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HomeMy WebLinkAbout01-1581Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification NLumber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Cumberland County Court of Common Pleas CIVIL ACTION/MORTOAGE FORECLOSURE NO~CE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You axe warned that ff 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT VVHERE YOU CAN GET HELP. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la noi/ficacion. Hace faita asentar %ma comparencla escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las 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 nofificacion. Ademas, la corte puede decidir a favor del demandante y reqinere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIC1ENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Assodation 2 Liberty Avenue Caxlisle, PA 17013 (717) 249-3166 Cumberland County Bar Association 2 ;Abet ty 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 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 337 Old State Road, Gardners, PA 17324. 3. The Defendant is Cassie L. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, Gardners, PA 4. and her last-known address is 337 Old State Road, 17324. On May 19, 1998, mortgagors 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 1454, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 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 Interest 03/23/00 through 2/22/01 (Plus $25.92 per diem thereafter) Attorney's Fee Late Charges Corporate Costs Penalty Cost of Suit Appraisal Fee Title Search $ 93,933.08 $ 8,709.12 $ 4,696 65 $ 1,920 46 $ 920 50 $ 4,682 56 $ 225 00 $ 125 00 $ 2O0 00 GRAIqD TOTAL $115,412.37 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 Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE RFt..,.Oi;.O:..:{ OF DE[:.D$ 'ga [q[~ al ~Pl 10 ~PEN-END MORTGAGE ~pp~c,~o. ~, ,,oso,~.2 This Moagage se~r~ ~re adv~ DA~ ~ PART~. ~e ~te of ~s Mo~age (Security l~t) is ~ay ~9, 1998 ~d ~e panic, ~elr address ~d ~ i&n~cation ~mbem, if r~uir~, are ~ follo~: MORTGAGOr: Stanley E Ri~hwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES [] If checked..refer to the. attach, e.d.A.d.dgadu_m_incorpomtM herdn, for additional Mortgagors, their signatures and acknowledgments. " ~NDER: ~reen Tree Consumer Discount Company 3401 Hartzdale Drive suite 118 ' C~p }{ill, Perinsylvania 17011 · ,.', : -~.,~ CONVEYANCE.: F6r'g~xl and valuable ~onsiderati~n, the xeeeipt mad suffi~en~y of which is admowladged, and to secure the Secured Debt (d~ned below) and Mortgager's l~efformance under this Security Instrument, Mo~gagor grants~ bargains, conveys .'nd moi'tga'"'ge's~to LeMer the following described progeny: The property is located in ............. G~evlar~l ........................................ at ................................................ ~ ..~_.. (County) , . -.%!x' Gardners ....................... : ................................... , ................................................... Pennsylva~a 17324 Together with all fights, easements, appurtenances, royalties, rdneral dghts, oil and gas rights, all water and t/parian fights, ditches, and water stock and all existing and future improvements, stmc~tres, fixtures, and replacemen~ that may now, or at any time in the furore, be pan of the r:al estate d~cfibed above (all refereed to as "Property'). MAX]iWt)M 0BLI0~ATre(~ L}~Y,',~T. The total principal amount secured by this Security Instrument .t ~my one t/me shall not e×c~ed $ .....................................................~' "'~'-~" 'll~s limitation of anaouat does not include interest and other fees and cha~g,s validly made pu~uam to this Secnt/ty lna~ent. ,Also, this Iimhafion does not apply tu advances reade ur~ler the terms of this Security Instrument to protect Lend6r's security and to perform any of the covenants contained in this Security Instrument. SECURED DEBT AND FUTURE ADVANCES. Tee term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other eviden~ of debt deset/bed below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below It is ~uggested that you Include ~tems such as borrowers' names, note amounts, Interest rates, maturity dates, etc.) No~e dated May 19, 1998, between Sree~ Tree Consumer ~iscoun~ Company and S~anlay E RiChwlne, Cassie L Rlchwtne, for $95,508.00, m~LgLuqing May 23, 202~_.. .. __ B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to L~nder under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Imtrumcnt is specifically referenced, If more than one person signs thls Security Instrument, each Mortgagor agrees that this Security Instrument will secure all funtre advances and furore obligat/ons that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and o~ers. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. Ail future advances and other future obligations are secured ns if made on the date o£ this Security Instrument. Nothing {u this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commianent must be agreed to in a separate wridng, 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 agr~nent between Mortgagor and Lender. D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Proper~ and its value and .any other sums advanced and expev.~s incurred by Lender under the terms of thls Security Instrument, This Security Insmunant will not sec-are any other debt if Lender fails to give any required notice of the right of resdssion. PAYMENTS, Mortgagor agrees that all payments under the Secured Debt will be paid when due and tn accordance with the terms of the Secured Debt and this Security Instrument. WARRANTY OF TITLE. Mortgagor wan'aras that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the fight to grant, burgs/n, convey, sell, and mortgage the Property. Mortgagor also warrants that thc l~roperty is unencumbered, except for encumbrances of record, 7. PRIOR SECURITY INTERESTS, Wi~ regard to any other mortgage, decal 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 request any futura advances under any note or agreement secured by the lien document without Lender's prior writtan consent. ** CLAI1VJ.~ AGAINST TITLE. Mortgagor will pay all taxes, assessmentS, liens, encumbrances, lea~ payments, ground mats, 'utilities,. and otber charges relating to the Property when due. ,Lend.er may req.uire .Moa. gago. r .~ provid~ ..W. Lender copies of ail notices that such ~:nounts are due and the receiptS evidencing Mortgager's payment, Mortgagor wall d~fcnd tide to the Property against any claims that would impair the lien of ~his Security Instrument. Mortgagor agrees to assign to Lender, ~s requested by Lend,r, any rights, claims or &lenses Mortgagor may have against parties who supply hber or materials to maintain or improve the Property. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the ~ecu.red Debt to be immediately due and payable 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 covensm shall run with the Property and shall remain in effect until the Secured Debt is paid in frill and this SeeuHty Instrument Is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impa/rmem, or deterioration of the Property. Mor~gagor will keep the Pix)petty free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor wilt not permit any change /n any l/tense, restrictive covenant or eas~mant without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actiona against Mortgagor, and of any loss or damage to the Property. 13. 14. Leader or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the pnrlpos~ of Inspcetlng the Property. Lender shall give Mortgagor notice at the time of o~' before an Insl~ctlon speci~ing a reasonable purpose for the im-pectiom Any iusp~tion of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained ia this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgager's narc~ or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create au obligation to perform, and Lender's failure to perform will not preclude Lender from exen;lsing any of Lender's othe~' fights under the law or this Security Instrument. If any construction on the Propett)' is discontinued or not carried on in a reasonable mauner, Lender may take all steps necessary to protect Lender's security interest in the P~operty, including completion of Lhe construction. 12. AS$IGNMIgNT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to LeMes as additioml security all the ~ight, title and interest in and to any and all existing or furore leases, subleases, and any other written or v~baI agreements for th~ use and occupancy of any portion of the Property, including any exteasinm;, renewals, modifications or substimtlons of such agreements (ail referred to as "Leases") and rents, issues and protits (ail referred to as "Rents"). Mo~tgagor will promptly provide Lender with true and correct copies of ail existing and future Leases. Mortgagor ma), collect, receive, enjoy and use the RenTs so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgago~ agrees that this assignment is immediately effective b~tween the parties to this Security Iastrmuent a~d effective as to third parties on the recording of this Security lratrumcnt, and this assignment will remain effective umll the Obligations satisfied, Mortgagor ngrees that Lender is entitled to notify Mortgagor or Mortgager's tenants to make payments of Rents due or to become duo dlrectiy to Lender after such recording, however Lender agrees not to notify Mortgager's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgager's te~muts pay all Rents d~e or to become due directly to Lender, On r~eivlng notice of default, Mortgagor will endorse and deliver to Leader any payment el' Rents in Mortgager's posse~ion and will rnccive any Peats in trust for Lender and will not comm;ngle the Rents With any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no dcfault exists under the I.~ases or any applicable landlord/tenant law, Mortgagor also agrees to maintain a~d rcq. ulre any tenant to comply with the terms of the Leases and applleablc law. LEASI~HOLD$; CONDOMINIUMS; PLANNED UNIT DEVELOPMEENT$. Mortgagor agrees to comply with the provislo~ of any lease if this Scc:ufity I~strumcot is on a leasehold, If the Property includes a unit in a condominium or a pla.m~d unit development, Mortgagor will perform all of Mortgngor's duties under the covenants, by-laws, or regulatlo= of the cundomialum or planned unit development. DEFAULT. Mortgagor will be in default if any p. any obligated on the Secured Debt fall.s to m_ak~, payment whell due. Mortgagor will be in default ifa breach occurs under the terms of this Security Instrument or any other document executed for the purl~se of creating, securing or guarantying the S~cured 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 au event of default. REMEDIES ON DEFAULT, Ia some Instances, federal and state l~w will require Lender to provide Mortgagor with notice of the fight to Cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender ma), accelerate the Seau~ed Debt and foreclose this Security Iustmment in a maimer provided by law if Mortgagor is in defaldt. At the option of Lender, all or any part of the agreed fees and charges, scorned interest and pri~zipal sllall become immediately due and payable, aRer giving notice if required b), law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. Ail remedies are distinct, cumulative ~ not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether o.r not expressly set forth. The acceptance by Lender of any sum in payment or partlal pa)meat On the Scanted Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a wader of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgager's default, Lender docs no~ waive Lender's fight to later consider the event a default icl it.con~anes or happens again. :{6. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS~ FEES; COLLECTION COSTS, Except when prohibltcd by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Insm.tmcnt, Mortgagor will also pay oa demand any 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 incurred by 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. 