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HomeMy WebLinkAbout02-1458 CONSECO CONSUMER DISCOUNT COMPANY Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1458 CIVIL TERM GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE, aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by and through their attorneys, Turo Law Offices, respectfully submits the following answer in response to the Motion for Summary Judgment filed by the Plaintiff, Conseco Consumer Discount Company ("Conseco"). ANSWER Admitted. Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce. ("Luce"), 2. Admitted. 3. Admitted in part and denied in part. It is admitted that monthly installments of principal and interest are unpaid and that the Defendants deny defaulting on the subject mortgage. The Exhibit "E" is a document prepared by the plaintiff, the accuracy of which the Defendants have no knowledge, and proof of same is demanded at trial. The remainder of this averment is a legal conclusion to which no response is required. To the extent that a response is required, this portion of the averment is denied. 4. Denied. The Defendants believe they were coerced into the subject transaction by means that border on predatory lending practices. They have never been able to afford the monthly payments, and the mortgage is for considerably more than the value of the property. 5. Admitted in part and denied in part. It is admitted that the Defendants do not have the financial ability to make the monthly payments. It is denied that this is the sole reason that the Defendants' default should be denied. The remainder of this averment is a legal conclusion to which no response is required. To the extent that a response is required, this portion of the averment is denied. 6. Admitted in part and denied in part. It is admitted that the Defendants would have been unable to afford the monthly mortgage payments from the beginning. This fact is further supported by the determination letter from the Pennsylvania Housing Finance Agency attached to Defendants' Answer and New Matter as Exhibit "D". The annual income figure stated in Defendants' Answer was taken from a document prepared by and for the Plaintiff, which information Plaintiff possessed at the time it contacted Defendants regarding this loan. 7. Admitted in part and denied in part. It is admitted that Defendants were unable to afford the monthly mortgage payments. The annual income figure stated in Defendants' Answer was taken from a document prepared by and for the Plaintiff, which information Plaintiff possessed at the time it contacted Defendants regarding this loan. 8. Denied. The Exhibit "E" is a document prepared by the plaintiff, the accuracy of which the Defendants have no knowledge, and proof of same is demanded at trial. 9. Denied. 10. Admitted. 11. Denied. By way of further answer, the Pennsylvania Department of Revenue Realty transfer Tax 2000 Common Level Ratio Real Estate Valuation Factors attached to Plaintiffs Motion for Summary Judgment as Exhibit "H" clearly states that "these factors are applicable for documents accepted from July 1, 2001 to June 30, 2002". (Emphasis in original.) This document also bears a release date of June 2001. In March 2000, when this transaction was originally documented, the Plaintiff had to rely on 1999 assessment information, including the 1999 Common Level Ratio. In the reassessment of Cumberland County properties performed in 2000, the Defendant's property was assessed at $44,140 (See Exhibit "A" attached hereto), which assessment does approximate its fair market value for 2000. 12. Denied. The Defendants assert that a loan in an amount 36% in excess of the property value is "far in excess of the value of the subject property." 13. Admitted in part and denied in part. The defendants admit that the property suffered severe storm damage and that a neighbor destroyed their septic system. The remainder of this averment is denied. 14. Denied. By way of further answer, there are material issues regarding the Plaintiffs lending practices that should be resolved at trial. Summary judgment is not proper. WHEREFORE, for all the reasons set forth above, the Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce, request this Honorable Court to deny Plaintiffs Motion for Summary Judgment. Respectfully Submitted TURD LAW OFFICES eoL Date Ja M. Rob* son, Esquire 28 outh Pitt Carlisle, PA 17013 (717) 245-9688 Attorney for the Defendant Form View - public tax file 5-23-02.fp5 Form View public tax file 5-23-02.fp5 HOM I Help arch Table View DisirtaLNumber Parcel ldentlSer Map SutSx-Number House-Number street owner Name_f Owner Name 2 LaroUe•_Code Properly_Deacriptlon LMng,_Ama CufmnLLancValue CurrerrtL.ImprovemenLValus CurrentTotal Value Cumrrk_Preferrv4_Ve1ue Acreage ClwnGreen_Shws TaxabN_orExempl SaN_Amowrt Ssle_Month Sale-Day SsloCentury SaleYear Viewing: 1 of 1 39 39-13-0106-079 91 SAND BANK ROAD LUCE, GORDON E & G LUCILLE R & T-317 1257 30040 14100 44140 1.38 1 22000 03 03 19 78 Page 1 of 1 .../FMPro?-db=public%20taac%20fi1e%205-23-02.fp5&-op=bw&House%5fNumber=91 &-op=bw&StO6/03/2002 CONSECO CONSUMBER DISCOUNT : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2002-1458 CIVIL TERM GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Defendant's Answer to Plaintiffs Motion for Summary Judgment upon Blair Kalish Adler, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 2nd day of August, 2002, from Carlisle, Pennsylvania, addressed as follows: Blair Kalish Adler, Esquire Comroe Hing, LLP 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 TURO LAW OFFICES 4.,* &,? Ja M. Robi son, Esquire 28 outh Pitt treet Carlisle, PA 17013 (717) 245-9688 Attorney for the Defendant f") O O C s.? -n 1 +1 ;'Tl rj M 1 ? cot-. ?.; ,,1??. , Y' C :r? C3 rn Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE VS. Term Gordon E. Luce No. b;a _ /ys? u 91 Sandbank Road T Shippensburg, PA 17257 !-''?-? and Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants CIVIL ACTION: FORECLOSURE - COMPLAINT .............................................................. .............................................................. N O T I C E 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 the 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 LEGAL HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. A V I S 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SFRVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. THIS IS A PROCESS THE PURPOSE OF 2 WHICH IS TO COLLECT A DEBT AND ANA' INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. NOTICE The amount of your debt is as stated in the attached document The name of the creditor -to whom the debt is owed is as named in the attached document Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the. 30 day period, we will obtain verification of the debt or a .copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify as in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required ' and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103-5446 ----------------- (215) 568-0400 (215) 568-5560 FAX WWW. COMROEHING. CON-nil 7111S IS .A PROCESS THE P TRpOS T r + WJ'TC F , ai `1'O,, COLLECT' r? i:iis.C3T AN i _`v lNi"(;t?.'?5ATlroNOBTA.INT,11 t;)P Y )T l?tt AiNrvy NE ELSE WILL BE US ED TO THAT END. 1. Plaintiff is Conseco Consumer Discount Company, with its principal offices at c/o Conseco Finance Corporation, 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce, with an address as set forth above. 3. On March 22, 2000 Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce executed and delivered a Mortgage upon premises hereinafter described to Conseco Consumer Discount Company, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1602, at page 352 on March 27, 2000. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 91 Sandbank Road, Shippensburg, PA 17257 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on July 2, 2001, and as due on the second day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was FIVE HUNDRED EIGHTY SIX DOLLARS AND 56 CENTS ($586.56). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $58.66 per month from 07/02/2001 to 03/19/2002. (c) Interest from 06/02/2001 through 03/19/2002 at $18.15 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $59,609.69 $469.28 $5,281.02 $0.00 $2,980.48 $335.00 $115.50 $2,110.42 $0.00 $70,901.40 In addition, interest at the rate of $18.15 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect 4 the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $70,901.40 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: March 19, 2002 Respectfully submitted, Comroe Hing LLP Bv: David B. Comroe, Esquire SupremeCourtI.D. 25694 Attorneys for Plaintiff 5 VERIFICATION for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT `.CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from. Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less... EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 Amyv6 CONSECO. CONSECO FINANCE SERVICING CoRrP@nIISylVaIIla 736o S Kyrene RoadAct 91 Notice Tempe, Arizona 85183.4583 888-315-8733 GORDON LUCE 91 SANDBANK RD SWPENSBURG,PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE - September 10, 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 (JIEMAP) 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 VATHIN 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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTANUWM 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 REDWR SU HIPOTECA. CONSECO. CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road Tempe, Arizona 85283-4583 888-3 r 5-8733 Date: 9/10/01 TO: GORDON LUCE Loan No.: 6906886541 91 SANDBANK RD Mortgaged Premises: 91 SANDBANK RD SHIPPENSBURG, PA 17257 SHIPPENBURG, PA 17257 1323 3356 114287659 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 MIE "ACT), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE'. - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 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 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. R CONSECO. CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road ,q 2 ' mortgage assistance are very limited. They will be disbursed by the Agency AGENCY ACTION -- AV aid &"Tss under the eligibility criteria established by e e Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD 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: 91 SANDBANK RD, SHIPPENBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:7/2/01- $586.56, 8/2101-S586.56,9/2/01-S586.56. Other charges (explaWitenize): NSF Fee : $0.00, Late Charges :$234.60. TOTAL AMOUNTS PAST DUE: $1994.28. 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 $199428, 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 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 Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the 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. 736o S Kyrene Road RIGHT TO CURE THE DEBA TWffiE-01:9, ' S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings u still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any 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 perforating any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the some 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. 6021333-6460 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 Sheriffs Sale, a lawsuit to remove you grid 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 INS UfED 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 INW CONSECO. CONSECO FINANCE SERVICING CO Pennsylvania 7360 S Kyrene RoadAct 91 Notice Tempe, Arizona 85s83-4583 888-315-8733 G LUCHIE LUCE 91 SANDBANK RD SHIPPENSBURG,PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 10, 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 INMED1TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR 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• CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85283-4583 888-315-8733 Date: 9no/01 TO: G LUCILLE LUCE Loan No.: 6906886541 91 SANDBANK RD Mortgaged Premises: 91 SANDBANK RD SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 1323 3349 091249605 FROM: Conseco Finance Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WE ICH 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 "ACI-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 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 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. kq - CONSECOs CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road AGENCY ACTION - AvaiifllSlt' MN mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by a Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD 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: 91 SANDBANK RD, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:7/2/01- $596.56, &/2/01-$586.56,9/2/01-S586.56. Other charges (explaintitemize): NSF Fee : $0.00, Late Charges :$234.60. TOTAL AMOUNTS PAST DUE: $199428. 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 51994.28, 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 Kyrene Rd. Temoe. 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 inshue 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 attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the 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. 736o S Kyrene Road RIGHT TO CURE THE DEReA`i9f.'f'!SY<Yggf?I 'SS ALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings av gun, a still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any 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 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: 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 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X_may not (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 OTfiER DEFTUSE 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 To? JlJ c, ; ,-:? CONSECO CONSUMER DISCOUNT : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2002-1458 CIVIL TERM GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE, aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: Conseco Consumer Discount Company C/o David B. Comroe, Esquire Comroe Hing, LLP 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted oa Date TURO LAW OFFICES J s M. Ro nson, Esquire 2 outh Pi treet C rlisle, PA 7013 (717) 245-9688 Attorney for the Defendant CONSECO CONSUMER DISCOUNT COMPANY Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1458 CIVIL TERM GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE, aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE ANSWER AND NEW MATTER Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce. ("Luce"), by and through their attorneys, Turo Law Offices, respectfully submits the following answer and new matter in response to the Complaint filed by the Defendant, Consecb Consumer Discount Company ("Conseco"). ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that monthly installments of principal and interest are unpaid by Defendant. It is denied that Defendant is in default or that any amounts are now due and payable. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that the amounts listed in this averment are reflected as owing according to Plaintiffs records. It is denied that such amounts are actually owed by Defendant and proof of same is demanded at trial. 10. Admitted. NEW MATTER 11. On March 22, 2000 when the subject mortgage loan was originated, Defendants were financially unable to pay the original monthly payments of $611.64, 12. On December 14, 2000, when Plaintiff and Defendants executed an Amendment to Mortgage which reduced the payment from $611.64 per month to $586.56 per month, Defendants did not have the financial ability to make the amended monthly payments. 13. Plaintiffs internal leads report dated February 29, 2000 (See Exhibit "A" attached hereto) stated that Defendant Gordon E. Luce was 71 years of age, his employer was "N/A" and "Annual Income: $2,132." 14. A financial summary sheet (See Exhibit "B" attached hereto) partially completed by Plaintiff indicated that Defendant Gertrude Luce was approximately 70 years of age and had a monthly gross income of $875. 15. The Plaintiff knew, or should have known, that Defendants would be unable to pay the original required monthly payments of $611.64 or the payments required by the amendment of $586.56 as they came due. 16. In November 2001, Defendants submitted an application to the Pennsylvania Housing Finance Agency ("PHFA") Homeowners' Emergency Mortgage Assistance Program, which application was acknowledged in the Agency's letter dated November 21, 2001 (See Exhibit "C" attached hereto). 17. Defendant's application to PHFA was denied. In its letter dated January 4, 2002 (See Exhibit "D" attached hereto), PHFA stated that it denied Defendant's requ6st because there was "No reasonable prospect of mortgagor resuming full mortgage payments within twenty-four (24) months and paying mortgage(s) by maturity based on: Mortgagor's income has been insufficient to maintain mortgage for the past two (2) years. Based on applicant's federal tax returns for 1997-1999." 18. The Defendants remain financially unable to pay the subject mortgage loan current or to make the required monthly payments as agreed. 19. On March 14, 2000, Betty J. Kauffman of BK Real Estate Appraisals performed an appraisal of the subject property which estimated the property value to be $60,000. 20. On a report provided to Plaintiff by Express Financial Services for a search performed as of March 1, 2000 (See Exhibit "E" attached hereto), the assessed value of the property is listed as $1,660, which, when divided by the Common Level Ratio of .063, produces an estimated market value of $26,349.21. 21. Plaintiff did not investigate, nor did it have anyone else investigate, the huge discrepancy between the appraised value of the property reported by Betty J. Kauffman and the assessment of the property reported by Express Financial Services. 22. The Plaintiff knew, or should have known, that it was making a loan to Defendant far in excess of the value of the subject property. 23. The original principal balance of this loan equaled one hundred percent (100%) of the value of the property as determined by Ms. Kauffman. 24. The current assessed value of the subject property, as determined in the 2001 tax reassessment wherein all properties in Cumberland County were assessed at their estimated market value, indicates a value of $44,140, which is significantly less than the balance on the mortgage loan and the appraised value as determined by Ms. Kauffman. 25. In September 1999, flooding caused by a severe storm caused significant damage to the subject property, destroying many of the house's internal systems, such as the furnace and water, which systems were replaced only with the help of a government grant issued for that purpose. 26. In March 2001, while clearing ground upon which to install a road to newly subdivided property, a neighbor destroyed Defendant's septic system, making the subject property unsalable. This damage has not yet been fixed due to the Defendant's present financial condition. WHEREFORE, for all the reasons set forth above, the Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce, request this Honorable Court to dismiss the Plaintiffs Complaint. c??aa Date Respectfully Submitted TURO LAW OFFICES Ja s M. Ro nson, Esquire 2 outh Pitt/Street Carlisle, PA 17013 (717) 245-9688 Attorney for the Defendant E-XH1 V)t / ft BORROWER: • Rt)r/h NAME C-0 u ADDRESS CITY STATE HOW LONG "L 3 HOME PHONE SS# DOB ZIP PERVIOUS ADDRESS Bless t an Z ears ADDRESS CITY STATE ZIP EMPLOYMENT EMPLOYER ADDRESS CITY STATE WORK PHONE POSITION TIME AT JOB MONTHLY GROSS INCOME PREVIOUS EMPLOY IWO-- tha22 years) EMPLOYER POSITION TIME AT JOB MORTGAGE INFO I sT MORTGAGE CO. BALANCE 3(. 000 PAYMENT 2 $ z . TERM &(6" INTEREST RATE (U - (i ESCROW? /V0 EST. VALUE RF HOME fO, vcro TYPE OF HOME Z 9-?o PURCHASE PRICE z Z r 07so rza3 ZIP CO-BOR1LR NAME J R tQ J DE L ADDRESS CITY HOW LONG HOME PHONE SS#o4? z<< sco7 ADDRESS CITY STATE ZIP DOB ,/3p1 STATE EMPLOYMENT Y3? EMPLOYER ADDRESS CITY STATE WORK PHONE POSITION De54 . Le--t TIME AT JOB 2 j MONTHLY GROSS INCOME 8 7-?- ow EMPLOYER POSITION TIME AT JOB 2''D MORTGAGE CO. (?(g. / p 5 R E BALANCE PAYMENT 2 f G TERM 3 v ,i INTEREST RATE f I I Z DEBTS TO BE PAID Sg3? Loa,.. 7000 U 5 . ( qco ZIP ZIP E? y, t-4 16 IT "8 " gluaeepa,net 2001-11-24 20:29:07 (GMT), page 1 Pennsylvania fibmaawaEU'?mv?ncy Housing Finance Agency (Ilptt?ieA?aancF,LositPtpytam :h5 "1A!.?QanirFraN 3nr6. P.O. Sax 15206 PA. V10.52P6 CPrtvcxpp px 1161 No.tkFmwt wtrat. P.A.: au ism ifuniaA Vg. PA IIMS:Sm 07)7404W .WW$2-2trFAxmrRZan4aus _ - 2'fllldPar ft+re!fut&r/?krt(/FTJ7f0,f869. GORDW LUCE 11122/61 91 -S7JIG'. BANK RD SHIPgENSBUR@r-PA 17257 ...Dear Hosaowner- The Fasulsyivania Housiag ?hence Agency-Hoseewners' Easrgency 2d0;+tq?#Ge.-Jl+ssic.LaAi,7Y,.::-,4,t!cyp;?iq•-Oa:Y.:T.eca#.ved :?YNou3F'?+K?p14eatica:: mortgage assistance ioaaa we will pxoresa tksis application as quickly as possible. If you are contacted by either the counseling agency or us to provide. additional information, please do so in a timely mane.. As part of our review, ve will ;b& .determining your :ability to rome full mortgage payments. based ion your current income, you may be required to pay all or a portion of your monthly: payment.' YOU Will be notified of these ama•unts in writing if your loan is !approved. Please note that it you he" indicated on your application that you are currently able to resume full mortgage payments, if you have specified a data for resumption of full payments or indicated an s omt ; you will pay towards the total monthly obligation, you should make full or Partial Payaeats directly to your bank. 11' your bank -..refuses to accept them* payments you. should open e savings account and deposit the :Stated'aaounts into "is account Taftediately.. upOn opening this.: eccauntr Please inf0t76:.:the 8020ownex':s Xtexgency Mortgage haelstance Program of :he :.savings institution and account number, ftis is ever, ry_ 1922rtant Your load application Will be elvaiuated { . fit ; Sbar ?,ntemacson ...acy?plied, ---I E -.. yarur -applxcatl?a ._.ia spptbV*4 an¢ fun4s: you stated were 'to be available at the Ziae of loan closing' are not aveilable,it nay -adversely affect the loan decision. Ia other words, the loan approval may be withdzawn, If the eirouastances.regarding your financial ability to, pay the amounts stated on the. application should change. 