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HomeMy WebLinkAbout01-0147McCABE, W-EISBERGA/qD CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N%unber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsyl~nia 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 v. Linda K. Lawrence 125 W. North Street Carlisle, PA 17013 Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 11~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. AVISO LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SINO I'IENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsyl~nia 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Vo Linda K. Lawrence 125 W. North Street Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 0/- CIVIL ACTION/MORTCW%GE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Linda K. Lawrence, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 125 W. North Street, Carlisle, PA 17013. 3. On June 16, 2000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Conseco Bank, is recorded in the Office of the Recorder of Page 905. aforesaid mortgage was Inc. to Conseco Finance Inc. which mortgage Cumberland County in Mortgage Book 1619, 4. On September 8, 2000, the thereafter assigned by Conseco Bank, Consumer Discount Company, Plaintiff herein, by Assignment of Mortgage recorded in the Office of the Recorder of Curmberland County in Assignment of Mortgage Book 654, page 491. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 125 W. North Street, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 85,500.00 Interest 6/21/00 through 12/31/00 $ 4,795.83 (Plus $25.08 per diem thereafter) Attorney's Fee $ 4,275.00 Late Charges (7/00 through 11/00) $ 406.40 Penalty $ 4,527.22 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $100,054.45 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $100,054.45, together with interest at the rate of $25.08 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE ROBc~i P. ~I~,,LER REOORI)ER eF DEEDS 6Ut, tB ERL/,,~8 ¢OUh'TY- 'oo 20. PC] Z .55 Commonwea~h of Ft~msylvanJa Space Above ~ ~e For Teac, AZ S52e3 . · · June 16, 2000 p~, ~eir a~s ~d ~ i~n~ficadun ~rs, ~ req~red, ~e ~ follo~: MORTGAGOR: Linde K Lawrence ...... If ghecked, r~fer to the attached Addendum incorporated herein, for a~dkionsl Mbrtgagors, their signatures and acknowledgments. LENDER: Conseco Bank;. Inc. Cottonwood Corporate Center 2825 E Cottonwood Prky 230 Salt Lake City, UT .84121 CONVEYANCE. For good and valuable comidcrafion, thc receipt and sufficiency of whlda is acknowledged, and to se/;ure the Secured Debt (defined below) and Mortgagor's performance under chis Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described progeny: ~arcel ID~ 05-20-1798-127 :~ · · Curaberland ~ Tee progeny ,~ I~at~ m ..................................................................... at ................ .._._r..~ .................. (c~) 125 W North Street Carlisle ........................................................................................................... Pennsylva~a 17013 Together with all fights, easements, apputte,ane~*~, royalties, mineral rights, oil and gas figh~, all water and'riparian rights, ditches, and water sack and all existing and future improvements, smicmms, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Progeny'). MAXIMUM O~I~I(~ LRvHT. The total principal mount secu~d by this Security Insmunent at any one time shall not exceed $.......~ ~.'. X..".."2. Y. ................................... Tllh lhn/tation of amount docs not include inmmst and other fees and charges validly made pursuant to this Security Instrument. AI~o, this limitation do~ not apply to advances made ',ruder the terms of tiffs Securio/ Insu'tu:aent to protect Lender's security and to perfo~n any of th~ cov~n,~ con~i-~d in tiffs Security Insmunent. .905 4. SECURED DEBT AND FUTUI~ ADVANCES, The term "Secured Debt' is defined as follows: A. Debt incurred under the temps of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and ail their extensions, renewals, modifications or substitufiuns, (When referencing the debts bctow it is suggested that you include items such as borrowers' names, note arrwunts, interest rates, maturity dates, etc.) Note dated June 16, 2000, between Conseco Bank, Inc. and Linda K Lawrence, for $85,500.00, maturing June 21, 2025. ~. Ali future advances from Lender to Mortgagor or other future obligations of' Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Insmmtent whether or not this Security Instrument is specifically referenced. If more than one · __R~qn~signs __fl)i.'