17, ENVIROIgMENTAL 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 oontarnimmt which has characteristics which render thc substance dangero~ or potent/ally dangerous to the public h. ealth, safety, welfare or environment. The .term includes, without I/mltatlon, any substances defined as "hazardous material," 'toxic substances," 'hazardous waste" or "hazardous substance" under any Enviromental Law. Mortgagor represents, warrants z.nd agrees that: A, Except as previously disclosed and acknowledged in writing to Lender, no I4'~r,/uns Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of H:~'-~rdons Substances that are generally recognized to be appropriat~ for the normal use and naaintenanc¢ of the Property. B, Except as previously disclosed and acknowledged ha vfdting 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 Enviroamantal Law concerning the Property. In such an event, Morrgngor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately nctlf~ Lander 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 Ffa?ardous Substance or the violation of any Environmental Law. CONDEMNATION, Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or tak~ any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgager's name. ia any of the above described actions or claims. Mortgagor assigns to Lender the preceeds of any award or claim for damages connected with a condemnation or other ~aking of all or any part of the Pwperty. Such proceeds shall be con~demd payments and will be applied as provided la this Security Instrument. This assignment of prnceeds is subject to the terms of any prior mortgage, deed of trust, secutity agreement or other licn 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 maintz/ned in the amounts and for thc periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fnils to malnmin the coverage desert"ned 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, .~dl insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, wheze applicable, "lose payee clause.' Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hoId 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 hotice to the insurance carrier and Lender. Lender may malc~ proof of loss if :~ot made immediately by Mor~gagor. .s. 1454 .89'2 Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, wheaer 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 fi~e Property is acquired by Lender, Mortgagor's fight 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 ]NSURkNCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required w pay to Lender funds for taxes and insurance in escrow. 21. YINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provMe ~o Lender upon request, any financial statement or information Leader may deem rensouably necessary. Mortgagor agrees to slgn, deliver, and file any additio~ufl doctunants or eenlficafions that Lender may consider necessary to perfect, continue, and preserve Mortgagor's cbllgado~s under this Security Instrument and Lender's lien s~atus on the Property. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this ~ecufity Ix~trument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt ~nd Mortgagor does not agree to be personally liable oa the Secured Debt. If this Security lnsu-ument secures a guaranty between Lender und Mortgagor, Mortgagor agrees to waive any fights that may prevent Lender ~xom bringing any action or claim against Murtgagor or any party indebted under the obligation. These rights may include, but ar~ not limited to, any anti-delicien~y or one-act{on laws. Mortgagor agrees that Lender and any party to this Security Instrumeut may extend, modify or make any change iu the terms of tkls Security Instrument or uny evidence of debt 'Mthout Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The dudes and benefits of this Secudty Instrument shall bind and benefit the successors and nssigns of Mortgagor and Lender. 24. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, This Security lnstrement is governed by the hws of the jurisdiction in which Lender is Ioca~d, except to the extent otherwise required by the laws of the jurisdiction w~ere the Property is located. This Security Insm~mant is cumplete and fully integrated. This Security Instrument may not be amended or modified by oral agreexnant. Any section in this Security Iustmmant, at~danents, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impli~[y permits the variations by written agreement. If any section of als Security Instrument cannot be enforced according to its terms, that section will be severed and ~1 not affect the enforceability of the remainder of this Security Instrument. Whenever used, the slagular shall inolude the plural and the plural Cae singular. The capaous and headings of the sections of tiffs Security Instrument are for convenience only and axe not to be used to interpret or define the terms of this Security Insmanent. Time Ls of the essence in this Security IasWaraant. NOTICE. Unless otherwise required by law, any notice sh~ll be given by delivexing.k or. by mailing it by first class mai[ to the approptlate party's address on page I of this Security Instrument, or to any o~er address deslg~ted in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors, 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any fight to appraisement relating to the Property. 26. OTHER 'I'EKNIS. If checked, the following are applicable to this Security Instrument: [] Line of Credlt. The Secured Debt ineludes a revolving llne of crcdil provision. Although the Secured Debt may be reduced to a zero balance, figs ~ccurhy Instmmem will remain in effect until released. [] Comtructlon I_~an. This Security Instrument secures an obligation incurred for the construction of an improvement on thc Froper~y. [] Fixture Filb~g. Moggagor 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 Instrument suffices ss a firancing statement and my carbon, photographic or other reproduction m~y be filed of record for purposes of Article 9 o[ the Uniform Comme~clal Code. [] Purdmse Money. Th~s Security l~stx'~.ment secures advances by I~nder ~c~l in whole or [n part to accl~'e the Property. Accordingly, this Security l~stru~ent, and the llen hereu~er, is and shall be co~m~ed as a purchase money mo~age with all of the Hgh~s, priori~es and be~H[s thereof nnder the laws of ~e Commonwealth of Pennsylvania, [] NOTICE TO BORROW~R~ THIS DOCUNI~NT CONTAINS PRO'VISIOnS ]FOR A YARIABL~ INTEI~EST RATE, [] Riders. The ~ovenants and agreemea~ of e~ch of the dders checked i'~low' are incorporamd'into and supplement and amend the terms of this SecuHly Instrument, [Check all a~plicable boxes] [-[ Condominium t~der ~ Plumed Unit Development Rider [] Od~er ................................................... [] Addlfloral Terms. $iG. ,NA, TURES: By signing below, Mortgagor, intending to be legally bound hereby, ,agrees to the ~e. ~r~., and co ,Velmr~ contained in this Security Iraa'ument and in any attachments, Mo~gagor also acknowledges receipt of a copy of this Secunty Ir~trumem on the date z~ated onpage 1. (s~oamr~) ~anley E Rxchwine ~ate) ACKNOWLEDGMENT: Cassia L Richwlne ~al:) COMMONWEALTH OP ....P. emnsy, l.vani~ ............... , COUNTY OF ,..~,...,79.'9~,~.~.O,,..,~...~.. ............ } ss On ~s the 19~h day of Ma,v ~998 before me .~..~,-- ~" ' ............. ~ .................. , ........ ..~..L~ ................. , the undersigned of~cer, p~mor~lly apl~ared .Stanl~y..~. l~i ch~:ina ..Cas sia.L. ~lch~ine ......................... .......................................................................................... known to ~ (or sa~factodly proven) m be thc per~on(s) whose name(s) is subscrlbed to the within instrument, and acknowledged that he/she executed the same for th~ purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ~!:D; "' ~"'~.~'~'~ % .~..c~?¥ ! LormeyH Grove Nora P .................................... ............................................................... s vi ' ................................................. .,o.o 1454, t [page Legal Description: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME Q-36 PAGE 49E Parcel ID: 08-38-2175-012 State of Penns~t~ran~a 1 County of Cumbe~lardJ' 86 Recorded in ,the offl~ f~' the re~ng of Deeds act I~.and {c~i~l~edaad Count~'(~Ct 895 CONSECO~ STANLEY RICHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 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 axplaina how fha program works. To see if HEMAP can help, you must M~ET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with tha Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with 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 NOTIFICION EN ADJUNTO ES DE SLrMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGrBLE PARA UN PKESTAMO POR EL PROGRAMA LLAMADO ."HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED/MIR SU H[POTECA. XHIBIT "B'? COI~SECO F~NANCE SeevlclNc Coal~. 7.t~o S Kyrene Road Tempe, Arizona 85~83-45,~3 CONSECO~ Date: 6/27/00 TO: STANLEY RICHWINE 337 OLD STATE ROAD GAKNDERS, PA 17324 2656 2850 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 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 OTHIiR 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 ennsumer 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 antlon against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit eounsellng 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 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 wiih 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 spplications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your applieation 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, CONSECO FINANCE SSP, VIC[NG COS. P. 73(~o S Kyrene R~ad Tempe, Arizona 85,-Sj~4j83 AGENCY ACTION ---- Available funds ~drS&'n~n~:}' mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria as~ablished 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 CUP. RBNTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD CT BE CONSIDERED AS AN ATTEMPT TO COLLECT 7fHE 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 TIlE DEFAULT --- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, PA 17324 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:4/23/00- $889.79,5/23/00~$855.79, 5/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PASTDUE: $3822.27. B. YOU FL4.VE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CL.rp, z THE DEFAULT ---- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOLrNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PER/OD. Payments mast be made either by cash, cashier's 5:hook, certified cheek or money order made payable and sent to: Conseeo Finance, 7360 So Kvrene 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 thls 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 fights 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 i.nstruct its attorneys to start legal action to foreelose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Shedffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before tho lender begins legal proceedings against you, you will still be required to pay the reasonable aRomey'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 a~:omey'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 tho 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 Sheriff's 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 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 wl3at the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrane Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 6027333-6460 Contact Person: Ruth Hemandez 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUNfPTION OF MORTGAGE --- Ye u 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 ailomey's fees and costs are paid prior to or at the sale and that the other requlrements of the mortgage are satisfied. YOU MAY ALSO I-/AVE 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 OCCLrRRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CUIIB YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEA~0 --- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TI-IE 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 Counseliug Agency List an: Customer File Pennsylvania CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Roa~ct 91 Notice Tempe, Adzona 88,q-3 t 5-~733 CONSECO, CASSIE RICHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. information about the nature of the default is provided in the attached pages. Spe~flc The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ('H~MAP) 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 CONSOMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE 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 enclosed with 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 NOTIFICION EN ADJLrNTO ES DE SUMA IMPORTANCIA, PUES AFBCTA SU DERECHO A CONTRqUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OETENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARP, IBA. PUEDES SER ELEGrBLE PARA rAN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED/MIR SU HIPOTECA. CONSECO. Date: 6/27/00 TO: CASSIE RICHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 2656 2867 Loan No.:6900980878 Mortgaged Premises:337 OLD STATEKOAD GAKDNERS, PA 17324 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 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 arcange 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 U'P 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 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 asslstanee from the Homeowner's Emerganey 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 applieations for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your applieatien 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 FINANCE SEaVICING CooP, T~6o 5 Kyrene Road Tempe, Arizona 85,-83-4.