11-;u! vaur a.gtElbiiitt to notify us of this change- In fact, yahauld notilty us of arty changes regarding the Information preaeatW In the application. :Thank you for your cooperation in this mater and. best wishes In a speedy-reaol.ut`_oa to your, housing problem.. 3HS PENHSYLVANIA.NQUSIM FINAUM AGENCY - Ncmeowners'smargency Xortgage Assistance-.Program cc: ACS 03i09?H 16:23 01ESS FIN*CIRL SERVICES* 9975MM N0.273 ? D91 mow. (000) 422.1169 17) 972.1027 4720 Old G* tO*M Road &dte 204 Ekprssa Flnancra/ Servlc" Mechanicsburg, PA 1709 Ow Conseco Fioaac0 CDC CwtOIDeFNEme AddreN 1401 Hartsdale Dr., 2to lls Addrm Ordaid By CUP Hill, PA 17011 Gordon E. A Q. Lucille Lace Tom Y. 91 aandbank Rd. Date or 00 A AeeL# PWU0300249 Gordon E. Luce and 0. Lucille LOCO, his wits 02/21/70 03/03/79 Deed Book 27-E Page 213 CMt7 Crib. i?PlYfOU Bee01'd!d ? Harry X. MC21Was and mans P. MCRIWOO. his Wife 35-13-0106-079 fir H00thevton To nmmp, Cne,bsrland County 1st mortpgs Holder Centex Hoes Equity Corp. 422,000.00 V ANeMwveEt TEEN Land 560.00 Maid through 1!!0 Zeprovemubc 1,100.00 C soul 61, 660.00 03/06/99 1437 97 03/ii/!! Additional MmVpW oa Nk Date Volawe no First Plus Bank y? a U S &n 0!/09/99 1532 953 IC O1/13/9D also on CBR ••' enollemcnb and oth.y lleror Hme. Please Bead Mortgagee To as Filed To, Cugbarland County Courthouse AT=i Chris Peters Recorder of Deeds 1 Courthouse square Carlisle, Ph 17013 AElooat 532,500.00 " (C(Closed 1:od1 P 1a Amooet \ I $25,000.00 (Closed End) Plc) t+.n, u.rrc...r r.a er sy UOT W94 w.s.n.+w..,4d.+... Aa .eraser.., a,11,.rtlw?r.M.IM..h,Y+Na,W ?i?uey aell?aiagio4l st aY e?w E-x l-+1 B lT ..E„ VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. (,) yloa Date (,?yloa Date Date (, l L4 I C>,P, - ?/14.1- 5*don E. Luce za? dj,ttee- Gertrude Luce 9' ? JlJ/Q ? Iwo e G. Lucille Luce CONSECO CONSUMBER DISCOUNT : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2002-1458 CIVIL TERM V. GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer and New Matter upon David B. Comroe, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 4th day of June, 2002, from Carlisle, Pennsylvania, addressed as follows: David B. Comroe, Esquire Comroe Hing, LLP 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 TURO LAW OFFICES Jarr" M. Robi on, Esquire 28 $fiuth Pitt S reet Carlisle, PA 1-1013 (717) 245-9688 Attorney for the Defendant T lLl ,_ _:ii C) COMROE RING LLP BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 CONSECO CONSUMER DISCOUNT COMPANY C/O CONSECO FINANCE CORPORATION Plaintiff vs. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-1458 GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. PLAINTIFF CONSECO Am. --- CONSUMER DISCOUNT u'TiT11T . ___ Plaintiff Conseco Consumer Discount Company c% Conseco Finance Co orati ("Plaintiff') by and through its counsel, Comroe Hin rp on g, LLP, hereby responds to Defendants New Matter as follows: 11. Denied as stated. After reasonable investigation, plaintiff lacks sufficie knowledge or information to form a belief as to the nt both of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of tri if relevant. B al, y way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This inform is within Defendants' sole knowledge anon and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 12. Denied as stated. After reasonable investigation Plai • knowledge or information to form ntiff lacks sufficient a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at ' if relevant. time of trial13. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this ave Accordingly, same is denied and strict Proof thereof is demanded at time of trial if relevant, By way of further response, Plaintiff s Defendant Gordon E. specifically denies that Luce had an annual income of $2.132.00 as Defendant alleges. Attached hereto and made a Part hereof as Exhibit A is a correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gordon E. Luce's gross monthly income as $567.50, which amounts to an approximate gross annual income of $6,810.00. 14. Denied as stated. After reasonable investigation, Plaintiff lacks suffIci knowledge or information to form a belief as to the en truth of this averment. . Accordingly, same is denied and strict proof thereof is demanded at time of if relevant. 73 trial, Y way of further response, Plaintiff specifically denies that Defendant Gertrude Luce had a monthly gross income of $875,00 as Defendant alleges. Attached hereto and made a Part hereof as Exhibit A is a hue and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant G 15 ertrude Luce's gross monthly income as $1,280.50, which amounts to an approximate gross annual income of $15,366.00. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This information is within Defendants' sole knowledge and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 16. Denied as stated. This allegation refers to a legal document, the contents of which speaks for itself, and same is therefore denied. 17. Denied as stated. This allegation refers to a legal document, the contents of which speaks for itself, and same is therefore denied. 18. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This information is within Defendants' sole knowledge and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 19. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment as Defendants have not attached a copy of said Appraisal to their New Matter. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 20. Denied as stated. This allegation refers to a legal document, which speaks for itself, and same is therefore denied. By way of further response, Plaintiff is unsure as to Defendants' method upon which they have calculated their incorrect estimated market value of the premises. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of the Title Report which indicates an Assessed value of $55,150.00. Furthermore, Defendants incorrectly allege that the Cumberland County Common Level Ratio factor is .063, when, in fact the Common Level Ratio factor for Cumberland County is listed as 1.00 for the year of 2000. All of the Pennsylvania counties have been based on a 1.0 scale for quite some time. Attached hereto and made a part hereof as Exhibit "C" is a true and correct copy of the Pennsylvania Department of Revenue Realty Transfer Tax 2000 Common Level Ratio Real Estate Valuation Factors. 21. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that any "huge" discrepancy between appraised values existed. 22. Denied as stated. This allegation is a conclusion of law to which no response is required under the Pennsylvania Rule of Civil Procedure and, accordingly same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that it made "a loan to Defendant far in excess of the value of the subject property." 23. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 24. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Defendants have not attached any documents which substantiate their allegation that the 2001 tax reassessment indicates a property value of $44,140.00. Plaintiff hereby incorporates by reference its reply to Paragraph 20 above as if same were set forth more fully herein. 25. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff is not responsible and/or liable over to Defendants for acts of God and acts of third parties which may or may not be covered by Defendants' home owners insurance policy. 26. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff is not responsible and/or liable over to Defendants for acts of third parties which may or may not be covered by Defendants' home owners insurance policy. WHEREFORE, Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation respectfully requests your Honorable Court to enter a judgment in rem in its favor and against the Defendants in the sum of $70,901.40 plus interest and late charges at the contract rate to date of judgment as set forth in Plaintiffs Complaint in Mortgage Foreclosure and costs, both of suit and as set forth in Plaintiff s Complaint in Mortgage Foreclosure and for foreclosure sale of the mortgaged premises. Respectfully submitted, COMROE HING LLP BY: A L 1 I C/o, BLAIR KALISH ADLER, QUIRE Attorney for Plaintiff Conseco Consumer Discount Company VERIFICATION I, Blair Kalish Adler, Esquire, attorney for Plaintiff herein, having express authorization to enter into this verification, verify the foregoing Reply to New Matter and aver that the statements of fact therein contained are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. I J, 1 BLAIR KALISH ADLER, ESQUIRE Uniform Residential Loan 7tY ypl{e..{e b MiOr Y Y.gNr 1Y ft WO-w.+ar La , ri..... AtMb.a. Jay W al. br u'Da...eY a'caa....e: .. rra.o4 case... YtYr,la stJ.NP.dr lr a. yter... es'''!!lO???.+11fr.?e. o. ®.. ?ri f.omaob. maa. •eau.v (IsW1?0.ema.r. 'P.tl .aMwlr.tW. MI.m V..aa..aar O?rreofr s..wh.t.e Wvd bur us Yd. bke q..lillwl.?rraW 41iGia wt bsYw We.n ae.....u. Y• ??,P.?I.O pt Y...mdry pgery Y l.e.i b. ®uO P WC w.4 a,h, lew b rtgs{ N.MS. V..V h Cetilml U W1 -.? --• WA (exn N/A 69-0688654-1 Aarr ar..ar w.rarr Awldlla ter tw. or.(.vb:s t 60, 000.00 11.540 a 300 Tn ? G,na Q ANN aw.s adtr fty lp Aer..(m.k do,aa. t9) .. N.uv.Y 91 Sandbank Rd Shi ensbur PA 17257 1 tn+o..yaeutrJrtn/agYY.std abdaYwwt/ Yram ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBtRLANn AND COMMONWEALTH OP PENNSYLVANIA BEING MORE FULLY DESCRIBED IN 0000 ew..ae ® o 1. krv hq .Me o .?.. 0 D> ht Co alidatioa ®ar?i 0= El Cmpkte tWo Hoe it moatraetloa a matoaalaapennaame lam. Y pica. IA Veftur lunwvwytu Plcu.di.varw hrJ(..y Cmplete ten Hoe it thk it a tdho Ism Ih Tr tb. awbed.te uo tap.tl arr. DroL Ypam. Der a4.sr A?w. 1978 22,000.00 t 56.000.00 ( Consolidation (.?. ®YNtb,(. ?t.rr.r t+.. grda e.r uaraon a Luce G. Lucille Luce 5."S..Yt Mew Pram wmrt AN Yra>d 20"3. det mYar(Y.6wrq Ap Ysffi 114-28-7659 717 30-9835 7 00 091-24-9605 717 530-98 5 70 00 N.m. QtY.rr(Y.rd?w. ??? a?b .d....( 0" ptYSm.em.Ye.dyr. W a.we.rab 0 ......e..Ara . a 0 hN.a?Ya dg.w ZZM oe sr 23 00 Ns 7a ft rAM.(w .hy.+e.? 0w ar 23 00 Na YS. 91 Sandbank Rd 91 Sandbank Rd Shippensburg, PA 17257 Shippensburg, PA 17257 v.?lagrpr.wsbteue a. L a. yr..o tYeNArwau.q dq..sy? ? or Qar N•ru tisrAaar(Mr. ei/. r.?m7 ED 0.. Dar Ne Y. F. Aat.r(? .ly,. mt Use u(W N.YalhmAmwwr dw.e zxJ a 0.. ON. Ns Ya NwaAdh.av lYY¢ El t,p[YYY/N Y..a JJ NwaAUr.tb*,* M Yb od&).b SSI trayiyr 3/00 Shippensburg High School 26/00 uYN`.t:= 317 N Morris St 00 Shi ensbur PA 17257 00 eeddetarn?Y.ssrw R t1s.d axis iba6LL welN N.Idm/ILVIIy.NF+Y. tamrlir(.wrr . cool[ 717 530-2704 V Wla.? bl MMI YrY(• aY W fd. a. ?... Yrr, l- _ Nwanabr saq(gr s+f?eYlr or(a.e•y NwaANw rBabr -- yN?,r pwlem.y Y..YNINYIY1.?b.ls NaavY.w e [am. Aa.(b.Lwrr ta.Yelawttp.ts.br a..Ye N?,Y,w a taa. p.tl.wa.d NwaAmw a•IYq..t., ?? 0+ala®.w tdNaAaaa.rfh?I.t. (Yr(a.e•w a.Ya..ry.. 1WIeRYY/IyPaf..Y.. f Negtbm t .YIe.RS1YLLwa..t rdaa?tuvga.ram.. NeGat®. t t.dwttwlYJwru 3-a2.. nr Frs. NN C.eNlan X• j : , tr.tw r.r mm,oa, Cs.a.• .J ?M e.,60odQ ? 3/ax ao .-..Sl usNwi h.. (r. p III'1 I 11III? II II I?III 11 11 III II II III EXHIBIT A -a..aaq. aw..wWa4..laMwA.14 W.ww bwrwlwWO.ws ew.o.W bril,w?.,a.. ar(M om. MAIM ai.o. ddtwgw,.wf.or...i.o.w..ya?....ar w,..u ltuw ASSETS Call u Marts Valve u wuw Wtwa.a a. 1la a w.®wrs e a•.6s a.a, aewy ea.kW aaw, a+w4 mow. r eW saran. ae thft . s a mae.aa,wa 2 oar , .ear r war aa., r ~ aa, . w eam.b t 9 0 aoar b r Ww. akr Chad*.A n.YS.naaaAor. t , -AhbMar.We.sgawaatmla.rea.s.7.raa r. y l .o 4&ftw*. PTN. LiADUdTMS r.p a rw? 65aWWws s. l«a Orcm .' fTnIIN s UA W .Wa U.S. BANK M...la wWok. S&L.Cw ,mim Arm 66200153177060001 63.00/95 24,815.00 n'arrmrcrr sraae.. s .w.m y Nrr,seo..<bNr, sat.. CrY tal. a.w m ' ao r.oa,rre?r ftm a A..a m f ,. ., s ue.rrra sa,..zal,. o.u vm •.a.m a..rrr,tco ste A.w.m y am s lwa. r rra.rWvk. fat..00IMm A.a m mwr cw s1aaAloa t w... m y ba•a?asaKaAVaoaArr t A.tm Noa r,ak.a.fCerav taa le.e ra.awlw lr. s s t/lNLa s ar. mr LAO" y ar.rr aar l.amw..a. f 60,000.00 aa.eko4a orr wre..q Arm vrrar.ofwto?11ks1 s Na•r.sar ?cb.?.q sr utr w.watawa.r.lm.f Uaoaaoorotwaooal f a m y rmda...rwrtat s .t.a. m aaaeaatytlaawvt?aww fwla.r. s Olr Aws(Ioaeaq f fal..a o..sr A,Cl 9M Total pymt. seba.laos ®a+.laY.w.dmatm.rl Jl tW Co.6lfrd Total yy.t:. t t.rfwaphn. + 263.00 _ ma.... f 60,000.00 s 35,185.00 nutrkrr• s 24,815.00 tw. m. at utn '? ...11 onm.o: ry.a r. m tma r r skWaa rewda.wrr ar r.n++.t1.+w' N eea a.dY r nar,i otm.,m ubr r. r xrw....mrrrid w!w b awrm v `a.4aq r k+s taawaa v. o,aabf swat eaaniw.aaaw Su®r r smWa.n A.V Cb C.)mv.r,wia w 4w? W.. o0am ?8hao. r gip.Yq W Wl.or l.a?la,0.eaa OY 9.w dv. mx n._ Seheddr of Real PP.r Oared (Irdamoms pyres, me .r w`rb.Yr) __'W.a Rrr•vrra{er rari®1 . Yes w. NrOamaim Sr lim. p{r?a T 91 sandbank Rd Shi easburg, PA 17257 P SFR p 90,000.00 3 f S s m W iw W.,Ar a. r LIYa .k•.W.1. (Wwl rr.r rr wr., r..r., rrwwr we..r u r .._.. m..n.W UrvW. n+.rr.bwr Trr It f0, 000.00 { s S f ! WMJpr.r nrn.eM NYYwdYer p,.rrT'-- nele.4•r Yri.r. ?erkpW v.Aers•a.W a4•wr vwrrlN: Abmra Nre c,.mka Nme Armor Nmba MEN= CSkerwr•Yb•rwlarrr•IL•kM4 leerwr C re,r..w aAarw s pbw w serrr.Ywl pr aPYrYa Y. N. Y. N. a aMeegaerelafr(rrrr.er)? r \B...ya b.rk.rrear.b9r airitlpr7rrvf X X a ll5.40 aRw rm sr Pq.7 We"wee"pr°V" ft X X c r «w 2,490.25 d•d iir aowritl ra 1 pr aMrr.peY r. r.wir pSLL S®. Pw alYsrr4brbrferrmrrrrteyaglrre•airaeeribrrea weld m Y Y.• d lrrirw. r}lpeel (LYr .err hear wr\ br r Os rpgL Yea r .ar 1,100.00 al Yea bLr ipe•ee lee. mor ls. mmsr (reel m rr, q 3 805 65 atlsr. Orel kee{Wm eml r Ir Pr•rea r'Tr,' L r.r Y . 1 IrsrY.Mkr.hdlliYr.asd.lYedlrr.PYA ? oI? a } SYrrrbrr Dore' > V,A rr srmc rq, r ere pktl rdsl L Mrs peeb rbpda rrRSq t ed aN S,ne o INOL m rgarrl.rgaa drYl ooYYyyrrtlI?a eaL rba L m QeM(.0" Prrme?d r'Yr: rkedrlY r4amb4itlW?r X ? Fx1 L MSe eMpdblq Ybq,aRl nrPLrmwr X X t rgprurb.4.esro'rbr•'rrr X X L Anlm,?r?,rbaaodmgv`_.rd.... .,._._.............. _.._............._..?.. X X j. Mpr•VA e0lrr X X t MSS.'oomeewommaw X X aL.eer L bpYrd reerrr{preamarrS.rr{.bwr caret X ? R'7 : i (sees t943 rIf. Paei'e Pwaree0 60,000.00 r amps Per rrrb.. MW. FWhq oe a Ww ra r r wrrlyYeas i. Pep" Yee M New Y-el a] ? ? ? a Lrreoa lyd{ra al 60, 000.00 (D ®L?ied.s7q, rr6e?rkAra?pap(?p'iJOS je?' PR p OrRr•rseer DlReraY raY•Y dibtlee.••rd?brrrrr(A SP RP 0raal.tlaebe0 _ SC rea 2c 11iirefdSeereeae UPL r}by.YnNeper Nr 7b rdmdd wires..rrarmPl4 r 40" m (1) Re ba gear y m .pRer "A In err y • OM mrer{IW.r d wr a Y Pmpoo deeded bmk m tl seprrr eNr berdb q Olrur{r•reYd pyres aaa DI u rrerr mar im yp1l.Nrrr r tl0•gwdaYrHa tl =by b r Lades Y W yrrears• dtlpa.V•01 denrr4YearWa'Mr'see(A. . rMAP rir rpmaYfrsq, rfiY.mdq g rsLeasereke®k3 kM Y*b4r ggYtllirYS• d tr asifterWW?lrOW sAd26 rd roar. r mR m mf Wales .N b .ard y b Lrsr, w r Y Yr Y r Garret W F. Lace, in qry meeer r mYr MR rb a Me Ihrr emir i b ase.rar va bees • eaYry aepdr r red{ rb easira tl i4e0a peW r m aeirr? r q dtl mud.l D4..driwea aforrrd cal.r.rrw L .YN mar mitl mm Wgfbsdre r.lrrrim.ewrim•®e+yom. reLrkr.r wa rkmm rmue. mq. a rrl eretr owes r aerdYa +s+r glee ooi(o errs Ydirr •adY rlyd{ ass W e..esb dtllr q b arrrd r a r ere dtl Lrtl rr.r red r r rb tl •brrrad Y L rW el r arsrer r r arL ear r eP db lode N?pdr mrirrw WtlLars tape.r..seerr.ia, draCCrmgErgBrm??rLD}e?rppa..r?rr77RiY?{, yam rJhLpyiy,1r•7b(?RM7 mrUjl.Ap[f0(?[y7rf.(gp %bmrda dal P.eb.rrerYedtlrmav. asrW YrG w?rdr GRei.rT?rdYr?riiTir?-4?PIr e?Isr dpoQ4 {S?pYWsr b.glelar Vllr r.db m tl IrRrfr ser+p Mm- edrwda oe girrlr a sa4r rr..emd wdee Yliwbft i b06 wawm q rW b" erofr rum•®1 pri. LOrLIb,birResr. r aydr?marrrrvlrtl pwA*.a7%, IR uddfbr Ode, Swir==l asy r SL1d0 rearrgdee er tl Isis, b P. wee r r!br Yew r q a` po w ?r rear q>_ Y r wirer kpr q.brra.••erra•W ae bbersm RORRaNm. Reedmmw m [YSaiYmeW mYmeda ' e 0110. AWIimebd > F ift rrr N r B XYpre a?ri Rlanie 0ea(.pd01 7rbeepw"%, ewb 7fY rr.Y.eer. ew+sm Y•sYr yoW y m,kar OO?Oaa MWapd ? ?Hiksari 0.rr IderMJrleralremieral. AmalwlWrae A.rer S.eW NYYard, Able Nrb W i ? r w e r RYOr•Y vier 8 q.pdk.die 1Rrpr w Op w ee rw wed rep) W. r Am.edbaelee.re Ras Or .chik 03/03/2000 ceaeeoe ri{ . Coneuwr Discount caepany ?er 3401 Nart2dalm Drive suit. lies Camp Hill. PA 17011 f1.rY e•c Ibm u wxi erd.ff.r F.r IWf 1{,Tl ? ...SS mrara >rs•r. 1b rb.iy Yeeeda Y rare y 6 Irrel Oaeee b rraY Gar d Yr red r • der0a. r mir b re tl ImYh '(peer. m beds r bee eraae`ed r.a Tr N r realel Y send lY Ydely V M aerrfd b d r Dr red ek?r esr 41 ern prlr oa • Lrrrr ev 'dark 4bdsdr. a tl e.dr d m Ybierbr. eR a Nee >v do r edr t Bvwee, r74 ?. r r err Y, red M1reu rrarlw er' Ippr b eTr r err s r e s tl IrrY d.Irr drverOr r ®a rIa ar rl?r brYY tl reeve Ydrrba per red tlsa rie.Oslarr a.lw, YeYwewrrbewY tl dYtlarreep•Rrquror r.alatl Ladrb relrrr •,'sO..reep Yebd.peWeOpdYe sir W • 0 wer.?n..afs.vA mfa w.vo..wrr fd°..r.r.sW.b GOId R E LUCG D.NsW s ARilrtla Ib1t DDe D.C.ref et 4DSws Iml.Ca H.m4C aD/.Af. G. Lucille Luce 69-0688654-1 Total Printed Assets: vw. W ?. w ¢ r. Pa.r fr.ed.r. be. r ?mLd. f sr r r..Ify eW m/ er.rs?...r.dsq ra.?r..O.r. rM.?r rea.wwwf. fin. ?ti uerar o.., ra.im?.. w / 1 rJ e.DD. a. n.. u ian e..r r.. po iom as • . App#: 0( 33043 Addendum to the 1003 if a loan is made by Lender, in addition to authorizing Lender to verify and reverify information contained in the application at any time, whether directly or through a credit reporting agency, I further authorize Lender to use the information obtained for other purposes, including selecting me for offers of other products that are offered by Lender or by Leader's affiliates. 111221 ARA COR Search and Abstract Services, Inc. One Penn Center, 1617.1.F.K. Boulevard, Suite 305 Philadelphia, Pennsylvania 19103 (215) 496-0900 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 11/13/2001 Order Number: A55859 Client Number: 01-0525 Premises: 91 SANDBANK ROAD, TOWNSHIP OF SOUTHAMPTON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT "CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North b the . aforesaid public road. EXHIBIT 11 CONTAINING one hundred fifty (150) rods, more or less. 11 B ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 A TACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Gordon E. Luce and G. Lucille Luce, his wife by Deed from Harry E. McElwee and Diane P. McElwee, his wife dated 2/21/78 and recorded 3/3/78 in Deed Book Volume 27-R page 213. Subject to the encumbrances and claims as follows: TAXES: Receipts for Township, County and School Taxes for the years 1998 to 2000, inclusive. Township, County and School Taxes for current year 2001. (Payment should be verified) Assessment $55,150.00 (Tax Parcel # 13-0106-079) WATER AND SEWER RENTS: Receipts for Water and Sewer Rents for the years 1998 to 2000. Water and Sewer Rents for current year 2001. (Payment should be verified) MECHANICS AND MUNICIPAL CLAIMS: None MORTGAGES: 1. $60,000.00 - JUDGMENTS: None BANKRUPTCIES: None Gordon E. Luce and G. Lucille Luce, husband and wife To: Conseco Consumer Discount Company Dated: 3/22/2000 Recorded: 3/27/2000 Mortgage Book 1602 Page 352 Mortgagee's Addr: 3401 Hartzdale Dr, Ste. 118, Camp Hill, PA 17011 - 3 - ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 REQUIREMENTS/EXCEPTIONS: 1. Possible additional assessment for taxes on any new construction or major improvement to premises. 2. IMPORTANT NOTICE: Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the County, and the Commonwealth of Pennsylvania, Department of Welfare. 