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Home My WebLink About02-0734MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Vo Dennis L. Yarlett 134 Winston Drive Mechanicsburg, PA 17055 and Kongsi Yarlett 134 Winston Drive Mechanicsburg, PA 17055 Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGEFORECLOSURE 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. 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. cumbertand County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le hah demandedo a us[ed en la corte. Si us[ed quiere defenderse de es[as demandas ex-puestas en Las paginas siguientes, us[ed tiene veinte (20) dias de p[azo aL par[ir de la fecha de La demanda y La notificacion. Hace fa[ta asentar una comparencia eacrita o en persona o con un abegado 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 us[ed no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ad,nas, la corte puede decidir a favor del demandante y requiere que us[ed cumpLa con tedas Las provisiones de esta den~nda. Us[ed puede perder dinero o sus propiedades u otros derechos importantes para us[ed. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CumberLand County Bar Association 2 Liberty Avenue Car[isLe, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Conseco Finance Consumer Discount Company 7360 Kyrene Road Tempe, AZ 85283 Vo Dennis L. Yarlett 134 Winston Drive Mechanicsburg, PA 17055 and Kongsi Yarlett 134 Winston Drive Mechanicsburg, PA 17055 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 Dennis L. Yarlett, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 134 Winston Drive, Mechanicsburg, PA 17055. 3. The Defendant is Kongsi Yarlett, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 134 Winston Drive, Mechanicsburg, PA 17055. 4. On 2/23/00, 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 1597, Page 414. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 134 Winston Drive, Mechanicsburg, PA 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/2/00 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 Interest 5/2/00 through 2/8/02 (Plus $24.14 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Penalty Cost of Suit Appraisal Fee Title Search GP~AND TOTAL $61,730.19 $15,560.48 $ 3,086 51 $ 1,581 30 $ 490 00 $ 4,382 84 $ 225 00 $ 125 00 $ 200 00 $87,381.32 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $87,381.32, together with interest at the rate of $24.14 per diem and other costs and charges collectible under the and for the foreclosure and sale of the mortgaged mortgage property. NCE J. ABE, ESQUIRE Attorney ~r~lAa~En~i f f 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. ~ABE Commonwealth of Permsylva~a Space Above This Line For Re~or~ Ds~ to: OPEN-END MORTGAGE Ap¢ic.t oa ooo 2smo Co.acco F~n~ce ~o~ ACCn~ T~llt~ no~t~ Area ~S Mo~age S¢~ ~ ad~ 7360 South ~r~ T~, AZ 65283 p~es, ~eir ad~ses ~ ~ i~ca~on num~, if r~, ~c as follows: MORTG~R: D~n~is L YarleC~ ~D KONGSI YARLETT ~SB~ ~ ~IFE Il. If checked, 'refer m the avmched Addenib, m incorporaled herein, for-adgidomi Mm'~g~gors, ~heir signatures nnd acknowledgments. ' - LENDER: Conseco Finance Consumer Discount Company 3401 Hartzda'~e Drive Suite 118 Camp Hill, Pennsylvania 17011 CONVEYANCE. For good ~nrl va~able consid~a~i~'n. ~he receipt nn4 sufficiency of which is acknowledged, n.d m secure ~he S~cured Debt (de. fined below) ~nd Mongagor's perform~rs.e --,l~r ~ Security lnsmtme~, Mort~a~ &'l~s, barg~Jm, conveys and mortgages to Lender the following described property: . .~ .' ' See Exhibit A The property is loc. amd in Cumberland · at ............................. ~.....:.: ........ (C~) . . 134 Winston Dr : MechanzcsDur~ - · .i, ~7055 (Address) (C~) (Zm code) Together with all fights, ease~, app~nnnes, myallie~, nfineral fights, off and gas rights, all water and riparian rights, 4itches, ..d Wam. r stock ~.d all existing and future improvements, structures, fixtures, nnd replacements that nm), now, or at any time in the futur~, be pan of the real estate described above (all referred ~o as "Property"). MAXIMIR~ OBLI~?/~ .L~JlT. The ~otal principal amount =meg by ~S Seelig/hu~-meni at ally one time ,'nil not exceed $ ..................................................... This limiiafion of amo-~t does not include imerest and o~her charges validly made pummm ~o ~his Security I~lmmm~. Also, th~ llmiladon does not a~ly ~o adwm~es made --der ~[~ of ~hls SeCl~ity Instrnme~t to protect l.cBder's secllrlty nntl to ~rforlI[ ally of the coves~nt$ contalm'd in thli Security SECURED DEBT AND FUTURE ADVANCES. The' term "Secm~ Debt" is defined as follows: · .