~,~3 CONSECO, AGENCY ACTION ---- Available funds f~g~,3d~;~e~, mortgage assistance ara 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 CUPd~NTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOP. INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN A'rlk;MPT 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: 337 OLD sTATE ROAD. GARDNERS, PA 17324 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:4/23/00- $889.79,5/23/00-$865.79, 6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DUE: $3822.27. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not uso if not applicable): HOW TO CLrp, E 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 TH~ LENDER, W-HIGH IS $3822.27, PLUS ANY MORTGAGE PAYMlgNTS AND LATE CHARGES WHICH BECOME DUE DI. TRING THE THIRTY (30) DAY PERIOD. Payments must bo made either by cash, cashier's cheek, certified check or money order made payable and sent to: Conseco Finance, 7360 So Kvrene 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 wlth{n THIRTY 00) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that tho 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 MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Shefiffto pay offthe 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 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 added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defanlt 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 prbcipal balance and all other sums due under the mortgage. CONSECO~ RIGHT TO CURE TH~ 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 from the date ofthls Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of c0urse, 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 TH~ LENDER: Name of Lender: Conseno Pinance 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 s Sheriff's Sale will end your ownership of the mortgsgcd property and your right to occupy it. If you continue to live in the proper~y aiter the Sheriff's Sale, a lawsuit to remove you and your fumishings 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 ou*.standing payments, charges end attorney's fees and costs are psid prior to or st the sale and that the other requirements of the mortgege 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 CURIt YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTI-IER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUNfENTSi .... 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 ConnselLug Agenoy List cc: Customer File SHERIFF'S RETURN - CASE NO: 2001-01581 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CONSECO FINANCE CONSUMER DISC VS RICHWINE STANLEY E ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, RICHWINE STANLEY E unable to locate Him COMPLAINT - MORT FORE in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was He therefore returns the the within named DEPENDANT , NOT FOUND RICHWINE STANLEY E as to HOUSE VACANT HAS A REALTY SIGN ON IT. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 R. Thomas KIi~'e Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 04/20/2001 Sworn and subscribed to before me this ~g~ day of ~ Prdthonetary SHERIFF'S RETURN CASE NO: 2001-01581 P COMMONWEALTH OF PENNSYLVANIA COUNTY 0F CUMBERLAND - NOT FOUND CONSECO FINANCE CONSUMER DISC VS RICHWINE STANLEY E ET AL R. Thomas Kline duly sworn according to inquiry for the within named defendant, RICHWINE CASSIE L unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and DEFENDANT but was He therefore returns the the within named DEPENDANT NOT FOUND , as to , RICHWINE CASSIE L HOUSE VACANT REALTY SIGNE ON PROPERTY. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 R. [Thomas Kli~e-- Sheriff of Cumberland County MCCABE WEISBURG & CONWAY 0 /20/200 Sworn and subscribed to before me this ~ ~ day of ~ ~0~3/ A.D. Protlh~notary ' McCABE, WEISBERG AND COAIWA¥, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Nut,bet 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas i TRUE COPY FROM RECORO · in Ted~m~my wh~, I here unto .~t...~ _ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE A~SO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al parlir de la fecha de la demanda y la notificacion. Hace falta asentar una compazencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las 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. Aderaas, la corte puede decidir a favor del demandante y requiere que tasted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos impor tantes para usted. 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 ESCFdTA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Cumberland 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 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Stanley E. Richwine, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last~known address is 337 Old State Road, Gardners, PA 3. The mortgagors and 17324. Defendant is Cassie L. Richwine, who is real owners of the mortgaged property one of the hereinafter described, and her Gardners, PA 17324. 4. On May 19, last-known address is 337 Old State Road, 1998, mortgagors 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 1454, Page 889. mortgage attached as Exhibit Road, Gardners, PA 17324. The premises subject to said mortgage is described in the "A" and is known as 337 Old State 6. The mortgage principal and interest is in default because monthly payments of upon said mortgage due April 23, 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 $ 93,933.08 Interest 03/23/00 through 2/22/01 $ 8,709.12 (Plus $25.92 per diem thereafter) Attorney's Fee $ 4,696.65 Late Charges $ 1,920.46 Corporate Costs $ 920.50 Penalty $ 4,682.56 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $115,412.37 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 Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. 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 .RF:OOF. DER OF DEEDS 'S8 ~]~ ~1 ~l 10 ~PEN-END MORTGAGE ~uux~xo~ ~ ,~o~o~xs~ ~ Me,gage se~r~ ~re adv~s DA~ ~ PAR'r~. ~e ~te of ~s Mortgage (Security l~t) is ~ay 19, 1998 ~d ~e pa~i~, ~vir address md ~ lden~cation ~mbem, if r~uk~, are ~ follows: MOrTGAGOr: Stanley E Riehwlne and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES [] If chcc.~cl..reFer to ~e. attached. Ad.ck~flu_m. jncoq~orate4 herein, for additional Mortgagors, ~heir slgnamres and acknowledgments, LENDER: Green Tree Consumer DiseounL Company 3..401 Hartzdale Drive Suite ' Car~p Hill, Peru'lsylvania 17011 CONVEYANCE; F,~r*good lind valuable consideration, the receipt aad .aifticlea~y of which is acknowledged, and to s~cure the Seem'ed Debt ..(.de~ned below) and Mon. gagor's performmzce under thts Security Instnmaent, Mortgagor grams~ bargains, conveys ahd mo~ts~¢e Leader the following deseribad progeny: See A A ,; '" The property is located tn ............. Oarbenland ........................................ at ................................................ ; .:.~-, . Jco~uU,) , ....%r: ~araners Pem'~ ' anl 17324 ' (Address) (City) (Z~ Co4e) 'I ogeth, er with all tights, easements, a. ppurte .es, royalhes, mineral rights, ell and gas rlghts, all water and npanan rights, ditches, and water stock and all existing and future improvements, stractures, fixtures, and repheements tha~ may now, or at any dine ia fl~¢ furore, be par~ of the real estate d~cribed above (all referred to as "Property'). exceed $ ..................................................... T~s llmiiadoa el' amount docs not tnelado Interest md o~or fees and charg~ validly made pursuant to ~s Security Instrument. AL~, this llmimtioe does not apply to advances made under the terms o£ thls Security Instrument to protect L~ad~r'a security and to perform any of the covenants con.ned in t~is Security Instrument. SECURED DEBT A.ND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the tern~ of all promissory' note(s), contract(s), guaranty(s) or other eviden~ of debt described below and all their exteaslons, renewals, modifications or substitutions. (When referencing t~e debt~ below It is ~uggested that you include items such as borrowers' .aznes, note ampuntx, interest rates, maturity dates, etc.) Note dated May 19, 1998, between Green Tree Consumer Discoun~ Company and Stanley E Richwlne, Cassie L Richwine, for $95,500.00, ~g,tD.~inq May 23, 2023, ..< ~ ~ B, Ail future advances ~'om Lender to Mortgagor or othee Bature obligations of Mortgagor to L~nder note, contract, ~ty, or o~er cvldencc of debt executed by Mo~gago~ in favor of Lander ex~uted I~t~ment whaler or ant ~s ~cudty I~ant is speclflc~ly referenced, If more ~ one person sig~ ~is Sec~ty Imt~ant, ~cb Moa~agor agr~ &at ~is S~uHty ~tmmeat ~[1 s~are all &~e adv~ees ~d ~t ~e given to or lnc~ by ~y one or more Mortgagor, or ~y one or mom Mortgagor ~d o~ers. All ~ture advanc~ and o&er &~ obl[gatio~ ~e s~ur~ by ~s S~ty I~ment even &ough ~1 or p~ may not yet advice. All ~ra edvances and o~er ~re obligatio~ ~e s~ured ns if ~de un &e ~te of No~ing in ~s S~dty I~t~e~t shall co~titute a cool.ant to ~ addifio~l or ~e loa~ or adv~ces in ~y ~o~t, ~y ~ch ~i~ent must ~ agr~ to In a ~p~at~ writing. C, All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibit~ by l~.w, including, but not limited to, liabilities for overdrafts relating to an,' deposqt account agreement between Moagagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and ha value and .any o&er sums advanced and expenses incurred by Lender under the terms nftMs Security Instrument. This Security Instrument will not secure any other debt if Lender ~ls to give any required notice oF the fight of rescission, 5. PAYMENTS, Mortgagor agrees that all payments under the Secured Debt will be paid when due and In accordance with the terms of the Sevared Debt and t/tis Security Instrument. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the tight to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also wan'ants that the P~operty is ananeumbered, except for encumbrances of record. 7. PR/OR SECURITY INTERESTS, With regard to any other mortgage, deed of trust, ~ec~rity asreeranat or other lien document that created a prior security interest or encumbrance un thc Property, Mortgagor agrees: A. To make ail payments when due and to tx;Worm or comply with nil cove~n~. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any mediflcntiun or extension of, nor to r~quest any future advances under any note or agreement secured by thc lien document wlthout Lender's prior written consent. CLA~k9 AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lea~ payments, ground rents, 'utilities,. and. other charges relating to the Property when dxte. ?nd~er may req.~re .Mo .rtgag.or .to pz'o. vid¢ to Lender copies of ali llotices that such amounts are due a~d the receipts evidancmg Mortgagor's payment, Mortgagor will d~fend title to the ProI~rt¥ against any claims that would impair file lien of this Security InStramem. Mortgagor agrees to assign to Lender, as requested by Let~Ier, a~y rights, claims or defonses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. DU~ ON SALE OR ENCIf/VIBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, mmsfer or sale of file Property, This tight is abject to the res~¢tlons imposed by federal law (12 C.F,R. $91), ns applicable, This covenant shalf tun with the Property and shall remain in effect until the Secured Debt is paid in full and th~s Security Instrument is released, 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property ia good condition and n~ak~ ail repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep thc Prepesty free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and us~ will not substantially change w/thout Lender's prior written consent, Mortgagor will not permit any change in any I/Cerise, restdcdve covenant or easement without Lendec'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 an}' ressomble dme for the purpose of ]ns~cdng the Property. Lender .,~.~TT glve Mortgagor notice at the tlme of or he.re an inspection speci~ylng a reasomble pu~s~ for the insp~ctiom Any inspection of the Property sl'~l be entirely for Lender's benefit and Mortgagor 'Mil in no wa}' rely on Lender's inspection. 