3. Subject to any and all recorded Rights, Restrictions, Easements, Covenants, etc., that may appear of record. GP/JC -4- PENNSYLVANIA DEPARTMENT OF REVENUE JUNE 2001 REALTY TRANSFER TAX 2000 COMMON LEVEL RATIO REAL ESTATE VALUATION FACTORS The following real estate valuation factors are based on sales data compiled by the State Tax Equalization Board in 2000. These factors are the mathematical reciprocals of the actual common level ratio. For Pennsylvania Realty Transfer Tax purposes, these factors are applicable for documents accepted from July 1, 2001 to June 30, 2002, except as indicated below. The date of acceptance of a document is rebuttably presumed to be its date of execution, that is, the date specified in the body of the document as the date of the instrument (61 Pa. Code § 91.102). COMMON COMMON COMMON LEVEL LEVEL LEVEL COUNTY RATIO FACTOR COUNTY RATIO FACTOR COUNTY RATIO FACTOR Adams 2.60 Elk 5.44 Montour 10.64 *Allegheny 1.00 Erie 12.20 Northampton 2.11 Armstrong 2.30 **Fayette 3.33 ** Northumberland 7.35 Beaver 2.85 Forest 4.08 * Perry 1.00 **Bedford 4.27 **Franklin 5.80 Philadelphia 3.48 Berks 1.06 Fulton 6.80 Pike 3.46 Blair 9.90 Greene 3.83 Potter 9.26 Bradford 2.17 Huntingdon 5.71 Schuylkill 2.17 Bucks 24.39 Indiana 6.67 Snyder 5.53 Butler 8.48 Jefferson 5.16 Somerset 2.23 Cambria 5.75 Juniata 7.58 Sullivan 4.13 Cameron 2.49 Lackawanna 4.79 Susquehanna 2.11 *Carbon 2.00 Lancaster 1.09 Tioga 3.18 Centre 2.39 Lawrence 6.02 Union 5.59 Chester 1.17 Lebanon 10.99 * Venango 1.00 Clarion 4.79 Lehigh 2.12 Warren 2.69 Clearfield 4.46 Luzerne 12.99 Washington 5.65 Clinton 3.37 Lycoming 1.44 Wayne 11.36 Columbia 2.81 McKean 4.20 Westmoreland 4.33 Crawford 2.82 Mercer 10.87 Wyoming 3.55 *Cumberland 1.00 Mifflin 1.89 York 1.09 Dauphin 1.85 Monroe 4.41 Delaware 1.03 Montgomery 1.12 * Adjusted by the Department of Revenue to reflect assessment base change effective January 1, 2001. **Adjusted by the Department of Revenue to reflect assessment ratio change effective January 1, 2001. EXHIBIT C COMROE RING LLP Attorney for Plaintiff BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff NO. 2002-1458 VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. CERTIFICATE OF SERVICE I, Blair Kalish Adler, Esquire, hereby certify that I caused a true and correct copy of Plaintiff Conseco Consumer Discount Company's Reply to Defendants New Matter, via first class mail, postage prepaid, upon the following counsel of record: James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 COMROE HING LLP BY: j ) Blair Kalish Adler, Esquire Dated: }_, 2002 u: -J._. Li G « U N COMROE HING LLP BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. AND NOW, this day of Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-1458 ORDER , 2002, upon consideration of Plaintiff's Motion for Summary Judgment and any response thereto, it is hereby: ORDERED and DECREED that Plaintiff's Motion for Summary Judgment is GRANTED, that judgment be and is hereby entered in favor of Plaintiff and against Defendants and that Plaintiff is allowed to proceed to assessment of damages, Sheriff's Sale and Ejectment, if necessary, on the premises located at 91 Sandbank Road, Shippensburg, Pennsylvania 17257. BY THE COURT: J. COMROE HING LLP Attorney for Plaintiff BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff NO. 2002-1458 VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. PLAINTIFF CONSECO CONSUMER DISCOUNT COMPANY'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Conseco Consumer Discount Company c/o Conseco Finance Corporation (hereinafter "Plaintiff'), by and through its attorneys, Comroe Hing LLP, respectfully requests that Your Honorable Court enter an Order granting its Motion for Summary Judgment against Defendants Gordon E. Luce and Gertrude Luce a/k/a Lucille Luce (hereinafter "Defendants") in the above captioned matter and, in support thereof, avers the following: The instant action is an action in Mortgage Foreclosure commenced by Plaintiff on or about March 25, 2002. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of Defendant's Answer and New Matter to Plaintiffs Complaint in Mortgage Foreclosure. Attached hereto and made a part hereof as Exhibit "C" is a true and correct copy of Plaintiff's Reply to Defendant's New Matter. 2. Defendants admit that they are the real and record owners of the premises subject to Plaintiff s mortgage known as 91 Sandbank Road, Shippensburg, Pennsylvania 17257. Attached hereto and made a part hereof as Exhibit "D" is a true and correct copy of said Mortgage. 3. Defendants admit that monthly installments of principal and interest are unpaid by them, however, they deny defaulting on their mortgage. Attached hereto and made a part hereof as Exhibit "E" is the entire payment history of the subject loan. After review, it is clear that the Defendants remain due for the monthly mortgage payment of July 1, 2001, to date a period of over twelve (12) months. 4. Defendants have raised various alleged defenses in their New Matter, all of which are of no moment and should not serve to distract the Court from their defaults under the Mortgage. 5. Defendants aver that because they allegedly do not have the financial ability to make the monthly mortgage payments, this inability should not only excuse their default under the mortgage but should also excuse their obligations under the mortgage altogether. Defendants are not only mistaken as to the facts, but have failed to state a legal defense as well. 6. Initially, Defendants allege that Defendant Gordon E. Luce had an annual income of $2,132.00 and would have been unable to afford the monthly mortgage payments. However, contrary to Defendants' allegations, attached hereto and made a part hereof as Exhibit "F" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gordon E. Luce's gross monthly income as $567.50, which amounts to an approximate gross annual income of $6,810.00. 7. Defendants further allege that Defendant Gertrude Luce had a monthly gross income of $875.00 and would have been unable to afford the monthly mortgage payments. However, again contrary to Defendants' allegations, attached hereto and made a part hereof as Exhibit "F" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gertrude Luce's gross monthly income as $1,280.50, which amounts to an approximate gross annual income of $15,366.00. 8. If Defendants were financially unable to make monthly mortgage payments when the loan was originated, as Defendants suggest, Defendants would not have been able to make approximately sixteen (16) regular mortgage payments prior to their default. See Payment History attached as Exhibit "E". 9. Defendants also suggest that Plaintiff made this loan to Defendants in excess of the value of the property. This allegation is unsubstantiated by Defendants and is another baseless diversion from Defendants' default under the mortgage. 10. Defendants allege that BK Real Estate Appraisals valued the subject property at $60,000.00, and contrast this report with one from Express Financial Services which, Defendants assert listed the value of the property as $1,660.00. Defendants then divided the value of the property by a purported Common Level Ratio Factor of .063 which, Defendants assert, produced an estimated market value of $26,349.21. 11. Plaintiff is unsure as to the validity of Defendants' method upon which they have calculated their estimated market value of the premises. Attached hereto and made a part hereof as Exhibit "G" is a true and correct copy of the Title Report which indicates an Assessed value of $55,150.00. Furthermore, Defendants incorrectly allege that the Cumberland County Common Level Ratio factor is .063, when, in fact the Common Level Ratio factor for Cumberland County was listed as 1.00 for the year of 2000. All of the Pennsylvania counties have been based on a 1.0 scale for quite some time. Attached hereto and made a part hereof as Exhibit "H" is a true and correct copy of the Pennsylvania Department of Revenue Realty Transfer Tax 2000 Common Level Ratio Real Estate Valuation Factors. 12. Accordingly, there is not a "huge" discrepancy between appraised values as Defendants suggest and Plaintiff specifically denies that it made "a loan to Defendant far in excess of the value of the subject property." 13. Defendants also allege that the property subject to mortgage suffered damage from a severe storm and sustained further damage when their neighbor allegedly destroyed their septic system. Plaintiff is simply not responsible and/or liable over to Defendants for acts of God and acts of third parties which may or may not be covered by Defendants' home owners insurance policy. These allegations are not defenses to Defendants defaults under the mortgage and are made solely to delay this matter. 14. As there are no material issues of disputed fact, summary judgment is proper. WHEREFORE, Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation respectfully requests your Honorable Court to enter a judgment in rem in its favor and against the Defendants in the sum of $70,901.40 plus interest and late charges at the contract rate to date of judgment as set forth in Plaintiff's Complaint in Mortgage Foreclosure and costs, both of suit and as set forth in Plaintiff's Complaint in Mortgage Foreclosure and for foreclosure sale of the mortgaged premises. Respectfully submitted, COMROE HING LLP BY: E Id 0/ BLAIR KALISH ADLER, ESQUIRE Attorney for Plaintiff Conseco Consumer Discount Company COMROE HING LLP Attorney for Plaintiff BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff NO. 2002-1458 VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. PLAINTIFF CONSECO CONSUMER DISCOUNT COMPANY'S MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 1. Introduction The instant action is before the Court on Plaintiff s Complaint in Mortgage Foreclosure commenced by Plaintiff on or about March 25, 2002. Plaintiff is Conseco Consumer Discount Company c/o Conseco Finance Corporation ("Plaintiff') and Defendants are Gordon E. Luce and Gertrude Luce a/k/a Lucille Luce ("Defendants") who executed and delivered a Mortgage upon property known as 91 Sandbank Road, Shippensburg, Pennsylvania 17257. In an attempt to delay this matter, Defendants have filed an Answer and New Matter to Plaintiffs Complaint which has now given rise to Plaintiff s Motion For Summary Judgment. II. Defendants Have Defaulted On the Mortgage and Are Liable to Plaintiff Defendants admit that monthly installments of principal and interest are unpaid by them, however, they deny defaulting on their mortgage. Attached hereto and made a part hereof as Exhibit "E" is the entire payment history regarding this loan, which indicates that Defendants have defaulted on the mortgage and remain due for the monthly mortgage payment of July 1, 2001, to date a period of over twelve (12) months. III. Defendants' New Matter is Baseless in Fact and Law and Does Not Set Forth An Valid Defenses to the Foreclosure Action Defendants have raised various alleged defenses in their New Matter, all of which are of no moment and should not serve to distract the Court from their defaults under the Mortgage. Initially, Defendants aver that because they allegedly do not have the financial ability to make the monthly mortgage payments, this inability should not only excuse their default under the mortgage but should also excuse their obligations under the mortgage altogether. Defendants are not only mistaken as to the facts, but have failed to state a legal defense as well. Defendants allege that Defendant Gordon E. Luce had an annual income of $2,132.00 and would have been unable to afford the monthly mortgage payments. However, contrary to Defendants' allegations, attached hereto as Exhibit "F" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gordon E. Luce's gross monthly income as $567.50, which amounts to an approximate gross annual income of $6,810.00. Defendants further allege that Defendant Gertrude Luce had a monthly gross income of $875.00 and would have been unable to afford the monthly mortgage payments. However, again contrary to Defendants' allegations, attached hereto as Exhibit "F" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gertrude Luce's gross monthly income as $1,280.50, which amounts to an approximate gross annual income of $15,366.00. If Defendants were financially unable to make monthly mortgage payments when the loan was originated, as Defendants suggest, Defendants would not have been able to make approximately sixteen (16) regular mortgage payments prior to their default. See Payment History attached as Exhibit "E". Defendants also suggest that Plaintiff made this loan to Defendants in excess of the value of the property. This allegation is unsubstantiated by Defendants and is another baseless diversion from Defendants' default under the mortgage. Defendants allege that BK Real Estate Appraisals valued the subject property at $60,000.00, and contrast this report with one from Express Financial Services which, Defendants assert listed the value of the property as $1,660.00. Defendants then divided the value of the property by a purported Common Level Ratio Factor of .063 which, Defendants assert, produced an estimated market value of $26,349.21. Plaintiff is unsure as to the validity of Defendants' method upon which they have calculated their estimated market value of the premises. Attached as Exhibit "F" is a true and correct copy of the Title Report which indicates an Assessed value of $55,150.00. Furthermore, Defendants incorrectly allege that the Cumberland County Common Level Ratio factor is .063, when, in fact the Common Level Ratio factor for Cumberland County was listed as 1.00 for the year of 2000. All of the Pennsylvania counties have been based on a 1.0 scale for quite some time. Attached as Exhibit "G" is a true and correct copy of the Pennsylvania Department of Revenue Realty Transfer Tax 2000 Common Level Ratio Real Estate Valuation Factors. Accordingly, there is not a "huge" discrepancy between appraised values as Defendants suggest and Plaintiff specifically denies that it made "a loan to Defendant far in excess of the value of the subject property." Finally, Defendants also allege that the property subject to mortgage suffered damage from a severe storm and sustained further damage when their neighbor allegedly destroyed their septic system. Plaintiff is simply not responsible and/or liable over to Defendants for acts of God and acts of third parties which may or may not be covered by Defendants' home owners insurance policy. These allegations are not defenses to Defendants defaults under the mortgage and are made solely to delay this matter. IV. Procedural Standard For Summary Judgment A Motion for Summary Judgment may properly be granted "If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the Affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Pa.R.C.P. 1035(b); Fleet Real Estate Funding Corp. v. Smith, 366 Pa. Super. 116, 530 A.2d 919 (1987). See also Washington Federal Savings & Loan Association v. Stein, 357 Pa. Super 286, , 515 A.2d 980, 981 (1986); Rybas v. Wapner, 311 Pa. Super. 50, 54, 457 A.2d 108, 109 (1983). V. Conclusion For the above reasons, Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation respectfully requests that Your Honorable Court grant its Motion for Summary Judgment against Defendants Gordon E. Luce and Gertrude Luce a/k/a Lucille Luce, allowing Plaintiff to foreclose on the Mortgage covering 91 Sandbank Road, Shippensburg, Pennsylvania 17257, and allow Plaintiff to proceed to assessment of damages, Sheriff's Sale and ejectment, if necessary, on said premises. Respectfully submitted, COMROE RING, LLP BY: A L^ h Blair Kalish Adler, Esquire Attorney for Plaintiff VERIFICATION I, Blair Kalish Adler, Esquire, attorney for Plaintiff herein, having express authorization to enter into this verification, verify the foregoing Motion for Summary Judgment and Memorandum In Support thereof and aver that the statements of fact therein contained are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. AL- wv BLAIR KALISH ADLER, ESQUIRE j? Comroe Hing LLP By: David B. Comro 1608 Walnut nPA Philadelphia (215)568-04 Attorney f eco 10 Dis 300 /o nse inance Corporation 7 0% . K rene Road, MSD F reclos e Unit Te e, A 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 and Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants Term No .pa CIVIL ACTION:-FORECLOSURE - COMPLAINT ................................... . c-, C'•?+ -rt w. J 7- -ri in v N 0 T I C E 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 the 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 LEGAL HELP. EXHIBIT THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY A INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE A V I S 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO'QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. THIS IS A PROCESS THE 2 WHICH IS O COLLECT A DEBT OANDOANy INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. NOTICE The amount of your debt is as stated in the attached document The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part Also, upon your written request within the 30 day period, we will provide you with the name and address of,the original creditor if different from the current creditor. If you notify as in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required - and mail it to you. Once we have mailed to you the required information, we will then' continue the collection of your. debt This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103-5446 (215) 568-0400 (215) 568-5560 FAX WWW.COMROEHING.COMc111 TIYIS IS A PROCESS TH p`ti*RPO SE Cs WI•I cp I s TO COLLECT A DEBT AtaL= LlviGC+k'.f?aT,.ONOBTAINED FROM, VOIJOR [ MYONE USE WILL.Be USED TO THAT El's.- 1. Plaintiff is Conseco Consumer Discount Company, with its principal offices at c/o Conseco Finance Corporation, 7360 S. Kyrene Road, MSD Foreclosure Unit, Tempe, AZ 85282. 2. Defendants are Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce, with an address as set forth above. 3. On March 22, 2000 Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce executed and delivered a Mortgage upon premises hereinafter described to Conseco Consumer Discount Company, which mortgage was recorded in the Department of Record at CUMBERLAND County, Pennsylvania in Mortgage Book 1602, at page 352 on March 27, 2000. 4. This mortgage has not been assigned. 5. The premises subject to said Mortgage are known as 91 Sandbank Road, Shippensburg, PA 17257 and are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 6. The Defendants are the record and'real owners of the said real estate subject to the Mortgage. 7. The said Mortgage is in default by reason of the fact that the monthly installments of principal and interest as due on July 21 2001, and as due on the second day of each month thereafter are still due and owing and have not been paid; and by the terms of the said Mortgage, upon failure to make such payments when due, the whole of the principal balance and all interest due thereon, together with late charges and other recoverable sums and attorney's fee are now due and payable forthwith. 3 8. The monthly installment payment composed of principal and interest due under the terms of said Mortgage and Mortgage Note for each such month was FIVE HUNDRED EIGHTY SIX DOLLARS AND 56 CENTS ($586.56). 9. The following amounts are therefore due and owing on said Mortgage: (a) Principal Debt (b) Late Charges at $58.66 per month from 07/02/2001 to 03/19/2002. (c) Interest from 06/02/2001 through 03/19/2002 at $18.15 per diem. (d) Total Escrow Deficit to date. (e) Reasonable Attorney's fees as in the above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report (g) Court Filing Charges (h) Uncollected Late Charge(s) (i) Escrow Credit TOTAL AMOUNT DUE $59,609.69 $469.28 $5,281.02 $0.0.0 $2,980.48 $335.00 $115.50 $2,110.42 $0.00 $70,901.40 In addition, interest at the rate of $18.15 per day on the unpaid principal balance will continue to accrue until the default is resolved. Any payments which are allowable under the mortgage document and are necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged property together with fire or homeowners insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect 4 the property from waste or vandalism shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 10. Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly the Combined Act 6/91 Notice was sent to the Defendants by Certified Mail, Return Receipt Requested and by regular First Class Mail. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of said Notices and same are incorporated by reference herein as though fully set forth at length. WHEREFORE, Plaintiff prays judgment against Defendants in the sum of $70,901.40 plus interest and late charges at the contract rate to date of Judgment as set forth above and costs, both of suit and as set forth above, and for foreclosure and sale of the mortgaged premises. DATED: March 19, 2002 Respectfully submitted, ` Comroe Hing LLP By. David B. Comroe, Esquire SupremeCourtI.D. 25694 Attorneys for Plaintiff 5 VERIFICATION for Plaintiff, having express authorization to enter into this verification verifies the foregoing Complaint in Mortgage Foreclosure and avers that the statements of fact therein contained are made subject to- the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. 6 DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT `:CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, ' Pennsylvania, along public road, Township Route 317, being also known as the road leading froth Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the ' aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less... EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah -A. Davidson, his wife. Tax Parcel # 13-0106-079 Cbmyv,b Pennsylvania CONSECO FINANCE $ERVICINC CORP. 736o $ Kyrene RoadAet 91 Notice Tempe, Arizona 85183-4583 888-315-8733 GORDON LUCE 91 SANDBANK RD SHIPPENSBURG. PA 17257 9- CONSECO. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 10, 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 in attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICION EN AD7UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONI'ENIDO 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 FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. CONS ECO. CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85z83-4583 888-3 15-873 3 Date: 9110101 TO: GORDON LUCE 91 SANDBANK RD SHIPPENSBURG, PA 17257 1323 3356 FROM: Conseco Finance Consumer Discount Company Loan No.: 6906886541 Mortgaged Premises: 91 SANDBANK RD SHIPPENBURG, PA 17257 114287659 YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.' TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice.. THIS MEETING MUST OCCUR WITHIN 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 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 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. 736o S Kyrene Road AGENCY ACTION --- AVat` aid }?unN a8 8c mortgage assistance are very li ited. m They will be disbursed by the Agency '4 8 under the eligibility criteria established by a Ac a Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD 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: 91 SANDBANK RD, SHIPPENBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:7/2101- $586.56, 8/VO1-5586.56, 9/2/01-5586.56. Other charges (explain/itemize): NSF Fee : $0.00, Late Charges :S234.60. TOTAL AMOUNTS PAST DUE: 51994.28. 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 5199428, 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 Kyrene Rd Te=e 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 Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against You, you will still be required to pay the reasonable attorney's fees 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 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. MS. CONSECO. CONSECO FINANCE SERVICING CORP. " 736o S Kyrene Road RIGHT TO CURE THE DE?