~.. Debt incurred ullder the t~rms of all promlisory note(s), contract(s), guaranty(s) or otll~r evidence of. debt dezcribed below ~nd ali 'their eXlmlsions, renewals, modifica~ons or substitutions, (Whe~ r~cing the debts below it 'is suggested that you ihclude irons 5uch as borrowers' names, note amount~, interest r~tes, maturity dates, etc.) NOte dated February 23, 2000, between Conaeco Finiknce Consumer Discount Company and Dennis L Yarlett, for $61,774.63, maturing March ~%~l.~.[~!~ :{,~j[ - 10. B. Ali future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any pron-,issory note, contact, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed afrcr this Sccurity Instrument whether or not this Security Imtrument is specifically referenced. If more than one person signs this Security Insmunent, each Mortgagor acres that this Security Instrument will secure all future advances and furore obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other furore obligations are secured by this Security Instrument even though all or pan may not yet be advanced. Ali future advances and other future obligations are secured as if made on the date of this Security Instnu~nt. Nothing in this Security ln.maun~m shall constitute a commitment to make additioml or future loans or advances in any amount. Any such commitment must be agreed w in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreen~m between Mortgagor and Lender.. D. All additioml sums advanced and e~penses incurred by Lender for insuring, preserving or otherwise promoting the .Property and its value and any other sums advanced and expanses incun~d..by Lender qnder the terms of fids Security Imwamem. This Security Imtmment will not secure any other debt if Lender fails to give any requin~i nonce of thc right of rescission. PAYMENTS. Mortgagor ag~es that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. WARRANTY OF TITLE. Mortgagor warmn~ that Mortgagor is or will be lawfully s~ized of the estate conveyed by this Security lnsmnnent and has the right to pant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unoncumbered, except for encumbrances of record. PRIOR SECURITY INTERESTS. With regard to any other mortgage, decti of trust, security agreemem or otlgr li~n document that cnmted a prior security interest or en~unbrance On thc Property, Mortgagor agrees: A. To make all payments when due and to perform or compIy with all cov~mms. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C.. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the Ii.eR docume~ without Lender's prior written con-~ent. CLAIMS AG.4JNST TITLE. Mortgagor will pay all tar~s, as,~ssm~, llem, e~m~b~, lesse payments, ground rents, notices mat such amounts are due and the recurs evidencing Morte~or's payment. Mortgagor will defend title to tbe Property agah~t any claims that would impair the lien of this Security Insmmm~. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defemes Mortgagor may have agaimt parties who supply hbor or materials to maintain or improve the Property. DUE ON SALE OR ENCUMBRANCE, Lender may, at its option, declare th~ entire balance of the Secured D~bt to be immediately due ~nd payable upon the creation of, or comract for the creation of, any lien, emmmbvance, Wansier or sale of the Prope~y. This right i.s subject to the resuictions imposed by federal hw (12 C.F.R. 591), as applicable. Tiffs covemm shall nm with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Propm~y in good condition and mak~ all r~airs ti~t are reasonably n~cessary. Mortgagor shall not commit or allow any waste, impairment, or detedoxation of the Property. Mongagor will ke~ tim Property free of noxious w~s and gn~ses, Mortgagor agrees that t~ mmm of ti~ occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or casement without Lender's prior written comsem. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to' the Property. 11. 12. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable t/mc for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property slmll be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contain~-d in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as ~ttorney in fact to sign Mortgagor's name or pay any amount necessary for performawe. Lender's right to perform for Mortgagor shall not cr~are an obligation to perform, and Lender's failnt~ to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Insmunent. If any construction on'the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to. protect Lender's security interest in thc Property, including completion of ~e consuuctlon. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys .apd mortgages to l.~der as additional security all' the fi~ht, tlfle and interest in and to. any and all eXigfing or future leases, s~bleases, and any other written ' or verbal agreements for tl~ use and occupancy oi~ any portion of the Property, including any extensions, renewals, modifcafions or substitutions of such agreements (all referred to as 'Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will pwmptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default und~ the ter~s of this Security 13. 