_s Sec. u...ri, ty..!m__.tru:~....an_t, ~_M_o. rtgago_r agrees tl~t th s Security lns_tzmm, ent will secure all future advances and future oldhgaaoas fl~it'ate g~7eWt~-~?.qncurr-Fd.by-a.~.~h..~.6/..-m~-re-i~rt~a~r~.~r~ah~`t-~n~.~6r~m~e Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other furore obligations are secured as if made on the date of ds Security Instrument. Nothing in this Security Instrament shall constitute a commitment to make additional or future loans or advances tn any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may hter arise, to t~ extent not prohibited by law, including, but not lira/ted to, liabilities for overdrafts rel~ng to any deposit account agreement between Mortgagor and LeMer. D. All additional sums advanced and expenses incurred byLender for insuring, preserving or othenvise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Secur/ty lnstromcnt. This Security Instrument will not Secure any other debt if Leader fails to give gay tequi~ed nodce of the right of reca:issiom PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when clue and in accordance with ~c terms of the Secured Debt and this Security Instrument. WARRANTY OF TITLE. Mortgagor warrants that Mongag'or is or will be lawfully seized of the estate conveyed by this Security Instrument and bas the right to grant, bargain+ convey, sell, and mortgage the Property. Mortgagor aiso warmntn that the Property is unencumbered, except for encumbrances of record. PRIOR SECURITY I1NTERESTS. With regard to any other mortgage, deed of Itnst, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: ' A. To make ail payments when due and to perform or comply with all covengats. B. To promptly deliver ~o Lender any nonces that Mortgagor receives from the bolder. C. Not to allow any modification or extension of, nor to, request uny furore advances under gay note or agreement secured by the lien document without Lender's prior written consent. CLAI34S AGAINST ]TI'I.,E. Mortgagor will pay-all' taxes, assessments, liens, enoumbraoc~,' lease payments, ground - - rents, i~dliti~, and other clmrgus relating to the Property when du~, Lender may require Mortgagor'to provide to Lender copies of all aodces that such amounts are due and the receipts evidencing Mottgagor's payment. Mortgagor will defend title to the Property against any c!~ims that would impair the llen of this Security Inanmment. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defellse~ Mortgagor may have against gatfies who suPply labor or materials to maintain or improve the Property. DL~: ON SALE OR ENC .UMBRANCE, Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or conWaet for the creation of, any lien, encumbt'an~e, transfer or sale of the Property. This. right is subject to the restrictionS imposed by. federal law 02 C.F.P... 591), as applicable. This covenant shall nm vnth the Property and ~h~n rernnin in effect until tlm Secured Debt is paid in full and this Sex:ufity Insmunent is released. 10. PROPERTY CONDITION, ALTERATIONS A~ND INSPECTION. Mortgagor will keep the Property ia good condition and make all repai.rs fi'mt ate reasonably necessary. Mortgagor shall not cammit or allow any waste, impairmem, or deterioration of the Property. Mortgagor will k~gp the Pmperry free of noxious weeds and grasses. Mortgagor agrees that the natur.e of the occup.gacy ~.d use will not .substantially change withou.t Lender'sprior written consent. Mortgagor will not penmt any change m any hcense, resmcove covenant or easement vnthout Lender's prior written consent. Mortgagor will notify Lender o£all demands, proceedings, claims gad actions againSt Mortgagor, and of any.loss or 0amine to the ?roperty. 0o 1619 a,i .906 Lender or Lender's agentS may, at Lender's option, enter the Proper~f at ~ny reasonable time for the pm'po~e of i~pe~ng ~e P~peny, ~nfler sh~l give Mortgagor notice a~ ~e ~e of or before ~ i~pe~fion s~ci~ing a r~ble p~ose for ~e i~fiom ~y i~pecfion of ~e Property ~1 ~ entirely for ~der's ~fit ~d Mortgagor ~ll way ~ely on Lender's imp~tion. 11. AU~ORITY TO P~O~. If Mortgagor f~ls to perfo~ ~y du~ or ~y of ~e coverts eon~d in I~ent, ~nder ~y, ~out notice, perfo~ or cau~ ~em to be~ffom~, Mortgagor appoin~ ~nder ~ at~o~y in-f~t to si~ Mongagor's ~e or pay ~y ~ount ngess~ for ~rfo~. Mnder s right to ~ffo~ for Mortgagor sh~ ~t create ~ obligation to ~ffo~. ~d ~nder's ~lure to ~ffo~ ~11 not prelude Mnder ~om exemisi~ ~y of Mnder s o~er