°A'?E1;tjj1-F'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings ave n, u still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the. Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a 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: Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6021333-6000 Fax Number: 6021333-6460 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or _X may not (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 INSTTTUTED 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 R CONSECO. Pennsylvania CONSECO FINANCE SERVICING CORP. 7360 S Kyrene RoadAet 91 Notice Tempe, Arizona 85183-4583 888-315-8733 G LULU I F LUCE 91 SANDBANK RD SHIPPENSBURG,PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE September 10, 2001 This is an official notice that the mortgage on your home is in default, and the lenda 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 ADILTNTO 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 NUMERO MENCIONADO ARRMA. 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. 9- CONS EC 0. CONSECO FINANCE SERVICING CORP. 736o S Kyrene Road Tempe, Arizona 85183-4583 888-315.8733 Date: 9/10/01 TO: G LUCILLE LUCE Loan No.: 6906886541 91 SANDBANK RD Mortgaged Premises: 91 SANDBANK RD SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 1323 3349 091249605 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 "ACI71, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 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 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. 9- CONSECOO CONSECO FINANCE SERVICING CORP. 7360 S Kyrene Road AGENCY ACTION -- AvIWd r1NW WR ,i mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by a Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD 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: 91 SANDBANK RD, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:7/2/01- $586.56 , 812/01-$586.56, 9/2101-5586.56. Other charges (explain/itemize): NSF Fee : $0.00, Late Charges $234.60. TOTAL AMOUNTS PAST DUE: $199428. 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 $199428, 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 Krone 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 ba 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the 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. 7360 S Kyrene Road RIGHT TO CURE THE DEWftj'ffl S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings 2vc gun, ou still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgager to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately one month from the date of this Notice. A notice of the actual date of the 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. Conseco Finance Consumer Discount Company Address: 7360 So Kyrene Road, Tempe, Arizona 85253 Phone Number: 6071333-6000 Fax Number. 6021333-6460 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or _X_may not (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 TINES 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 PROTECT'ON UNDER THE FEDERAL BANKRUPTCY LAW. Enclosures: Pennsylvania Consumer Credit Counseling Agency List cc: Customer File CONSECO CONSUMER DISCOUNT COMPANY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1458 CIVIL TERM GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE, aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: Conseco Consumer Discount Company C/o David B. Comroe, Esquire Comroe Hing, LLP 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES o a ' Date i EXHIBIT 1 B M. Robinson, Esquire C'grlisle, PA 17013 (717) 245-9688 Attorney for the Defendant TRUE COPY FROM RECORD moony wner€af, I here unto set my hand the seal a' said Court at Carlisle. Pa. day o? oa ?- ,de? prothonotary CONSECO CONSUMER DISCOUNT : : IN THE COURT CUMBERLAND COUNTY, COMMON PLEAS OF COMPANY PENNSYLVANIA Plaintiff V. : NO. 2002-1458 CIVIL TERM ' GORDON E. LUCE & GERTRUDE : CIVIL ACTION - LAW LUCE, aka G. LUCILLE LUCE, Defendant : MORTGAGE FORECLOSURE ANSWER AND NEW !MATTER Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce. ("Luce"), by and through their attorneys, Turo Law Offices, respectfully submits the following answer and new matter in response to the Complaint filed by the Defendant, Conseco Consumer Discount Company ("Conseco"). ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that monthly installments of principal and interest are unpaid by Defendant. It is denied that Defendant is in default or that any amounts are now due and payable. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that the amounts listed in this averment are reflected as owing according to Plaintiffs records. It is denied that such amounts are actually owed by Defendant and proof of same is demanded at trial. 10. Admitted. NEW MATTER 11. On March 22, 2000 when the subject mortgage loan was originated, Defendants were financially unable to pay the original monthly payments of $611.64. 12. On December 14, 2000, when Plaintiff and Defendants executed an Amendment to Mortgage which reduced the payment from $611.64 per month to $586.56 per month, Defendants did not have the financial ability to make the amended monthly payments. 13. Plaintiffs internal leads report dated February 29, 2000 (See Exhibit "A" attached hereto) stated that Defendant Gordon E. Luce was 71 years of age, his employer was "N/A" and "Annual Income: $2,132." 14. A financial summary sheet (See Exhibit "B" attached hereto) partially completed by Plaintiff indicated that Defendant Gertrude Luce was approximately 70 years of age and had a monthly gross income of $875. 15. The Plaintiff knew, or should have known, that Defendants would be unable to pay the original required monthly payments of $611.64 or the payments required by the amendment of $586.56 as they came due. 16. In November 2001, Defendants submitted an application to the Pennsylvania Housing Finance Agency ("PHFA") Homeowners' Emergency Mortgage Assistance Program, which application was acknowledged in the Agency's letter dated November 21, 2001 (See Exhibit "C" attached hereto). 17. Defendant's application to PHFA was denied. In its letter dated January 4, 2002 (See Exhibit "D" attached hereto), PHFA stated that it denied Defendant's request because there was "No reasonable prospect of mortgagor resuming full mortgage payments within twenty-four (24) months and paying mortgage(s) by maturity based on: Mortgagor's income has been insufficient to maintain mortgage for the past two (2) years. Based on applicant's federal tax returns for 1997-1999." 18. The Defendants remain financially unable to pay the subject mortgage loan current or to make the required monthly payments as agreed. 19. On March 14, 2000, Betty J. Kauffman of BK Real Estate Appraisals performed an appraisal of the subject property which estimated the property value to be $60,000. 20. On a report provided to Plaintiff by Express Financial Services for a search performed as of March 1, 2000 (See Exhibit "E" attached hereto), the assessed value of the property is listed as $1,660, which, when divided by the Common Level Ratio of .063, produces an estimated market value of $26,349.21. 21. Plaintiff did not investigate, nor did it have anyone else investigate, the huge discrepancy between the appraised value of the property reported by Betty J. Kauffman and the assessment of the property reported by Express Financial Services. 22. The Plaintiff knew, or should have known, that it was making a loan to Defendant far in excess of the value of the subject property. 23. The original principal balance of this loan equaled one hundred percent (100%) of the value of the property as determined by Ms. Kauffman. 24. The current assessed value of the subject property, as determined in the 2001 tax reassessment wherein all properties in Cumberland County were assessed at their estimated market value, indicates a value of $44,140, which is significantly less than the balance on the mortgage loan and the appraised value as determined by Ms. Kauffman. 25. In September 1999, flooding caused by a severe storm caused significant damage to the subject property, destroying many of the house's internal systems, such as the furnace and water, which systems were replaced only with the help of a government grant issued for that purpose. 26. In March 2001, while clearing ground upon which to install a road to newly subdivided property, a neighbor destroyed Defendant's septic system, making the subject property unsalable. This damage has not yet been fixed due to the Defendant's present financial condition. WHEREFORE, for all the reasons set forth above, the Defendants, Gordon E. Luce and Gertrude Luce, aka G. Lucille Luce, request this Honorable Court to dismiss the Plaintiffs Complaint. 44oa Date Respectfully Submitted TURO LAW OFFICES Ja s M. Ro nson, Esquire 2 outh Pitt treet Carlisle, PA 17013 (717) 245-9688 Attorney for the Defendant ? X I_t ! ??! ? ??H BORROWER: NAME C-0 "V\ L V C r ADDRESS CITY STATE HOW LONG Z 3 HOME PHONE SS# DOB PERVIOUS ADDRESS (if less than 2 years) ADDRESS CITY STATE CO-BORRCR NAME C , R ?Q DE ADDRESS ZIP CITY HOW LONG HOME PHONE SS#04(-Z`(- ?tGo? ADDRESS CITY ZIP STATE ZIP DOB (?33a136 STATE ZIP EMPLOYMENT SS?? N EMPLOYER Gars. {?c.(?? '?z13 ADDRESS CITY STATE ZIP WORK PHONE POSITION TIME AT JOB MONTHLY GROSS INCOME PREVIOUS EMPLOY (if less than 2 years) EMPLOYER POSITION TIME AT JOB MORTGAGE INFO I sr MORTGAGE CO.? X BALANCE 3f. oo0 PAYMENT 2.8 L - TERM Pju(ICV• INTEREST RATE 10 ' I' ESCROW? /, EST. VALUE DF HOME J O , c7cro TYPE OF HOME 2 5-?o PURCHASE PRICE Z 2 pvo EMPLOYMENT S? Y3G EMPLOYER 5A 7 ADDRESS CITY STATE ZIP WORK PHONE POSITION D(54L,4ALl-t TIME AT JOB Z MONTHLY GROSS INCOME cg 75 EMPLOYER POSITION TIME AT JOB S R ? 2ND MORTGAGE CO. ( ?1A /0 BALANCE Z-JoCO /// PAYMENT 2 I& TERM j v INTEREST RATE (1- 17, DEBTS TO BE PAID 584 Low., 700a Y'G U 5 . ( 100 5fc?(r doe Ext-1i6lT "8A Pennsylvania Housing Finance Agency Homeowuen' Bnieraenct• ,Mom=s Asrvrmncc Loan PMrim GORDON LUCE. 91 SM= BANA RD SHIPPERSBURG, FA 1-7257 Dear homeowner: The POMAT194a1s :Housi.ag ?inance._ 1usma-Z1!! Penh Fraatsn:a. r.o-&v13_76 MArp& .rg,PACICJ-5206 Cortrrawedtoc?• 2101 Ar' ikFmr,.S,„t, P.O. &A 1553a 35o =M". PA 17.CZ-5330 (.1J?; iSV-3D10.'?!43Ji-SJ4. PAX(11717#24 95 ' YSN)l Par Nmri?6ula?t°?:?!M.?7Y4.Jdd9 111211o-1 zoztgage:.aaeistaare we will. process t s application quickly as possible. rf your are contacted by either the counseling agency or us to'provids additYsoal information; please do so in a., timely m&r"r• As part of our review, we Ivil3' to determining your ability to resume gull m0 tgago ImYments. based on your curreAt. income, YOU say be required A pay all or a' portion:of your `monthly: payment.:: You will be notified of these amounts :in writing it your loan is approved. Please 'note that. It you'..Riave Indicated.:an..your. :application that. you.. are. currently able to. resume full mortgace payaentc, if you have specified a data for resumption of full payments or indicated an mount you* ,will pay tovarda the total monthly obligation; you shoui`d.:3aalor full::,or partial :payments directly to iou= bank. It your beak refuses to accept --'these' payments you :should open it -savinsts account and deposit the ;stated" axiounts • into this account immediately. Upon opening this -account, please infom the •.Komeovner'a Emergency Mortgage Assistance Program of the savings itVijtUtion and account. number. - This is very important:.. Your loan application will be evaluated ^ iatcrastioxa: avrplrArl .;.E. }auF -opp;lcaoa xis "Abo ' xppta5red :asid tunAa::yau staked vertu to be avails 1 at the -xme 4i loan closing are not ave.ilable,.:it may adversely 'affect the loan decision. In other words, the-loan-approval may be witbdra++n. If thee: ciraumstannos regarding your financial- ability to, pay the &w.uoto tstated on the. application should change it :is vogr re Ionaibll.M' to AOtify us of =this: :change.. Mn fah; you should corny us of. any changes regarding the information presented" In the application. Than you for your cooperation in this matron and, beat wishes In a speedy resolution to your, housing problem. 2N6 PENNSYLVANIA -ECUSING.FINUXE AGU= -...Homeowners, Emergency :Mortgage Assistance Program ce: ACS kiC it Ex t-+, 61-T Pr stay:49i he<Cunsumer Credit Protvbticti Act. The Fedoral,Agency tnaq saminarc.r9::c?myii.+«. .•?.•., his.` law :concerning :thin, creditoyis the,. Federal `Trade Commission, Equal Credit' ..... r r....- ? F. .• ,. .-Y1 _ r Y, t4: a r?;.? !1 ^ r-/1 -- 11.?. 1i. 03/09/00 14:23 DeRESS FIwt CIFL SEWICES + 99750833 NO. Z75 vet Ask MENNEN (200) 422-4169 17)972.1037 4770 Old CatgOmq Road Suite 209 Express Financial Services Mechanicsburg, PA 17055 Clint Coneeco Finance CDC Customer Name Address 3401 Bartrdale Dr., Ste 114 Address ordered g1, Camp Bill. PA 17011 Gordon S. & 0. Lucille Luce Tom K. 91 Sandbank Rd. 9hippennburg, PA 17257 Date otSearcb 0310e100 AN Of 03/01/00 Clint coweeo riaame• me AectB raCO03o0249 Present Recorded Owner Deed Dated Deed Recorded Coaeidention Gordon Z. Luce and 0. Lucille Luce, his mile 02/21/78 03/03/70 $21.000.00 Dead Boob 27-R Page 213 COaBty Cumberland/ehippansburg Previous Recorded Owner Harry 1. McElwee and Diane P. MCElvme, hie wife Property Description Assessment TUN 39-13-0106-079 .+f SauthwVton Land S60.00 raid through 1990 Townabip, Cumberland County ImpraV Aeate 1,100.00 Total 81,660.00 \ In Mortgage Holder Due Volume Pace Anwmd Centex Boas Equity Corp. 03/06/90 1437 97 $32,500.00 03/11/93 (Cloned Rod) Assigned To Additional Mortgage on File Date Volume Page Amowt First Plus Bank nka US Ban 09/02199 01113/99 1512 953 $25,000.00 (Closed ahd) also on CBR Plo Bone. Please Send Mortgagee To ae Pil¦d To. Cumberland County Courthouse AT73M. Chris Peters Recorder of Deads 1 Courthouse square Carlisle, PA 17013 /Irn aeJMmweW/r rlwOT?i.eba.r..rt..r,i.iw.r.A9i,R.wew.rwY..I M,i.Y?mNStli wiliwY eetwesWarlr ) mme ne.nvcmmw. arOet p lo \1 E)(14t6/i IIE VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. L? c, • ?ilc?L , ova Date don E. Luce ?? I a .gyp ,AL a? Date Gertrude Luce (.0 LI I nP ra ? L it?o Lw o Date ?- G. Lucille Luce CONSECO CONSUMBER DISCOUNT : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2002-1458 CIVIL TERM v GORDON E. LUCE & GERTRUDE LUCE aka G. LUCILLE LUCE, Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer and New Matter upon David B. Comroe, Esquire, by depositing same in the United States, Mail, first class, postage pre-paid on the 4th day of June, 2002, from Carlisle, Pennsylvania=, addressed as follows: David B. Comroe, Esquire Comroe Hing, LLP 1608 Walnut Street, Suite 300 Philadelphia, PA 19103-5446 TURO LAW OFFICES Ja M. Robi on, Esquire 28 uth Pitt S reet Carlisle, PA 17'013 (717) 245-9688 Attorney for the Defendant COMROE HING LLP BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff vs. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2002-1458 0 C7 c? Iv T fr 71 cf) I n PLAINTIFF CONSECO CONSUMER DISCOUNT COMPANY'S REPLY TO DEFENDANTS NEW MATTER Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation ("Plaintiff') by and through its counsel, Comroe Hing, LLP, hereby responds to Defendants New Matter as follows: 11. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This information is within Defendants' sole knowledge and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. fill EXHIBIT C 12. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 13. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that Defendant Gordon E. Luce had an annual income of $2.132.00 as Defendant alleges. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gordon E. Luce's gross monthly income as $567.50, which amounts to an approximate gross annual income of $6,810.00. 14. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that Defendant Gertrude Luce had a monthly gross income of $875.00 as Defendant alleges. Attached hereto and made a part hereof as Exhibit "A" is a true and correct copy of the Loan Application, which was signed by both Defendants and lists Defendant Gertrude Luce's gross monthly income as $1,280.50, which amounts to an approximate gross annual income of $15,366.00. 15. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This information is within Defendants' sole knowledge and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 16. Denied as stated. This allegation refers to a legal document, the contents of which speaks for itself, and same is therefore denied. 17. Denied as stated. This allegation refers to a legal document, the contents of which speaks for itself, and same is therefore denied. 18. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further answer, Plaintiff lacks sufficient knowledge or information to form a belief as to Defendants' financial abilities. This information is within Defendants' sole knowledge and control, and accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 19. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment as Defendants have not attached a copy of said Appraisal to their New Matter. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 20. Denied as stated. This allegation refers to a legal document, which speaks for itself, and same is therefore denied. By way of further response, Plaintiff is unsure as to Defendants' method upon which they have calculated their incorrect estimated market value of the premises. Attached hereto and made a part hereof as Exhibit "B" is a true and correct copy of the Title Report which indicates' aft Assessed value of $55,150.00. Furthermore, Defendants incorrectly allege that the Cumberland County Common Level Ratio factor is .063, when, in fact the Common Level Ratio factor for Cumberland County is listed as 1.00 for the year of 2000. All of the Pennsylvania counties have been based on a 1.0 scale for quite some time. Attached hereto and made a part hereof as Exhibit "C" is a true and correct copy of the Pennsylvania Department of Revenue Realty Transfer Tax 2000 Common Level Ratio Real Estate Valuation Factors. 21. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that any "huge" discrepancy between appraised values existed. 22. Denied as stated. This allegation is a conclusion of law to which no response is required under the Pennsylvania Rule of Civil Procedure and, accordingly same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff specifically denies that it made "a loan to Defendant far in excess of the value of the subject property." 23. After. reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. 24. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Defendants have not attached any documents which substantiate their allegation that the 2001 tax reassessment indicates a property value of $44,140.00. Plaintiff hereby incorporates by reference its reply to Paragraph 20 above as if same were set forth more fully herein. 25. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff is not responsible and/or liable over to Defendants for acts of God and acts of third parties which may or may not be covered by Defendants' home owners insurance policy. 26. Denied as stated. After reasonable investigation, Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of this averment. Accordingly, same is denied and strict proof thereof is demanded at time of trial, if relevant. By way of further response, Plaintiff is not responsible and/or liable over to Defendants for acts of third parties which may or may not be covered by Defendants' home owners insurance policy. WHEREFORE, Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation respectfully requests your Honorable Court to enter a judgment in rem in its favor and against the Defendants in the sum of $70,901.40 plus interest and late charges at the contract rate to date of judgment as set forth in Plaintiff's Complaint in Mortgage Foreclosure and costs, both of suit and as set forth in Plaintiff's Complaint in Mortgage Foreclosure and for foreclosure sale of the mortgaged premises. Respectfully submitted, COMROE RING LLP BY: L ij BLAIR KALISH ADLER, E'SQUIRE Attorney for Plaintiff Conseco Consumer Discount Company VERIFICATION I, Blair Kalish Adler, Esquire, attorney for Plaintiff herein, having express authorization to enter into this verification, verify the foregoing Reply to New Matter and aver that the statements of fact therein contained are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. IJ,4z Z, BLAIR KALISH ADLER, ESQUIRE Uniform Residential Loan 'IYI. R4tb`•m b MiOr r r qrr el Y,ppa.aYll *In Y t??. wreo APIr•r..rrr r ??o..-Q. - •,r- filews brem.bo eur .h. b Parr I W nv ar.•od.r e: a^rW4y.ie. n. m r m?eu f. P? ?v msm,'lwe.v' Ilv)r5v iG.lmv.[. ,yaly WI b v! r . b.l. M lem W WaOa v 0, tp»t r ?° r Ib MnW, Mom Ml m1 b W u a Yi tr be geWfle.iv. h. H, v R WY&L ad r mrer low V• ams+,aYU h a e®srLJO,waq m. tt..srW p,Wap Y yo+?'v. ?? P.wb wa. v 4s lv,e-r b nyq mr rsreh ®vrwwn. wu .w Nrv..mr rdwtm A.?F.u:rY.*-."?.z .. , eY.Ttt>:;:•.,.S1?st.S+l4rw+-w`tti-[, ,..: '" : : " :1T '.' :?ii?.F'e».>;5.^lY':_:::'nR''<"'.?«srnn'u":°n'".,".'.'q&3T??1?°'a' v.w X r pyr Cr M.rr immc'... taxer r. aw KYar o.: !RA tirA N/A 69-0688654-1 A®r. dw W w rrt.s A.r.Wre Fbia aav fArlral.iv t 60, 000.00 11.540 ¦ 300 ?°" ? c+w Q Autiera sy., hevro Am.e?t.er. da. wa DA w rth:. 91 Sandbank Rd Shi ensbur PA 17257 1 twr D.otw r aa.r l+wnrtw.m....m+wr.?.wt Trr mu ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND AND COMMONWEALTH OP PENNSYLVANIA BEING MORE FULLY DESCRIBED ZN 0000 ?rt'e ? IYM.e ? Cm®etl. ®Oael.y.hk t„ryrp NYr: a ate. a Dabe Caaaoiidaelon IM= 0= r: Q b,.ew+ Compkte thb tine it cummalm ar mnsumdi pamaomt ban. T. lr I:d W it -bfttb I,w n.a v.rru Ity?rtr?..w? ?r.ra.y A.F , Ills IP s t Cnmplat d9s line if Olt is a refW=ce Man. T.r Cea A"r tnlW U. w,rr.rarr... o...a. hwwa.r. L--J h u rrm 1978 22,000.00 1 756, 000.00 Consolidation Es SIl. wa bhll helr tlo.l.l ymr?etiA'tahNbbY Pvr.W bhLb H®BTS1D ARD IRFE ® Fr IhvY tw,.roe.. w:ra t.twe Ctegr rrb 9r.Wrfirva lrorr ?tr.y (.e.. rpb.f. trd a.....r. t.elhrar. tr.. i.. Y,ppe..eY1 Gam.wl. fls thdr.h rtc Y.tpY.hd Gordon E Luce G. Lucille Luce Sm.lYS.1 M.er am /Yefai .. mt.l AY Ts Sd SorSadq Nerr ys. tsw I At. Ya td lhd. ree.ey 114-28-7659 717 530-9835 71 00 091-24-9605 717 530-9835 70 00 a V.s1.Y ED> C.. d.4 aw?