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 lo b~ performed. Mortgagor appoln~ Lender ss nltomey ia fact to sign Mortgagnr's nan~ or pay any amount necessary for performance. Lentil's fight lo perform for Mortgagor shall not create an obligation to perform, and Leader's failure to perform will not preclude Lender from ~erdslng any of Lender's other rights under the law or this Security Instrument, If any consU'uctlon on the Propeab, Is dlscond hued or not carried on, in a reasonable manner, Lender may take ail steps necessary to protect Lender's s~cufity interest in the Property, inclndin~ completion of the construction. 12. AS$IGNlVIENT OF LEASES AND RENTS. Mortgagor irrevocabl}' grants, bargains, conveys and mortgages Jo Lender as additimaal secufity all the fight, title and 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 any extensiom, renewals, modifications or substitutions of such agreements (ail referred to as "Leases") and rents, issues and pt~oflts (all referred to m "Renls"). Mortgagor will promptly provide Lender with mir and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents $o long as Mortgagor is not in default under thc terms of this Security Instrument. Mortgagor agrees that this assigmnent is immediately effective between the parties to this Securlt~ Instrument and effective as ¢o third parties on the recording of this Seeufity Insmanent, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender Is entitled to notify Mortgagor or Mortgager's tenants to make payments of Rents due or to bee. omo due directly to Lender after anch recordk[g, however Lender agrees not to notif7 Mortgager's tenants until Mortgagor defaults and Lender aotlfies Mortgagor of the default a.nd demands that Mortgagor and Mortgager's tenants pay all Rent~ due or to become due directly to Lender, On receiving notice of default, Mortgagor `MI1 endorse and dui{vet to Lender any payment of Rents in Mortgager's possession and will receive any Rents in t-mst for Lender and will not oomrn;!lgle the Rents with any other funds. Any amounts collected will be applied as provided in this Secarity Instrument, Mortgagor warrants that no default exis*e under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to matntaln and requh~ any tenant to cumply with the terms of tile Leases and applicable law. 13, LEASEHOLDS/ CONDOMINIUMs; PLANNED UNIT DEVELOPM~ENTS. Mortgagor agrees to comply with the provisio~.s of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit developmenh Mortgagor `MIl perfoun ail of Mortgager's duties under the covenants, by. laws, or regulations of the condominium or planned unit development. 14, DEFAULT. Mortgagor will be in default If any p, arty obligated .on the .Secured Debt fail,s to make payment when due. Mortgagor will be ru default ifa breach occurs under the terms of th:s Secumy Instrument or any od~r document executed for the purpose of creatLng, securing or guarantying the S~ured 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 shail also constitute an event of default. REMEDI'~'.$ ON DEFALrLT. In some iustanc~, federal and sate l'aw will reqnire'Leeder to provide Mortgagor with notice of the right to cure or other notieas and may establish time schedules for foreclosure actions. Subject to these limlations, if any. Lender may acce crate the &-cured Debt and foreclose thts $ecunty Instrument m a mantter prowded by law ff Mortgagor is in default. At thc option of Lender, all or any part of the agreed feea and charges, accrued 'merest and prmeipal shall become 'mmedately due and payable, after glv~ng notice if reqnired by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies pmvlded by law, the terms of the Secured Debt, this Security Instrument and any related dncmnents. All remedies are dislanct, cumulaave and not excluszve, and the Lender is eothIed to all remedies provided at law or er!airy, whether o.r not expressly set forth. The acceptance by Lender of ajay sum in payment or parti',d payment on the Secured Debt after the balance ~s due or |s accelerated or after force osure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgager's default, Lender does not wave Lender's right to later consider the event a default ff it. con,noes or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lerder's expenses i£ Mortgagor breaehas any covenant in this Security Imm.unent. Mortgagor will also pay on demaud any ~mouot incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Prope~y and Lender's security interest. These exper~es will bear [nter~t from the date of the payment unfit paid ia foil at Ge highest interest ram in effect as provided in the tenus of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rlgbls and remedies under this Security Instrument. This anaount 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. ENVIRONMF. NTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Envlronrnenal Law means, wi~out lh'nitation, the Comprehensive Environmental Respome, Compensation and Liabili~/Act (CBRCLA, 42 U.S.C. 9601 et seq,), ~d ali other federal, state and local la'~, regulations, ordimnces, court orders, attorney general opinions or interpretive letters concerning the public health, safety, weffnre, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, peliuunt or contaminant which ~ characteristics wMch render the substance dangerous or potentially dangerous to the public h. ealth, safety, welfare or environment. T~e .term includes, without limitation, any substances defined as 'tazardous n~lerial,' 'toxic substances,' 'hazardous waste' or 'hazardous substance' under any Environmental Law. Mortgagor represents, warram;s and agrees that: A. Except ~s previously disclosed sad acknowledged in writing to Lender, no Hazardous Substance is or w~ll ~ located, stored or released on or in the Properly. This restriction does not apply to sr~ll quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and n~memance of the Property. Except as previously disclosed and acknowledged in wddng to Lender, Mortgagor and every tenant have been, are, and shall rem;da in full compllmuce w/th any applicable Environmental Law. C. Mortgagor shall immediately notify Lender ifa release or threatened release cfa Hazardous Substance ncc'ur~ on, under or abOut the Property nr there is a violation of any Environmen~ Law concernin~ the Property. In such an event, Mort$agor shall take all ncccs~ remedial action in accordance with any Envlranmen~ Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to ~lleve there is any pending or threatened investigation, claim, or proceeding relating to the ~lease or threatened release of any Ha~?dous Substance or thc violation of any Environmental Law. CONDENINATION. Mortga~or will give Lender prompt notice of any pending or threatened action, by private or public entities to p~h~ or ~ ~y or ~l of ~o Pro~ny ~ough condem~flan, eminent domain, or any o~er ~ean~. Moggagor auto.ca ~nder to lntcwc~ in MoHgagor's mm~in any of ~e a~ve d~cH~ ~tlons or cl~. Moagagor ~s;gm to Lender ~e pt~e~ of ~y awed or claim for ~ages co~ecteff ~ a eondcmmtion or o~et Pwpe~y. Such p~eeds sh~l be co~ide~ pa~ents and will be ~pI/ed aasi~em ofpr~e~s a subject to ~e ~ of any p~nr me,gage, d~d of ~st, ~u~ agr~ment or o~er Ilea d~umeni. 19. INSURANCE. Mortgagor shall keep, Property im~red against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its ty~e and location. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance casrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably wid~beld. If Mortgagor falls to maintain the coverage described above, Lender may, at Lender's opdon, obtain coverage to pwtec¢ Lender's debts in the PrOperty according to the terms of this Security Instrument. A.ll insurance pollc[ea and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immedhtely notlfy Lender of cancellation Or termination of the instance, Lender sh~l have the dght to hoId the pol/c/ea and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums ~d renewal notices. Upon loss, Mortgagor shall give in~aediate hotice to the i~urance carrier and Lender. I..~nder 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 applleafion of proceeds to principal shall not extend or postpone the duc date of the scheduled payment nor change the amount of any payment. Any excess will be paid to thc Mortgagor. If the Property is acqalred by Lender, Mortgager's fight to any insurance policies and proceeds resulting from damage to the Property before thc aCClnlSifiun shah pass to Lender to the extent of the Secured Debt immediately before the &cquls~non. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not tm required to pay to Lender funds for taxes and insurance in escrow. 21. I~fNANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Leto:let may deem reasonably necessary. Mortgagor agree~ to sign, deliver, and file any addidomd documents or cerdficadons that Lender may consider necessary to perfect, continue, and preserve Mortgager's obligations under this Security Insmanent and Lender's lien status on the Yroperty. 22. JOI]NT A2qD IND/VEDUAL LIABILITY; CO-SIGN~RS; SUCCESSORS A.ND ASSIGNS BOUND, All duties under this Security/x~trumcut ~e joint and individual. If Mortgagor signs this Security Instrument but does not sigu an evidence of debt, Mortgagor does so only to mortgage Mortgager's interest in the Property to secure payment el' the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument eecures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringiag any action or claim against Mortgagor or any pony indebted uuder the obligation. These rights may inslnde, but are not limited to, uny and-deficiency or eno-action laws. Mortgagor agrees that Louder and uny gamy to this Security Instrument may extend, modify or make any change in the terms of this Security/nstxumeat or any evidence of debt without Mortgagur's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The dudes and banefi~s of dais Security Instrument shall bind and benefit the successors and ~signs of Mortgagor and Lender. 23. APPLICABLE LAVVi SEVERABILITY; INTERPRETATION, This Security Instrument is governed by the laws of the jurisdiction in w~ch Lender Is located, except to the extent otherwise tequlred by the laws of the jurisdiction where the Property is located. This S¢ctwhy 1nsu'ument is complete and gully integrated. Thls Security Instrumeut may not bo am~dcd or mod/fled by oral agreement. Any secdon in this Security Znsmnnent, attachments, or any agreement relat~ to the Secured Debt that conflicts with applicable law will not b~ effective, unless that hw expresaiy or impliedly pea'mits the vadadom by w~'itten agreement. If any section of this Security Instrument cannot bo Chromed according to i~s tunas, that section will be severed and will not affect the ~nforceabHity of the remainder of this S~curity Instrument. Wbencvcr used, the singular shall include the plural and the plural tlm singular, The capdons and headings of the secdoes of this $ccudty Instrument are for convenience only and are not to bo used to interpret or define the terms of this Security Iustxument. Time is of the essence in this Security Insmnncut. 24. NOT/CE. Unless othemsdse required by law, any notice shall be given by delivering.it or. by mailing it by first class mail to the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors, 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. .893 26. OTHER TERMS. If checked, the follo'Mng are applicable to this Security Instrument: [] Line of Credit. The Secured Debt includes a revolving line of cr~h provision. Although the Secured Debt may be reduced to a zero balance, th/s ,~curhy Instrument will rennin in effect undl released. [] Construe[ion Le~n. This Security InsLmruent secures an obllgadon iocusred for ~e construction of an [mproYement on th~ Property. [] Fixture FRLug. Mortgagor gr~nts to Lender a security interest in all goods that Mortga.~or ow'ns now or in the ~uture and that are or will becorue fixtures related to the Prol~rty. This Sccuri~ Instrument suffices a a financing stateruent ~nd any carbon, photograph/c or odmr reproduction n'my be filed of record for purposes of Anicle 9 of the Uniform Commcrclai Code. [] Purchase Money. TEis ~¢udty Instrument secures advances by Lender used in whole or in part to acquire the Property, Accordingly, ~bls Security Imtmment, and the llen hereunder, is and shall b~ constraed as a purchas~ ruoney mortgage with ~11 of the rights, priori~ea and benefits ~hereof under the laws of the Commonwealth of Pannsylv~ia. [] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEKEST RATE. [] Riders. The novenana and agreements of ~ch of th~ riders checked be~ow' ~ incorporated'into and supplement and mnand the terms of ~hls Security Instalment, [Check all a}pllcable boxes] [~ Condominium Aider [] Planned Unit Development Rifler [] Other ................................................... [] Additional Ten'r~. SIGNATURES: By signing below, Mor~gagor~ intending to be legally bound hereby, agrees to the ~e~ms and covenants con.ned in this Security Instrument ~ in any attachments. Mortgagor also acknowledges receipt o£a copy of tMs Security Instrument on the dam s~aced onpage 1. (s~mtur~) Cassie L Richwlne ACKNOWLEDGMENT: P ' CO ~_~ .