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Home My WebLink About01-1732McCABE, WEISBERGAND CON~Y, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N,,m~er 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 V. James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Cumberland County Court of Common Pleas Number 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 warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. AVISO Le hah 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 notificacio~. Hace falta asentar u~a comparencia 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. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. S1 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 D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Cua~berland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. N~CABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Phil&delphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Vo James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Attorney for Plaintiff Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAgE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is James M. Minder, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 713 Harding Street, New Cumberland, PA 17070. 3. The Defendant is Margaret M.K. mortgagors described, Cumberland, Minder, and real owners of and her last-known PA 17070. who is one of the the mortgaged property hereinafter address is 713 Harding Street, New 4. On 11/17/99, 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 1583, Page 364. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 713 Harding Street, New Cumberland, PA 17070. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/22/00 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 $28,874.40 Interest 10/22/00 through 3/8/01 $ 1,541.29 (Plus $11.27 per diem thereafter) Attorney's Fee $ 1,500.00 Late Charges $ 248.58 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $32,714.27 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 t974 (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 $32,714.27, together with interest at the rate of $11.27 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J~.C~C~BE Commonwealth of Pmnsyl~,anfa Space Above TMs L~ue For gecomfing Data 7,rap,, ~z ~s2~ Nove~er 17, 1999 ~, ~cir ~ a~ ~ idend~ca~on n~s, · ~q~, ~c ~ follows: MORTGAGOR: Jameq M Minder, Margaret M.K. Minder [] If.~d,.~L m~the a~ched Addeadum-iacorpomt~,he~in, for.addltiomlMo~gagom~ ~r ggmmrc, san d ac~owIcdgmen~. LENDER: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 CONVEYANCE, ~dr good '0a/d valuable'cdnsiderati~n,, tbe rccelpt and ~fficienoy of.which is. a~.]d~o~,l~dged; and to .~cttrc U~c S~curcd Debt (defi~gd convis ~d mon~g~ to ~r ~e MH6~ ~b~'~wpc~: '7' ';~, . '- · ' ' ': .......... See ~b~ A . . . Cumberland · ' The propei'ty m located in ....................................................................... at ................................................ 713 Harding St New Cumberland ............ ~ ............................................... ?.-=..;.% ........................................ p=mmylvm~a 17070 Together with all right, casements, appurtenances, rvyalties, mineral Hgh~s, oil and gas fights, all water and riparian ditches, and water stock and ali existing and fumm improvements, structures, fixture, and replacements that may now, or at any time/n thc future, be parc of the real estate de~'ibed above (all referred to as "Property *). IVIAX~ OBLI~/~T~ L}~[IT, Th*' toni principal amd .mxt secured by th/s Security Instrument at any o~e time shall not exceed $ ..................................................... This lm~ttatma of amount ekes not ~t~ludc mtercst and other fees and charges validly rm~de pursuant to th/s SccufiW Instrument. Also. this 1/nfitation do~s not apply to advances made under the terws of this $~curky Instn~nent to protect Lender's sccmity and to p~rform any of thc covenants contnlned in this Sacuri~y · Insn'ument. SECUR~ DFBT'A~ ~qJTURE ADYANCF. S. Thc t~m '$acurcd Debt* is (kilned as follows: · .A. Debt inc~ ',-tier'the reims of all' pro~y'hote(s), contract(s) .gyayamy(s). or other ovid/race of dc~t .~. ' .b~i. · :,. below aud' all thetr extensions _renewals, modllicattuns or' substitutions. 0Yhna rcfer~nctng th~ debts §e.l.~v suggested that'you mclude ttemy ~uch as borrawers names, note aradunt~, lntere.rt rate. r. matunty dates, etc.) .Note dated November 17, 1999, between Conseco Finance Consumer Discount Company and B. All furore advances from Lender m Mortgagor or other future obligations of Mortgagor to Leader trader any promissory note. contract, guaranty, or other evidence of debt executed by Mor~gagor in favor of Leader executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security lnstsumcm, each Mortgagor agrees that th/s Security Instrument w/Il secure aR furore advances and future obligations that are given to or incurred by any one or more Mongagur, or any one or more Mortgagor and others. All furore advances and other future obligations are seem'ed by this Security Instrument even though all or part may n~t yet be advanced. All future advances and other future obligations arc secured a~ if made on the date of this Security Instrument. ~/othing in this Security Instmmem shall consfimm a commlm~ent to make additional or future loans or advancea in any amount. Any such commim:ent must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, m the extent not prohibited by law, including, but n~t limited to, liabilities for overdrafts relatiag to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expens~ incurred by Lender for insuring, preserving or other~se protecting the · . Pr01:~_rty and its v. al..uc aud..any other ?ms advanced and expenses, incurred by.Lender under, thc terms, of this Security Instrument. This Security Instrument will not secure any other debt if Leader fails to give any required notice of the right of rescission. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordanoe with the terms of thc Secured Debt and this Security Instrument. WARRANTY OF TITLE. Mortgagor wan'ants tl~ Mortgagor is or will be law~ly seized of the esiare conveyed by this Security I~tstrument and has the right to grant, bargain, convey, sell, ~ mortgage the Property; Mortgagor also warran~ that the Pr. operty is unencumbered, except for cncmbrsaces of record. 7. PRIOR SECURITY INTERESTS, W/th regard to any other mortgage, deed of trust, $ean"ity agreement or other lien · . document that created a prior ~cufity interest or encumbrance on thc Property, Mortgagor agree: I0. A. To make all payments Waen due and to perform or comply wi~ all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not W allow any motif/cat/on or extension of, n~r to request any future advances under any note or ~nt scoured by the lien document without Leader's pr/or written consent. CLAIiVlS AGAINST TITLE. Mortgagor will pay all taxes, assessmcms, liens, eaoumbr, ances, lease payments, grmmd reat~, utilities, and other claarges relating to thc PregeLl..y wh.e.g due. Lender may _r~l, ~re ..M, ortgago.r.to, pwvid,· ,.w. Leader copies of all ~.bficus thfif ~neh' ambimt~ a~re due'and-thc rec~ts evi~nalng Mortgager's pa'~menC lCtoffgagor wffi dffefid tide m the Property against any claims tlmt would impair the lien of this Security Instrument. Mortgagor agrees to nssiga to Leader, as requested by Lender, any fights, cJalmR or defellses Mortgagor may have against parties who supply/abet or materials to maintain or improve