fighm under ae law or ~is $~ufity I~ent. If ~y co~cfion on ~e Progeny is di~onfinued or not c~ on in a r~o~ble ~r, Lender may ~e al steps n~es~ ~ pmt~t Mn&r s ~V im~t in , ~ . Pro~,,inclu~g ...... completion of ~e.com~cfion .......... ....................... ~. ASSIG~NT OF LEA~S A~ ~NTS. Mortgagor i~ev~bly g~n, bag~, conveys ~d mortgages to ~er ~ addi~o~ ~ufity ~ ~e fight, rifle ~d i~st in ~d to ~y ~d ~1 ex~fing or ~e le~es, ~bl~s, ~ ~y o~er ~tten or v~ agreemcn~ for ~e ~ ~d ~cup~ey of ~y po~on of ~e Pro~, i~ludi~ ~y exte~iom, re~w~, m~fi~fiom or ~b~mfio~ of ~ch agr~e~ (ti ~femed to ~ "~es~) ~d ren~, i~u~ ~profio (ti refen~ ~ "Ren~"). Mortgagor ~ll promptly pro. de ~nder ~ ~e ~d enact copies of ti existing ~d ~e ~. Mo~agor ~y coO~t, ~ive, enjoy ~ u~ ~e Rents so long ~ Mortgagor is not in de~uh nnder ~e te~s of Mo~gagor agz~ ~at ~is ~ig~t is ~iately effee~ve ~een ~e p~es to ~s S~ufi~y Im~em. Mortgagor ~ ~t ~ ~ig~ent i~ eff~five ~ m ~rd ~ when ~nder ~s a~five action prided by law, md ~at ~s ~sig~t ~11 ~main m effect d~ng ~y ~pfion p~od ~fil ~e 8~r~ Debt ~ ~usfi~. Mortgagor a~es ~t ~er ~y ~ acing ~s~ion of ~e ~ro~y wi~out ~e ~ty of co~ing left a~fion ~ ~sion is d~med ~ occ~ wh~ ~r, or ~ agent, notifies Mortgagor of fle~ult ~ d~ ~ ~y te~t pay ~e Ren~ ~recfly to ~. ~n ~ei~ ~fi~ of de~t, Mortgagor ~11 endor~ ~d de~ver to ~er ~y pa~cm of Reno in Mongagoz's ~s~on ~d ~ll ~eive ~y Renn in ~t for ~n&r ~d ~11 not eomm~le ~e ~y o~er ~s, ~y ~oonm collee~ will ~ appfi~ ~ ~videfl ia ~is ~ufi~ I~ent. Mortgagor ~ ~t 'no de~ult ex~O ~er ~e ~ or ~y appficable land!orient law. Mortgagor ~o agrees to ~n~n ~ requi~ te~ to ~mpIy ~ ~e te~ of~e ~ ~d appB~ble law. provisiom of ~y 1~ if ~s ~fi~ ~em is on a l~e~old. If ~e Pm~ ~ludes a ~t in a ~nd~[ni~ or a pl~ed u~t ~evelopmem, Mog~or ~11 ~ffo~ gl of Mongagor's duties ~der ~e cove~, by-laws, of of ~e condo~ or pl~d ~ d~el~mem. 1~. ~EFA~T. Mortgagor ~11 ~ ia &fault ff my p~ obliga~ o~ ~e S~ Debt ~ls ~o ~e pa~ Mo~agor ~1 ~ ~ default ifa br~h ~c~ ~er ~e te~ of ~ S~ty I~em o; my.0~cr d~em . for.~e.p~ of'e~fing,'se~fiffg or ~ty~g ~e '$~ed Debt. A g~ ~ ~lief by ~fle3 ~(~fider a~'~y ~e is ~cure ~ ~t ~o my ~on or ~ ob~gated on ~e $gur~ Debt or ~t ~e pros~t o[ ~y pa~em or · e v~ue of ~e Pro~y is ~p~red ~h~ll fl~ cO~fi~ ~ event of &~t. ~fi~ of ~e fight ~ c~e or o~er nofi~ md may e~bl~ ~e s~ed~ for forglo~e acfio~. Subj~t t~ l~ofiom, if ~y, ~er may acceleme ~e S~r~ Debt ~ fo~clo~ ~ ~ty l~eat in a ~anner p~vx~ ~y ~w if Mortgagor is in de~t. At ~ op~on of ~Mer, ~ or ~y p~ of ~ a~ f~ ~d c~g~, ace~ed i~e~st ~d pfineipfl ~I ~ome ~tely ~e ~d payable, a~r glv~ ~d~ if ~ by law, u~n ~e ~n~ of a d~t or ~e ~e~en In addition, ~n&r ~1 ~ e~fl~ to ti ~e ~ provided by ~w, ~e ~ of ~e S~ugd Debt. ~fifled to ti r~edies prov~ at law or ~, wfie~er or not expressly ~t fo~. ~e ~p~e by ~nder of my in paint or p~ ~ent on ~e S~red ~bt ~r ~c b~ee is d~ or ~ accelerated or ~er for~lo~e pmc~ngs ~ ~ed sfi~l ~t co~fi~ a w~ver of ~n~r's fight ~ r~ ~mplete ~re of ~y ex~fiag de~t. By exegising ~y ~m~y on Mortgagor ~ de~ult, ~der d~s not w~ve ~er's fi~t to later co.der ~e eve~ a de~t it continues or ~p~ ag~n. 907. 16. EXI~ENSES; ADVANCES ON COVENANTS; ATT, ORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender s expenses if Mortgagor breaches any covenant in this Security lnsmuneat. Mortgagor will also pay on demand amount incurred by Lender for iasurlnJ~, ittspecfing, preserving or otherwize protecting the Property and Lender's security interest. These exlpenses will bear ~nterest from the date of the payment until paid in full at the highest interest rate in effect as provided m the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses Lqcurred by Lender in collecting, enforcing or proCeetin_g, I.ender's rights and remedies under this Security Instrument. This antount may include, but is not ]iraited to, attorneys fees, court costs, and other legal expenses. This Security Iastmment shall reraain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (l) Environmental Law .... means~with~ut~ttati~n~the C~mprehensive~.nvironmenta~Response~.C~penaa[ion.and.~labillty'Act~(CERCLA~ U.$.