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Home My WebLink About01-1246McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Mary G. Miller 7006 Wertzville Road Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number ~J ~/2~ CIVIL ACTION/MORTGAgE FORECLOSI/RE NOTICE You have been sued in court. [f you wish to defend against the claims set forth in the foLLowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a ~ritten 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. AVISO Le ban demandado a usted en La corte. Si usted quiere defenderse de estas demandas ex-puestas en [as peginas siguientes, usted tiene veinte (20) dias de p[azo aL partir de La fecha de La demanda ¥ La notificacion. Hace fa[La asentar una comparencia escrita o enpersona o con un abegado y entregar a La corte en forma escrita sus defensas o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere qua usted cumpLa con tudas [as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CumberLand County Bar Association 2 Liberty Avenue CarLisLe, PA 17013 (717) 249-3166 Curnberlaed County Bar Association 2 Liberty Avenue CarLisLe, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Vo Mary G. Miller 7006 Wertzville Road Mechanicsburg, PA 17055 Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Def~endant is Mary G. Miller, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 7006 Wertzville Road, Mechanicsburg, PA 17055. 3. On 3/7/00, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1602, Page 778. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 7006 Wertzville Road, Mechanicsburg, PA 17055. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/15/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, the entire collectible 6. with the collected Sale. If upon default in such payments for a period of one month, principal balance and all interest due thereon are forthwith. The following amounts are due on the mortgage: Principal Balance $ 5,888.01 Interest 8/15/00 through 2/15/01 $ 413.58 (Plus $2.26 per diem thereafter) Attorney's Fee $ 1,500.00 Late Charges $ 100.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 G93LND TOTAL $ 8,451.59 The attorney's fees set forth above are in conformity mortgage documents and Pennsylvania Law and will be in the event of a third party purchaser at Sheriff's the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. 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 $8,451.59, together with interest at the rate of $2.26 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. ~CABE, 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 information and belief and further herein are made subject to the penalties to the best of his knowledge, states that false statements of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. 15 2435624 285/285/200 36778 1 PENNSYLVA Prepared by and Return to: Conseco Finance Consumer Discount Company HID - Mortgage Recording Dept. 332 Minnesota St., Suite 610 St. Paul MN 55101 ,Commonwealth of Pennsylvania Space Above This Line For Recording Data ~T.~5.,9.0~0 (3~9,1 OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security instrument) is and the parties, their addresses and tax identification numbers, if requi~.ed, are as follows: MORTGAGOR: MARy G MILLER 7006 Wertzville RD MEC~L%NICSBURG PA 17055 ...... If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Conseco Finance Cons~er Discount Company 332 Minnesota. St., Suite 610 St. Paul MN 55101 CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the fol)0wing described property: See Attached Legal Description Parcel ID# The property is ~0cated in ..... .C.~.E..R.~ ............................................... at .................................... , ......... (County) ,,?..O..O..6...¥,e..:.,t.,~y.i..1..1..e....,~:J~.. ...................... , ..~,.~..C:...,~U).~...Z.C.~.~.q~ ......................... Pennsy)vanla ,..S.S.O..S..S...,.~ ........ Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that ma,/now, or at any time In the future, be part of the real estate described above (all referred to as "Property"). EXHIBIT 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ ............. .5.9..2..0..:.2..0. ....................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substit,utions. (When referencin¢] the debts below it is suggested that you include items such as borrowers names, note amounts, interest rates, maturity dates, etc.) · he secured debt is a note / Home Improvement Retail Installment Contract / executed by the mortgagor / borrower on '~-- 7 ~0 OD . B. All future.advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory noteI contract, ~uaranty, or other evidence of debt executed by Mortgagor In favor of Lender executea after this security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor a~rees that this Security Instrument will secure all future advances and future obligations that are ~ven to or incurred by any one or more Mortgagor, or anyone or more Mortgagor and others. All tuture 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 future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such .. commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender~ which may later arise to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. S. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. ' 7, PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to requ_e, st any future advances under any note or agreement secured by the lien document without Lender s prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments liens, encumbrances lease payments ground rents utilities and other charges relating to the Property when due. Lender may require Mortgagor to ~rovide to Lender copies of ail notices teat such amounts are due and the receipts evidencing Mortgagor s payment. Mortgagor will defend title to the Property against any cia ms that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender as requested by Lender any rights claims or defenses Mortgagor may have against parties who supply labor or materia s to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE, Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and @ayable upon the creation of, or contract for the creation of, any lien encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591) as applicable. This covenant shall run with the Property and shall remain in effect unti the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property ~n good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mo, rtgagor agrees that the nature of the occupancy and use will not substantially change without Lender s prior written consent. Mortgagor will not permit any change in any license restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time ~or the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the Inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. : 1 1. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for perform, ante. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender s failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontin?_ed or not carried on in a reasonable manner Lender may take all steps necessary to protect Lenders security interest in the Property, inc ud ng completion otthe construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mo.rtgagor irre.vocably grants, bargains, conveys and mortgages to Lender as additional security all the right title ancl interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including ~ny extensions renewals modifications or substituti,,o, ns of, such agreements (all referred to as "Leases ) and rents, issues and profits (all referred to as Rents'). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms ,of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this S~curity Instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender. takes affirmative action prescribed by law, and that this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take'actua possession of the property without the necessity of commencing legal action and that 'actual possession is deemed to occur when Lender, or Its agent, notifies Mortgagor of default and de,rnands that any tenant pay all future Rents directly to Lender. On receiving notice of default,' Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and wdl not commingle the Rents with any other funds. Any arriounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to mainta!n and require any tenant to comply with the terms of the Leases and applicable law. : 13. LEASEHOLDS; CONDOMINIUMS PLANNED UNIT DEVELOPMENTS· Mortgagor agrees to comply with the provisions of any lease If this Security Instrument is on a leasehold. If the Property includes a unit In a condominium or a planned unit development, Mortgagor will perform all of Mortgagors duties under the covenants, by-laws, or regulations of the condominium or planned unit development. ' 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to' make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time Is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value 'of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some Instances federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any,Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner providedby law if Mortgagor is in default. : At the option of Lender all or any part of the agreed fees and charges accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to al/the remedies provided by law the terms of the Secured Debt this Security Instrument and any related documents. All remedies are d st ncr, cumu ative and not exc usive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any ,e. xisting default, By not exercising any remedy on Mortgagor's default, Lender does not waive Lender s right to later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; A'I-FORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pa,/on demand amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt· Mortgagor', agrees to pay all costs and expenses incurredby Lender in collecting, enforcing or protecting Lender s rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 1 7. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 'U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public healt,,h,, safety, welfare or environment. The term includes, without limitation, any substances defined as hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall Immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18.' CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by · private or public entities to purchase or take any or all of the Property through condemnation, 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 proceedsof any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage deed of trust, security agree(neat or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier prov d ng the insurance shall be chosen by Mortgagor subject to Lender's approval which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall Immediately 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 by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any,payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor s right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provi(;le to Lender upon request any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign deliver and file any additional documents or certifications that Lender may c6nsider necessary .t,o perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender s lien status on the Property. ' ' 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Securi~ Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor s interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree, to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagdr, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party i:o this Security Instrument may extend, modify,or make 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 asslgns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by th'e laws of the .jurisdiction in which Lender is located except to the extent otherwise required b~ the laws,of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or .modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the. Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by . written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder or'this Security Instrument. Whenever used, the singular shall Include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence 'in this 24, NOTICE. Unless otherw,se requ,red by law, any not~ce shall be g~ven by dehvermg first c ass ma to the appropr ate party's address on page 1 of th s Secur ty nstrun~'eh~.,or, to.~E~b~fi'~r address designated in writing. Notice to or~e.moregagor, wllt.be-deemedlto be not~ce~to all. mortgagors.~ 25 WAIVERS. Except to the extent proh~b~tcJd b..y,~!aw.%.M, or.tgagor wa~ve,s any right to appraisement re at ne: 26. OTHER TERMS. If checked the followlng,are~apphcable,to~tfi~s,Secunty~lnstrument..~, ...... L'me of CredIt. The Secured Debt includes a revolving hne of credit prov,s~op.'Although..'the Secured Debt may be reduced to a zero balance, this Security Instrument will '{'~rnaln,.in'~'Effect dntil released. ..x.... Construction Loan. This Security Instrument secures an obligation Incurred for the construction ~,fan improvement on the Property. ...... F~ixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security l,hstrument suffices as a financing statement and any carbon, photographic or other reproduction ~ay be filed of record ~or purposes of Article 9 of the Uniform Commercial Code. ...... Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to a'cquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ...... NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ...... Riders. The covenants and agreements of each of the riders checked be[ow are incorporated into and supplement and amend the terms of this Security. Instrument. [Check all applicable items] ~/..~. Condominium Rider ~./..~.. Planned Unit Development Rider ~/.?.. Other .................................... ~ ...... Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor acknowledges receipt of a copy o,~this Security Instrument on the date stated on page 1. (Signature) /B//':~.-~R¥ G MT.~t.]3R (Date) (Signature) (Date) (Signature) IDate) (Wltness)~ (Signature) (Date) ACKNOWLEDGMENT: COMMONWEALT~.6~F' ....~,..&~....M...S;..~,..L..V..~',,~.L~'. ...... , COUNTY OF, ....... .~..~..,~...~....~.6. .......... } ss (ind~ual) On this,.th~ .....,-/ ............. day of .....~. ........ ~%~:.~9.1.[..~ bef@r~e me ~..I...~. ~...~..~....Z~....~..~.L~y the undersigned officer, personally appeared ....... ~..~,..~J.~ ............................... .................................................................. ; ..................... , known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. ,~"~'.:' , : · In witness whereof, I hereunto set my hand and o~cial seal · :~ :~ ..L~.~.~ ~ · ,~ .~ ~-.-- .~ .~... . - .. - I ........ ............ ....... '. ~ ~~.a,~ I ~f;;iE~;; ......................................................... I~ is h~r~by certified ~hat ~h~ address o~ ~he Lender within named i~: ....~...~.~..~:.~...~N~ .... f~2.,...~:...~L.~..~ ~ ~ ~L ....................................................................................................................... CONSECO. Ail of the property located at 7006 Wertzville RD, in the city/town/village of M~C~U%NICSBURG, county Of CUMBERLA/~D, state of Pennsylvania, in which the Borrower/Owner has an ownership, leasehold or other legal interest. This property is more particularly described on the sckedule titled "Additional Property Description" which is attached hereto as "Exhibit A" The Mortgagor/Borrower does hereby authorize the Mortgagee/ Beneficiary/Lender or its assigns to obtain a more detailed property description after the Mortgagor/Borrower has signed the Mortgage/ Deed of Trust, and to attach F~chibit A after the Mortgagor~Borrower has signed the Mortgage/Deed of Trust. January 9, 2001 Mary G. Miller 7006 Wertzville Road Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE RECEIPT OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA. PUEDES SER ELEGIBLE PAPOk UN 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 HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: Mary G. Miller 7006 Wertzville Road Mechanicsbur~, PA 17055 15941400 EXHIBIT "B" ORIGINAL LENDER: 'Discount Company CURRENT LENDER/SERVICER: Discount Company Conseco Finance Servicing Corporation F/K/A Green Tree Consumer Conseco Finance Servicing Corporation F/K/A Green Tree Consumer HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSLrRE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the receipt 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 (30'} DAYS OF RECEIPT OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE LIP 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 set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 7006 Wertzville Road Mechanicsbur~, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: approximately $78.80 for the months of September 15, 2000 through December 2000 Other charges: TOTAL AMOUNT PAST DUE: $315.20 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the receipt of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $315.20, 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: Ron Schupbach Conseco Finance Servicing Corporation F/K/A Green Tree Consumer Discount Company 7360 Kyrne Road Tempe, AZ 85283 1F YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the receipt 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 fuI1 payment of the total amount past due is not made within THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay ali 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 lender, which may also include other reasonable costs. If you cure the default within THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, 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. 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 an,/time up to one hour before the Sheriff's Sale. You may do so by payin~ the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performin~ any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of'the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Servicing Corporation F/K/A Green Tree Consumer Discount Company Address: 7360 Kwne Road, Tempe, AZ 85283 Phone Number: 1-888-315-8733, Ext. 36548 Fax Number: 1-480-333-6457 Contact Person: Ron Schupbach EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not 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. - T.O ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TH'E LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7099 3400 0014 2625 3971 RETURN RECEIPT REQUESTED Enclosure: Validation of Debt Notice Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. The law office of McCABE, WEISBERG AND CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT ANDANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that The FDCPA does not preclude the institution of legal action prior to the expiration of the thirty day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact this office upon receipt of this notice should you have any questions or concerns. Date: January 9, 2001 McCabe, Weisberg, & Conway, First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 P,C0 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 of Western Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 SHERIFF'S RETURN - CASE NO: 2001-01246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISCO VS MILLER MARY G REGULAR RICHARD SMITH Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE GARDNER KEITH OCCUPANT TERRE TENANT at 1425:00 HOURS, at 7006 WERTZVILLE ROAD MECHANICSBURG, PA 17055 KEITH GARDNER a true and attested copy of COMPLAINT on the 7th day of March Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2001 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this ~ ?~ day of ~ ~,~, / A.D. ' P~othonotary So Answers: R. Thomas Kline 03/08/2001 MCCABE, WEISBERG ~ONW~ / Deput~z Sheriff