%~..~_. ~ C%,~. E COMMONWEALTH O .... P~un~y,l,van~a. ............... , U~ OF ............. ~ ................. ~ .......... } ~. <~z~u On ~s, ~e .....1.9~h ........... ~y of ~..~9.98 ................................ before me ~9,~.~.~,.~ ...... , ~ unde:i~ officer. ~o~ly ap~ed .St:[~y,,~. Ei:~ne.,~a~ ,L, ~l~h~ine ......................... .......................................................................................... ~o~ to me (or ~shctodly preen) m be ~ per~n(s) who~ ~e(s) is ~b~fibed to ~e wi~in J~t~ent, ~d ac~owiedg~d ~ he/she ~tcd ~e ~e for ~ pu~s ~erein con~d. In wlt.noe~ whereof, I hereunto ~t ruy Eand and official seal. / .................. I ........... .......................................... ............................................................. ...................................................................... Legal Description: BRIEF LEGAL DESCRIPTION; ALL THAT CERTAIN PROPERTY SITUATED IN DICKINSON TOWlqSHIP, CUMBERLAND COUNTY AND COMMONWEAATH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARING AMONG THE LAND RECORDS OF TEE COUNTY AND STATE SET FORTK ABOVE IN DEED BOOK VOLUME Q-36 PAGE Parcel ID: 08-38-2175-012 State ef Penne~anla 1. CountY of Cumb~land~' 86 Recorded in,the offl~ f~ ~e r~ng ~ ~s ec~ ~a~d f~~ ~u~ . 0o 1454 895 CONSECO,, STANLEY RICHV/INE 53? OLD STATE ROAD GARNDERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ,l'une 27, 2000 This is an official notice that the mo~gaga on your home is in default, and the lender intends to foreclose, Spec/fie information about the nature &the default is provided in the attached pages. The HOMEOWNER'S MORTOAGE ASSISTANCE PROGRAM (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 WI'rl-fiN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notlee ',vith you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies sen, lng your County are enclosed with 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-I 869). 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 NOTIFICION EN AD/UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TKADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCL~ (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PAPA UN PRESTAMO POR EL PROGRAMA LLAMADO ."HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCB PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEI~CHO A KEDIMIR SU HIPOTECA, 73~o S Kyrene R.ad Tempe, Arizona 888- CONSECO, Date: 6/27/00 TO: STANLEY RICHWINE 337 OLD STATE ROAD GARNDERS, PA 17324 2656 2850 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 FROM: Conseco Finance Consumer Discount Company yOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND IdFELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF TH~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .... IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, .... IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR. MORTGAGE PAYMENTS, AND .... IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled ~o 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 FOK EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. TH~ PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMEK 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 a/~er the date of thls meeting. The names, addresses and tdephone numbers of designated consumer credit counseling agencies for the county in which th~ property is located are enclosed with this Notice. /t 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 Noffce (see fol!owlng pages for speclfio information about the nature of your default.) If you have tried and ara unable to resolve this problem with the lender, you have the fight to apply for financial ass~stence from the Homeowner's Emerg'eney Mortgage Assistance Program. To do so, you must fill out, slgn and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Peansylvanla Housing Finance Agency. Your appIication 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 LBTTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDLATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CON,ECG FINANCa SaRv[CING CORP, 736o $ K)'rene Road Temp~, Adzofla 85.-8.~-45B3 CONSECO, AGENCY ACTION ---- Available funds f~d~r/~gen~ mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility ~r/terla established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a dec/s/on afl:er it receives your application. DuWng that time, no foreclosure proceedings will be pursued against you if you have met the t/me requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency oflts decision on your application. NOTE: IF YOU A/:~E CURRENTLY PROTECTED BY THE FILING OF A PETITION 1N BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD eT BE CONSIDERED AS AN ATTEMPT TO COLLECT.THE DEBT. (If you h ave 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: 337 OLD STATE ROAD, GAP,.DNERS, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAV'B NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now paSt due:4/23/00- $889.79,5/23/00-$865.79, 6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90, TOTAL AMOUNTS PAST DLr~: $3822.27. B. YOU HAVB FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CLrRE 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 $3822.27, PLUS ANY MORTGAOE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by caSh, cashier's ~:heelc, cer~fied check or money order made payable and sent to: Conseco Finance. 7360 So Kwene Rd, Temoe. AZ 85253 (do not send cash). You can cure any other default by taking the following action w/thin THIRTY (30) DAYS of the date ofthls 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 thls 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 w/thin THIRTY 00) DAYS, the lender also intends to instruct/ts attorneys to start legal act/on to foreclose upon your mortgaged properly. rF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sberiffto pay offthe mortgage debt. If the lender refers your case to/ts attorneys, but you cure the delinquenay before the lender begins legal proceedings against you, you v,411 still be required to pay the reasonable 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 added to the amount you owe the lender, which may also include other reaSonable costs. If you cure the default within the THIRTY 00) DAY period, you will not be required to pay attomey'a 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. CoNs~co Fm^Nc~ SsawcINo Co~'. 7360 S Kyrene Road Tempe, 3.rizon~ 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 t/me up to one hour before the SherifFs 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 aa if you had never defaulted. EARLIEST POSSLBLE SHERIFF'S SALE DATE -~- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged properly could be held would be approximately one month from the date ofthla No~qce. A notice of the actual date of the Sherlff's Sale will be aent 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 wl3at the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conaeco Finance Consumer Discount Company Address: 7350 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hemandez EFFECT OF SHERIFF'S SALE --- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your rlght to occupy it. If you continue to llve in the property after the Sheriff'a Sale, a lawsuit to remove you and your furnishings ~nd other belongings could be started by the lender at any time. ASSLrMPTION OF MORTGAGE --- You may or __X may not (CHECK ONE) sell or transfer your home to a buy~' or transferee who will assume the mortgage debt, provided that all thc outstanding payments, charges and atlomey'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 Tlt~ RIGHT: --- TO SELL THE PROPERTY TO OBTA1N MONEY TO PAY OFF TFffi MORTGAGB DEBT OR TO BORROW MoArBY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. --- TO HAVE THIS DEFAULT CLrP. ED 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 CURB 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 DOCUIvl~NTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIBVE YOU MAY HAVE TO SUCH ACT/ON BY Tt{E LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Permsylvania Consumer Credit CounseI/ng Agency List cc: Customer File Pennsylvania CONSECO FINANCE SERV/CING Coop. 7s o s Kyr .. s,, 4et 91 Notice Tumpe, Arizcanl ~$-,~q3-45,~.t CONSECO, CASSIE RiCHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE June 27, 2000 This la an official notice that the mortgage on your homo 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 expla{ns hew the program works. To sca if HEMAP can help, you must M~ET WITH A CONSUMER CREDIT COUNSELING AGENCY WITItlN 30 DAYS OF THE DATE 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 enclosed with this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with ~mpalred hearing can call (717) 780-1869). 2~ials Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may bo able to help explain ft. 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 AD/UNTO ES DE SUMA IMPORTANC[X, PUES AFBCTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMI°RENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENOA DNA TRADUCCION INMEDITAMENTB LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLrMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL Ct/AL PUEDE SALVAR SIJ CASA DE LA PERDIDA DEL DERECHO A RED/MIR SU HIPOT~CA. CO~S~ico FIN^NC~ SEaVtCth'G Coat'. 7.1~o $ Kyr~ne 8,~8-3 r .~-H733 CONSECO, Date: 6/27/00 TO: CASSIE RICHWINB 337 OLD STATE ROAD GARDNERS, PA 17324 2656 2867 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 PROM: 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 TIIE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .... IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, .... IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND .... IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are entitled to a temporary stay of foreclosure on 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 WITHTN 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 agenci~ listed at the end ofthis 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 thc property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender in{mediately 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 fight to apply for financial assistance from the Homeowner's Emergency Mortgage Aeslstanee Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Applicatlon with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counsellng agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Y~ur a~plieati~n MUST be ~led er p~stmarked within thirty (3~) days ~f y~ur face~t~-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, CONSECO FINANCE SERVICING CORP, 7'360 S Kyrene Rnad AGENCY ACTION -~-- Available funds ~dr e~gen~:~, mortgage assistance are very l~mited. 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 req uirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on ),our application. NOTE: IF YOU ARE CURRENTLy PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOT/CE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN A'ITEMPT TO COLLECT TH]~ DEBT. ('/fyou have filed bankruptcy you can st/Il apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATIYRE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 337 OLD STATE ROAD, GARDNERS, FA 17324 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'.4/23/O0- $889.79,5/23/00-$865.79, 6/23/00.$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PASTDUE: $3822.27, B. YOU HAV~ 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 ofthls notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOiV~ DUE DURING THE THIRTY (30) DAY PERIOD. Payments must bc made either by cash, cashier's check, certified check or money order made payable and sent to: Conaeeo Finance. 7360 So Kwene Rd. Temve, AZ 85253 (do not send cash), You can cure any other default by taking the folIowlng aetlon 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 st/thin 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 ~alance ofthls debt w/Il 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 MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Shefiffto pay ortho mortgage debt. If the lender refers your case to its attorneys, but you cure thc delinquency before the lender beg/ns legal proceedings against you, you will still be required to pay the reasonable 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 added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TH/RTY (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, CONSECO PINANCa SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 888-3 r.