(sr by Crl®:rl taro Qu?rp.sw.:ah, rsr a.ay avr.a r a...i .Aa+e.u r °0 •- Yt.r..4 eAh..0 0 n.a Ar°Pt.•b rn. urr ml LX aw J [LJ? 23/00 wrs n..s A.. beaey.+ znn w. Wr 23/00 wYs 91 Sandbank Rd 91 Sandbank Rd Shippensburg, PA 17257 Shippensburg, PA 17257 1lrW..rpr rr?rr Va...r+r? o. nh.a.r }eweAdl.r. (.ea.q'.wK m`1 ?a.r ?a.t wTa AorArswler. ?.rrti Ztl C:] 0. ?I wYa r®..w,?Iw.a..oa mt w V. 11 .A Y dP•wa Dn U o.. i._J? wYa iswam" NOW neaAYw.rIlpl.. xrrthyyr ?\'a."J.6 :. vm4AY&06w. yr a Ta.dhjs SSI 3/00 Shippensburg High School 26/00 ter,!:. 317 N Morris St tiar? 'etr 00 Shi ensbur PA 17257 0 00 A,wmrtYWlypri®. ?a's lYw.bG r..W IdY1m.M1Y•IyPr W. JYa (htb u.. er.l Ardrrd Gook 1717 530-2704 v bmn,a 1. t. r. ur..wr.,.rr..artr .re.q.ar ew. Yr ea pt4 ?wt+e ?. n.aer.r Nrra Aaa.?re,Nya yr?r a.wltts•a tr.a Atr..r 4hr. sxthyiYgr Dr.tm•a Atr?q hre t umea' Ym t w.ww'rYVlYrrtrYr nm.Arell.Y O.ay rvilw^IYrrryp.rr`. 3rsw/h.e 0.r-.rr rr NmaAmr ramprrr trr a.errr a+.if?•r/ pmaAalw,r?per. yYaepq. nn.lam•W MsWr by t llaeab hrw 1 Yr1imtvvt)v.ra.hw nis•tea tbr.o...t Irde.>[vtrt)Y.ram. lvmr?teu rr r..t / 3-z2- Dw r,..h N.a lbw (f larf ° X Ce.a aw / 3/a> ao ---=1 t,r.a? ?.trt IIIIIIII?IIIIII[IIIIII'81111111? VM) MOl]G..W i41AY IId?41.T111 EXH1131T A H- . ...... . '?;. s.m• t 567.5C? t 730.5 i 611.64 w co? a-T ta. r ar mr ' /.m Ito •"?` 550.0 550.00 oaR TW s 567,5 s 1,280.5 s 1,848.00 a s 611.64 -a....rra?a.-.W ?rnr,.irw?+r.uur --• .a ?.. r«....r e?.r?.r?m _. aC I - Wr..r ms s C?a?w.? (q ea r dom. r e... Y s.u? fr..p?lytY. ra ? MmdtyAma 't>; arm r v W?•.Yr ?4 rrr a.r r ?ad}ury a oom aver r ?r C.so..m U e.:.. r i.eYYl? r r>mVi•ed br O• heel a r aamiJ,q r OYb Pm•rd v • mae6r trY• eOrwr y.m• ar®r 1eW? u. spy d4. C+Nmv.? r+YS w ••?r •? • r•.4 as SWS r ••.P?i •.Y,LI?Or Y?Y.r rm WI.Or• r.. n n a ASSETS f.a V ? 6 wM1d, . ?rYa !tl4 rirlq eroYr Ye. Iw M, r.q.. mm •w+? .m irks m w ?Ya m.a if r r? .aar r rvl m?, n.,l .ar ?•Y. sm ?r r d tlt1O. ..: osa.rY r.w pr?Yra Yf s r •Sii.iarrddep..l.rr o.`o.,lrgmear p. r a i? oa. 4 r?.y.a ?nra. 4.r LL43EUTMS YsrYV nr.a it< W r Tp yru a.re wrrds,e.dC,4,4 simvwa s rJi w ?r?.err. Yr. U.S. BANK Nr. r ra,r d LYea, i+t. rCrY ttim ,rrm 66200153177060001 63.00/95 24,815.00 Nm r.sea d4gw iPaJal wd m s m s M?rrn..rar.sas.?G.aY lab •.n m ' Ne rra.?dCmp? Ma m is iia/Ya i Maa.r.maa el r 34" Cn Lb . Ar. m N.o_r.ewdC , "•? m s ? q shs i Nr r rs? dlri 31t. so.Y LYm .m.m Ns r.OOr dfaq•q ....m s s p r s sra ? awa cc?v...oyr. a a...prr i - A:r NorrirdCagn - .• W Yrsav r...awp. swd; i s s - t ?Yrrl a..w t ar ?.?m.r (rrs.rn..r. t?.rr,r r s 60,000.00 ,.r w e.rN n.a m vrr brr rnav Ad NAra`?dG1 q N.•.edsa:?w?s...r fr•+dd.tww,o? i g iimL/lia s ArmmL ..r (m.b r3.r1 s ? a ai'srt??r s om n... area s w"aOy Mq A C!//!47 Total !. ) m Yrtl aar. rYei?dmba.r.) an EXp Cu6ia.d Total pynt. i nrM-W* PS . ' s 263.00 35,185.00 T.a [awu?i a 24,815.00 P..w w.im,w ? .-..31 Ifum.m ry. a.,. ScbcdWe Pr Real Pst.te Owned n(mYswY mtflrrl (RYaelm,l .,p am r,®a.lm,ba) n W m f [ w.t eer w fr i®.I . I yrtr vY. eareir a iJr I frd imm. it9ra t®a b0.e. Y6? 91 S.ndbat k Rd Sbippr bt q, PA 17:57 F SFR { 60,000.00 1 i f ! S V r In W..IY u Ll•r.,.l. {p.nl • rl..l/.•,•, ,r wlr W .Y Y r LWI u. n•Wl.rr..i' T.LY I s 60. 000.00 { I S S t f Ll. an WXV .mr.WYer.R rpwi.r/ew, itdrd..i rLr.•\p•9.e•. a[Ar\.mMd mLr.r LW.AW M[mr Name Cmdior N. A- Nmb y?w1.,??..r l i' i[Cr J'ultNllJA ?.r? ? FiLW NO ... 1. k..... ?•. : '- ' . , ., . .L, Lx .. :.,. a Jrer 1 R>.a {.I.r Y. rw.riY.0.mPIL fYfwr 6•es{..+. Pr W s.Y,rr Yw1 !! rpYrYa V. N. Y. w a L M bn q \...di Jtrir. yLYI )y x x .W.rb 61YY1m b.rar.,Yem?,.leatr pml]wt X x ' em 115.40 cR.rP.Wpq.gt.YbrMYYUYitrY t X a.d:fm ur ribr7 I I x 2,490.25 Y 9YS aMf.,.peq r. b.wb X ?_ X 1'14 e0, A. • X.n TY aY•.h rYaYaLPer.efrYrsY.a riY lmnYi irdrea u.dYa< ' n:®. Rama"w 1.200.00 W, . YY `msb.ua we. nm rm L.eYr M IYr p Dm.,ee Y.Y. ,a.L YrL Yme p,Y.Y,r imea .rdw ? mmrr (..YYI [® YLa q L ..I ..l. :....len a 3.805.65 .miialY.el kk dW ed, siremrm Rrya' ? ?I? ? pYY. L.,.w'smima{lamd.arr •Cdr,PU X X 9.ae,.InrOm' Y V.A eY eoic %q. r,Y.ry tr b r!:) L AYp.pelYrw:q.r a:atW mq AYN 4r L °rwVt aLW .YP.' .q.rvlm rviya a.ri,l Wryyd6 Wet YIY. lb ?V'YS 1+•.4r.iYY[rmMlipYJi1 L O 'MbI(glrl x O 4 Mtm Ylip,drr abq.eY61 \apLfr.,rr eeewe? X O L i{gpaNft w I e®.? X X L ......•.-.-_--.-.?.._..-........-..... x X J. MNl.us tllr x X X alaY,r? L AIm YrJ r••YI Y. p,9.y rlrr pY\.n 1.NV.t.1 x • (vam ML W. Peek, rma?.0 60,000.00 a T? agYr pY15maerY aH.w lm ermmrYylw i a Pea UM. F?be PY dmt . I I•.1 M I A (? X? ? a c .b.e(rlmar 60,000.00 Pd cfpm 6) bmmo(xft., m?pwe i" PR ° PR P erbeeoebe..Y mib.lY lmWdmrtrer••r1? yTYrPfil SP SP uYm•1tlater0 56,194.35 Jm.b KSlm.rr(fPLayity.M{m°eparpR Tw e.a..i.r q-W-w .+maaaww r NL.Ia m (1) tr tr ?Y y °Y iplrim.la r . by . em s,MwLrer s u.u Y ae wrtr 4rbw b\r:tCc bp'pt .bWbgivirapYWYP9rYa.D)Y.Itimsl.r.ibei wL.amrmrbbp...e b w,ee d ILOrY mbR(N .. 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NYYtd d tmK'I.IK.dr.dr.dq aN q amtrr Y e tlir .Ylod.dN a °. b.r.r rrd u tr r.Rrer mt b" L.LIfO mWw ir p_? brrr.,.rr0ir4`,igh®sLYVtrbps.Y's YTfYt 14)b+rl Cs S. Mj..a ee WOWp r deeer detd baraw•r.vdeeke,em..dq.erPew.w drgdaru rfe wr•grY.T."mtdm[W v.. Y,wvimtlt ??,L? [r.tt IIWw mlP. N. w1p,Ylwt MlY e, m.r.t Lw,.1YL\ LI t[t LIL.L.a eI wnL. eeLnt my LIYn lat.{wtlm YY,[ In .e? umMlw. v1a.rLlt 2,4LeA.1 Itt[ CLNIt Mt.R1M ..t. lm l.n L II1K [a K.'rL[ W. WIiW .L {\lLtralm. .a.K t[I [M Y.NM Y 1\{MStm TRIM rltl• tI.YMLm • v s..•.• • _ . w.e PL VN`J(J Y 1 zz-a? ?. oS ?aecrC o?° ?4 Yb.Lei Y rpr W ft Pdr O..ar tr rsY °YY i Yr elyd . • e.t?e, Y ..e . ®b ld?L LgI4e a1r 4rl e{af iPL?t/. ILY mra r em. LYri.6Llmw Yw Ta r r t4:Y r lr.e 4. iav.Ya r r mrLre4 Y b a b r 9r•YY er L [at.» a,lbe •.. • Y tr b,: J W Y.rv.llta r Y.Y.i,t A ?r r btia L RsRr. Y ]m m,s{ r b emlte L rr FY.J aiN{llr W Lrr Y 11\YI r W rY r[ Y[ m IY W{, Y.IY.{q.LOY 1®Y RA by YIR Y o1rL °L Ywt ?r p,.Y d.( q, Li YaLr. (L/1R YY Tl.y tr.Ytn s.YW r? d °. alldtn,Yr?.tl{9{Im r:rrr [RarY ryY may g6L.W .r.lpb M I"ee••YeOK fla ? tr'J BORROWIM. I4 r.Yer briseY Yi,r.ym C6sORfOr12 latr.Werti.etl.:rm.i. Aaobai,.a. Adr. wYarf °NdY AY I? H:pei.YNY1 dYi N ` a CmY.?.'-- Ylrn m a al.a.w MYpe. r(ti Rbr H•?pds.{ Ila 8 Ri4•aY 7V Y. C?LL+Y LI YYYY..w v.wa'L ltm 1?K r °PI Nr{ r Aab? ?rr.(..?. tali.. 7IaY?tw0rnm[+.?4: Thomas Xovalehik 03/03/2000 cemeece FiL c. co...r Di.e,-c catpany =- Y1°^"' b.•.w.xw.w AO 3401 Hare dal.. Drive suit. 111 © bf Y Capp Hill. PA 17011 600-957-9947 F4.ri A1.L tbm u ItWI P..4. ef.. Frr mm r,A ? .-..it m.elm i?. w s Y,al...am aYa u? O?lm. T'? Y Orp1Y b DdOViI {a Alpllndm MY[ D?Dm..a4 B Total Printed Aaaetas YM. Yy <ufolbtY M d s.OaaYY.y6Y>?YYe.Y!e?Yb.44 a.bq Maao ?rtw•fb.`.YrYYNWIY aa?Y b pql.\ Y711Y IS Ik/w Id Aae. dih T ? " d O.u ODava..Y. Da.?s y?Y ort?'o,-t QI -+?c?? 13 ?z •.1 ? x h ?° , . _ '?o. ??P„ _ _ ? 3/mss/ac v,.w ar " idn ^ wol. w Iti Im In91 ..,...11 oatmm wa.. r. App#: 0( 33043 Addendum to the 1003 if a loan is made by Leader, in addition to authorizing Lender to verify and reverify information contained in the application at arty time, whether directly or through a credit reporting agency, I further authorize Lender to use the information obtained for other purposes, including selecting me for offers of other products that are offered by Lender or by Lender's affiliates. ;;. 111111 ARACOR Search and Abstract Services, Inc. One Penn Center, 1617.1.F.K. Boulevard, Suite 305 Philadelphia,. Pennsylvania 19103 (215) 496-0900 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 11/13/2001 Order Number: A55859 Client Number: 01-0525 Premises: 91 SANDBANK ROAD, TOWNSHIP OF SOUTHAMPTON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ,ALL THOSE TWO CERTAIN tracts of land-with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT %.CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: _ ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North b the . aforesaid public road. f EXHIBIT CONTAINING one hundred fifty (150) rods, more or less. ' B ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 A TACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Gordon E. Luce and G. Lucille Luce, his wife by Deed from Harry E. McElwee and Diane P. McElwee, his wife dated 2/21/78 and recorded 3/3/78 in Deed Book Volume 27-R page 213. Subject to the encumbrances and claims as follows: TAXES: Receipts for Township, County and School Taxes for the years 1998 to 2000, inclusive. Township, County and School Taxes for current year 2001. (Payment should be verified) Assessment $55,150.00 (Tax Parcel # 13-0106-079) WATER AND SEWER RENTS: Receipts for Water and Sewer Rents for the years 1998 to 2000. Water and'Sewer Rents for current year 200'! . (Payment should be verified) MECHANICS AND MUNICIPAL CLAIMS: None MORTGAGES: 1. $60,000.00 - JUDGMENTS: None BANKRUPTCIES: None Gordon E. Luce and G. Lucille Luce, husband and wife To: Conseco Consumer Discount Company Dated: 3/22/2000 Recorded: 3/27/2000 Mortgage Book 1602 Page 352 Mortgagee's Addr: 3401 Hartzdale Dr, Ste. 118, Camp Hill, PA 17011 - 3 - ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 REQUIREMENTS/EXCEPTIONS : 1. Possible additional assessment for taxes on any new construction or major improvement to premises. 2. IMPORTANT NOTICE: Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the County, and the Commonwealth of Pennsylvania, Department of Welfare. 3. Subject to any and all recorded Rights, Restrictions, Easements, Covenants, etc., that may appear of record. GP/JC -4- PENNSYLVANIA DEPARTMENT OF REVENUE JUNE 2001 REALTY TRANSFER TAX 2000 COMMON LEVEL RATIO REAL ESTATE VALUATION FACTORS The following real estate valuation factors are based on sales data compiled by the State Tax Equalization Board in 2000. These factors are the mathematical reciprocals of the actual common level ratio. For Pennsylvania Realty Transfer Tax purposes, these factors are applicable for documents accepted from July 1, 2001 to June 30, 2002, except as indicated below. The date of acceptance of a document is rebuttably presumed to be its date of execution, that is, the date specified in the body of the document as the date of the instrument (61 Pa. Code § 91.102). COMMON COMMON COMMON LEVEL LEVEL LEVEL COUNTY RATIO FACTOR COUNTY RATIO FACTOR COUNTY RATIO FACTOR Adams 2.60 Elk 5.44 Montour 10.64 *Allegheny 1.00 Erie 12.20 Northampton 2.11 Armstrong 2.30 **Fayette 3.33 ** Northumberland 7.35 Beaver 2.85 Forest 4.08 * Perry 1.00 **Bedford 4.27 **Franklin 5.80 Philadelphia 3.48 Berks 1.06 Fulton 6.80 Pike 3.46 Blair 9.90 Greene 3.83 Potter 9.26 ;Bradford 2.17 Huntingdon 5.71 Schuylkill 2.17 Bucks 24.39 Indiana 6.67 Snyder 5.53 Butler 8.48 Jefferson 5.16 Somerset 2.23 Cambria 5.75 Juniata 7.58 Sullivan 4.13 Cameron 2.49 Lackawanna 4.79 Susquehanna 2.11 *Carbon 2.00 Lancaster 1.09 Tioga 3.18 Centre 2.39 Lawrence 6.02 Union 5.59 Chester 1.17 Lebanon 10.99 * Venango 1.00 Clarion 4.79 Lehigh 2.12 Warren 2.69 Clearfield 4.46 Luzerne 12.99 Washington 5.65 Clinton 3.37 Lycoming 1.44 Wayne 11.36 Columbia 2.81 McKean 4.20 Westmoreland 4.33 Crawford 2.82 Mercer 10.87 Wyoming 3.55 *Cumberland 1.00 Mifflin 1.89 York 1.09 Dauphin 1.85 - Monroe 4.41 Delaware 1.03 Montgomery 1.12 " Adjusted by the Department of Revenue to reflect assessment base change effective January 1, 2001. *"Adjusted by the Department of Revenue to reflect assessment ratio change effective January 1, 2001. EXHIBIT C COMROE HING LLP Attorney for Plaintiff BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff NO. 2002-1458 VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. CERTIFICATE OF SERVICE I, Blair Kalish Adler, Esquire, hereby certify that I caused a true and correct copy of Plaintiff Conseco Consumer Discount Company's Reply to Defendants New Matter, via first class mail, postage prepaid, upon the following counsel of record: James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 COMROE HING LLP BY: J, )` j a/ . Blair Kalish Adler, Esquire Dated: }?2, 2002 Common>.ewth of Peousyhaoia Space Above This Lane For Recording Data OPEN-END MORTGAGE Application 3 0003033063 Return To: Loan # 6 90683 6 541 conseco Finance Attn: Trailing Documents Area This Mortgage secures future advances. 7360 South Ayrene Road Tempe, AZ 95233 March 22, 2000 1. DATE AND PARTIES. The date of this Mortgage (Security instrument) is ............................................... and th patties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR Gordon E Luce, G. Lucille Luce HUSBAND AND WIFE O If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 • r?- c 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is ulmowlalged? A tMecure the Secured Debt (defined below) and Mortgagor's perforrlmme under this Security hstntment, Mortgaggr 91A t, &aias, conveys and mortgages to Lender the following descn'bed•propeny: .v ? .See Exhibit A: 'N 3z -c C) •"]. C N C ? rV Zm r. --r r*t m . '? 1 to ..a The property is located in Cumberland ..,, at ... (CouGry) 91 Sandbank Rd Shippensburg .......... , Pennsylvania 17257 . . ...................................... qjP Code) .. ..... (Addrcu) - (ay) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtutres, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property0). 3. MAX>11IUM QBLI /?T?,Q?[ LDRT. The total principal amount secured by this Security Instrum n at any one time sha11 not exceed $ ..............?.." """ . This limitation of amount does not include b=est and other fees and :.......:.. . . ..................... charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this'Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. - 4. SECURED DEBT AND-FUTURE ADVANCES. The term 'Segued Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When - referencing the debts below it is suggested that you include items such as borrowers' names, note amount4 interest rates, manuity dates, etc.) Note dated March 22, 2000, between Conseco Finance Consumer Discount Company and Gordon E Luce, G. Lucille Luce, for $60,ooo.oo, maturing April 2, 2025. PeANSYLVAOaA - MORTGAGE (NOT FOR FNMA. FHLMC. FHA OR VA USE) /page of 91904 MrA n Squm.6 lm_ St. CM d. MN (1.80630)-22411 Form RE-MTO•PA 12/19/94 ,? Fam ID 3111134 90od602 PAGE s352 ----? EXHIBIT D B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promis& note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Secur" Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Secur Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligatic that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All fun: • advances and other future obligations are secured by this Security. Instrument even though all or part may not yet advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrutmes Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in an) amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but no limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security instrument will not secure. any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the tetras of the Secured Debt and this Security Instrument. b. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. nth regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. S. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Leader may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend tide to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall rum with the ?roperty and shall remain in effect until the Secured Debt is paid in fall and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. 07094 3--Aa Sr.twr, N?. St CINA MN 11-1100-397-2341) Item pEMT"A 12/1814 Boa 1602 PAGE .353 (egs ofg) Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Securir Instrument. Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney E fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. •12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements- (all referred to as "Leases') and rents, issues and profits (all' referred to as "Rents'). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument 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 Mortgagor's tenants to make payments 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 Mortgagor's tenams pay all Rents due or to become due 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 commingle the 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/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMWIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a .breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith- belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instan=, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. ' At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 0 Bood602 rxF.a3S4 IPag of 1 1994 Bu?k-n Sy?tar,p Inc., St. Gs W, NH 11-90o-797-27411 ft. Rl4NTfFVA 12119194 p 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibit. by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrume: Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwi. protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until pa in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs at:; expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instnrmew This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrumem shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law. means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material,' "toxic substances,' "hazardous waste" or "hazardous substance" under.any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in M compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threateneddavestigadon, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other tatting of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This inenr me shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Leader's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, n, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard 'mortgage clause" and, where applicable, 'loss payee clause.' Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. t IPa4°Og ??1 _ 0 1884 Banker Sr"[em". Inc.. 51. CNUC, MN fl-600-307-23411 Fen, Rr MTO-PA 17/78194 gQQh i6 ?2 Pace 355 ?? Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to t Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend postpone the due due of the scheduled payment nor change the amount of any payment. Any excess will be paid to U Mortgagor. If the Property is acquired by Lender, Mortgagors right to any insurance policies and proceeds resulting fro damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before tt acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will 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 necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this 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 rights may include, but are not liinited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagors consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABI ITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete-and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrtmtem, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page I of this Security Insuument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. good&112'ria J56 01801 8a kM Syw?. inc.. St. Claud. MN 11.8GG-397.23411 Perm 8l?TG-PA 12119194 !page of 6 • d .. 26. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ? Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may I- reduced to a zero balance, this Security Instrument will remain in effect until released. ? Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement o the Property. ? Fixture Fling. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the futurt. and that are or will become fixtures related to the Property. This Security Instrument suffices as a`financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform, Commercial Code. ? Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shalt be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ? NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ? Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security InstrumenL (Check all applicable boxes] ? Condominium Rider ? Planned Unk Development Rider ? Other ................................................... ? Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. ?s. ;9 Gordon E Luce "') ........... NA!5K1'G. Lucille Luce , L...G (wilaea) (orator) ACKNOWLEDGMENT: COMMONWEALTH OF ... Pennsylvania , COUNTY OF } ss. 'mmed.o On this, the .........22nd...... day of .....Marsh..20.00 ........................ before the the undersigned officer, personally appeared , acrd°a s Luce, G. Lucille Luce .................. c.......................................................... .......................................................................................... ]mown to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same forpurposes therein contained. tom, ?1Hiu..At f _ f, I hereunto set my hand and official seal. Now" sew .Gass. No PUt0c ............................. Angela ............................................................................ Title of Ofnev Conaeco F ............... Consumer .......... Discoun .......... t .. Co......mp....any ............. It is hereby c ed that the address of the Leader within named is. .............. inance 3401 Hartz&Tis Drive, Suite 118, Camp Sill, Penasylvanil 11011 ..................................................................................................................... ....................................? BOOKi602*rAGE x,357 01981 9.rk?.9yat?.n, Ire., 9L Cla.d, MN I/-900.987-23411 Fenn REiN70.VA 13/1H94 (page 6 of 61 EXHIBIT A Legal Description: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN DEED DATED 02/21/789, RECORDED 03/03/78, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE, SET FORTH ABOVE IN DEED BOOK 27-R, PAGE 213. Parcel ID: 39-13-0106-079 State of Pennsylvania 11 County of Cumberiandf Recorded in the office for the recording of Deeds act.' andforfftir--WandCounty, it fr4* BookJ160JUol. =Pag witness my hand nd seal of office of Carlisle, PA this -day d ecor r 19 BOoK16102 PAGE. 358 • . APP # 000. 3043 r GT-15-00.0921101981 LN # 69-0688654-1 NOTE ,,,,,,,,,,,,,March ,22.,„2000„ ,,,,•,.„••Sh iQpensburg• ,-, Pennsa!lvania„•.••,••• .. ...... .......... IOe.I Ickvl Ist.t.1 „,,.91.Sandbank, Rd,•,Shippensburgl Pennsylvania,,, 17257 .................................... ..., Ip1en.ltr Ad4.w1 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 5..60 d 000:00 (this amount is .............. called 'principal'), plus interest, to the order of the Lender. The Lender is .. CO°!`4° rltamt. mtuumer ni.eeunc company, .............................. 7a07. Harezdal. nxlve, 9ults lla, Ca...Hill, ph 17011 I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder,' 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ....,11:540,,,,, %. Interest will be charged beginning on ........... March 27., ... 200 . . 0 .................................. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Scheduled Payments 1 will pay principal and interest by making payments when scheduled: 1 will make .......300 ................... payments of S..611.:6+........................................ each on the ................2nd................................ of each .... Month......................................................... .......... ........ . .... ...................................... beginning on ... 14aX.Ad..2000.................................. 19PI will make payments as follows: COPY IlMn addition to the payments described above, I will pay a 'balloon payment' of $ ................................... on .......................................... The Note Holder will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will snake these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My scheduled payments will be applied to interest before principal. If, on April„2,d 2025... I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'maturity date.' I will nuke my scheduled payments at....Conseco Finance! 7360, South i(xrene„Ronde„ Td meet AZ ........... ............................................................................................................................ 85283 ..... or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a 'prepayment.' When I make a prepayment, I will tell die Note Holder in writing that I am doing so. IN I will pay a prepayment penalty of ... Rttc.!wat4r.Snonras0..vn.F.br..t•a. vnasll4..ivsa.wwvns..L> .o}ts..snttFC..islaa.fi?3vutcq.i• paid within 36 month. from, th. date of th. loan. ...................................................................................................................................................... ................................................................................................................... if I prepay this Note in full. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reducal by the amount necessary to reduce the charge to the permitted limit and (H) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to male this refund by reducing the principal 1 owe under this Note or by malting a direct payment to me. If a refund reduces principal, the redaction will be traced as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any scheduled payment by the end of ....... 15.,.•,,. c10emd010u0days after the due it is due. I will pay a late charge to the Note Holder. The amount of the charge will he %' I will pay this late charge promptly but only once on each late payment. on t e unpai payment or , whichever is greater. (B) Default If I do not pay the fun amount of each scheduled payment on the date it is due, 1 will be in default. (C) Notice of Default If I ant in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Haider will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have die right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) err-is-dxo-oat no/gam rP.g. I oral 11110) l ? ?f•? B .. S'... nc.. a. a.. MN I„m QT.MVCgryt?210/2195 7. GIVING OF NOTICES . • Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class trail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Now Holder at the address stated in Section 3(B) on page 1 of this Note or at a different address if I am given a notice of that different address. g. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs Otis Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person wbo s a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. ARBITRATION All disputes, claims, or controversies arising from or relating to this Agreement or the relationships which result from this Agreement, or the validity of this arbitration clause or the entire Agreement, shall be resolved by binding arbitration by one arbitrator selected by Lender with Borrower's consent. This arbitration agreement is made pursuant to a ^s^e?^^on involving interstate commerce, and shall be governed by to Federal Arbitrwon Act, Title 9 of the United States Code, Judgment upon ore awartl rendered may be enteral in any mart having jurisdiction. The parties ago and unkrsta? that they choose arbitration instead of litigation to resolve disputes. The parties tan erstand that they have a right or opportunity to litigare disputes in mart, but that they prckr m resolve their di?ures Utrough arbitration, except as provided herein. THE PARTIES VOLUNTARH Y AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY LENDER (AS PROVIDED HEREIN). The parties agree an! uhalersta[xl that all disputes arising under case law, statutory law, and all other laws including, but mt limited m, ail contract, tort, and property disputes, will be subject ro binding arbitration in accord with this agreement. Borrower agrees that Bortowu shall mot have the right to participate as a representative or a member of any class of claimants pertaining (o any claim arising from or relating to this Agr«mcm. The parties agree and umalerstand that the arbitrator shall have all power provided by law and the Agreement. These powsrs shall include all legal and equitable remedies, including, but cot lintitetl m, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto die contrary, Lehaler retains an option to use judicial or con judicial relief to enforce a sxurity agreement relating to die collateral seeurW in a [ransaction underlying this arbitration agreement, to'enfatce the nioaetary obligation or to foreclose on the collateral. Such judicial relief would take thr form of a lawsuit The nrstimrion and marnteuaoce of am action for judicial relief in a court to foreclose upon any collateral, W obtain a monmetary judgment or m enforce Uic security agreement, shall not cotrYtitute a waiver of the right of any party to oxxmpel arbitration regarding any other dispute or remedy subject to arbitration in this Agreement, including the 61mg of a counterclaim in a Butt brought by !.ender pursuant to this provtsmon. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Prexamrem' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor' means the ngpt to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this None, a Mortgage. Deed of Trust or Security Deed (the 'Security Instrument'), dated the saint date as this Note, protects the Note Holder from possible latices which might result if I ob mat keep dte procaus s which I make in this Noe in . That Savrity [mtrument describes how and under what corulidors 1 m?ay?bea sre?qu??nro? make irtunediate paymentin ll o fuf all amounts I owe nMer this Note. Some of those cor[ditions are dTrscnbed of tlmeoPro ra?fv petty or a Bntrdldal Imterest in Borrows, IF all or any part of the Property or a? interut in it is sold or transferred (or if a beneficial interest in Borrows is sold or transkrrcd and Borrower is not a neural pennon) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Smuity Instrument. However, this option shall not be exercises! by Lender if exorcist is pro hibited by federal law a5 of the date of this Security Instrumet. If lender exercises this ophoo, Lender shall give Borrower notice of acceleration. The notice shag provide a period of rtes less than 30 days from the date the notice is delivered or mailtxl within which Borrower must y all sums secures! by thus Security lstrwoem- If Borrower fails to pay these sums prior to the expiration of this period. Leader toy invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page I of this Note.1 THIS LOAN IS PAYABLE IN FULL ..........JUA ............................................................................ ................................................................................................................ I MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MAY BE A LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAIZE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR I WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I HAVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, 1 MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED .d-i?.?' ................................................. (Seal) on a Luce .,,,,_„ ........................................................... (Seal) G. Luc Eie Luce ?Q .8 ... JC,ece<..0!..uC?? ............................................. eal) (S •asrmww [Sign Original Only] llw.. n..l m... M. CY MN Arm OT-WfNN.ur tmlmi nT•le•00.0111110na1 10.s.1ef11 - History Summary LN 6906886541 July 5, 2002 Customer: Luce, Gordon E Address: 91 Sandbank Rd Shippensburg, PA 17257 Tax ID: 114-28-7659 Phone: (717) 530-9835 (NON) E - Post Date Eff. Date Description Tran. Coe Amount Prin. Amt. Int. Amt. Result Bai... Rev. 3/28/00 3/27/00 New Loan Disbursement $60,000.60 $60,000.00 $0.00 $60,000:00 0 3/28/00 3/28/00 Odd Days interest Receipt ---------- 1006 $775.40 $0.00 $115.40 $60,Ou0.00 -- a/2 00 4/2 00 Ln Rate Chg 91095 $0.00 $0.00 $0.00 $60,000.00 an 3100 4112 00 Loan Create Receivable 91080 $0.00 $53.87 $557.77 $60,000.00 5/2 00 5/? 00 Duedate Event 91005 $0.00 $53.87 $0.00 $60,000.00 ? 5/10/00 5/10100 Regular Payment 1001 $611.64 $53.87 $557.77 $59,946.13 C] 5/13/00 5113/00 loan Create Receivable 41080 $0.00 $35.16 $576.x8 $59,9x6.13 C] 6/2 00 6/ /00 Duedate Evert 91005 $0.00 $35.16 $0.00 $59,9x6.13 ? 6!6/00 6!fi/00 Pay by Phone Fee Assessed 2035 $3.00 $0.00 $0.00 $59,9x6.13 6/7100 6/7/00 Regular Payment 1001 $674.64 $35.16 $576.48 $59,910.97 re_ata Receivable 6112/00 6112/00 Loan 2 97080 $0.00 $35.50 $576.14 $59.910.97 r] . 713100 7!2 00 Duedate Event 91005 $0.00 $35.50 $0.00 $59,yt0.97 Q, 7/6/00 7/6/00 Pay by Phone Fee Assessed 2035 $3.00 $0.00 $0.00 $59,910.97 F--7-1-7070 7/7/00 Regular Payment 1001 $614.fi4 $35.50 $576.14 $59,875.47 7113/00 7/13/00 Loan Create Receivable 91080 $0.00 $35.84 $575.80 $59,875.47 8/2/00 8/y00 Duedate Event 91005 $0.00 $35.84 $0.00 $59,875.47 81,4/00 814/00 Pay by Phone Fee Assessed 2035 $3.00 $0.00 $0.00 $59,875.47 8!7/00 817!00 Regular Payment 1001 $614.64 $35.84 $575.80 $59,639.63 8/13!00 8113/00 Loan Create Receivable 91080 $0.00 $36.18 $575.46 $59.839.63 9/2100 9/2100 Duedate Event 91005 $0.00 $36.18 $0.00 $59,839.63 Cl 9/6/00 4/6100 Regular Payment 1001 $611.64 $36.18 $575.46 $59,803.45 9/12/00 9/12/00 Loan Create Receivable 91080 $0.00 $36.53 $575.11 $59,803.45 11 1012/00 10!2!00 Duedate Event 91005 $0.00 $36.53 $0.00 _- $59,803.45 t0/5/00 1015/001nayular Payment 7001 $611.64 $36.53 $575.11 0176022 ? 10/13/00 10/13/00 Loan Create Receivable 91080 $0.00 $36.88 $574.76 $59,7 6Q92 it/2100 Duedate Event 91005 $0.00 $36.88 $0.00 $59,766.92 11!8/00 11/7/00 Regular Payment 1001 $611.64 $36.88 $574.76 $59,730.04 El 11/12/00 11/12/00 Loan Create Receivable 91080 $0.00 $37.24 $574.40 $59,730.04 12/3/00 12/2/00 Duedate Event 91005 $0.00 $37.24 $0.00 $59,730.04 Cl 1216/00 1216/00 Regular Payment 1001 $fi71.64 $37.24 $574.40 $59,692.80 L-j 12/13/00 12/13/00 Loan Create Receivable 91080 $0.00 $37.59 $574.05 $59,692.80 0 12/20100 12/19100 Accrued Interest Adl Cr 3011 $16.35 $0.00 $16.35 $59,642.80 113/Ot 1/2101 Duedate Event 91005 $0.00 $41.37 30.00 $59,692.80 Cl 1110/01 1110101 Regular Payment 1001 $586.56 $41.37 $545.19 $59,651,43 C] 1/13!01 1113101 Loan Create Receivable 91080 $0.00 $41.74 $544.82 $59,657.43 El 212101 2!2101 Duedate Event 91005 $0.00 $41.74 $0.00 $59,fi51.43 0 2111/01 2/10101 Loan Create Receivable 91080 $0.00 $42.12 $544.44 $59,651.43 0 2117/01 2117107 Regular Payment 1001 $586.56 $41.74 $544.82 $59,fi09.69 LI 312/01 3/2101 Duedate Event 91005 $0.00 $42.12 $0.00 $59,609.69 3/14/01 3/13/01 Loan Create Receivable 91080 $0.00 $42.57 $544.05 $59,609.69 Cl 3/17/01 3/17/01 Regular Payment 1000 $586.56 $42.12 $544.44 $59,567.57 4/2101 4!2 01 Duedate Event -? 91005 $0.00 $42.51 $0.00 $59,567.57 [f EXHIBIT E 4/3/G1 3117101 Regular Payment eivable R t 1000 $586.56 $42.12 $544.44 $59,609.69 91080 $0.00 $42.90 $543.66 $59,609.69 ? ec e 4/13/01 4112/01 Loan Crea 609.69 00 $59 00 $0 65 $0 $58 ? 4!17101 4/17/01 Late Charge Assessed , . . . 2001 609.69 00 $59 00 $0 00 $0 0 ? 4/17/01 4/17!01 Deliquent Loans t t E , . . . 91004 $ 91005 $0.00 $42.90 $0.00 $59,609.69 ? ven e 5/2/01 5!2/01 Dueda 5/13/01 5/13/01 Loan Create Receivable 91080 $0.00 $43.29 $543.27 $59,609.69 ? - 5/17/01 5117/01 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 ? 5!17101 5/17/01 Deliquent Loans 5!31/01 5/31101 Regular Payment 1000 $65.00 $0.00 $65.00 $59,609.69 6!2/01 6!2!01 Duedate Event 91005 $0.00 $43.29 $0.00 $59,609:69 6/12/01 5/31/01 Regular Payment 1000 $65.00 $0.00 $65.00 $59,609.69 6/12/01 6112/01 Interest Only Payment 1003 $65.00 $0.00 $65.00 $59,609.69 6/13!01 6/12/01 Loan Create Receivable 91080 $0.00 $43.68 $542.88 $59,609.69 6/13/01 6!13/01 Loan Extension 33 $2,110.42 $170.82 $2,110.42 $59,609.69 7/2/01 7/2!01 Duedate Event 91005 $0.00 $43.68 $0.00 $59,609.69 7/13!01 7/13101 Loan Create Receivable 91080 $0.00 $41.53 $545.03 $59,609.69 7!17/01 7/17/01 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 7/17!01 7/17/01 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 8/2/01 8!2/01 Duedate Event 91005 $0.00 $41.53 $0:00 $59,609.69 8113/01 8/13!01 Loan Create Receivable 91080 $0.00 $42.90 $543.66 $59,609.69 8/17/01 8/17,'01 Late Charge Assessed - ? 2001 $58.65 $0.00 $0.00 $59,609.69 8/17/01 8!17/01 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 9/2/01 9/2101 Duedate Event 91005 $0.00 $42.90 $0.00 $59,609.69 9/13/01 9/12/01 Loan Create Receivable 91080 $0.00 $43.29 $543.27 $59,609.69 9/17/01 9/17/01 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 9/17/01 9/17!01 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 9/22101 9!22101 Deferred lntAssessment 2020 $2,110.42 $0.00 $0.00 $59,609.69 10/2/01 10/2101 Duedate Event 91005 $0.00 $43.29 $0.00 $59,609.69 10/13/01 10/13/01 Loan Create Receivable 91080 $0.00 $43.69 $542.87 $59,609.69 10/17/01 10/17!01 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 10/17/01 10/17101 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 10/29!01 10/29/01 Perf-Frclsr w/Sale Dt Set 4210 $0.00 $0.00 $0.00 $59,609.69 11/2/01 Duedate Event 11/2/01 91005 10.00 $43.69 $0.00 $59,609.69 ` 11/12/01 11/12/01 Loan Create Receivable 91080 $0.00 $44.09 $542.47 $59,609.69 11/17/01 11/17/01 Late Charge Assessad 2001 $58.65 $0.00 $0.00 $59,609.69 11/17/01 11/17/01 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69' 11/28/01 11!28/01 Appraisal Fee Assessed 17 2031 $85.00 $0.00 $0.00 $59,609.69 12/2101 1212101 Duedate Event 91005 $0.00 $44.09 $0.00 $59,609.69 12/14/01 12/13/01 Loan Create Receivable 91080 $0.00 $44.49 $542.07 $59,609.69 12/17/01 12/17!01 Late Charge Assessed 2001 91004 $0.00 $0.00 $0.00 $59,609.69 ? $58.65 $0.00 $5? 9.69.69 ?' F-I El c a a a a 1/13/02 1!13/02 Loan Create Receivable 91080 $0.00 $44.90 $541.66 $59,609:69 1/17102 1117/02 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 1/17/02 1/17/02 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 212/02 2/2102 Duedate Event 91005 $0.00 $44.90 $0.00 $59,609.69 2/10/02 2/10/02 Loan Create Receivable 91080 $0.00 $45.31 $541.25 $59,609.69 2/17/02 2117/02 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 2/17/02 2/17/02 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 3/2/02 3/2/02 Duedate Event 91005 $0.00 $45.31 $0.00 $59,609.69 3/14!02 3113/02 Loan Create Receivable 91080 $0.00 $45.72 $540.84 $59,609.69 3l17lrL2 3/17!02 Late Charge Assessed t L 2001 $58.65 $0.00 $0.00 $59,609.69 91004 $0.00 $0.00 $0.00 $59,609.69 oans 3/17!02 3/17/02 Deliquen 4/3/02 4/2/02 Duedate Event 91005 $0.00 $45.72 $0.00 $59,609.69 4112/02 4112/02 Loan Create Receivable sed A Ch 91080 $0.00 $46.14 $540.42 $59,609.69 2001 $58.65 $0.00 $0.00 $59,609.69 sses arge 4/17102 4!17/02 Late 4!17!02 4/17/02 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 5/2/02 5/2/02 Duedate Event 91005 $0.00 $46.14 $0.00 $59,609.69 5/13/02 5/13/02 Loan Create Receivable 91080 $0.00 $46.56 $540.00 $59,609.69 ? 5!17/02 5/17102 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 11 5/17!02 5/17/02 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,605.69 ? 6/2!02 6/2/02 Duedate Event 91005 $0.00 $46.56 $0.00 $59,609.69 6/12/02 6/12/02 Loan Create Receivable 91080 $0.00 $46.99 $539.57 $59,609.69 ? 6/17/02 6/17/02 Late Charge Assessed 2001 $58.65 $0.00 $0.00 $59,609.69 ? 6/17102 6!17/02 Deliquent Loans 91004 $0.00 $0.00 $0.00 $59,609.69 ? 7/3102 7/2/02 Duedate Event 91005 $0.00 $46.99 $0.00 $59,609.69 Uniform Residential Loan App cation S APP A 0003033043 ""Aim k rlwr r r your by ft ap&arl r (ar. er.ya Aglse, tar W aie b- e'N1s.C y'c.am.re: r .wtr.h4 CaYm.+Y(o+im mu .Ye Y Per lu. W yl.^ie'r L eldrl ?Oy W b®M ?i f.0°o mrr ee0'leawa' (k.1d(i W lmo?l. .p..r.l .ai b. m a a rr Ir bm y tr iE r ee r tr a.yw. wm, .u ey b: w e .tree.. r.rv?.m r er a ee uh.w- ®a a obey s..W W am,.e a i. ®vf rl•ryo ?. W .aNr savee b bul.a e. yaeon z?•wo mare ayy.e b y am0 Fs'.J Ua®yY e.y bW eeaem.rrtr by. nt4 ,KZ+n'?"?:'Ff??^"r::?;:'?Ji .#.rc...:T±:fsi'lBEtl?aSfn. .. :.. : ... - rwir?::':iID'^"`•°'.5fbi.Yif!iri:%x,.r.;G:ESF:Y'"3.f6?;fAY'•n'."?:!_'". ... vt x Cswral our. r"'"N'om` 1 lime G..Neee >RA rmNr. N/A 69-0688654-1 A®,y am.a t.. ,le rMem Ay..ldl.y tee, to os...ar:u t 60, 000.00 11.540 : 300 ? erw Q AuAlm.e m? haveY Ale?(.oyl ep. aeti D)r N. rlb:. 91 Sandbank Rd Shi ensbur PA 17257 1 t+er Dma,lmr arNa fr.Yep l.a.ra.a?tly rren Te f ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND RND COMMONWEALTH OP PENNSYLVANIA BEING MORE FULLY DESCRIBED IN 0000 'Lee o Nudee a ?m ®eme,yw?x ? amee. ? eyayleoe eye Debt -Z a clidatien ® = 0 0 bary Co pkft adt 8me it cowav 4m a commwdl puteavert ja D loprf Aaae ubl4 Lfe ?`r nya Y.m rim I(Mtmrbft y ?fW4•M Compute tbu 6« if taa is a amble ban. IPL T. A-pa r fb+ Am RrbYm liaa ,b,re.rarty.. el.fs..ye. D Uey `J rym 1978 22,000.00 t 56,000.00 Consolidation l TIIY wO ba br/IprW Neyal Ymeb.Or'IL1s.ab bdt 6re.Aa Yldlk BAND ARD VIFS ® !'y Sieb zees r nye rgra, sylee D.my arm Aurmr Pew legler ? {aae sprm "0 aeyr. xy: (beta. y a a 1Pr•u4 Gamw.f. Ms Iiem.h ri U•W1b•N•) Gordon B Luce G. Lucille Luce Sm.l L..y1t11Ybe tby.felwa.l Aaa Ta Sib dmrt+rNebr mN OeM.~ Ay Ye*9 1 114-28-7659 717 530-9835 71 00 091-24-9605 717 530- 98 5 70 ,00 ED a,.vir p ibeeer (ar..:d, am. iee it br o l=® ? Nryl• Qtberr arme..:.w. a.r V auyyl F71 . 0 r..„a ery.o 0 -J as 23/00 N.T.. nm AAbe bee. sYf. e.r. ?a1' oe ae 23 00 Ne Ta Ll o rreaA..e l.r.a eq..Ww7Dl 91 Sandbank Rd 91 Sandbank Rd Shieoenaburs, PA 17257 Shippensburg, PA 17257 V eylm.e r Rya.Abe tr V Ila w.lrw d fYr uts ]bee Ae4e(ya.b'. asy ?) ?M oae N?Ta Fv Anbe lrsa e9. tea 7dl O ow Qae Ne Ya Idey Adze (y.a.W. ara IDI 11. Ya I fume AGLy, IyR de• ya IDl U m.. Ule Ns Ya. wdpwm, t.. 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Ay pn s °r m` 550.0 550.00 Q - r.rl i 567.501, 1.280.5 , 1,848.00 3 611.64 • W ¦.M.•1 yrs.arW ? r <qdM Y ffrlL.lltlr 1 aerie r rs>tirY W ar.rl ef.rrr. _ Da.lk. C<kr bear Nalco Aaam., Wlarpaa r.yrre _. L.<..r.a r,.. ..bu. Q..o+«fr A65ET5 C&A or Muff VafN; ,bw3r W r_. d A uN r .m. .m -.ft m , "WIN rrr Im<. asaMiel +..f . silo aiPa m µ1l., a Oee rkrs <r4 C rrm . m. r .m m.a ti .a.a rr, n p. b9ele M let rr S rv m r 'vm. .kiBr• eyrl?S Cdr°r a.Nbr. t .ub.lorrwr+.<.l.dr.wr r.rrr.f.de :adrdafmpq.°. LIABEUTZS Mmnb eat. a 1L W Y 3'V v.ru a.rer Nrrr,rdcq ihaMaa i O.S. BANK Nr r did. dar. S&L dCrk Qum Aam 66200153177060001 63.00/95 24,815.00 Nr r.m<wda.y.q ilou{I: s Aad m { Mr d,er.. d 5r;.•, Cd llda Aram ? Nr r drre dCmp? 1 rrL/IIm t A.A m 3 Nr d.y1r dl.d. Jkl- C<a4 flim Am.r Nrd rda ac4 s tIMy t Air 3 Rr r asr. dir. ML a om lrm As m Msd.Nr<dC?<W lM Iha t AaA m { . r rclsalmY(C?vrm.>.r.r y sky i - Aa m N<O<°tm°d?m 3haAY t ub r.e.. r.al. hr ?: t s m sas.sd Aad. 3 arl ?.r as1(voma.aYa { 60,000.00 sm.dyaL d,rlwYSrV Aam yr r.r Yr,v hr Mrras?fQgn° 3ha/Yr { 14arO dl?e.M.lam1 (mrrid wfoml s ry..el 3 .? r wboatl A..was,.. al.k..o s ohr Aam {{rev<l i hiOY 0ai10` A tl/831 Total lm Sel.ul9im<IYY<ua<dmLa al aR D<y Q..Sla.4 Total yyot. f Trr Aala? i 60,000.00 srr x.dw ftn 35, 185.00 s 263.00 T?13yrn.? 3 24, 815.00 x C, bm t.J ...:a. .s v /, r d .w rrx IGM r. def. w,<h 0 1O3 ...21 (ftim.at ?'.3 Y< Tk atom r w . 4 ft . ?r q Y «Ied JeYb y rO.adf1 d m.d.l4am.am u a.i.r r tl.avYir w o?ed a°jeur r JN r Srm v a.kAudw q r YIW' pv.y e • oevs r.r d0aair ,<ys.r .9n®r Sarps <n npi.v, db Calma.r <.n1a w mq+ww rm a mr is 9a0 r m{s?<elfall.md r.m°rr r W «..le. Cr.la.1 cKh"w 0Nrl<kq Schedllle Pt Red Fst4ie Owned Iv aamN pep.N. r..ar aamris.41 •• .N.mFr?+rl rir rtlaril . __ I Y.v yr M.b AU. 