the Progeny. DUE ON SALE OR ENCLrM~RANCE. Lender may, at its option, declare the entire balance of the Seoared Debt to be immediately due and payable upon the ereatioa of, or corm-act for the creation of, any lien, enc-mhrsnce, transfer or sale of the Property. This fight is subject to the t~tricfions imposed by federal law (12 C.F,IL 591), as applicable. This cove,~m ~h~l! l'lln with the Pi'ninny and shall remain ill efl~ ~ the Secllred Debt is paid ia full and this Secur/ty IAsa-umeat is released. PROPI~RTY CONDITION, ALTERATIONS AND INb'PECTION. Mortgagor will keep the Protmrry in good condition and make all repairs that are reasonably necessary. Mongagor sh~!l not commit or allow, any waste, hnpainamu, or deterioration of th~ Property. Mortgagor will keep the Property ~ree of noxious weeds and gra,ss~. Mortgagor agr~s that the nature of the ncoupanoy and use will not substamially clhange without Leader'z prior written consent. Mortgagor will not permit any t,~nn~e in any License, restrictive COVenant or ea.nemelR without Lendar's prior writr~I1 consent. Mortgagor will notLcy Lender of all demnnda, proceedings, claims and actions against Mortgagor, and of any loss or dom:~ge tO the Propexty. I 11. Lender or Lender's agents may, at Lender's option, enter thc Property at any reasonable dine for thc purpose of i~pccting the Property. Lender shall give Mortgagor notice at the tithe of or before an inspection specifying a r~onable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in un way rely on Lender's inspecfon. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty ~r any of the covenants coutained in this Securlcy Instrument, Leader may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as aRorney in fact to sign Mortgagor'$ name or pay any amonm necessary for performance. Lender's right to perform for Mortgagoz: ~hall not create an obligation to perform, and Lender's failure to perform will not precfude Lender fi'om exercising any of Leader's other rights under the law or dds Security Instrument. If any consu'ucfion on the Property is discoudnued or not carried on in a reasonable mznner, Lender may fake all steps necessary to protect Leader's security interest in the Property, including completion of the construction. 12. ASSIGNM~ENT OF LEASES AND RENTS. Mortgagor irrevocably gr, mts, bargains, conveys and mortgages to Lender as additional security all ~e. right, ~itle and intereat in and to any and all existing, or future leases, subleases~ and any other written or verbal agvr. crnents for t~e usc and occupancy of. any portion of the Property, includ;ng any extensions, renewals, modifications or substitutions of such agreements (all referred to as "~') and rents, issues and profits (all ~eferted to ~ "Rents"). Mortgagor will promptly provide Leader vfith true and correct ,'opies of all existing and future Lenses. Mortgagor may collect, receive, enjoy and use the ]~euts so long as Mortgagor is not in default under the terms of: this Security lusmm~ent. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instmraent and effective as to third parties on the recording of this Security Instrument, and ti~s assignment will remain effective until the Obligations arc sat~fieff. Mortgagor agrees that Leadex is entitled to notify Mortgagor or Mortga~or's tenants to make payments of Rents due or to becoroe due directly to Lender after tach recording, however Leader agrees not to notify Mortgagor's tenants until Mortgagoc defaults ~ Lender nofifi~ Mortgagor of the default and deman~ that Mortgagor and Mortgagor'.s ~nantS pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor wil/endorse and deliver to Leader any payment of Rents in Mortgagor's possession and will receive'any ]p~.nt~ in ~-ust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in tl~s Security Instmme, m, Mortgagor warrants that no default exists under the Leas~ or any applicable Landlord/tenant law. Mortgagor also agxees to maintain and require any tenant to comply with the terms of the Leases sad applicable Law. 13. LEASEHOLDS; CONDOMINIU1V~; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if tiffs Security Inatmmem is on a leasehold. If the Pwpexty includes a unit in a condominium or a. planned unit development, Mortgagor will perform all of Mortgagor~s duties under th~ covenantS, by-Laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will ~ !n default if any party obligated .on the Sec.uL'gd ,Debt f/fils to .make payment when du~. ':'Mortgagor'vAil be in i:lefault ifa breach occurs under the terms of this Security Instrttmeat o'r any other document executed for the pur/~sc of creating; securing or guaramying the Secured Debt. A good faith belief by Lender r~at L~nder at any ~ 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 Propexty is impaired shall also constltutc an event of default. 15. ood583 . 366 REMEDIES ON DEFAULT. In som~ instances, federal ~ state hw ~11 of ~e fi~t to ~m 0r o~er ~6c~ ~ ~y ~lish ~e sc~d~ for for~lo~ acdom. Subj~t ~y, Leader ~y ~celemtc ~e ~ Debt ~ fomclo~ ~s S~ ~ent in a m~n,~r ~i~d by Law ~ Mo~go~ is in ~fanlt. At ~ option of ~Mor, ~I or ~y p~ 0f ~ aged ~s ~ d~ ~ payable, ~er ~g notice d r~Mred by hw. u~a ~e ~ of a ~Mt or ~y~ ~e~. la ad.finn. ~ nh&ll be e~fl~ to ~ ~e ~m~es grovi~ by ~w. ~e ~ of ~ $~a Debt, ~ S~ ~a~ ~ ~y re~d doormen,, ~ ~ ~ ~t, ~c and aot ~u~c, ~ ~e ~ad~ is =~d~ to ~ ~ pwvidad ~ hw or ~. whirr or not exp~ly ~t ~. ~e ~p~ by ~dec of ~y ~ ~ ~¢~ or ~ ~e~ on ~c S~ Debt ~r ~e ~la<¢ ~ ~e or is accel¢~ or ~r fo~l~ p~din~s m filed ~l not c~mte a ~ver of ~er's fi~t to ~M~ ~mplem ~ of ~y ~g dehMt. By ~t exew~g ~y mm~y on Mongagor's ~Mt, ~nder ~es not w~v¢ ~nder's d~t to lat~ ~der ~e ~m a I II 16. 17. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.' Except when prohibited by law, Mortgagor agrees to pay all of Lender's e~pcnses if Mortgagor breaches any covenant in this $~curity Instrument. Mortgagor will also pay on deman~ any amount incurred by Lender for insuring, inslX~dng, preserving or otherwise protecting the Property and Lender's security interest. These expenses will b=ar interest from the date of the payment until paid in full at thc ~ghe~t interest rate in effect as provided in thc terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incm-'r~ by Lender ia collecting, enforcing or protecting Lender's fights anti remedies under this Security lmmmaent. This amoum may lactate, but is not liraked to, attorneys' fees, coutX costs, and other lega/expenses. This Security [nstrumem $l~1! .r~nain ia cfi=ct until released. Mortgagor agrees to pay for any recordation costs of such release. ENVIRONMENTAL LAWS ~ HAZARDOUS SUBSTANCES. As used in this ~nction, (I) Envlrenraental Law means, wkhout limlt~ion, thc (~ompreh~nslve Enviroumcntal R~pona~, Compensation and Liability Act (CERCLA, 42 U,S.C. 9601 ct seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney gert=fsi opir3ons or interpretive letters Concerning the public health. Safety. welfare, cnvlronmem or a hazardous substance: and (2) Hazardous Sub~tanc, e ntesus any fox/c, radioactive or ha~rdons material, waste, pollutant or contaminaat which bas chatactetl.'stics which render th~ substance dangerous or potentially dangerous to, the publlc health, safety, welfare or eavlwnmcnt. The term inoludes, without limitation, any substances defined .as 'hazardous material,' 'toxic subs~mc~,' "ha~'ardons waste" or "b~.