14. Mortgagor agrees that this asdlpmmut is immediately effective between the parties to this Security Instmme~ and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mongagor's tenants to make payraents of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mongagor's tenants pay all Rents due or to become duc directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment.of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not conmfin~le the Rents with any other funds. Any amounts collected will he applied as provided in this Security In/~mment. Mortgagor warrants that no default exists under the Leases or any applicable landlonYtensm law. Mortgagor also agrees to maintain and reqnire any tenant to comply with the terms of the Leases and applicable law, LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if ~is Security lmuument is on a leasehold. If the Property includes a unit in a condominium or a planned unit developtu~nt, Mort/agor will perform ali of Mortgagor's duties under the covenants, by-hws, or regulations of the condominium or planned unit development. DEFAULT.,Mongagor,will. be:./n defadt..if any party obligated on,~e;secured Debt fails'to make payment when due. Mortgagor will be in default if a breach occur~ under the ~'rms of this Security Instrument or any other doc'umeme~ecu~d for the purpose of creating, s~uring or guarantying ~ Secur~l Debt. A good faith-beiief by Lender that Lender at any time is insecure with respect to any person or entity obligated on thc Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an ~ent of default. REMI~DIES ON DEFAULT. In some insmr, es, federal and state law will require Lender to provide Mortgagor with notice of the fight to cure or other notices and may establish titna schedules for foreclosure actions. Subject to these limitations, if any, Lender may accei~rate the Secured Debt and foreclose this Security I~ in a manner provided by hw if Mortgagor is in defaulr, At the option of Lender, all or any pan of thc ag~cd fees and charges, accrued hue_rest and principal shall become immediately due and payable, after giving notice if required by law, upon thc occurrence of a default or an/time thereafter. In addition, Leluter shall be entitled m all the remedies provided by law, the terms of the .~-ured Debt, this Security Instrum~ and any related documents. All ~medies are distinct, cumulative and llot exclusive, aug the Lender is cntitied to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on thc Secured Debt af'ter the balance is due or is acceicrated or after foreclosure procesdings are filed shall not constitu~ a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to hter consider the event a default if it continues or happens again, 16. 17. 18. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of [.mu:let's expenses if Mortgagor breaches any cavenant in this Security [nsmunent. Mortgagor will also pay on c~mand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protectin~ ~he Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedi~ under ~ S~curity Instrument.' Thia amount may include, but is not limited to, attorneys' fees, c~un costs, and other legal expenses, This Security Instmmcm shall remain in effect untl releascd. Mortgagor agrees to pay for any recordation cns~ of such release. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Rrspome, Cornpeusafion and Liability Act (GERCLA, 42 U.S.C. 9601 et seq.), and all other fe&ral, slate and local hws, regulations, ordinal_ es, court orders, attorney g~ opinions or interpmtivc letters concerning the public health, safety, welfare, enviwrammt or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous medal, waste, pollutant or conmmimm wltich has characteristics which re"nder the substance dangerous or potentially dangerons to the public health,-safety, welfic~e .or environment. The term · includes, without limitation, any substances defined as "hazardous material," "toxic substandcs,' "hazardous waste" or "hazardous substance" under any Bnvironmental Law. Mortgagor o:presents, warrants and agrees that: A. Exert as previously disclosed and aclmowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in th~ Prolmrty. This restriction docs not apply to small quantities of Hazardous Substances that · arc generally recognized to bc appropriate for the normal use and maintenance of thc PrOlm~. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and ew'ry temnt have been, are, and shall remain in full compliance with any applicable Enviwnmanufl Law. c~ Mortgagor shall immediately notify Lender if a rclca~, or threatened release of a Hamrdous Substance occurs on, under or about the Property or there is a violation of any Bnvironmenud Law concerning the Property. In such an cvent, Mortgagor shall take ali ueces~-y remedial action in accordance with any Environmental Law. D. Mortgagor shall immedia~ly notify I.~ader in writing as soon as Mortgagor has reason to believe there ia any pending or threatened investigation, claim, or procuring relating to the release or ttrreatened release of any Hazardous Substance or the violation of any Environmental Law, CONDEMNATION. Mortgagor will give Leader prompt notice of any pending or thr~ned action, by private or public entities to purchase or take any or all of the Property through condemnation, eminm~ domain, or a~y other means. Morlgngor authorizes Leader to in~rvene in Mongagor's name in any of the above de, scribed a~tiona or claims. Mongngor assigns to Lender the proceeds of any award' or chim for damages connected with a'cond~nmadofi or oilier taking of all or any pan of the Property. Such proceeds shall be considered payments ami will he applied as provided in th/s Security Insu-umem. This ass/gumcnt of proceeds is subject to the terms of any prior mongagc, decd of trust, security agreement or other lien documem. INSURANCE. Mortgagor shall ke~ Property imured agaimt loss by fire, flood, theft and other hazards and dsks reasombly associated with the Property due to its type and location. This iusm'an~ shail be maintained in thc amount~ and for ~he periods that Lender requires. Thc insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's ~proval, which shall not be uure~onably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in thc Property according to the terms of thia Security ImUmmcm. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify L~nder of cancelhtion or termimtion of the insurance. Lender shall have tbe right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipt~ of paid premiums and reuewal notices. Upon loss, Mongngor shall give immediate notice to the insurance c~*Tier and Lea~r. Le~ler may make proof of loss il'not made immediately by Mortgagor. ~ -..~ (page 4 Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lendor'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 paynent. Any exceas will be pa/d to the Mortgagor. If the Property is acquired by Lender, Mongagor's fight to any in.varance policies and proceeds resulting from darmge to the Property before the acquisition shall pass to Lender to the extent of the Smd Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agre~nent, Mortgagor will not be requirc'd to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider nece~sury to perfe~ct, continue, and preserve Mort~agor's obligations under this Security Inst~t and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS ~OUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of d~bt, Mortgagor does so only to mortgage Mongagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this $~nnity Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agre~ to waive any fights that may prevent Lender.from bringing any acfidu or chim against Mortgagor or any party indebted under the obligation. These fights may include, but are not limited to, any anti-deficiency or one-action hws, Mortgagor agrees that Lender and any party to this Security Instrument may exmnd, modify or ~ any change in tbe terms of this Security Insmnnent or any evidence of debt wi&out Mortgagor's consent. Such a change will not release. Mortgagor from /he terms of this Security lmtnm~at. The duties and benefits of this Security Instnunont shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security lmwament is governed by the laws of the jurisdiction in which Lender is located, except to the ext~nt othcrwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complet~ and fully integrated. This Security Imtmme~ may not be ~ed or modified by oral agreement.' Any section in this Security [nstntment, attachments, or any agreement r~hted to the ~ Debt dl=t conflicts with applicable hw will not be effective, unless that law expn~sly or impiiediy permits the variations by writ~n a~reemem. If any secdon of th~ Security Instrument cannot be enforced according to its ~rms, that section will be ~evered and will not affect the enforc~bility of the remainder of this Security I..vauraent, Whenever used. the singular shall include the plural and the plural the singular. The captious and headings of the sections of this Security Instrument are for convenlenoe only and are not to be used to h]terpret or define the terms of this Security Instnunent. Time is of the ess~nee in 24. NOTICE. Unle.