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general oplaions or interpretive letters concerning the public health, safety, welfare, enviroamem or a h,~,~,dous substance; and (2) H-,~'dous Substance means any toxic, radioactive or h~,~lous material, waste, pollutant or com~mi~t which characteristics which render the substance dangerous or poientially dangerous.to the public health, safety, welfare or environment. The term inclad~, without limitation, any substances defined as }~,~rdous material," 'toxic substance, "hazardous waste' or 'hazardous substance' under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Fxcept as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or win be located, stored or released on or in the Property. This restriction dees not apply to small quantifies of Hazardous Substances thai are generally recognized in be appropriate for the normal use and maiatenanoe ot~the Property. B. Excepi as previously disc2osed and ~knowledged in writing to Lender, Mortgagor ~ every tenant have been, are, a~d shall reraaln in tall compliance with arty applicable Environmental Law. C. Mortgagor shall immediately notify Leader if a release or threatened release of a Ffazardous Subs~uce occurs om under or aboui the Property or there is a violation of any Enviroamen~ Law concerning the Property. In such an event, Mortgagor ~b~ll take all necessary remedial action tn accortlanoe with any Environmental Law. D, Mortgagor shall imnaedlately notify Lender in writing as soon as Mortgagor has reaaon to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or fltreatened release of any I4o~rdous Substance or the violation of any Environmenta/Law. 18. CONDEMNATION'. Mortgagor will give Leeder prompt notice of an~' pending or threate~xl action, by private or public entities W purchase or take any qr all of the Property through condtwnoation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or cl~im for damages connected with.a contlemn-tinn or other ~[ng of .all or any part of .~e P.ropen7. Such procee.d, s shall be eousidered paymen~ and will be applied as provided La tiffs Security Instrument. This assignment of proceeds ts subject to the ierms of any prior montage, deed of m~t, security agreement or other lien document. 19, INfURAh'CE. Mortgagor shall keep Property insured against loss by fire, flood, thefl~ and other ~,~e~z and risks reasonably associated with the Property due to tts type and location. This insurance sl~l be maintained in the amount~ for the periods tl~t Lender requires, The insurance carrier providing the insurance ~ha~! be chosen by Mortgagor subject to Lender's approqal, which shall not be ttareasonably withheld. If Mortgagor fails to maintain the coverage above, Lender may, at Le~der's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security lnatrumeat. All insurance poticies and renewals ~all be acceptable to Lender and shall include a standard "mortgage clause' where applicable, 'loss payee clause. Mortgagor shall immediately notify Lender of canceIIafion or termination of the insunmce. Lender shall have the fight to bold the policies and renewals. If Lender requires, Mortgagor shall ~ediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately hy Mortgagor. U~ess other, vise agreed in writing, all insurance proce~ shal! be applied to the restoration or repair of the Property or the Secured Debt, whether or not then due. at Lender's option. Any application of proceeds to principal shall uot extend or pasrponc the due date of the scheduled payment nor chang? the z. mount of any paym~t. Any excess will be paid to the Mortgagor. tf the Property is acquired by .Le~der, Mortgagor s right to any insurance policies and procee~ts resulting from damage to the Property before the acquisitiou ~all pass to Lender to the extent of the Secured Debt ;mmediately before the acquisition. 20. ESCROW FOR TAXES AND ll'~'SURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insunmce in escrow. 21. FINANCIAL REPORTS AND ADD,ITIONAL DOCUMENTS. Mortgagor will provide to Leader u. pou request, any financial statement or info .r~.tlon, Lenaer may deem reasonably necessary. Mortgagor agr .e~ to sign, denver, and file any additional documents or ce'rtificataous that Lender may cons/der aece~nty to perfect, connnue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. J011~Cl' AND INDIVIDUAL LIABILITY; CO-SIGN'ERS; SUCCESSORS AND ASSIGNS BOUND. MI duties under this Security In.~-ument are juim and individual. If Mort,gagor signs tiffs Security Instrument but docs not sign an evidence 9fdebt, Mortgagor docs so only to mortflage Mortgagor s interest ia the Property to secure paymant of the Secured Debt · ,-and.MortgagoL, .c.~¢.~.~ s pet,agree to.be persqnally.!iab, le 9n. the Segured Dcb. t. lf. this_Security.[nstrument.~ecure.~ a guaranty.. between Lender and Mortgagor, Mortgagor agree.