~vdous subs=~co' under any Environmcmai Law. Mortgngqr represents, warrants and agrees that: A. Except ns previously disclosed and acknowledged in writing to Lender, ~o Hazardous Substance is or will be located, stored of released on or in the Property. This restriction does not apply to small qnanfities of Hazaxdons Substances that ar= generally recognized to be appropriate for the normal use and maintenance of the PropenT. B, Except as previously disclosed and acknowledged in writing to Leader, Mortgagor ami every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall imme~ately nOtify Lender if a reI~s= or threatened release of a Hazardous Subs~mcc occurs on, under or about the Pwpeny or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take ail necessary reined/al action in accordance with any Environmental. Law. D, Mortgagor shall immediately notify Lt~de~ in writing as soon as Mortgagor l~as reasoi~ w believe there is any pending or threare~ inv=stlgadnn, claim, or proceeding rchdag to the release or threatened re/esse of any ]'Ja'~ardous Substance or th~ viohdon of any Enviroamemal Law, 18. CONDEMNATION, Mortgagor wilt give Lender prompt notice of arty punding or threatened action, by private or public entities to purchase or tala~ any or all of the Property drrougi~ coaderana6on, em/nta~t domain, or any other means. Mortgagor atrdaorizes l.,~der to imcrvene iu..Mortgagor's -~me in any of thc abovq, de. scribed acdous or claims, Mortgagor assigns to L~nder th~"proe~ed~ of any ~ward or claim for damages c6am~Cted with a condenmatioa or &lie? taking of all or'any ~ of the Pwperty. Such p~da shall be considered payments and will be applied, as pwvided ia this Seem'try lnsmuneat. T/~ asdsmaeat of proceeds is subject to the teams of any prior nmrtgagc, deed of t_n~. secu~ty agremnent or oth~ lien document. 19. INSURANCE, Mortgagor ,hal! keep Property iasured against loss by/ire, tlood, theft and other hazards and rL~ks reasonably assnoia~l with the Property due to its type and location. This iusurance ~balt bc malataiaed ia the amounts an:l for the periods that Lcml=r requires. The iasura~e carrier pwvidiag the insurance shall be chosen by Mortgagor subject to Lend~'s approval, which shall not he unreasonably w/thhel.d. If Mortgagor fails to ma/ntah ti~ coverag~ described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights Ja the Property accord~n~ tO the texms of th/s Security Insn'ument. AR imuranc= polities and renewals shall b= acceptable to Lemdcr and nh~ll include a st~.dnrd "mortgage chu.~" ami, wher~ appllcable, "loss pay~ chnse," Mortogot nh.l! ~nmediately hotly Leader of canoelhdun or termination of the insm'anoe. LeIldgT nh~]t have th~ right to hold the policies and renewa/s. If Lender requh-es, Mortgagor shall'/mmediately give to Leader al/receipts of,paid premiums and rend, al notices. Upon loss, Mortgagor shall give ~me~lia~ notice w thc ~ carrier and Leader. Leader may make proof of loss if not made/mmediately by Mortgagor. 20. 21. 22. Un]ess otherwise agreed in wridng, ail insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's.option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by L~nder, Mortgagot's fight to any insurance policies and proceeds restflting from damage to thc Property before the acquisition shall pa~s to Lender to the extent of the Secured Debt immediately before the acquisidon. ESCROW FOR TAXES AND 'INSURANCE. Un]ess otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender fimds for tsxes and insurance in escrow. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will pwvide to Leader upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, de~iver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Insmtment and Lender's lieu status on the Property. jOiih'T AND 131DI~IDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument am joint and individual If Mortgagor signs this Security Insmunant but does not sign an cvlde~c¢ of debt, Mortgagor does so only to mortgage Mongagor's interest in th~ Property to secure payment of the Smcmted Debt and Mortgagor docs not agree to be personally liable on the Secured Debt. If ttds Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any fights that may provera Lender fi.om bringing any action or c/aim against Mortgagor or any party indebted under the obtigation. Tbese rights may include, but am not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Leader and any party to tiffs $~curity Instrument may extend, modify or make any change in the terms of this Security lnstruraent or any evldeace of debt without Mortgagor's consent. Such a change will not release Mortgagor from the ~rms of this Security lmtrumant. The dofi~ and benefits of this Security Instrument slmll bind and benefit the successors and assigns of Mortgagor ~nrl Lender. APPLICABLE LAW; SEVERABILITY;/]h~T'ERPRETATION. This Secarivff Insmunent is governed by the laws of the jurisdiction in which Leader is located, except to th~ extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Seenrity Instrument may not be amended or modi~ed by oval agreement. Any seetion in this Security Instrument, attachments, or any agre~aent related to the Secured Debt that carfflicts wii. h applicable law will not be effective, unless that law expressly or impliediy petmlts the variations by vaJtten agreement. If any section of this Security Instmmem cannot be enforced according to irs terms, that section will b= severed and wi[l not af~ct the enfomeability of tho mmalud~r of this Security Instrument. Whenever used, the ainguIal' nh~ll include the plural and tho pIural da: singular. The captious and headings of the secdons of this Security Instrument are for convenience only and ar= not to be used to interpret or define the terms of thls S~rity Instrument. Time is of the essence in tl~s Security lnstmmant. NOT/CE, Un]ess oti~rwis¢ required by law, any notice shall be given by delivering it oT by mailing it by first cla.~ mall to thc appropfiat¢ party's addn~ on page i of this Security Instrument, or to any other address designated ia writing. Notice to one mortgagor will be deemed to be notice to ail mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appralsemem re3atlng to the Prop~'y. (page 5 ,of $1 25. OTHER TERMS. It'checke~ the fo/lowing ate applicable to this Security Instrument: [] Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero bahace, dfis Security Insmmaent w/Ii remain in effect up~/l released, [] Construction Loan. This Security Instm~en~ sec~ an obligation incurred for the construction of aa improvement on the Property. [] Fixture Filing. Mortgagor grams w Lender a securky in~ere, st ia all goods that Mortgago~ owns now or in the future and that arc or will become fi,xtl.wes related to the Property. This Security iasw~meut suffices as a financing statement and any carbon, photographic or.other reproduction may be filed of re~ord for ptuposes of Art/cie '9 of the Uniform Commercial Code. [] Purel'mse Money, Tiffs Se~mrity Instrument secures advaac, es by Leader usad in whol~ or ia part to acquh'e the Prol~rty. Accordingly, this Security lnstnunent, and the lien h~'euader, is and shall be cogstrued as a pure.se mo~ey mortgage with all of the fights, priorities and benefits tlterebf undo' the hws of d~e Commonwealth of Peaasylva~fia. [] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. [] Riders. The cowaants and'agr~emems o£ each of th/: riders checked be/ow are iucot-poratcd/mo and Suppl~aent and amend the terms of this Security Insmanent. [Check all applicable boxy] ~ Condomldum Rider [] Planned Unit Development R/der /-3 Other ................................................... [] Additional