~ otherwise required b.y hw, any notice shall be given by deliverln~ it or by mailing it by first class mail to the appropriate party's address on page I of ti~ Security Imtrument, or to any other address designated in v?fiting. Nod~ w one mortgagor will be deemed to be notice to all mortgago .rs. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any fight to appralsen~nt relating to the Property. 26. OTHER TERMS. If check~d, the following a~e applicable to this Sccurity Instrument: [] Line of Credit. The Secured Debt includes a revolving line of credit provision. Alfl~ough the Secured Debt may be reduced m a zero b~lance, ~ Security In~trumcm will rennin in effect until released. [] Construction Loan. This ,~'urity lustnnnent ~ecures an obligation incur~ for &e consh"uction of an improvcmem on the Property. [] Fixture Fi~lu~. Mortgagor ~rams to Lender a security intems~ iu all goods tha~ Mortgagor owos now or in the future and that are or will become fixtures related to the Property. This Security Instnuncnt suffices as a financing statement and any carbon, photographic or other rcprodnction may be filed of record for proposes of Article 9 of the Uniform [] Pm'chase Money. TMs Security Im'tnuncnt secures advances by Lender used in whole or in part to acquire the Property. Accordingly, ~his Security Instnune~, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania, [] NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE [] Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of ~h~.~ Security In~trumenL [Check ail applicable boxes] [] Condomi-ium Rider [] Planned Unit Development Rider [] Other ................................................... [] Additional Terms. SIGNATURES: By signing be/ow, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants comaingd in tiffs Sccudty Iasmunenrand ~g~uy at}achngnts. Mortgagor also achwwlcdges n~,eipt of a copy of ~ Security Insmunent on '~_ ~, '~"_~'.~"J"U". ..................................................................... .~.~ , . . ....... :...,.. ACKNOWLEDGMENT: COMMONWBAL~[-I OF ......................................... COUNTY OF .............................................. } ss i~i,~,~) Onthks the z.~rd ..... FEBRUARY 20-00: ~-- ' thc under~gned officer, personally at~peared ........................... ./~D.. K/)RGS ~.. ~'A.R.LE T~ ........................ ........................................................................................... known tc me (or satisfactorily proven) to bc the pcrson(s) whnse name(s) ks subscribed ~ ~e within iasmamm, and a¢lmowiedged that he/she executed the same for the. purposes therein comaiaed.. In wimess whereof, I hereunto set my hand and offichfl seal. Member, Pennsylvania Association o! Notnrtes , It ~ ~rcby c~fi~ ~t ~e a~s of ~ ~ ~ ~ ' c~.eco ~e count= ~*c~c c~y 3401 Har~z~e D~ve, Su~ea.11~,~ R~11, ~sylv~ia 17011 ........................................ .................................................................................................... ,' .... , . . ~ecral ALL T~T CERTAIN PROP~ SI~TED IN T~ TO, SHIP O~ ~W~R ~, ~Y OF ~ER~D ~ ~MMO~LTH OF P~SYL~IA. PARCEL I.D.13-23-0559-029. BEING MORE F~LY DESCRIBED IN DEED DASD 12-15-97, RECO~ED 01-06-98. APP~ING ~G THE ~D RECO~S OF THE CO~ ~D STATE .S~ FORTH ~O~ I~ ~EED BOOK VOL~E 170, PAGE 385. Parcel ID: 13-23-0559-029 RecoAdqd in.~tht office for the re~r~ng w~nes~y h,nd a~l d offi~ ~ ~ Carli~ PA this ~d~ d~ ~ ' r SHERIFF'S RETURN - REGULAR CASE NO: 2002-00734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS YARLETT DENNIS L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YARLETT DENNIS L the DEFENDANT , at 1745:00 HOURS, on the 20th day of February , 2002 at 134 WINSTON DRIVE MECHANICSBURG, PA 17055 by handing to KONGSI YARLETT, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ day of So Answers: R. Thomas Kline 02/21/2002 MCCABE WEISBER~ _CONWAY SHERIFF' S RETURN - REGULAR CASE NO: 2002-00734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER DISC VS YARLETT DENNIS L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YARLETT KONGSI the DEFENDANT , at 1745:00 HOURS, on the 20th day of February , 2002 at 134 WINSTON DRIVE MECHAiqICSBURG, PA 17055 by handing to KONGSI YARLETT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of So Answers: R. Thomas Kline 02/21/2002 ' Depu~y~iff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Dennis L. Yarlett 134 Winston Drive Mechanicsburg, PA 17055 CONSECO FINANCE CONSUMER DISCOUNT COMPANY V. DENNIS L. YARLETT AND KONGSI YARLETT NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NI/MBER 02-734 CIVIL TERM Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated/below. Curtis R. Long ~/ Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kongsi Yarlett 134 Winston Drive Mechanicsburg, PA 17055 CONSECO FINANCE CONSUMER DISCOUNT COMPANY V. DENNIS L. YARLETT AND KONGSI YARLETT NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVIL TERM Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT : COMPANY : V. : DENNIS L. YARLETT AND : KONGSI YARLETT : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $87,381.32 Interest from 2/9/02-4/1/02 $ 1,231.14 TOTAL $88,612 . 