~-8733 RIGHT TO CURE TH~ 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 dght to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any Iate or ether charges then due, reasonable attorney's fees and costs connected w{th the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in wrlt~ng 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 from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of c0urse, 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 TH~ LENDER: Name ofLende'r: Conseno Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 ContoRt Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE .... You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and yanrright to ocoupy it. If y~u ~~ntinue t~ ~ive in the prep~rty afier the ~he~ff ~ ~a~e, a ~awsuit t~ rem~ve y~u and y~ur furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .... You. . may or .X . may not (CHECK ON~) 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 CUllED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. .... TO HAVE TH~ MORTGAGE R~STORED 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 DOCLrNfENTS~ --- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACT/ON BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvarda Consumer Credit Counsel/rig Agency List Customer File McCAEE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCAEE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283'' Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas TRUE COPY FROM RECORD CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wanted that ffyou fail to do so the case may proceed without you end a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le hah demandado a asted en la corte. Si usted qinere defenderse de astas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al par tit de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecienes a las dementias en contra de su persona. Sea avisado que si asted no se deflende, la corte tomara medidas y puede con~inuar Ia demanda en contra suya sin previo aviso o notfficacion. Ademas, Ia corte puede decidir a favor del demandante y reqinere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos impor tantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 24%3166 McCABE, WEISBERG AND CONWA¥, 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 f/k/a Green Tree Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Yo Stanley E. Richwine 337 Old State Road Gardners, PA 17324 and Cassie L. Richwine 337 Old State Road Gardners, PA 17324 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Conseco Finance Consumer Discount Company f/k/a Green Tree Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is mortgagors and real described, and his Gardners, 3. mortgagors Stanley E. Richwine, who is one of the owners of the mortgaged property hereinafter last-known address is 337 Old State Road, PA 17324. The Defendant is Cassie and real owners of the L. Richwine, who is one of the mortgaged property hereinafter described, and her Gardners, PA 17324. 4. On May 19, a mortgage upon the premises which mortgage is recorded Cumberland County in Mortgage Book 1454, last-known address is 337 Old State Road, 1998, mortgagors made, executed and delivered hereinafter described to Plaintiff in the Office of the Recorder of Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 337 Old State Road, Gardners, PA 17324. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 23, 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 $ 93,933.08 Interest 03/23/00 through 2/22/01 $ 8,709.12 (Plus $25.92 per diem thereafter) Attorney's Fee $ 4,696.65 Late Charges $ 1,920.46 Corporate Costs $ 920.50 Penalty $ 4,682.56 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $115,412.37 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 Defendants in the sum of $115,412.37, together with interest at the rate of $25.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. 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 ',,' r:~ p. ZI!:GLI£R ,. ,,....[ l ~ .~ n..~- :{ OF DEED5 '98 fll'q lO PEN-END MORTGAGE ~ Mo~gage se~r~ ~re adv~s DA~ ~ PARTES. ~e ~te of ~s Mortgage (Security Im~t) is May ~9 pam~, ~e'r eddm~s ~d ~ [denfigcation ~mhem, ifr~uir~, are ~ follows: MORTOAGOR: Stanley E Richwine and Cassie L Richwine HIS WIFE, AS TENANTS BY THE ENTIRETIES [] If chec.~:l, .rolex to the. attach, ed. Ad.~du~_incorporate4 herein, for edditio,rm.1 Mortgagors, their slguamres acknowledgments, " Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 ..' ~r~p Hill, Pennsylvania 17011 ::.',, : CONVEYANCE< F,6r'good and valuable consideration, the xeceipt and sufficiency of wbAch is acknowledged, and to secure the Sec~ed Debt (.defined below) and Mon. gagor's performance ander this Secumy Insmmae.~, Mortgagor grants, bargains, conveys End mo~tg~g~tto Leader the following described progeny: see ibte' ,. · , .~, '. ' 4 The property is located tn ............. Cumbez. land ........................................ at ................................................ , ....,,.~z . . . ~araners Pem~ ' a~ ~7324 ' (A4dre~) (Ci~) (Z~ Together with all fights, easements., a. ppurtenances, royalties, ra~ueral rights, oil anti gas fights, all water and fipalfan fights, ditches, and water stock and all extstrug and future improvements, structures, fixtures, and replacements that may now, or at any time i.n fl~e furore, be part of the real estate described above (all re£erreti to as "Property'). exceed $ .....................................................,~ t~uu-uu Tiffs lh'nltafion of &mount does not include [nterest and other fees and charges validly made pursuant to ~s Security Instn,tment, Also, tbls ffrdtatlon does not apply to advances r~de uMer terms of ~s Seeu.~ty Instrument to protect Lend6r'a aeeufity and to perform any of the covenants con.ned in Iastrument. b-'~CURED DEBT/LND FUTURE ADVANCES, The term ",%cured Debt' is defined as follows: A, Debt incurred under the mnns of all pron:dssoqr note(s), contract(s), guaranty(s) or o~et evidence of debt described below and all their extensloas, renewals, modificatlor~ or substitutions. (When rfferenctng the debts below it is suggested that you Include items such ax borrowers' names, note amounts, interest rates, maturity dates, etc.) Note dated May 19, 1998, between ~reen T~ee Consumer Discount Company and Stanley g Richwine, Cassie L Richwine, for $95,500.00, m~tpxing May 23, 202.3,. B. All future advances from Lender to Mor~gagor et other future obligatiuns of Mortgagor to L~uder under any prot~ssory note, contract, guaranty, or uther evidence of debt executed by Mortgagor in favor of Lender executed after ).bis Security I~st~meut whether or ant this ~;urlty Instrument is specifically referemced, Ii'more th,~u one person signs this Security Instrument, each Mortgagor agrees that this Security Instrumen~ will secure all future advances and future oblig~tions ttuat ar* given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other futur* obligations are secured by this Secu~ty Instrument even though all or part may not yet be advanced. Ail future advances and other future obligations a~e secured as if m~de on the date o£ this SecutiVj Instrument. Nothing in this Security Instrument shall constitute a commitment to malc~ additional or furore loans or advances in any amount. Any such c, ommltment must be agreed to in a separate writing. C. All obligations Mortgagor owes to L~nder, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposqt acconnt agreement between Mortgagor and Lender. D. All additional sums advanced and eXl:ensns ineurreti by Lender for insuring, preserving or othem'Jse protecting the Property and fts value and .any other auras advanced and expenses incurred by Leader under the tern of'this Security Instrument. This Security Instrument v,411 not secure any other debt it'Lender fails to give a~y required notice of thc fight of rescL.~ion. 5. pAYlVIENTS, Mortgagor agrees that all payments under the Secured Debt will be .paid when due and tn accordance with the terms of the Secured Debt and this Secmqty InstrLmaent. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Lostrument a~d has the Hght to grant, bargain, convey, soil, and mortgage the Property. Mort~agor alpc, wan'ants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS, With regard to any other mortgage, deed of trust, s, curtly agreement or other lieu document ileal created a prior security intel'est or encumbran~ on tho Property, Mortgagor agrees: A. To malt~ all payments when due and to perfurm 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 exte..nsion of, nor to request any furore advances under any note or agreement secured by the lien document without Lender's prior written consent. CLA/lV/S AGAINST TITLE. Mortgagor will pay all taxes, assessmentS, liens, encumbrances, lense payments, ground rents, 'utilities,. and. other charges relating to the Property when du~. Lend.er may r~xt.uire .Mo .rtgagor to provide to Lender copies of ~otlces titat auch amounts are due and the receipts evidencing Mortgager's payment, 19IS&gnp'or will defend ddt to property against any claims that would in, pair the ilea of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, my fights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or Improve the Property. DL~ ON SALE OR ENCO2VIBRANCE. Lender may, at its option, declare the entire balance of the ~cuzed Debt to be immediately due and payable upon the creation of, or contract for ~e creation of, any lien, encunlbtance, tra~far or sale of the Property, This right is subject to the restrictions imposed by federal law (12 C.F,R. 591), as appi/cable. This covenant ~hal[ ran with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument Is released; PROPERTY CONDITION, ALTERATIONS AN]) INSPECTION. Mortgagor will keep the Property itt good condition and make all repalr~ that are reasonably necessary. Mortgagor abel[ not commit or alIow any waste, impairment, or derer~oratiou of the Property. Mortgagor will keep the Property free of noxlo~ weeds and grasses. Mortgagor agrees that the nature of the occupancy and uso will not substantially change without Lender's prior written consent. Mortgagor will not permk any change in any I/reuse, restrictive covenant or easement without Leader's prior whiten consent. Mortgagor will notify Lender of all demands, proceedluga, 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 reaso~bIe dmn for the pu~ ofi~cdng ~ Pro~y. Lender ~I give Mon~agor notice at ~e ~e of or he.re ~ i~cfinn ~ci~in~ a r~mble pu~ ~or ~e i~ctlon. Any ]~p~don o~ ~e Property s~l ~ entirely for ~ader*s ~nefit ~d Mo~gagor ~11 ~n no way rely on ~nder's i~p~doa. AUTHORITY' TO PERFORM. If Mortgagor falls to perform any duty or any of the covenants contained in this Securhy Instrument, Lender may, without notice, perform or cause them to 1~ performed. Mortgagor appoints Lender as a~tomey in fact to sign Mortgager's name or pay any amount necessary for performance. Lender's dght to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from ~emislng any of Lender's ether fights under the law or this Security Instrument, If any construction on the Property Is discontinued or not carried on h~ a reasormble manner, Lender may t,~ke all steps necessary to protect Lender's s~cufity interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages in Lender as addltiomd security all the right, title and interest {n 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 any extensions, renewals, modifications or substitutions 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 furore 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 Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obllgadons arc satisfied, Mortgagor agrees that Lender Is entitled to notify Mortgagor or Mortgager's tenants to make payments of Rents due or to become due directly to Leader after such recording, however Lender agrees not to notify Mortgager's tenants undl Mortgagor d~fanlts and Lender notifies Mortgagor of the default and demands that Mortgagor and Monflagor's tenants pay all Rents due or to become duc directly lo Lender, On recnivlng notice of defauk, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgager's pnsseaslon and will mcalvn any Rents in trust for Lender and will not coramhlgle the Rents wlth any other funds. Any amounts collected will b~ applied as provided .in this Security Instn.anant, Mortgagor warrants that no default exists under tho Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOM2NI'UMS; PLANNED UNIT DEVELOPhd[ENTS, Mortgagor agrees to comply with the provlsio~s of any lease if this Security Instrument is on a leasehold. If the Proix~rty includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgager's duties under the covenants, by-laws, or regulations of the coedomlalum or planned unit development. 