Terms, SIGNATURES: By dga/ng below, Mortgagor. inteadlag to be legal/y bound/~reby, a~'ees to t~ terms and cove~nt~ coa~ala~d in this Security Instrument and ia any attacbanen~s. Mortgagor also acknowledges tec//pt of a copy of th/s Secut/ty Insmtmeat on th/: date sta~:d on page 369 [parle $ o! $1 EXhibIT · A Le~al Description= BRIEF LEGAL DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGN OF NEW CUMBERLAND CUMBERLAND COUNTY AND CO~40NWEALTH OF PENNSYLVANIA BEING MOR~ FULLY DESCRIBED IN DEED DATED 11/15/96 RECORDED 11/19/96 A~PEARING AMONG THE LAND RECORDS. OF THE COUNTY' AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 149 PAGZ 335 Parcel ID: 26-23-0543-1{0 Stale of Pennsylvania I. County of Cumberland/ 86 Recorded in the office for the recording of Deeds wit~e~y hz~l of office, I q~ Carli~e, PA~ day o~ 1 ~ [ I II CONSECO JAMES MINDER 713 HAPd)/NG ST NEW CLrMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 3 I, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the aitached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHiN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the CounseIing 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 1-800-3,42- 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 AD JUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA GNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO AP,.RIBA. 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 FINANCE SERVICING CORP. CONSECO Date: 1/31/01 TO: JAMES MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 3426 5714 Loan No.: 695613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, PA 17070 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 &this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHiN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date &this meeting. Thc 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 assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvenia Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECC CONSECO FINANCE ~ERVICING CORP. AGENCY ACTION .... Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision afl:er it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ~--- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 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:l 1/22/00- $415.37,12/22/00-$415.37, 1/22/0I-$415.34. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PAST DUE: $1453.16. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified cheek or money order made payable and sent to: Cot~seco Finance. 7360 So Kyrene Rd. Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT --~- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON --- The mortgaged property will be sold by the Sheriffto pay offthe 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 incun'ed 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~orney'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 fight 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 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 SherifFs 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 SherifFs 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: Conseeo Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 602/333-6000 Fax Number: 602/333-6460 Contact Person: Ruth Hernandez EFFECT OF SHERIFF'S SALE -~-- You should realize that a 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. ASSUMPTION OF MORTGAGE ---- You may or__X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. --- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CLrRE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File 91 Notice CONSECO MARGARET MINDER 713 HARDING ST NEW CUMBEILLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the 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 if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY wITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet 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 AD JUNTO ES DE SI/MA IMPORTANCIA, PUliS AFECTA SU D£RECHO 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 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: 1/31/01 TO: MARGARET MINDER 713 I-~RDING ST NEW CUMBERLAND, PA 17070 3426 5707 Loan No.: 6905613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, PA 17070 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 fi.om 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. 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .... If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately &your intentions. APPLICATION FOR MORTGAGE ASSISTANCE ---- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance 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 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 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. CONSECC AGENCY ACTION ---~ Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision al~er it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD CT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT ~--- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 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:l 1/22/00- $415.37,12/22/00-$415.37, 1/22/01-$415.37. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PAST DUE: $1453.16. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT--- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PER/OD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance. 7360 So Kyrene 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 &this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT --- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its ai~omeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable at~omey's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you w/ll 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 (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 per/od 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 SheriWs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE ---- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately one month fi.om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Conseco Finance Consumer Discount Company Address: 7360 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 fight to occupy it. If you continue to live in the property afl:er the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .... You . may or __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/hat the other requirementi of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. .... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. --- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File SHERIFF' S RETURN - REGULAR CASE NO: 2001-01732 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS MINDER JAMES M ET AL DAWN L. KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MINDER JAMES M DEFENDANT , at 1941:00 HOURS, at 713 HARDING STREET NEW CUMBERLAND, PA 17070 JAMES M. MINDER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of March , 2001 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this /?