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Pakm Cen..ce Fln m Canmu.rr Disaauac Ccapaay 3401 Hartsdale Drive Suit. 114 rr'..p Hill. PA. 17011 Prrr.r. F.. IQm IGM °°m"'°•?1i° -Gbrdon E Luce a.mu to npY:.Ym u.Y a iY..ee... a a oas..? tm. c.. n.wei wq..... G. Lucille Luce 69-0688654-1 Total Printed Assets: YW. sp rer r Y Y. tr.r ... es:rY? H e.. eprma . m... ?0-44.?e.1 ar ..o ®: r rtr.e... o... weer d. tr ww.itm. atYr 14 wrs.. ay awls Iml...ti / ) nr v,.Ya rr.. w. 01a PeY 11. Ie.Im) IbD2 - 21 =Ian ry...:. ® APP#: Ot 33043 Addendum to the 1003 if a loan is made by Leader, in addition to authorizing Lender to verify and reverify information contained in the application at any time, whether directly or through a credit reporting agency, I further authorize Lender to use the information obtained for other purposes, including selecting me for offers of other products that are offered by Lender or by Lender's affiliates. r; u%22j. ARACOR Search and Abstract Services, Inc. One Penn Center, 1617.1.F.K. Boulevard, Suite 305 Philadelphia, Pennsylvania 19103 (215) 49610900 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 11/13/2001 Order Number: A55859 Client Number: 01-0525 Premises: 91 SANDBANK ROAD, TOWNSHIP OF SOUTHAMPTON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT `CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North the . aforesaid public road. r EXHIBIT CONTAINING one hundred fifty (150) rods, more or less. 11 G ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 A; TACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A55859 Client Number: 01-0525 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Gordon E. Luce and G. Lucille Luce, his wife by Deed from Harry E. McElwee and Diane P. McElwee, his wife dated 2/21/78 and recorded 3/,3/78 in Deed Book Volume 27-R page 213. Subject to the encumbrances and claims as follows: TAXES: Receipts for Township, County and School Taxes for the years 1998 to 2000, inclusive. Township, County and School Taxes for current year 2001. (Payment should be verified) Assessment $55,150.00 (Tax Parcel # 13-0106-079) WATER AND SEWER RENTS: Receipts for Water and Sewer Rents for the years 1998 to 2000. Water and Sewer Rents for current year 2001. (Payment should be verified) MECHANICS AND MUNICIPAL CLAIMS: None MORTGAGES: 1. $60,000.00 - JUDGMENTS: None BANKRUPTCIES: None Gordon E. Luce and G. Lucille Luce, husband and wife To: Conseco Consumer Discount Company Dated: 3/22/2000 Recorded: 3/27/2000 Mortgage Book 1602 Page 352 Mortgagee's Addr: 3401 Hartzdale Dr, Ste. 118, Camp Hill, PA 17011 - 3 - ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE 'Order Number: A55859 Client Number: 01-0525 REQUIREMENTS/EXCEPTIONS : 1. Possible additional assessment for taxes on any new construction or major improvement to premises. 2. IMPORTANT NOTICE: Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the County, and the Commonwealth of Pennsylvania, Department of Welfare. 3. Subject to any and all recorded Rights, Restrictions, Easements, Covenants, etc., that may appear of record. GP/JC -4- PENNSYLVANIA DEPARTMENT OF REVENUE JUNE 2001 REALTY TRANSFER TAX 2000 COMMON LEVEL RATIO REAL ESTATE VALUATION FACTORS The following real estate valuation factors are based on sales data compiled by the State Tax Equalization Board in 2000. These factors are the mathematical reciprocals of the actual common level ratio. For Pennsylvania Realty Transfer Tax purposes, these factors are applicable for documents accepted from July 1, 2001 to June 30, 2002, except as indicated below. The date of acceptance of a document is rebuttably presumed to be its date of execution, that is, the date specified in the body of the document as the date of the instrument (61 Pa. Code § 91.102). COMMON COMMON COMMON LEVEL LEVEL LEVEL COUNTY RATIO FACTOR COUNTY RATIO FACTOR COUNTY RATIO FACTOR Adams 2.60 Elk 5.44 Montour 10.64 *Allegheny 1.00 Erie 12.20 Northampton 2.11 Armstrong 2.30 **Fayette 3.33 ** Northumberland 7.35 Beaver 2.85 Forest 4.08 * Perry 1.00 **Bedford 4.27 **Franklin 5.80 Philadelphia 3.48 Berks 1.06 Fulton 6.80 Pike 3.46 Blair 9.90 Greene 3.83 Potter 9.26 Bradford 2.17 Huntingdon 5.71 Schuylkill 2.17 Bucks 24.39 Indiana 6.67 Snyder 5.53 Butler 8.48 Jefferson 5.16 Somerset 2.23 Cambria 5.75 Juniata 7.58 Sullivan 4.13 Cameron 2.49 Lackawanna 4.79 Susquehanna 2.11 *Carbon 2.00 Lancaster 1.09 Tioga 3.18 Centre 2.39 Lawrence 6.02 Union 5.59 Chester 1.17 Lebanon 10.99 * Venango 1.00 Clarion 4.79 Lehigh 2.12 Warren 2.69 Clearfield 4.46 Luzerne 12.99 Washington 5.65 Clinton 3.37 Lycoming 1.44 Wayne 11.36 Columbia 2.81 McKean 4.20 Westmoreland 4.33 Crawford 2.82 Mercer 10.87 Wyoming 3.55 *Cumberland 1.00 Mifflin 1.89 York 1.09 Dauphin 1.85 Monroe 4.41 Delaware 1.03 Montgomery 1.12 • Adjusted by the Department of Revenue to reflect assessment base change effective January 1, 2001. •*Adjusted by the Department of Revenue to reflect assessment ratio change effective January 1, 2001. EXHIBIT H COMROE HING LLP Attorney for Plaintiff BY: Blair Kalish Adler, Esquire I.D. No. 85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215) 568-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONSECO CONSUMER DISCOUNT COMPANY c/o CONSECO FINANCE CORPORATION Plaintiff NO. 2002-1458 VS. GORDON E. LUCE & GERTRUDE LUCE, aka G. LUCILLE LUCE Defendants. CERTIFICATE OF SERVICE I, Blair Kalish Adler, Esquire, hereby certify that I caused a true and correct copy of Plaintiff Conseco Consumer Discount Company's Motion for Summary Judgment and Memorandum in Support thereof, to be sent, via first class mail, postage prepaid, upon the following counsel of record: James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 COMROE HING LLP BY: ? ? u Blair Kalish Adler, Esquire Dated: f I l 5 / , 2002 C O O 71 y^ fl l / (r (_f(t z -1-7T :poll(' annbsg `jaipV us!" jieiH l :AU d'I'I JDMIH aOXWOO £IOLI dd `ais?ijeO laagS uid ulnoS 8Z ajmbsg `uosutgog 'ICI saun'f :pjoooj 3o iasunoo Sumtolloi am uodn `ptedajd a8u;sod `itnuz SSW lslu BIA `joulaw MaN sluepuajaQ of 1,1do-d s,fuodutoO lunoosta aaumsuoO ooasuoO jiiluieid 3o Moo loauoo pue anal a pasnzo I lop 4pjao Agojag `aimbsq `jaipd usiiex .TIfl `I ?OIA2I?S 30 ?Z??I3IZ?I?O •sluepua3aQ aOfirl 91113M *9 e3w`gOfYI aanxi-Iag V a3fn .g 1%10ax09 *SA 33Tluireid 85t,l-ZOOZ 'ON NOI,Ld2IO(MOD goxvNId OOaSNOa 0/3 xxvdwoo ,LNf10OSI(l -dawfISNOO 009SNOO A.LNf10O aNVgUaMflO 30 Sda'Id IgOWWOO 3011MOO MU NI 33tluleid 103 Aaujoud 00t,0-89S (SIZ) £0161 dd `'I0I3Pe1Tud 00£ al?nS `laajlS inuptA 8091 L99S8 'ON'Q'I ajmbsg `jaipV gstle?I jneig •Ag d'TI DNIH a02 WOD PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Conseco Consumer Discount Company c/o Conseco Finance Corporation (Plaintiff) V5. Gordon E. Luce & Gertrude Luce, aka G. Lucille Luce (Defendant) No. 1458 Civil ig 2002 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to camp aint, etc.): 2. Identify counsel who will argue case: (a) for plaintiff: Blair Kalish Adler, Esquire Address: 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (b) for defendant: James M. Robinson, Esquire Address: 28 South Pitt Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date: February 12, 2003 Plaintiff hereby requests that this matter would be decided on the pleadings i without the need for Oral Argument. Dated: I Q? ' ??J 1 6 )- Attorney for plain ' ff Comroe Hing LLP By: Blair Kalish Adler, Esquire Identification No.:85667 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 215-568-0400 CONSECO CONSUMER DISCOUNT COMPANY C/O CONSECO FINANCE CORPORATION Plaintiff Vs. GORDON E. LUCE & GERTRUDE LUCE, AKA G. LUCILLE LUCE Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW No. 2002-1458 CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the enclosed Argument Praecipe was made to all parties of record listed below, Via First Class Mail, postage prepaid, upon the following counsel of record: James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 COMROE HING LLP BY: ? 'L // j Blair Kalish Adler, Esquire Dated: °2 / °? 3 2002 rnn Vii,; c 3 " Tr Cam' W f .-r7 C mow. ,.- -.. 'a CIO t7? R? CONSECO CONSUMER : IN THE COURT OF COMMON PLEAS OF DISCOUNT COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA V. GORDON E. LUCE and NO. 2002-1458 CIVIL GERTRUDE LUCE, aka G. LUCILLE LUCE l1Y fXL ..-.a.. i. . -- - - - - - -- BEFORE GUIDO, J. ORDER OF COURT AND NOW, this day of APRIL, 2003, Defendants M tion for Summary Judgment in Mortgage Foreclosure is GRANTED in the am?unt of $70,901.40 plus interest, late charges and costs. By Edward E. Guido, J. Blair Kalish Adler, Esquire 1608 Walnut Street, Suite 300 Philadelphia, Pa. 19103-5446 James M. Robinson, Esquire 28 South Pitt Street Carlisle, Pa. 17013 ,?=aapue /h '? Q ?, 60 sid f(:t f oul e r J f L' NSECO CONSUMER CUMBERLAIN THE CO NDT Or COMMON CO COUNTY PEN DISCOUNT COMPANY V. ' N E. LUCE and NO. 2002-1458 CIVIL GORDO GERTRUDE LUCE, aka G. LUCILLE LUCE ' BEFORE GUIDO ]. OPINION AND ORDER OF COURT The instant action was commenced by a complaint in Mort! foreclosure filed on March 25, 2002. Currently before us is plaints summary judgment. Each party has filed a brief and this matter' disposition. STANDARD OF REVIEW Pennsylvania Rule of Civil Procedure 1035.2 provides, in follows: Rule 1035.2 After the relevant pleadings are closed, but w not to unreasonably delay trial, any party ma) summary judgment in whole or in part as a rr AS OF LVANIA motion for now ready for part, as thin such time as move for latter of law of a ion materiadefense l fact as (1) whenever there is no genuine issue of an), cause to a necessary element of the or expert which could be established by additional iscovery report, or NO. 2002-1458 CIVIL (2) if, after the completion of discovery relevant to 11 including the production of expert reports, an a who will bear the burden of proof at trial has fai product evidence of facts essential to the cause. defense which in a jury trial would require the i submitted to a jury. Pa. R.C.P. 1035.2. In determining whether to grant a motion for ;he motion, Iverse party led to of action or sues to be mary judgment we must view the record in the light most favorable to the non-moving party. Ertel v. Patriot News Co., 544 Pa. 93, 674 A.2d 1038 (1966). Summary judgment may only be granted in cases that are clear and free Ex Rel. Hoffman v. Pellak, 764 A.2d 64 (Pa.Super. 2000). FACTUAL BACKGROUND The facts are not in dispute. The defendants own real Southampton Township Cumberland County, Pennsylvania with imps thereon erected known and numbered as 91 Sandbank Road. On lu 2000, they executed a note in the amount of $60,000 in favor of ply note called for monthly payments to be made in the amount of $61 secured by a mortgage on the above real estate. Defendants have' any payments since July 1, 2001. DISCUSSION Defendants concede that they are unable to make the due on the note and mortgage. In fact, they raise that inability as doubt. J.H. located in rch 22, ntiff. The 1.64 and was not made payments r only 2 ` NO. 2002-1458 CIVIL defense to this action. They contend that the note and mortgage a unenforceable because of plaintiff's "predatory lending practices"'. Defendants rely on the Mortgage Bankers and Brokers and Equity Protection Act to support their position.Z Specifically, they rely on Section 512(b) which provides in relevant part: No lending without due regard to repaym nt ability. - A lender shall not engage in a pattern or practice o making covered loans based on the consumer's collateral ithout regard to the consumer's repayment ability, including, but not limited to, the consumer's current and expected income, c rrent obligations as disclosed to the lender by the loan a plication and the consumer's credit report, employment stat is and other financial resources other than the obligor's equity i the dwelling which secures repayment of the loan. 63 P.S. § 456.512(b). However, Section 512 did not become law until June 25, 2002, more then two years after the transaction in question.3 Therefore, defendants' reliance is misplaced. Defendants have not cited, nor have we found, any other authority to support their position that plaintiff's alleged predatory lending practices operate as a defense to this action. Therefore, we have no alternative but to grant the instant motion for summary judgment. ' Defendants' brief raises additional defenses, including plaintiff's failure "to provide de endants with a Federal Truth in Lending Statement and a Notice of Right of Recession". However, these defenses were not previously raised in the pleadings, nor are they supported by anything in the record defined by Pa. R.C.P. 1035.1. Therefore, they cannot be considered by us in disposing of this motion. 2 63 P.S. § 456.101. 3 Section 512 was added to the Mortgage Bankers and Brokers and Consumer Equity Pr tection Act on June 25, 2001, "effective in one year." See 63 P.S. § 456.512. NO. 2002-1458 CIVIL G ORDER OF COURT AND NOW, this A * day of APRIL, 2003, Defendants ion for Summary Judgment in Mortgage Foreclosure is GRANTED in the amount of $70,901.40 plus interest, late charges and costs. By the Court, Edward E. Gu Blair Kalish Adler, Esquire 1608 Walnut Street, Suite 300 Philadelphia, Pa. 19103-5446 James M. Robinson, Esquire 28 South Pitt Street Carlisle, Pa. 17013 sid J. 4 KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire Terence M. Pitt, Esquire IDENTIFICATION NO. 25435\62610 446 North Lane - Box 812 Conshohocken, PA 19428 (610)940-2300 MICHALENE A. PETICCA and JEFFREY L. PETICCA VS. DENNIS D. DIAZ, M.D., F.A.C.S., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT; CENTRAL PENN EAR, NOSE AND THROAT, INC., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT ATTORNEY FOR: Defendant, Dennis D. Diaz, M.D. Central Penn Ear, Nose and Throat. Central Penn Ear, Nose and Throat, Inc. COURT OF' COMMON PLEAS CUMBERLAND COUNTY NO.: 03-1458 O R D E R AND NOW, this Day of 2003, upon consideration of Plaintiffs' Motion for Leave to Amend Complaint Pursuant to Pa.R.C.P. 1033 and the Response of Defendants, Dennis Diaz, M.D., Central Penn Ear, Nose and Throat and Central Penn Ear, Nose and Throat, Inc., hereto, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs' Requested Motion for Leave to Amend the Complaint beyond the two year Statute of Limitation which would run out on July 26, 2004 is DENIED. BY THE COURT: J. KEVIN H. WRIGHT & ASSOCIATES BY: Kevin N. Wright, Esquire Terence M. Pitt, Esquire IDENTIFICATION NO. 25435\62610 446 North Lane - Box 812 Conshohocken, PA 19428 (610)940-2300 ATTORNEY FOR: Defendant, Dennis D. Diaz, M.D. Central Penn Ear, Nose and Throat. Central Penn Ear, Now and Throat, Inc. MICHALENE A. PETICCA and COURT OF' COMMON PLEAS JEFFREY L. PETICCA CUMBERLAND COUNTY VS. DENNIS D. DIAZ, M.D., F.A.C.S., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT; CENTRAL PENN EAR, NOSE AND THROAT, INC., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT NO.: 03-1458 RESPONSE OF DEFENDANTS, DENNIS DIAZ, M.D., CENTRAL PENN EAR, NOSE AND THROAT AND CENTRAL PENN EAR, NOSE AND THROAT, INC., TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT PURSUANT TO PA.R.C.P. 1033 1. Admitted. 2. Admitted. 3. It is admitted that the discovery is still outstanding, however, the defendant doctor is now living in the State of Washington and makes it difficult to get responses. These responses will be forwarded to plaintiffs' counsel by the end of November, 2003. 4. Responding defendants have no reason to doubt the need for plaintiff to take depositions. 5. Denied. If plaintiffs' counsel wants to amend their Complaint, they will be able to do so because the Statute of Limitations does not run out until July 2004. However, answering defendants do not believe that punitive damages will ever belong in this case, nor will any claim for intentional, fraud and misrepresentation. 6. Denied. Defendants will be prejudiced if plaintiffs are allowed to amend their Complaint outside the two year Statute of Limitations. 7. Admitted. 8. Admitted because counsel for defendants was on trial from October 17, 2003 until and including November 18, 2003. responding defendants respectfully request that this Honorable Court enter the attached Order and deny Plaintiffs' Requested Motion for Leave to Amend the Complaint beyond the two year Statute of Limitation which would run out on July 26, 2004. Respectfully submitted, KEVIN H.. WRIGHT & ASSOCIATES BY: ??/Y C! Y/ Gfi Kevin H. Wright Terence M. Pitt Attorney for Defendants Dennis Diaz, M.D. Central Penn, Ear, Nose and Throat and Central Perin, Ear, Nose and Throat, Inc. KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire Terence M. Pitt, Esquire ATTORNEY FOR: Defendant, IDENTIFICATION NO. 25435\62610 Dennis D. Diaz, M.D. 446 North Law - Box 812 Central Penn Ear, Nose and Throat. Conshohocken, PA 19428 Central Penn Ear, Now and Throat, Inc. (610)940-2300 MICHALENE A. PETICCA and COURT OF COMMON PLEAS JEFFREY L. PETICCA CUMBERLAND COUNTY VS. DENNIS D. DIAZ, M.D., F.A.C.S., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT; CENTRAL PENN EAR, NOSE AND THROAT, INC., individually and t/d/b/a CENTRAL PENN EAR, NOSE AND THROAT NO.: 03-1458 CERTIFICATE OF SERVICE I, Terence M. Pitt, Esquire, do hereby certify that a copy of the within Response of Defendants, Dennis Diaz, M.D., Central Penn, Ear, Nose and Throat and Central Penn Ear, Nose and Throat, Inc., to Plaintiffs' Motion for Leave to Amend the Complaint Pursuant to Pa.R.C.P. 1033, was served upon all counsel by regular, first-class, postage pre-paid mail. Respectfully submitted, DATE: KEVIN H. WRIGHT & ASSOCIATES By. Kevin r?. AWright ` Terence M. Pitt Attorney for Defendants Dennis Diaz, M.D. Central Penn Ear, Nose & Throat and Central Penn Ear Nose & Throat, Inc. V E R I F I C A T I O N The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of therm is true. This verification is made subject to the penalties of 18 PA C.S.D. 4904 relating to unsworn falsification. Terence M. Pitt c. _. ?,. T} (F m,, Z.r _r,.. C'i'^ ._ ?... fol. t=i' ?_: ??-' `? r ?? .. s' . J _-. -G (v :< Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Judgment was entered by Court Order on April 8, 2003, in the amount of $70,901.40 plus interest, late charges and costs. Therefore, please assess damages to the date of sheriff's sale, September 8, 2004 as follows: (a)Judgment amount as of 4/8/03 $70,901.40 (b) Interest from 4/8/03 to 9/8/04 @ 10.96°% $11,028.13 (c) Late Charges at $58.66 per month from $1,055.88 4/1/03 to to 9/8/04. $0.00 (c) Interest from 06/02/2001 through $19,490.78 05/10/2004 at $18.15 (d) Total Escrow Deficit to date $0.00 (e) Reasonable Attorney's fees as in the above $2,980.48 stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work performed. (f) Title Report $335.00 (g) Court Filing Charges (h) Uncollected Late Charge(s) $2,110.42 (i) Escrow Credit $0.00 TOTAL AMOUNT DUE $86,520.81 DATED: May 10, 2004 Respectfully submitted, Comro ing LLP BY: Davi B.mP, F '9 quire Attorney for Plaintiff Damages assessed as above this (3+? day of 20 Dy. Pro Prothonotary 2 c e a ? F t a°Ln`0 a lll ro a aatiP p a 0 roe Hing LLP e.F By: David B. Comroe 1700 Market Street, Suite 1400 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 ACTION OF FORECLOSURE Term No. 02-1458-civil term Defendants ............................................................. ............................................................. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave, Carlisle, Pa 17013 (717)249-3166 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA PECHA DE ESTE AVISO. SE PUEDE REGISTRAR UNA SEN-TENCIA CONTRA USTED. SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEQAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO. DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: Cumberland County Bar Association 2 Liberty Ave, Carlisle, Pa 17013 (717)249-3166 DATE OF SERVICE: May 29, 2002 T. :i?;'C•u?3P,'-grC,?r ? ,, ; ;' ,, :n01'f `?C1J RJR Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff vs. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term Certification of Service David B. Comroe, Esquire, Attorney for Plaintiff in the above captioned matter, being duly sworn according to law certifies that Notices of Intention to Take Judgement, as set forth in PA R.C.P., 237.1 served upon the Defendants by Certified Mail and Regular, First-class Mailloo May 29, 2004. David B. Comroe, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me day this)?+So of 2004. Notary Public ETHER:ESA TARiAL SEAL KIESEL Ntar o delphia, Phila pnbl1 n Expires Au us, 15 r ?, Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term Defendants .............................................................. .............................................................. CERTIFICATION David B. Comroe, Esq., Attorney for Plaintiff in the above captioned matter, hereby certifies that the provisions of the Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended, December 23, 1983 have been met. roe, Esquire Attorney for Plaintiff Sworn to and sub cribed before me 44 this lI_ day of ? 2004. 0 ??*,t Notary Public I NOTARIAL SEAL THERESA A KIESEL, Notary Public City of Philadelphia, Phila County My Commission Expires August 15, 2005 CONSECO CONSUMER DISCOUNT COMPANY V. GORDON E. LUCE and GERTRUDE LUCE, aka G. LUCILLE LUCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1458 CIVIL IN RE : PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - - -------- -- - BEFORE GUIDO, J. ORDER OF COURT AND NOW, this day of APRIL, 2003, Defendants Motion for Summary Judgment in Mortgage Foreclosure is GRANTED in the amount of $70,901.40 plus interest, late charges and costs. Edward E. Guido, J. Blair Kalish Adler, Esquire 1608 Walnut Street, Suite 300 Philadelphia, Pa. 19103-5446 James M. Robinson, Esquire 28 South Pitt Street Carlisle, Pa. 17013 sld MIJE COPY FROM RECORD in T%iki y whe aO, I here unto ad my hand arr, t sal of said Court at Carlisle, Pa. rte 9- nor vl Zo-a3. JJ P?Irile?r'?+AM.11 NON-MILITARY AFFIDAVIT COMMONWEALTH OF Pennsylvania COUNTY OF Philadelphia SS RE: DAVID B. COMROE, ESOUIRE, being first duly sworn on oath deposes and says: 1. That I am the attorney for the Plaintiff here as servicer of the mortgage. 