46 AND NOW, this J~ day of ~p~ , 2002, Judgment is entered in favor of Plaintiff, Conseco Finance Consumer Discount Company, and against Defendants, Dennis L. Yarlett and Kongsi Yarlett, and damages are assessed in the amount of $88,612.46, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT : COMPANY : V. : DENNIS L. Y~2ILETT AND : KONGSI YARLETT : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVIL TERM AFFIDAVIT OF NON-MiLITARY SERVIC~ COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA : The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Dennis L. Yarlett and Kongsi Yarlett, are over eighteen (18) years of age, and resides at 134 Winston Drive, Mechanicsburg, PA 17055. SWORN TO AND SUBSCRIBED BEFORE ME THIS/ DAY OF ~ , 2002. Attorney for Plaintiff ,'~CHELLE A. HOI. A~K. No, wY Public City of Philadelphia. Phila. County ~mmission ~.Ex~:Fi~..~M~:h 28, 2005. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff CONSECO FINANCE CONSUMER DISCOUNT : COMPANY : V. : DENNIS L. YARLETT AND : KONGSI YARLETT : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVIL TERM CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY , 2002. NOTARY PUBLIC TERRENCE J. N~CABE, ESQUIRE Attorney for Plaintiff ~i~ of-~ 'l~.-'~mn~y ~,ommission Ex,res March 28, 2005 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. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. Mo~ABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COU1TTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary March 20, 2002 To: Dennis L. Yarlett 134 Winston Avenue Mechanicsburg, PA 17055 CONSECO FINANCE CONSUMER DISCOUNT COMPANY V. DENNIS L. AND KONGSI YARLETT : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVAL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Un[ess you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a Iai, er or cannot afford one, go to or telephone the foLLowing office to find out where you can get Legal he[p: Court Administrator Cumber[and County Courthouse Car[isLe, PA 17013 (717) 240-6200 TJM/rmb NOTIFICACION IMPORTANTE Us[ed se encuentra en es[ado de repe[dfa pot no haber presentado una comparecencia escrita, ya sea persona[mente o por abogado y por no haber radicado por escrito con este Tribuna[ sus defensas u objeciones a Los recLamos formuLados en contra suyo. A[ no tomar Ia accion debida dentro de diez (10) dias de La fecha de esta notificacion, e[ Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba a[guna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe [[evar esta notificacion a un abogado inmediatamente. Si us[ed no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o [lame por teLefono a Ia oficina, nombrada para averiguar si puede conseguir asistencia legaL. Court Administrator Comber[and County Courthouse Car[isLe, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBER~ AND CONWAY, P.C. First Union Buildlng 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary March 20, 2002 To: Kongsi Yarlett 134 Winston Drive Mechanicsburg, PA 17055 CONSECO FINANCE : CONSUMER DISCOUNT COMPANY : V. : DENNIS L. AND KONGSI YARLETT CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-734 CIVAL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in defau(t because you have failed to enter a written appearance personaLLy or by attorney and file in writing with the Court your defenses or objections to the c[aima set forth against you. Un[ess you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may Lose your property or other important rights. You should take this notice to a Lawyer at once. [f you do not have a Lawyer or cannot afford one, go to or telephone the fo[Lowing office to find out where you can get Legal heLp: Court Administrator Cumber[and County Courthouse CarLisLe, PA 17013 (717) 240-6200 TJM/rmb NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebe[dia por no haber presentado una comparecencia escrita, ya sea persona[mente o pot abegado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a [os rec[amos formuLados en contra suyo. AL no romar La accion debida dentro de diez (10) dias de La fecha de esta notificacion, eL Tribunal podra, sin necesidad de comparecer usted en corte u oir preupa a[guna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe [[evar esta notificacion a un abegado (nmediatamante. Si usted no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o L[ame por te[efono a La oficina, nombrada para averiguar si poede conseguir asistencia LegaL. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010