~---~ day of ~ . ~2~t A.D. /P~othonotary ' So Answers: R. Thomas Kline 05/11/2001 MCCD~BE WEISBERG & CONWAY Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01732 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DIS VS MINDER JAMES M ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT MINDER MARGARET M K unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT MOVED TO BEAVER COUNTY 430 , NOT FOUND , MINDER MARGARET M K BUFFALO STREET, BEAVE , as to Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 not found 5.00 21.00 So answe : ~ ~ Sheriff of Cumberland County MCCABE WEISBERG & CONWAY 05/11/2001 Sworn and subscribed to before me this /~'~ day of ~ o~! A.D. Pro~n~Snot ary t McCABE, WEISBERGAND CO/~FAY, P.O. B~: TERRENCE J. McCABE, ESQUIRE Identification ~mher 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Cumberland County Court of Common Pleas TRUE COPY FROM RECORD whereof, I he e unto my CIVIL ACTION/MORTGA~ 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 12O) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the coart you~ 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 CANNOTAFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. AVISO Le hen demandado a usted en la Corte, Si usted quiere defenderse de estas demandas ex-puestas en las paginas si~uientes, usted tiene veinte (201 dias de plazo al pertir de la fecha de la demanda y la notificacion. Hace felts asentar una comparencia escrita o en persona o con un abogado y entreqar a la corte en forms escrits sus defenses o sus objeciones a las demandas en contra de s~ persona. Sea avtsado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en oontra suya sin previo aviso o notificacion. Ademast la corte puede decidir a favor de/ demandante y requiere quo ~sted cumpla con todas las ~rovisiones de esta demands, gated puede perder dinero 0 SUS propiedades ~ otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO INMED1ATAMENTE. SI NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVER[GUAR DONDE SE PUEDE CONSEGUIR ASISTENC/A LEGAL. Cunuberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717J 249~3166 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249~3166 McCABE, WEISBERGAND CONWAY, P.C~ BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 James M. Minder 713 Harding Street New Cumberland, PA 17070 and Margaret M.K. Minder 713 Harding Street New Cumberland, PA 17070 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Conseco Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is mortgagors and real owners James M. Minder, who is one of the of the mortgaged property hereinafter is 713 Harding Street, New mortgagors described, Cumberland, and real owners of the mortgaged property hereinafter and her last-known address is 713 Harding Street, New PA 17070. described, Cumberland, 3. and his last-known address PA 17070. The Defendant is Margaret M.K. Minder, who is one of the 4. On 11/17/99, 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 1583, Page 364. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 713 Harding Street, New Cumberland, PA 17070. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/22/00 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 $28,874.40 Interest 10/22/00 through 3/8/01 $ 1,541.29 (Plus $11.27 per diem thereafter) Attorney's Fee $ 1,500.00 Late Charges $ 248.58 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $32,714.27 The attorney's fees set forth above are in conformity mortgage documents and Pennsylvania Law and will be in the event of a third party purchaser at Sheriff's the mortgage is reinstated prior to the Sale, reasonable fees will be charged based on work actually performed. with the collected Sale. If attorney's 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 FA Code Chapter 13, et seq., commonly known as the Corabined 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 in the sum of $32,714.27, together $11.27 per diem and other costs and Judgment against the Defendants with interest at the rate of charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. McCA~E, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. M~CABE Commonwealth Of p~mnsyP,'aaia Space Above Th/s L/ne For Recording Data ~.t~a to, OPEN-END MORTGAGE Ap~=.~io~ ~ ,m0~.~ At,n: T~alll~ Do~menbs ~oa ~ Mo~gage ~c=~ ~mre adv~ces T~e, AZ asz~ Nove~er 1~, .~9~9 ~ me 1..DA~ ~ P~S. ~c date of ~ Mo~g~e (Security I~t~t) ~s ........................................... ~es, ~clr ad~s a~ ~/den~ficafion n~, ff req~r~, ~ ~ follows: MORT6AGOR: Jame~ M Minder, Margaret M.K. Minder ~/~ [] lf~hecked.w~r.m,~ea~cbed Ad~ndum-|~oq)omt~,hemln. ~r.addldo~lMo~gago~r ~eir ~gmm~ ~d ac~ow~d~men~. LHNDER: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 CONVEYANCE, Fol' good 'and vakmble'..cons~ldcra-o.a,,.the receipt and ..~. ffic~cn~.y of.which ~s. a6J~ao/vl~xlged, and to S~.um O~ Secured Debt (defi~:d below).and MozCgagor:s'peWonnance ,m4er ~kis S. ccu~..ty' Instrument; Mo.qg~pr granu, b~gmm, convcTs and mongages to Le~lder thc following ~be.d .property: '.- .... . . . See Exhibit A The property is located in Cumberland · ac ................................................ 713 Hardin~ St New Cumberland . Together w/th ~11 rights, ~asem~ms. sppm'l~nees, myald~, nfineral rights, all and gas rights, all wa~r and riparian right, d/tabes, and water stock and ali ex/s~ng am/future knpmvements, structures, fixtures, and tephcements that may now, or at any thnc in the future, be part of thc real estate de~-ibcd above (all referred to as "Property"). ~ OBLI~T~O,~I~ L}~[IT, Th~ total principal amount secured by tiffs Security Instrument at any one t/m~ shall no~ exceed $ ..........................,~ ~u,.,-~., .......................... TJMs limltat/oa of mount do~s not imhde interest and other fees charges validly made pursuant to this Secm-k'y lmtmment. Al.m, ~s l;mha~on does flat apply to advanc~ ~a~ um/~r the terms of'this Securi~ lmtn~aent to protect/_~nder's ,~,cm'/ty and to t~rfDml any of tho covenants comaln~l in ' Imtrumem. SECURED DEBT'AND FUTURE ADVANCES. The tema 'Scarred Debff is defined as follows: :A. Debt mai.,re~ ,,na,r the te.m~ of all promm~ory note(~.), com. r.ac~(s),...~(s), or qth, r exT,.dele of. d3.bt ,de ,~m .b~I.. , :,: b'elov7 a~d'all lhetr extensxons ~rm~ewals, modifications 'or' sabst~totion~. (g/h~n ref~r~nang th~ debt~ ' suggested tIu~tyou include ttt~n* ~uch as borrower~ names, nott araountA interert rater, rt~unty date&, etc.) .Note dated November 17, i~9~, between Conseco Finance Consmher Di$¢ount Company and t of 6) B. All furore advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt e~ecRted by Mortgagor in favor of Leader executed after this Scrutiny instrument whether or aPt this Security lnsR'umeut is specifically referenced. If mom than one person signs this Security Instrument. each Mortgagor agrees that ti:ds Security LusUqLraent will secure all futoxe advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and othea, All future advances and other futtLre obligations are secured by th. is Security I~trument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. .Nothing in this Security Instntmen~ shall constitute a commitment to make additional or future loans or advances in any amotmt. Any such commitment mug be agreed to in a separate writing, C. All ~bligafions Mortgagor owes to Lender, which may later ar~, to the exert not prohibited by/aw, including, but nat limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Leader. D. All additional stuns advanced and expenees incurred by Lender for insuring, preserving or otherwL~ protecting the · Pr01~._n'y and its v. aJ_.ue and..eny other .s3uns advanced and expenses, incurred b3(,Leadcr under, the terms, of tM$ Security Instrument. This Security Instrument will not secure any other debt if Lender falls to give any required nofive of the fight of rea:isslon. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and ia accordance with the terms of thc Secured Debt and this Security Instnlment. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the e~tate conveyed by this Security lnsmaneRt and has the fight to grant, bargain, convey, sell, and mortgage the Property: Morqgagor also warrants that the P.mperty is unencumbered, except for e~enmbrances of record. 7. PRIOR SECURITY INTERESTS. With regazd to any other mortgage, deed of trust, security agreemert or other lien ,. document that created a Frior ~urity interest or encumbrance on the Property, Mortgagor agrees: 10. A. To make all payments when due and to perform or comply with ail covenants. B. To promptly deliver to Lender any notices that Mottgagur receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreamcRt secured by the lien document without Lender's prior written consort. CLAfiVIS AGAINST TITLE. Mortgagor will pay all taxes, assess:arms, Hens, eacumbr, ances, leasu payments, grottnd rems, utilities, and other charges relating to the PropeLt..y .wh~...n. due. Lender may _r~l..zfi. re .M. ortga, go_r.to__ provide ~ Lender copies of all ~ficea tfi,4f such' am6unts ~re due'and"the recbipts eviii~aciag Mortgagor's pi3hnent. Rloffgagor will defend title to the Property against any claims that would impair the lien of rids Security Instnmaent. Mortgagor agrees to assign to Leader, as requested by Lender, any fights, d~{m~ or defenses Mortgagor may have against parties wiro supply labor or materials to maintain or improve the Property. DUE ON SALE OR ENCUM3RANCE. Lender may, at its option, declare the entire balanoe of the Secured Debt to be ~mmediately due and payable upon the creation of, or contract for the creation of, any lien, en~rmhrance, transfer or sale of the. Property. This right is ~ubject to the ten,orions imposed by federal law (12 C.F.R. 591), as applicable. T'xfis covenaRt rn.q with the P.~operty and ghall remn;n in effl~ ~lntll the S~'ored Debt is paid ia full and this Se~mity Inattumert is released. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property ia good condition and make all repairs that are reasonably m. eessary. Mortgagor ~h~l not commit or ~0W any Wa.W~, h~pall~l~lt, or deteriOratlOll of t~ Property. Mortgagor will keep the PropeCe/fre~ of noxlou~ weeds and grasses. Mortgagor agzees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not pcnnk any change in any licettse, restrictive covenn'nt or essea~em without/w, ader's prior written conse~. Mortgagor will notify Lender of ail demands, proceedings, rialtos and actitms agn!n.~. Mortgagor, and of any loss or damage to the Property. I1. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the trine of or before an i~pection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's impection. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty ~r any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed, Mortgagor appointS Lender as attorney in fact to sign Mortgngor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor' shall not create an obligatloa to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. Ifa. ny construction on the Property is discontinued or not carried on ha a mason,able manner, Lender may take nil steps necessary to protect Lender's security interest ha the Property, Laclnding completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably gnmts, bargains, conveys and mortgages to Lender as additional security ~11 fl3. e..right, title and interest in and to any ',nad all existing, or fomre 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 substlmtions of such agreements (all referred to as 'Leases') and rents, issues and profits (all referred to ~ "Rents'). Mortgagor will prompdy provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rants so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this asslgnment is immediately effective between the parties {o this Security Instrument and effective as m thlrd paMes on the recording of this Securky Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenantS to make payments of Rents due or to become due dlrecfly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default :md demands that Mortgagor and Mortgagor:s ~mnt~ pay all Rents due or to become due direedy m Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive'any Rents in east for Lender and will not commingle file Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenure law. Mortgagor also agrees to ma;nt:;a and xeqnire any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINILrlV~; PLANNlgD UNIT DEVELOPMENTS. MoRgagor agrees to comply with the provisions of any lease if tiffs Security Instrument is on a leasehold. If the Pwperty includes a unit in a condominium or a. plnnnt,4 unit development, Mortgagor will perform all of Moltgagor'.s duties under the covenants, by-laws, or regulations o£ the condominium or plnnned Imit development. 14. 10EFAI/LT. Mortgagor will b.e. !n de.fault ff any party obligated ?n tan Sec~. m.d I:~bt fails to .make payment when due. ':'Mortgagor'wLII be in default ifa breach occurs under ~e terms of this Security Instrument o'r any other document executed for the purpose of creating,' securing or gunramying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15, RI~MEDIES ON DEFAULT. In some imtances, federal and state law will require Lender to provide Mortgagor with notice of the right to care Or other notices and may establish time schedules for foreclosure actions. Subject to these 1;mltations, if any, Leader may accelerate the Secured Debt and foreclose this Security Instrument in a m~n~er provided by la~ If Moftgagoi' is in default. At the ~pfion of Lender, tll or any pan of ti~ agreed fees and charges, accrued interest ~ p~i~ipal _~h~ll become !mind'al'ely du~ and payable, at, er giving notice if required by law, upon the occurrence of a default or anytime thereat:er. In addition. Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Secority Insmaman~ and any related documentS. All remedies am distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at hw or equity, whether or not expressly set forth. The aecep~anve by Lender of any sum in payme~ or pax-rial payment on the Secured Debt after the balance is dna or is asoelerated or afar foreelo6~tre proceedings are flied shall not constitute a waiver of Lender's tight to require complete e0xe of any existing default. By mt exercifing any remedy on Mortgagur'$ default, Lender does not waive Lender's right to later consider the event a default if it coatinnes or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.' Except wh~'n prolxibited by law, Mortgagor agrees to pay all of Lender's eipeoses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security imerest. These expenses ',.,till bear interest from the date of the payment until paid in full at the highest interest rate ia 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 tiffs 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. 18. 19. ENVIRONMENT. AL LAWS AI~ HAZARDOUS SUBSTANCES. As used in thls section, (1) Environmental Law means, without limitation, the (Jomprehensive 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 letmrs concemlng the public health, safety, welfare, environment or a ha?ard0os substance: and (2) Hazardous Substan~ means any to:dc, radioactive or hazardous material, waste, poliutam or contam{uant x.~h~cll has characte~stic.