~ E, Mafte Atty: David Comm~ D~ESCI~ION ALL THAT CERTAIN let of Found situate in ~ffiddlesex Township, Cumberland, County, Pennsylvania, bouacled and der~ib~l as follows: I)EOIHNli~ at a Feint in ~ center of StYe Eighway Route No. 34 leading from Cadide lo New Bla~field, at a corner of lot now or formed)' of Rot~rt Blos~: thence Wcstw~ly along lot of tie said Blosse~ 622 f~t to an im~ pin in line of a larie or alley, t~eace along the Easm~ line of said lane or alleY, No~wardly 350 to an iron pin at comer of land aow or I ~ o,~. a~S~:er iai) rn[e t~3i~ ,y/of 4 a)p-2~) . . ~ Te~ L Russpfl, Nota~ Public ~ /~ , / /// My Commissi~ E~r~ June 6, 2~2 , ~ C ~ ~ ~ - l '1 C ~ ~NO~ARY PUBLIC Me.r, Penna~ania As~iat~ et Notafl~ My commission expires June 6, 2002 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 Probating same Notary Fee(s) Total $ 153.60 $ 1.75 $ 155.35 Publisher's Receipt for Advertising Cost formerly of Hal'fiso~ Bmwnswcll; thence Eastwardly along land now or formerly of ~., publisher of The P~triot-News and The Sunday Patriot-News. newspapers of general cen~rof~saidr6ad;thence~long~c~ntcrofHan~s°nBmwnswell 813 f~toapoi~tin~ ;le receipt of the aforesaid notice and publication costs and certifies that the same have said mad 250 feet to a point, the place of TAX PARCEL ~1-I 3-0968-022: 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. Roger M. Morgenthal, 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 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001 6389 Civil Conseco Finance Corporation. f/k/a Green Tree Consumer Discount Company VS. Nichola Yanieh, Jalorma M. Yanlch and Rachael E. Matte Atty.: David Comroe DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County. Permsylvan~. bounded and described as follows: BEGINNING at a point in the cen ter of State Highway Route No. 34 leading from Carlisle to New Bloomfield. at comer of lot now or formerly of Robert Blosser; thence Westwardly along lot of the said Blosser 622 feet to an iron pin in line of a lane or alley; thence along SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002_