~ to waive any fights that may'psevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These tights may include, but are not limited to, any ami-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Inawament may extend, modify or tua~ any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and a.~igas of Mortgagor and Lender. 23. APPLICABLE LAW; SI~VERABELITY; INTERPRETATION. This Security Instrument is governed by thc laws of the .iurisdiction in wIfieh Lender is located, except to thc extent otherwise required by thc laws of the .~ttrisdicdon where the Property ia located. Thin Security In~trumcnt is complcte and fully integrated. T'Ms Security Instrumant may not be amunded or modified by oral agrcemcm. Any section ia this Security Instrument, attachments, or any sEt'cement related to thc Secured Debt that conflicts with applicable law will not be effective, unles~ that law expressly or impliedly perm.its the varlation~ by written agreement, If any section of this Security Iusmmlcnt cannot lac eafo~ed according to its {crm~, that section will be severed and will not aff~et the enforceability of the r~malader of th~ Security Insu'ume. nt. Whenever used, the singular shall include the plural and thc plural thc singular. The captions and headings of thc sections of th~ Security ,{nstmment afc for convcuiencc only and are not to bc used to interpret or defuse the terms of tiffs Security Instrument. Time ia of thc essence in this Security Instrument. NOTICE. Unless othe ~r?'se required by law, any nodcc shall be ~ven by delivering it or by mailing it by first class mail to thc appropriate party s address ua page I ofdfis Securit7 Instrument, or to any other address designated in writing. Notice to oa~ mortgagor will be deemed to be notice to ail mortgagors. · WAIVERS. Except to thc ~xtent prohibited by law, Mortgagor waives any right to appraisement .relating to the Property. OTHER TERMS. If checked, the following arc applicable to this $ccurlty In.v. rument: ...... Line of Credit. The Secured Debt includes a revolving line of credit proyision. Although ~he Secured Debt ma.y..be _ reduced to a zero balance, ~ Security ln..v, nlmcnt will remain ia effect tu~fil' released. ...... Cunstruetirm Loan, This Security lastrualent ~ure$ aa obligation incurred for the construction of an ~aprovernent un.the Property. ...... Fixture l~lling. Mortgagor grants to Leader a s~curity interest in all goods that Mortgagor owns nOw or in the futtu'e and {hat are or will become fixtures related to the Property. This Security Insa'umcnt suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Ar~.icle 9 of the Uniform Commercial Code. ...... Purchase Money. This Security lllsmiment secures advances by Lender used in whole or in part to acquir~ thc Property. Accordingly, this Security Instn.tment, and the llen hereunder, is and .~dl be construed as a pureha~ money mortgage with a~l of the rights; prioridea a~d benefits thereof under the laws of the CommoGwcalth of penusylvanla. ...... NOTICE TO BORROW'ER: THIS DOCENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. 26. - oo 1619 f 909 ...... Riders. The covenants and agreements of each of' the riders checked below are incorporated into and supplement and amend the terms of this Security Imtrumeat. [Check all applicable items] ...... Condominium Rider ...... planned Unit Development Rider ...... Other ..................................... Additional Terms. '~"'SIGN.aiTIIRE$~By s~gmng 1~lOw, Morlgagor, mending to be legally bound hereby, agrees to the temu ~ covenamq contained in this Security Instmmem and in a.y attadunenU;. Mortgagor also aclmowledges receipt of a copy of th.is Security Inslntment on the dat~ stated on page 1. A C ]~'0 VFI.,E D GiV~,~: F Pennsylvania D~' COMMONWEALTH 0 ...................................... COUNTY OF ....... .,er.:. ............................. } ss. On thi~, me ...... 16 ..........day of .........aune.,...ZaO0 ............... bofore me .....~P..~,6.:.../~. ~.'~. .... ........................................................................................... ~o~ m* ~e for ~e ~ ~in co~. ROBE~ E. KNAUS, N~ Publ~ Lowo a,e Twp., ................ ..... MyCommss~nE~ms~n117,2~ , ~..~e~ It ~ hereby ~mfi~ ~t ~e ad~ of ~ ~er m~ ~ m: .................................................................. ~' ~ Roc~f~ed ip t~ office for the recording of Deeds CONSECO LINDA LAWRENCE I25 W NORTH STREET CARLISLE. PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 20, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infomnation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGtL,kM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet wi,th the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies ser,(ing y~Jun~v are enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finan~ .