~ WJX{¢~I reader tim substan~ dangerous or potentially dangerous to. the public health, safety, welfare or environment. The term includes, without limitation, any ~bstances defined .as "bazardous material," 'toxic sabstanees,' 'ba,~Moos waste" or "hazardous substance· under any Environmental Law. Mortgag?r represents, warrant~ and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, ~o Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to ~','n~q'qnantities of Hagardens Subsraoces that are generally recognized to be appropriate for the normal use and n~aintena'aee of the Property B. Except as previously disclosed and anknowledged in writing to Lender, Mon:gager and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. Mortgagor slaall immediately notify Lender if a relea,~ or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmen~ Law concerning the Property. In ouch ~n event, Mortgagor shall take all necessary remedial action in accordance with any Eavlronmen~al. Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor h. as reasofi to believe there is ~y pending or threattened investigation, claim, or proceeding relating to the release or threate~d release of any Hazardous Substance or t~ viohation of any ERvironmental Law, CONDEMNAT/ON. Mortgagor will give Lender prompt notice of day pending or threatened action, by private: or public entities to purchase or ~ any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to h~rveno in_MoRgager's name in any of the abOVe, de. scribed ant{oas or clldl~. Mortgagor ~sigos to Lander the'~roceed~ of any award or claim for danlages ctfinected with a condem,,~fion or dthei' taking or~ll or'any part oftbe PL~0perty. Such pfoc~ed~ gha[I be Cunsidered paymen~ and will be al~lied' as prox4ded in fl:ds Sem~rity Instrument. TI~ a.~gnment of proceeds is ~bjeet to the terms of any prior mortgage, deed of trust, security ngeeement or other lien document. INSURANCE, Mortgagor ~baI! keep Property insured against loss by fire, flood, theft and other hazards aud risks reasonably associated with the Property due to its ~ and location. This insurance shall b~ maimalmed in thc amounts and for the periods that Lender requlres. Toe im'ura~:e cattier providiag the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be ummsonably w~thheld, ff Mortgagor fails to maintain the coverage de,w. xibed above, Lender may, at Lender's option, obtain {:overage to protect Lender's rights in the Property according to the terms of this Security lnsamment. All insurance policies and renewals shall be ac~:eptable to Lender and shall include a standax'd "mortgage chose" and, wl~r~ applicable, 'loss payee clause.' Mortgagor r. hall immediately notify Lender of e~ncellafion or termination of the imm'once. Lender shall have the fight to hold the policies and renewals. If Lender requires, Mortgagor shall 'immediately give to Leader all receipts ofpald premiums un~ renewal notices. Upon loss, Mortgagor ~:~,n~! give ~mmexliate no,ce to the inbRlra, ll~' carrier and Lender. Lender raay m~lee proof o[ loss if not rmade immediately 'by Mortgngor. 20. 21. 22. Unless otherwise agreed in writing, all insumoce proceeds shall be applied to the restorstioa or repair of the Property or to the Secured Debt, whether or not then due, at Lender's.option. Any application of proceeds to principal shall not extend or postpone the due date of the schednied payment nor change the amount of &ny pa)mcat. Any excess will be paid to the Mongagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pags to Lender to the extent of the Secured Debt immediately before the acquisition. ESCROW FOR TAXE~ AND ~INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Leader fimds for taxes and insurance in escrow. FINANCIA~ REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or idormafion Lender may deem reasonably necessary. Mortgagor agrees to sign, de/iver, and file any addifiotml documents or certifications that Leader may consqder necessary to perfect, coatiane, and preserve Mortgagor's obligations under ~s Security Insmxment and Lender's Ilea status on the Property. JOIN~ AND INDIVIDUAL L/ABILITY; CO--SIGNERS; b-I-rCCESSORS AND ASSIGNS BOUND. A~I duties under this Security Instrument are joint and individual If Mortgagor signs tiffs Security Ln. stnunent but docs not sign au evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure pa)meat of the Secured Debt and Mortgagor does not agree to be personally Ihble on the Secured Debt. If dxis Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These fights may include, but are not limited to, any anfi4eficie~y or one-action laws. Mortgagor agrees that Leader and any party to tiffs Security Instrument may extend, modify or ma~e any change in the terms of this Security lnstrtunent or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor fi.om the terms of this Securi~ Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor ~,,c~ Lender. APPLICABLE LAW; SEVERABILITY; .I]'qTERPRETATION, This Security Insmunent is governed by the hws of the jurisalc..tloa la which Lender ia located, except to the extent otherwise required by the laws of the jurisdiction where the Propony is located. This Security Instrument is complete and fully integrated. 'I'his Security Instrtunent may not be amended or modified by oral agreement. Any section in tiffs Security Instrument, attaelunents, or any agreement related to the Seemed Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any seedon of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of ~s Security Instrument. W'aeocver used, the singular include the plural attd the phiral We singular. The captions and headings of the sections of this Security Insmament are for convenience only and are not ¢o be used to t~te~ret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it oz' by mailing it by first class mall to the appropriate party's address on page I of this Security lnsmmaen~t, or to any other address designated ia writing. Notice to one mortgagor wi//be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent protfibited by law, Mortgagor waives any fight to appraisement reladng to the Property. OTHER TERMS. ffchec~d, the following are applicable to tltis Secnri£y IraLmmem: [] Line of Credit. The' Secured Debt includes a revolving line o£ cr~t provision. Although the ~ecurecl Debt may be reduced to a zero bahmce, this Security I~trument will remain in effect nad1 ~el~a,sed. [] Cor~ruction Loan, This Security Instmme~: secures an obligation incurr~i for the construction of an improvement on the Property. [] Fixture Filing. Mortgagor gr.m~ to L~nder a s~ufi~ interest in all goods that Mortgagor owns now or in the f~tare /md dlat are or will become fixtures rda~'d to the Property. Tiffs Sec~dty Ins~,m.nt sufficas as a financin~ state, em and ajay carbon, p/~otograph/c or.other reproduction may be filed of record for purposes of Article '9 of the Un/for~ Cora~ercial Code. [] Purchase Money. TI~ Sea~rlty Instntrae~ secures advances by Lender used in whole or in pan to acquire the Property. Accordingly, this .~curity Instalment, a~d the'llen liereunder, is and ~ be com~-ued as a puxr~se money mortgage with all of the ri~ts, pr/orlt/es and b~fi~s d~erebf und6r the/a~s,s of the Commonwealth of Pe~msylvania. [] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. [~ Riders. The cove, mats and-agreemems of each of the riders d~ecked below are inco~orat~d into a~d s~pplemem and a~end the terms of th/s Security Instalment. [Cbeck a/l applicable boxes] [] Condominium Rider [] Pla~xf Unit Development R/der [] Other ................................................... [] Add//ional Terms. SIGNATURES: By slgn/~g below, Mortgagor, intending to be legally bound hereby, agrees to the terms and coves~ats contained in th/s Secuxi~ Inswament and in a~y attaclaments. Mortgagor also acknowiedgas sec/ipt of a copy of th/s ~cv. dty l~smunent on the date sta~cd on page l. (&g~mz) Mater. et M.K. M£nder Vincent T. Pinto, Nobly PU~c ~men Tree Elom. Allegheny Coolly Commission Ex,res May 6, 2002 EXEIBIT.A Le~al Desgription: BRIEP LEGAL DESCRIPTION: ASL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF NEW CUMBERL~hND CUMBERLAND COUNTY AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 11/15/96 RECORDED 11/19/96 APgEARING~%MONG THE bAND RECORDS. OF TEE COUNTY'AND STATE SET FORTH ABOVE IN DEED BOOK VOLUME 149 PAGE Parcel ID: 26-23-0543-140 State of Penn~lvania · County of Cumberland] 86 Recorde4 in the office for the recordin ect-~a nd f oi'~g, tl~j~er I? n.