14, DEFAULT. Mortgagor wdl be in defiult If any p, arty obi:gated on the Secured Debt fail,s to make payman~ when due. Mortgagor will bern default/fa breach occu~ under the terms of this Security Insteament or any otter document executed for the purpose of creating, securing or guarantying the Secured Debt. A good ~th belief by Lender that Leader at any time is insecure with respect to any person or entity obligated on tM Secured Debt or that the prospect ninny payment or the value of tho Property is Impaired shall also constitute an event of default. 15, REMEDIES ON DEFAULT. In some instances, federal and state l'aw will reqnir~'Leader to provide Mortgagor with notice of the fight to cure or other notices and may establish time schedules for foreclosure actions. Subject to the~ limitations, it' any. Lender may accelerate the Secured Debt and foreclose this Security Instrmnent in a manner provided by 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 {rmnedlately due and payable, after giving notice if required by/aw, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all thc remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. Ail remedle~ are dlsfinct, cumulative and not exclusive, and the Leader is entitled to all remedies provided at law or eqniU', whether o.r not expressIy set forth. The accep 'lance by Lender of any ~ in payment or.partial payment on the Secured Debt alter the balance is due or is accelerated or afl:er foreclnsure proceedings are filed shall not constitute a waiver of Lender's fight to require complete cure of any existing default. By not exercising any remedy on Mortgager's defau!t, Lender does not walvn Lender's fight to later consider the event a default iIit.con?'nues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS, Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this ,.~ecurity Instrument, Mortgagor will also pay on d~mand any amount incurred by Lender for insuring, impectin$, pre~crving or otherwise protecting the Propert7 trod Lender's Security interest. Th~se expenses will bear Interest from thc date of the payment unti[ paid in full at the blghast interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender ia collecting, enforcing or protecting Lender's rights and remedies under this Seeurky Instrument. This amount may imlude, but is not limited to, attorneys' fees, coua costs, and other legal expenses. TMs Security Instrument shall remah in effect until released. Mortgagor agrees to pay for any recordation costs o finch release. ENVlRO~TAL LAWS AND ItAZARDOUS SUBSTANCES, As used in this section, (1) Environmental Law means, with. out ILrnilation, the Comprehensive Envlroameatal .Response, Compensation amd L{abilit7 Act (CEP..CLA, 42 U.R.C. 9(~01 et ~q,), and all od:mr federal, slate ~nd local law~, regulations, ordinances, court orders, etton'ley general oplaiona or inte~retiYe letters concenaing the public health, safety, welfare, envlroamen£ or a hazardous substance; and (2) Hazardous Sub$lanc* means any toxic, radioactive or hazardous material, waste, pollutant or conlamlnant which has characteristics wMch render the substance dangero~ or potentially dangerous to the public h. ealth, safety, welfare or environment. The .tem~ includes, without limitation, any aubstancas defined as "tmzarduns material,~ 'toxic substances," "hazardous waste' or 'hazardous subs~nce" under any Envlronmen~ Law. Mortgagor represents, warrants aml agrees that: A, Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or releasnd on or in the Property. Tttis restriction does not apply to small quantities of Hazardous Substances that are generally recogr, ized to be appropriate for the normal use and maintenance of the Property. Except as previously disclosed and aclatowledged 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 )-I~rdo~ Substance occurs on, under or al)Out ~ Property or there is a violation of any Environmental Law concernlng tho Property. In such an event, Mortgagor shall take all necessary rem~llal action in accordance with a.~y Envlrom~ental Law. D. Mox~gagor shall tmmedistdy until7 Lender in writing as soon as Mortgagor has rca.son to believe there is any pending or threatened investigation, talin, or proceediag relating to the release or threatened release of any Hazardous Substance or th* violation of any :Environmental Law. CONDEMNATION. Mortgagor will give Lender prompt notice of any pendlng or threatened action, by private or public entities to F. trchase or take any or all of the Property through condemnation, eminent domain, or any other meat,% Mortgagor authorizes Lender to intervene tn Mortgager's name. lo any of the above described actions or clalm~. Mortgagor asslgn~ to Lender ~e proceeds of any awazd or claim for damages connected with a condemnation or other taldag of ali or any part of the Property. Such proceeds shall be conslder~rl payments and will be applied as provided In this Security Instrument. This assiKament of proceeds is subject to the terms of any prior mortgage, deed of trust, securlt7 agreement or other lien document. 19. INSURANCE. Mortgagor shall keap. Pmpert7 insuced against loss by fire, flood, thef~ and other hazards and tis~ reasonably associated with th~ Property due to its type and location. This insurance shall be maintained in the amotmts and for the periods that Lender rotukes. The in.mrsnoc carder providlng the insurance sh~l 1~ chosen by Mortgagor subject to Lender's approval, wMch shall not be unreasonably withheld, If Mortgagor f'aiis to main~aM 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. Ail insurance policies and renewals shall be acceptable to Lender and shall includea s~atdard 'mortgage clause" and, where ap.pllcable, ~loss payee clause.' Mortgagor ~hall immedfittely notify Lender of cancellation or termination of the instance. Lender shall have the right to hold the policles a~d renewgs, if Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate hotlce to the insurance carrier and Lender. Lender may mal~ proof of loss if not made immediately by Mortgagor. Udeas 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 applicatlon of proceeds to pdncipal shall not extend or postpone the due date of the scheduled payment nor chide the mount of any payment. Any excess will be paid to thc Mortgagor. If the Property is acquired by Lender, Mortgager's right to any insurance pollc~es and proceeds resulting fi.om damage to the Property before the acquisition shill pass to Lender to the extent of the Secured Debt Lmmediately l~fore the acqulsldon. 20. ESCROW FOR TA;~ES AND INSI./Po~CE. Unl~s otherwise provided in a separate agreement, Mortgagor w~II not be required re t~ay to Lender funds for taxes ~md insurance in escrow. 21. lrlNANCIAL REPORTS AND ADDITIONAL DOC~TS. Mortgagor will provide to Lend0r upon request, any financial statement or inf'ormation Lender may deem zeasrmably necessar7. Mortgagor agrees to sign, deliver, and file any addidomd documems or certifications thai Lender may cat. des necessary to perfect, contiune, and pre,eryc Mortgager's obligations under this Security Instrument and Lender's lien smtns on the Property. JOINT AND II~IVIDUAL LIABILITYi CO-SIGNER.SI SUCCESSORS AND ASSIGNS BO~. ~l duties und~ S~udty ~ent ~c joint ~d in~vld~. If Mong~or s[~ ~s S~dty I~i~ent bu[ does not sign an ~vidence of debt, Mo~g~or does m o~y to mortgage Mo~agor's imes~t in ~e Pro~y to ~ure pa~en~ of ~e Secme~ Deb~ Mong~or does ~t agr~ to ~ pe~lly llabl~ aa ~e S~ured Debt. If ~s Seemly Imminent s~ a ~ be[w~n Leni~ md Mo~agor, Mo~g~or ~ees to ~ive ~y figh~ ~t may pr~ent ~nder ~m bHng[~ ~y sedan or el~m ng~t Mortgagor or ~y pray indebt~ un~r &e obligation, ~ese fighB may ineluie, but ~e not 1~i~ anti~efideney or une-ac~on hws. Mo~gagor ~re~ ~t Lender ~d ~y pray m ~s ~c~ty I~ent may extend, m~i~ or ~ ~y c~e in &e terns of ~s S~d~ I~mmm or ~y evidence of debt ~out Mo~/or's cement, Such a ~e ~I1 not rel~ Men/agar ~m &o t~ of &~ Se~fi~ Imt~e~. ~o dufi~ md ~fi~ o~ ~ Im~unt sh~ bind ~d ~nefi~ ~e mec~sors ~d ~si~ of Mo~gagoc ~d ~nder. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION, Tds Security Instrument is govented by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws o~' the jufisdlction where thc Property is located. This Security Insu'ument is complete and fully integrated. This Security Instrument may not be amended or modified b7 oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that eonfllets with applicable law wtll not be effective, unless that law expressly or implledl7 permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its t~rms, that section will be severed and w/Il not affect the unforceabillty of' the remainder of' this Security Instrument. Whenever used, the slngular shall include the plural ~md the plural the singular, The captions mad headings of the secfioes of t[~s Security Iestmment are for convenleane only and are not to be used to interpret or define the terms of' this Security lnsmmaent. Time [s of the essence in this Secudty Insl~'ument, 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering,it or. by mailing it by first class mail to the appropriate party's address on page I of this $eeurity Instrument, or to an7 other address designated in writing. Not[ce to one mortgagor will be deemed to be notice to all mortgagors, 25. WAIVERS. Except to the extent proldbked by law, Mortgagor waives any Hght to appraisement relating to the Property. · .,oo i45't A,r 2t93 2~. OTIEEK TERMS, If cbeckcd, the follow/~I are applicabIe to tt6.s Secudty hsWament: [] Line of Credit. Tho Secured Debt ir~ludea a revolving line of ercdk provision, Although the Secured Debt may be reduced to a zero balance, ll~s Security Instrument will rema'n in effect unbl released. [] Con:flructlon Loan. Thls Secarity Instrument secures a~ obllgadon incurred for the constmctlon of an improvement on th* Property. [] l*ixture l~ling. Mortgagor grantS to Leader a security interest in all goods [hat Mortgagor owns now or in the future and that are or will become fixtures related to the Pru~rty. TMs Security Instrument suffices as s financing statement and any carbon, photograpMo or other reproduction may be flied of record for purposes of Ankle 9 of the Uniform Commercial Code. [] Purchase Money. This Scemlty Instrument secures advances by Lender used ia whole or in part to acqulre the Property. Aeconl/ngly, this Security lnstnunent, and the Ilea hereunder, is mad shall be construed as a purcha.~ money mortgage with all oft he rights, priorit/es and benefitS thereof under thc laws of the Commonwealth of Pennsylvania. [] NOTICE TO BORROWER; THIS DOCUNIENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE, [] Riders. The covenants end agreements of each of the riders cho~ked below'am incorporated'into and supplement and amend the terms of th;s Security Instrument. [Check all ai>pllcable bo:tea] F'l Condon~nium Rider [] Planned Unit Development Rtder [~] Other ................................................... [] Additional Terms. $IGHATURES: By signing below, Mortgagor, intending W bt legally bound hereby, agrees lo the ~erms and covenants con.ned in thls Security nstmment and n any attachments. Mortgagor also acknowledges receipt ora copy of ttds Security Instrument on the date stated oapag* 1. ACKNOWLEDGM2ENT: (Slg~tur,) Cassie L Richwlne Oat*) CO rOmVS^L OS ..............., COU OF ................ ) On~s,~,... 19~h ~yof~ 1998 ...... bcfomm~ q~ ~" ' ~e undeal~ officer, ~ao~ly ap~ed .St~Ley.,E. gic~ne..~sia.L. ~l~h~tne ......................... ......................................................................................... , ~o~ m ~ (or ~flshctogly proven) m be ~ per~n(s) who~ ~e(s) is ~b~fibed to ~o wi~in i~ent, and ac~owledged ~t he/she ~tcd ~e ~e for ~e pu~s ~erdn con~d. In witness whereof, I hereunto set my hand and official seal. · '..' ~"..'q ..' '......., "~'. ' "~ ~... [ NotarlalSeal ::qt~'~ ,'..~:~,F-~;* '*o ".~.v ILonney H. Grllvo Noblrv Poblla ". .................................. . 