~eal~ll~lee~ 1-800-342- 2397. (Persons with impaired heating can call (717)780-1869). ~ ~'/~ ~nl o~cCa[e~ This Notice contains important legal information. If you have any questions, representatives at the Counseling Agency may be able to help explain it. You may also want to contact an attorney in yourarea. The association may be able to help you find a lawyer. LA NOTIFICION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TR-&DUCCION 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 PERI)IDA DEL DER.ECHO A REDIMIR SU HIPOTECA. CONSECO Date: 9/20/00 TO: LINDA LAWRENCE 125 W NORTH STREET CARLISLE, PA 17013 7415 7236 Loan No.: 6907724618 Mortgaged Premises: 125 W NORTH STREET CARLISLE, PA 17013 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, .... 1F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND .... IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE .... Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRiNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE .... Your mortgage is in default t'or the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fi.om the Homeowner's Emergency Mortgage Assistance Pro.am, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitzing a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECO AGENCY ACTION .... Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility crite~Sa established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no '~oreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still appIy for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your proper~y located at: 125 W NORTH STREET, CARLISLE, PA 17013 IS SERiOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:7/21/00- $812.78,8/21/00-S812.78, 9/21/00-$812.78. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: S 162.54. TOTAL AMOUNTS PAST DUE: $2600.88. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2600.88, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So K,/rene Rd, Tempe, AZ 85253 (do not send cash). 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.) IF YOU DO NOT CURE THE DEFAULT .... If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE iVIORTGAGE IS FORECLOSED UPON .... The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your ease to its attorneys, but you care the delinqtlency before the lender begins legal proceedings against you, you wilI still be required to pay the reasonable attorney's fees actually incurred up to 550.00. 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 S50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .... The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. CONSECO~ RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the SherifFs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if'you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE .... It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month fi'om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Fin"a'nce Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sate w/Il end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SheriWs Sa[e, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .... You __ may or__X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RiGHT: --- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THiS DEBT. .... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. .... TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT 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 SHERIFF'S RETURN CASE NO: 2001-00147 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS LAWRENCE LINDA L - REGULAR DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT LAWRENCE LINDA K DEFENDANT , at 1015:00 at 125 WEST NORTH STREET CARLISLE, PA 17013 LINDA LAWRENCE a true NOTICE - MORT FORE was served upon the HOURS, on the 10th day of January , 2001 by handing to and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this dy~ ~ day of ~r~thonotary So Answers: R. Thomas Kline 01/12/2001 MCCABE WEISBERG & CONWAY Deputy Sheriff y McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Linda K. Lawrence 125 W. North Street Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 2001-00147 P PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. TERRENCE J. Mc~BE, ESQUIRE Attorney for P~/aintiff