2. That the captioned individuals are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover the facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, that captioned titleholders are not incompetent or in any branch of the military service. DAVID B: CO E, ES?Utxr _,_ Sworn to and subscribed before me this !i th day of 4 , NOTARY PUBL C NOTARIAL SEAL I THERESA A KIESEL Notary Public } City of Philadelpha, Phila County i My Commission Expves August 15. 2005 A e o = , PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff Vs. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: PREMISES: 91 Sandbank Road, Shippensburg, PA, 17257 See Exhibit "A" attached (Costs to be added) AMOUNT DUE $70,901.40/ Interest from 4/8/03 to 9/8/04 @ 10.960 $11,028.13 Late Charges at $58.66 per month from $ 1.055.88 4/1/03 to 9/8/04 Interest from 06/02/01 through 05/10/04 $19,490.78 at $18.15 total Escrow Deficit to date $ 0.00 Reasonable Attorney's fees as in the $2,980.48 above stated amount reflect third party sale only. If the Mortgagor reinstates the account, attorney's fees will be reasonable based upon work perfomed. title Report $ 335.00 Court Filing Charges $ Uncollected Late Charge (s) $2,110.42 Escrow Credit $ 0.00 TOTAL AMOUNT DUE $86,520.81 David';. aComrLoe, Attorney for Plaintiff 2 ?rj Pz t i ? N Q C ? GCF ' o -o -tom F- w J? W cl? lic, DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT `CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1458 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO CONSUMER DISCOUNT COMPANY C/O CONSECO FINANCE CORPORATION, Plaintiff (s) From GORDON E. LUCE AND GERTRUDE LUCE, AKA G. LUCILLE LUCE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,901.40 L.L. $.50 Interest FROM 4/8/03 TO 9/8/04 @ 10.96% - $11,028.13 -- FROM 6/2/01 THROUGH 5110104 AT $18.15 - $19,490.78 Atty's Comm % Due Prothy $1.00 Arty Paid $129.11 Other Costs LATE CHARGES AT $58.66 PER MONTH FROM 4/1/03 TO 9/8/04 - $1,055.88 --- ATTORNEY'S FEES - $2,980.48 --- TITLE REPORT - $335.00 -- UNCOLLECTED LATE CHARGE - $2,110.42 Plaintiff Paid Date: MAY 13, 2004 CURTIS R. LONG Prothonota?j y?J (Sea]) ? Deputy C. REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff V5. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term Defendants .............................................................. .............................................................. AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 91 Sandbank Road, Shippensburg, PA, 17257: 1. Name and address of Owners or Reputed Owners: Gordon E. Luce 91 Sandbank Road Shippensburg PA 17257 Gertrude Luce aka G. Lucille Luce 91 Sandbank Road Shippensburg PA 17257 1 2. Name and address of Defendants in the judgment: Date Service Code Gordon E. Luce 91 Sandbank Road Shippensburg PA 17257 Gertrude Luce aka G. Lucille Luce 91 Sandbank Road Shippensburg PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of every mortgage of record: Date Service Code 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. IDate (Service Code 2 Family Court /, Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 Commonwealth of Pennsylvania Department of Welfare iI P.O. Box 2675 3 Harrisburg PA 17105 Commonwealth of Pennsylvania Bureau of Child Support 611Oloq 3 Enforcement P.O. Box 320 Carlisle PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Plaintiff 3 F m l C I ?' E m VII ? ` I § Dm =U I ? " m m _ o &? z d N I (? ?Ji I. ? I I I I Io p W ? q ai , u 8?Mh W ! a m A'i c z43. 3z v°Sw"c m ? 'y w 0.Y i \ I ? ? a U ?t f V ,, y m .J v? E ? a m a° z' I Y ED?? fq??? G I I `? ~? ? a ?? - ? >V I ? a A' EY .? j rJ I Em M z I? v E z N ? vi n N m T O 3 W 4 v V T N D' C N N O O N d N N O N yv.S mTd 'ry -? ass sass omd$„0Gs odA???gd m:o"p3o 0 `mo =o o ? od?da? m?s?N?o 3.3 d?3=?xa ,.mmn3 30 -3 a_.?mm y ? C N ? ? O s????¢v 5 a - 6 a???ad Z g 5 3 g 3 sS;,;3 N ?- 3 'n35d3? nmgR =_ _ am ??-'o'?oA -n 4: Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff Term VS. No. 02-1458-civil term Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Defendants .............................................................. .............................................................. AFFIDAVIT PURSUANT TO RULE 3129.2 AND RETURN OF SERVICE PURSUANT TO PA R.C.P. 405 OF NOTICE OF SALE David B. Comroe, Esq., Attorney for Plaintiff, Conseco Consumer Discount Company sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 91 Sandbank Road, Shippensburg, PA, 17257 to be sold at Sheriff's Sale on September 8, 2004. As required by PA R.C.P. 3129.2 (a) Notice of 4 Sale has been given in the manner required by PA R.C.P. 3129.2 (c) on each of the persons or parties named at the addresses set forth below on the date and in the manner noted in the margin by the names of each and copies of each notice together with return receipts or proof of mailing are attached as Exhibits. The manner of service, as noted in the margin, utilizes the following codes: 1. Personal Service by the Sheriff or in accordance with Pennsylvania Rule of Civil Procedure 400.1. 2. Certified mail-return receipt attached 3. First Class Mail-Certificate 3817 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 10, 2004 David B. Comroe Attorney for Plaintiff 5 " T-1 G? cn Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Identification No.: 25694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-1458-civil term Defendants ............................................................ ............................................................ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gordon E. Luce, Gertrude Luce, aka G. Lucille Luce Your property at 91 Sandbank Road, Shippensburg, PA, 17257 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on September 8, 2004, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $86,520.81 obtained by Conseco Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland County Sheriff's Office at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Office at 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. 3 DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT'CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the . aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT',CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 N c ? l :° ! '? -? 1l l ;-: ._... "i r. 4i C.'1 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Tree Consumer Disc Co is the € rantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue: of a writ Execution issued on the 13th day of May, A.D., 202004, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1458, at the suit of Conseco C D C against Gordon 1? Luce & Gertrude aka G Lucille is duly recorded in Sheriff's Deed Book No. 265, Page 4008. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office; this f ? day of A..D2004 n of Deeds 14 Conseco Consumer Discount Company c/o In The Court of Common Pleas of Conseco Finance Corporation Cumberland County, Pennsylvania VS Writ No. 2002-1458 Civil Term Gordon E. Luce and Gertrude Luce a/k/a G. Lucille Luce Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2004 at 3:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Gordon E. Luce and Gertrude Luce a/k/a G. Lucille Luce, by making known unto Gordon Luce, personally and husband of Gertrude Luce, at 91 Sandbank Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 7:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gordon E. Luce and Gertrude Luce a/k/a G. Lucille Luce located 91 Sandbank Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Gordon E. Luce and Gertrude Luce a/kJa G. Lucille Luce, by regular mail to their last known address of 91 Sandbank Road, Shippensburg, PA 17257. These letters were mailed under the date of July 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $40,000.00 to Attorney David B. Comroe for Green Tree Consumer Discount Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 S. Kyrene Road, Tempe AZ 85282, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $5500.00. Sheriffs Costs: Docketing $30.00 Poundage 800.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.88 Levy 30.00 Surcharge 40.00 Law Journal 339.80 Patriot News 309.43 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1768.60 Sworn and subscribed to before me This ? 9`5?day of 6? 2004, A.D. r?b rothonotary So s• p' ? •s"-pw-e< R. Thomas Kline, Sheriff BY Dry Real Est & Deputy 0111 - P111- 3b' ? 1, SCHEDULE OF DISTRIBUTION SALE NO. 34 Date Filed: October 08, 2004 Writ No. 2002-1458 Civil Term Conseco Consumer Discount Company c/o Conseco Finance Corporation VS Gordon E. Luce and Gertrude Luce a/k/a G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 Sale Date: September 08, 2004 Buyer: Attorney David B. Comroe for Green Tree Consumer Discount Company Bid Price: $40,000.00 Real Debt: $70,901.40 Interest: 30,518.91 Attorney Costs: 129.11 Uncollected Late Fees: 2,110.42 Title Report 335.00 Late Fees 2,980.48 Total: $106,975.32 DISTRIBUTION: Receipts: Cash on account (06/10/04): $ 1,500.00 Cash on account (09/10/04): 4,000.00 Credit Writ 2002-1458 CT: 34,500.00 Total Receipts: $40,000.00 Disbursements: Sheriffs Costs $ 1,768.60 Legal Search 400.00 Vivian Coy, Tax Collector 494.77 Attorney David Comroe 2,836.63 Credit Writ 2002-1458 CT 34,500.00 Total Disbursements: ($40,000.00) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAI. IS PRODUCED. SHERIFF SALE NO. 34 Held Wednesday, September 8, 2004 Date: September 8, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2004, and recorded , 2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Harry E. McElwee and Diane P. McElwee, his wife, by deed dated February 21, 1978 and recorded March 3, 1978 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "R," Volume 27, Page 213, granted and conveyed to Gordon E. Luce and G. Lucille Luce, his wife. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Township Road T-317, known as the road from Helm Saw Mill to Big Pond Furnace. 6. Under and subject to right-of-way granted in Deed Book "F," Volume 14, Page 126 for purpose of getting timber out of lands now or formerly of Delilah E. Eckenrode, et al. 7. Mortgage in the amount of $60,000.00 given Gordon E. Luce and G. Lucille Luce to Conseco Finance Consumer Discount Company dated March 22, 2000 and recorded March 27, 2000 in Mortgage Book 1602, page 352. Complaint in mortgage foreclosure filed by Conseco Consumer Discount Company as Plaintiff, against Gordon E. Luce and Gertrude Luce, also known as G. Lucille Luce as Defendants, on March 25, 2002 in the Office of the Prothonotary of Cumberland County to File No. 2002-1458. Judgment in the amount of $70,901.40 entered April 8, 2003. Order reassigning damages in the amount of $70,901.00 entered May 13, 2004. 8. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 9. Real estate taxes accruing on and after January 1, 2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or bi until countersigned by an authorized signatory. REAL ESTATE SALE NO. 34 Writ No. 2002-1458 Civil Conseco Consumer Discount Company, c/o Conseco Finance Corporation VS. Gordon E. Luce and Gertrude Luce, a/k/a G. Lucille Luce Atty.: David Comroe DESCRIPTION ALL. THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, ;East seven (7) rods to a post; thence: South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along :lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and l.og two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT CERTAIN lot of sprout land situate in Southampton Town- ship, Cumberland County, Pennsyl- vania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON' the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Tay- lor; and on the North by the afore- said public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a par- cel of the above tract of land con- taining 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Re- corder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Rich- ard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel #13-0106-079. I Comroe Hing LLP By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Identification No.: 25694 Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. C2-1458-civil term Defendants .............................................................. .............................................................. AFFIDAVIT PURSUANT TO RULE 3129.1 Conseco Consumer Discount Company, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 91 Sandbank Road, Shippensburg, PA, 17257: 1. Name and address of Owners or Reputed Owners: Gordon E. Luce 91 Sandbank Road Shippensburg PA 17257 Gertrude Luce aka G. Lucille Luce 91 Sandbank Road Shippensburg PA 17257 1 2. Name and address of Defendants in the judgment: Date Service Code Gordon E. Luce 91 Sandbank Road Shippensburg PA 17257 Gertrude Luce aka G. Lucille Luce 91 Sandbank Road Shippensburg PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Date Service Code 4. Name and address of the last recorded holder of everv mortgage of record: Date Service Code 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Date Service Code 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. Date Service Code I 2 Family Court Domestic Relations Division One Courthouse Square Carlisle PA 17013-3387 Commonwealth of Pennsylvania Department of Welfare i? P.O. Box 2675 .3 Harrisburg PA 17105 Commonwealth of Pennsylvania Bureau of Child Support she) It 41 3 Enforcement P.O. Box 320 Carlisle PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Sf1O D Plaintiff 3 i i ?LL? (DI LL. 1 L:l ;#ggy3 ^? I U y L ?CYJ c3 111 f31?h..l 41 E IJ9 j 0 °LL ! uo1u ?4a?u! ? ? AJeA m d (DO m o ll E r? C ..i m L W = e ?•m m` O O V a =U I . m c O mE m CU, a ? a m X_ mY?m y.0. LL a??asao CD 0 U) c L m (L r f Z ` E °-' O U -? - L?/yl ?I ? _ 1 ! 3 _ 3 ! d o O mU a N I 1 cr, i 0 m? E ,d 1 I I ! i Q 1) m a: (1) ? ? ? ? .yam.. f4 . i I - Z N 4 m 1 ; f I i I s , ? `o 2 E p U a d ~ > N f `4 0 75 Y Oc?ows I i ! E U 1 I I ?? N m m? ? a . `oo CL ;b d J J Q O N ( n D 11 / v 0m Q V ? ` Y 0 m ? T Za cc .?- I m m in rn N c-i V un CO (? Comroe Hing LLP Identification No.: 25694 By: David B. Comroe 1608 Walnut Street, Suite 300 Philadelphia, PA 19103 (215)568-0400 Attorney for Plaintiff Conseco Consumer Discount Company c/o Conseco Finance Corporation 7360 S. Kyrene Road, MSD Foreclosure Unit Tempe, AZ 85282 Plaintiff VS. Gordon E. Luce 91 Sandbank Road Shippensburg, PA 17257 Gertrude Luce, aka G. Lucille Luce 91 Sandbank Road Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF? MORTGAGE FORECLOSURE Term No. 02-1458-civil term Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gordon E. Luce, Gertrude Luce, aka G. Lucille Luce Your property at 91 Sandbank Road, Shippensburg, PA, 17257 in CUMBERLAND County, Pennsylvania is scheduled to be sold at Sheriff's Sale on September 8, 2004, at 10:00 AM, in CUMBERLAND County to enforce the Court Judgment of $86,520.81 obtained by Conseco Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Comroe Hing LLP, attorneys for the Plaintiff, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: (215)568-0400 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the greater chance you will have of stopping the sale. (See notice below to find cut how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Cumberland County Sheriff's Office at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Office at 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened-. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale date. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exemptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immed:_ately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END. 3 DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. l: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a po&'; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT `.CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Taylor; and on the North by the . aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with inaprovements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, morn or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT'CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F, Taylor; and on the North by the . aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a parcel of the above tract of land containing 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, bit their deed dated September 6, 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I"., Volume 25, Page 691, to Richard L. Davidson and Deborah A. Davidson, his wife. Tax Parcel # 13-0106-079 6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1458 Civil COUNTY OF CUMBERLAND) ? CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSECO CONSUMER DISCOUNT COMPANY C/O CONSECO FINANCE CORPORATION, Plaintiff (s) From GORDON E. LUCE AND GERTRUDE LUCE, AKA G. LUCILLE LUCE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,901.40 L.L. $.50 Interest FROM 4/8/03 TO 9/8/04 @ 10.96% - $11,028.13 --- FROM 6/2/01 THROUGH 5/10/04 AT $18.15 - $19,490.78 Atty's Comm % Due Prothy $1.00 Atty Paid $129.11 Other Costs LATE CHARGES AT $58.66 PER MONTH FROM 4/1/03 TO 9/8/04 - $1,055.88 --- ATTORNEY'S FEES - $2,980.48 --- TITLE REPORT - $335.00 -- UNCOLLECTED LATE CHARGE - $2,110.42 Plaintiff Paid Date: MAY 13, 2004 CURTIS R. LONG Prothonotal (Seal) B Deputy REQUESTING PARTY: Name DAVID B. COMROE, ESQUIRE Address: COMROE HING LLP 1608 WALNUT STREET, SUITE 300 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-568-0400 Supreme Court ID No. 25694 Real Estate Sale #34 On June 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 91 Sandbank Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 By:J ??A Real Esta Deputy j ?.] szW Avg AIN6t, :.taE,3 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pem-isylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION/ .......................... COPY Sworn to and subscribed befor d day of August,2-?4 A.D. S A L E 0A NOTARIAL / Terry L. Russell, ry REAL ESTATE SALE No. 34 City of Harrisburg, Daup Writ No. 2002-1458 My Commission Expires June 6. 2 Y PUBLIC Civil Term Conseco Consumer Discount Membar, PennsylvaniaAssoci 1 86%K'Nion expires June 6, 2006 Company c% Conseco Finance Corporation Vs CUMBERLAND COUNTY SHERIFFS OFFICE Gordon E. Luce and CUMBERLAND COUNTY COURTHOUSE Gertrude Luce a/k/a G. Lucille Luce CARLISLE, PA. 17013 Atty: David Comma DESCRIPTION Statement of Advertising Costs ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in To THE PATRIOT-NEWS CO. South-ampton Township, Cumberland County, Pennsylvania, bounded and described as follows: For publishing the notice or publication attached TRACT NO. l: BEGINNING at a stone in hereto on the above stated dates 309.43 the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Fumace: thence along said Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, road, East seven (7) rods to a post; thence South along lands formerly of Christopher Helm, of which this was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of By ........................................................•.......... Highlands Heirs to the place of BEGINNING. CONTAINING about seventy and one-half (70 0) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT CERTAIN lot of sprout land situate in Southampton Township, Cumberland County, Pennsylvania, along public road, Township Route 317, being also kown as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or tormerly =,i George Eckenrode; on the South by lands now or form-erly of John Russell; on the West by lands now or formerly of P.F. Taylor, and on the North by the aforesaid public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, however, a par-eel of the above tract of land con-taining 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6. 1973, and recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsyl-vania, in Deed Book W, Volume 25, Page 691, to Richard L. Davidson and Deborah A. David-son, his wife. TAX PARCEL # 13-0106-079. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 34 Writ No. 2002-1458 Civil Conseco Consumer Discount Company, c/o Conseco Finance Corporation vs. Gordon E. Luce and Gertrude Luce, a/k/a G. Lucille Luce Atty.: David Comroe DESCRIPTION ALL THOSE TWO CERTAIN tracts of land with improvements thereon erected, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone in the middle of public road, Township Route 317, being also known as the road leading from Helm Saw Mill to Big Pond Furnace; thence along said road, East seven (7) rods to a post; thence South along lands formerly .,f 0111i.f-1 Ar T4.1- of .ahi,h thia Y is Mane Coyne, ,Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 was a part, ten (10) rods to a post; thence along the same lands, West eight (8) rods to a post; thence North along lands formerly of Highlands Heirs to the place of Beginning. CONTAINING about seventy and one-half (70 1/2) perches, more or less. Having erected thereon a frame and log two-story dwelling house and outbuilding. TRACT NO. 2: ALL THAT CERTAIN lot of sprout land situate in Southampton Town- ship, Cumberland County, Pennsyl- vania, along public road, Township Route 317, being also known as the road leading from Huckleberry Land to Big Pond, bounded and described as follows: ON the East by Lands now or formerly of George Eckenrode; on the South by lands now or formerly of John Russell; on the West by lands now or formerly of P.F. Tay- lor; and on the North by the afore- said public road. CONTAINING one hundred fifty (150) rods, more or less. EXCEPTING, HOWEVER, a par- cel of the above tract of land con- taining 22,895 square feet, which was conveyed by Elwood F. Keck and Janet P. Keck, his wife, by their deed dated September 6, 1973, and recorded in the Office of the Re- corder of Deeds at Cumberland County, Pennsylvania, in Deed Book "I", Volume 25, Page 691, to Rich- ard L. Davidson and Deborah A. Davidson, his wife, Tax Parcel #13-0106-079.