0.0x1454 894 Legal DescriptiOn: BRIEF LEGAL D~SC~IPTION; ALL THAT CERTAI~ PROPERTY SITUATED IN DICKINSON TOWlqSHIP, CUMBERLAND COUNTY AND CO6~ONWEALTH OF PENNSYLV~/~IA BEINQ MORE FULLY DESCRIBED IN DEED DATED 05/14/1998 RECORDED 05/11/1998 APPEARIN~ AMONG THE LAND RECORDS OF TRE COUNTY AND STATE BET FORTH ABOVE IN DEED BOON VOLUME Q-36 PAGE Parcel C~)umy of Cumbe~landJ .o~ .. Recorded [n ,the off;~ for the reeen~ng oi Pennsylvania 7~o s ~y~¢~ Ro~,h. ct 91 Notice Tempe, Arizona 85,-83-4583 888-3 t$-8733 CONSECO,, STANLEY RICHWiNE 337 OLD STATE ROAD OARNDERS, PA 17324 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Sune 27, 2000 This is an official notice that tho 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 ff 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 with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are enclosed with 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 heating can cell (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 NOTIFICION EN AD/UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT/NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FiNANCE AGENCY) SIN CARGOS AL NUM~RO M~NCrONADO 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 REDIMIR SU HIPOTECA. CONSECO, Date: 6/27/00 TO: STANLEY RICHW1N~ 337 OLD STATE ROAD GARNDERS, PA 17324 2656 2850 Loan No,: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD GARDNERS, PA 17324 FROM: Conseco Fin anee 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 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 Tt~ NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTAN'CE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CLFRE 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 ofthls meeting. The names, addresses and telephone numbers ofdeslgnated consumer credit counseling agencies for the county in which th~ property is located are enclosed with this Notice. R 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 fol.lowing pages for specific information about the nature of your default.) If you have tried and am unable to resolve this problem whh thc lender, you have the Hght to apply for financial assistance fi'om the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Applicat/on w/th one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete applicatlon to the Pennsylvanla Housing Finance Agency. Your applicaffon MUST be filed or postmarked w/thin thirty (30) days of your face4o-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 IMMX~DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECO, CONS.SCa ~INA~CE SERVICING CouP. ?.t~o S K:,'rene Tempe) Arizona 85~85-45~5 AGENCY ACTION ---- Avmlable funds ~r~r~'gen~ mortgage ass~stsnce are very hrmted. They w/Il be disbursed by the Agency under the ellgibHit¥ cr/ter/a established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a dec/den a/for it receives your applicat/on. Dur/ng that time, nn foreclosure proceedings will be pursued against you if you have met the time requirementS set forth above. You will be notified directly by the Pennsylvenla Housing Finance Agency Gilts dec/slen on your applicaHon. NOTE: IF YOU APE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD eT BE CONSIDERED AS AN ATTEMPT TO COLLECT.THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Asslstence.) 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: 337 OLD STATE ROAD, GARDNERS, PA 17324 IS SERIOUSLY/lq DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:4/23/00- $889.79,5/23/00-$gfi5.79, 6/23/00-$865.79. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $1100,90. TOTAL AMOUNTS PAST DUE: $3822.27. 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 T/CH TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3822.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier'a check, cert/fied check or money order made payable and sent to: Conseco Finance, 7360 So Kvrene Rd, Tempe, AZ 85253 (de not se~d cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthls letter: (Do not use if not applicable.) IF YOU DO NOT CURE TIlE DEFAULT ---- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the Iender intends to exercise its fights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be conddered due immediately and you may lose the chance to pay the mortgage in monthly instaIIments. 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 lega~ act/on to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriffto pay offthe morigage debt. If the lender re/ers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you w/Il still be required to pay the reasonable attorney's fees actually incurred up to $50.00, However, if legal proceedings are started against you, you w/II have to pay ail 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 the THIRTY 00) DAY period, you will not be required to pay attorney's fees. OT/t'ER 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 TH~ DEFAULT PRIOR TO SHERIFF'S SALE ---- If you have not cured the default within the THIRTY (30) DAY per~od and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any time up to Gee hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charge~ then due, reaaonable attoroe¥'s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in wr/tlng by the Iender and by performing any other requirements under the mortgage. Cufing your default in the manner ~et 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 eould be held would be approximately one month from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the 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: ConaeeoFinanceConsurnerDis¢ountCompany Address: 7360 So Kyrene Road, Tempe, Afizona 85253 Phone Number: 6027333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE .... You should realize that a Shefiff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shefiff's Sale, a lawsuit to remove you and your furnishings end other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .... You rnay 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 HAVIi TIlE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TI~ MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO FAY OFF THIS DEBT. --- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. --- TO HAVE THE MORTGAGE RESTORED TO THB 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 TI"/AN THI[EE T/MES IN' ANY CALENDAR · ---~ TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TI-IE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACRION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW, Enclosures: permsylvanla Consumer Credit Counseling Agenoy List cc: Customer File Pennsylvania 7360 5 K¥cene R¢,acl~let 91 Notice Tempe, Arlzcma CONSECO~ CASSIE R/CH%VINE 337 OLD STATE ROAD GARDNEP~, PA 17324 ACT 91 NOTICE TAKE.ACTION TO SAVE YOUR HOME FROM FORECLOSURE .rune 27, 2000 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 (HEN/AP) 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 WITHTN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice w/th you when you meet w/th the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Ageneles serving your Count3' are enclosed with 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 heating can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counsehng Agency may be able to help explain 't, You may also want to contact an attorney in your ares. The local bar association may be able to help you find a lawyer, LA NOT[FIC[ON EN ADJIJNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NU'AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AOENCIA (PENNSYLVANIA HOUSING F/NANCE AGBNCY) SIN CARGOS AL NLrMERO 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 REDIMIR SU HIPOTECA. 73~a $ Kyrene Tempe, Arizona CONSECO~ Date: 6/27/00 TO: CASSIB R/CHWINE 337 OLD STATE ROAD GARDNERS, PA 17324 2656 2867 Loan No.: 6900980878 Mortgaged Premises: 337 OLD STATE ROAD OARDNERS, PA 17324 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 ASS[STANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAOB 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 r:~TABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ---- Under the Act, you are ant/fled to a temporary stay of foreclosure on your mortgage for thirty (30) days from tha 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 lffBXT (30) DAYS. IF YOUDO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATJ~. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'; EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATB. 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 ofdeslgnated consumer eredlt counseJing agencies for the county in which the properly is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender irfimediately 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 probIem with the lender, you have the r/ght 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 ageneles have applications for the program and they will assist you in submi~ing 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 LM'MEDL4.TELY AND YOLrR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECO~ CoNs£co FINANCE S£RVI¢ING CORP. Tempe, AHzona 85_, ~3-4.~8j AGENCY ACTION -~-- Available Panda ~dr a~u4gen};,}t mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility er/icftu established by the Act. The Pennsylvania Housing Finance Agency has six/y (60) days to make a decision after it receives your application. During that t~me, no foreclosure proceedings will be pursued against you if you have met the t/me requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU APE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMAT/ON PURPOSES ONLY AND SHOULD eT BE CONSIDERED AS AN ATI'gMPT 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: 337 OLD STATE ROAD, GARDNERS, PA 17324 I$ $EPd'OUSLY IN DEFAULT because: A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follow/rig months and the following amounts are now past due:4/23/O0- $889.79,5/23/00-$865.79~ fi/23/00-$865.79. Other chargea (explain/itemize): NSF Fee: $0.00, Late Charges: $1200.90. TOTAL AMOUNTS PAST DLrE: $3822.27. B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACT/ON (Do not use if not applicable): HOW TO CURE THE DEFAULT -~-- You may cure the default within THIRTY (30) DAYS of the date ofthls notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER) WHICH IS $3822.27, PLUS ANY MORTGAGE PAY1V~NTS AND LATE CHARGES WHICH BECOME DUE DLIRING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified cheek or money order made payable and sent to: Conseco Finance, 7360 So Kvrene Rd, Temve. AZ 85253 (do not send cash), You can cum any other default by tddng the following action within ~TY (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 ofthls Notice, the lender intends to exemlse its r/ghts to accelerate the mortgage debt. This means that the entire outstanding ~alance &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 00) DAYS, the lender also intends to instruct/ts attorneys to start legal Ret/on to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriffto pa7 off.the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender beg/ns legal proceedings against you, you will still be required to pay the reasonable 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 excend $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 cum the default within the THIRTY 00) 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 begu,, you still have the right to cure the default and prevent the sale at any time up to cae hour before the Sheriff's Sale, You may do so by pa3n',g the total amount then past due, plus any late or other charges then due, reasonable ettomey'a fees and coats connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing soy other requirements under the mortgage. Curing your default in the manner set forth/n this notice w/Il re, tore your mortgager to the same position as if you had never defaulted. EARLIEST POSSI]3LE SHERIFF'S SALE DATE --- It is estimated that the earliest date that such a Sher/ff'a Sale of the mortgaged property could be held would be approximately one month fi.om the date of thio Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of cdurse, the amount needed to cure the default w/Il 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 THI3 LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602J333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hemanflez EFFECT OF SHERIFF'S SALE .... You should realize that a Sher/ff'a Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to llve in the property alier the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be star~ed 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 a~sume the mortgage debt, provided that all the outstanding payments, eharge~ and attorney's fees and costs are paid prior to or at the sale and that the other requlrements 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 F/AVE THIS DEFAULT CURED BY ANY TI~RD 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 CUP~ YOUR DEFAULT MORE THAN THILEE TIMES IN Al, FY CALENDAR .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUM~NTS~ .... 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: Pennsylvan/a Consumer Credit Counselhag Agency List cc: Customer File