~ Ce u ~ ty;.~ witne~y h~&~; of offic~ Carlisle. PA~da~ :[583 3?0 co.~s~co t,~^~c~ ss~v,c,~o coa,ce~ns~.vanm - ~": ~ ~?~'"¥ ~'"':Act 91 Notice CONSECO~ JAMES MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 31,2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the 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 if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet 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 ADJUNTO ES DE SUMA IMPORTANCIA, 'PLIES 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 AR. RIBA. 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: 1131/01 TO: JAMES MINDER 713 PLARDING ST NEW CUMBERLAND, PA 17070 3426 5714 Loan No.: 695613284 Mortgaged Premises: 713 HARDYNG ST NEW CUMBERLAND, PA 17070 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FRO/VI 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 FORECLOSUR~ --- 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 Iisted at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES ---- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are enclosed with this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --~~ Your mortgage is in default for the reasons set forth later in this Notice (see folIowing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthls Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-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 SERVICING CORP, AGENCY ACTION .... Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWD4'G PART OF THIS NOTICE IS FOR INFORMATION pLrP..POSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT .... The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/22/00- $41537,12122/00-$415.37, 1/22/01-$415.34. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PASTDUE: S1453.16. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT ---- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Conseco Finance, 7360 So K.vrene 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 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 this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON ---- The mortgaged property will be sold by the Sheriffto 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 ali reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within 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 CONSECO FINANCE SERVICING CORP. -~,<,o S K?rcnc Road I].'lll['U, Arizona SjzS.i-4?3 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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 SI-rERIFF'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 what 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 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 right to occupy it. If you continue to live in the property afier the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the I~dcr at any time. ASSUMPTION OF MORTGAGE --- You may or __X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of thc mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .... TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. .... TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. .... TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CI./P~ THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File CONSECO MARGARET MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE January 3l, 2001 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the 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 if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WI;tHIN 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 ma7 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 JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NLrMERO MENCIONADO ARRJBA. 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: 1/31/01 TO: MARGARET MINDER 713 HARDING ST NEW CUMBERLAND, PA 17070 3426 5707 Loan No.: 6905613284 Mortgaged Premises: 713 HARDING ST NEW CUMBERLAND, PA 17070 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 P,.EASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQLrlREMENTS 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 &this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASISTANCE, YOU MUST BP.lNG 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 &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 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 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 &the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days &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 SERVICING CORP. ?,'r,O S Kyrene R~,ad AGENCY ACTION ---- Available funds for emergency mortgage ass/stance are very limited. They will be disbursed by thc Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency bas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD OT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankn~ptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATLrRE OF THE DEFAULT ---- The MORTGAGE debt held by the above lender on your property located at: 713 HARDING ST, NEW CUMBERLAND, PA 17070 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:l 1/22/00~ $415.37,12/22/00-$415.37, 1/22/01-$415.37. Other charges (explain/itemize): NSF Fee: $0.00, Late Charges: $207.05. TOTAL AMOUNTS PASTDUE: $1453.16. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT---- You may cum the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1453.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to; Conseco Finance. 7360 So K. wene Rd, Tempe. AZ 85253 (do not send cash). You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT--- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will bo 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 mado 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 Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cum 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 default within the THIRTY (30) DAY period, you will not be required to pay a~:omey'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 FINANCE SERVICING CORP, -I~o "; Kyrenc RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE .... If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in wr/tlng 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 Sheriffs 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 what 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 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 SherifPs Sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live in the property after the SherlfPs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .... You may or __X. may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: ~-- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. -~- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) .... TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. .... TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .... TO SEEK PROTECTON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File