HomeMy WebLinkAbout02-3038LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CREDIT CORP.
7360 SOUTH KYRENE
TEMPE, AZ 85283
PLAINTIFF
VS.
JASON E. FULFER
810 CHARLOTTE WAY
ENOLA, PA 17025
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
C / E/LYY
NO. O 2 -- X63 l: 1"(d
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defense 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 NOTICE 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING
WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN
VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT
OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING
YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT
YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT
TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF
THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR
WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT
OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS
(THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE
MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS
IN THIS SUIT.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CREDIT CORP
7360 SOUTH KYRENE
TEMPE, AZ 85283
PLAINTIFF
VS.
JASON E. FULFER
810 CHARLOTTE WAY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. Oa - 2(2-1 l.lU?l
COMPLAINT IN
ENOLA, PA 17025 MORTGAGE FORECLOSURE
DEFENDANT(S)
CIVIL ACTION MORTGAGE FORECLOSURE
1. Conseco Finance Credit Corp., (hereinafter referred to as "Plaintiff") is an
Institution, conducting business under the Laws of the Commonwealth of
Pennsylvania.
2. Jason E. Fulfer, is an adult individual presently residing at the above-stated
address.
COUNTI
3. Plaintiff brings this action to foreclosure the mortgage between Jason E. Fulfer,
Mortgagor (hereinafter referred to as "Defendant") and itself as Mortgagee. Said
Mortgage was dated December 31, 1998 and was recorded in the Office of the
Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book
1511, page 259. A copy of the Mortgage is attached and made a part hereof as
Exhibit `A'.
4. The Mortgage is secured by Defendant(s) Note dated December 31, 1998 in the
amount of $33,500.00 payable to Plaintiff in monthly installments with an interest
rate of 9.8%.
5. The land subject to the mortgage is:
810 Charlotte Way, Enola, PA 17025.
6. The Defendant, Jason E. Fulfer is the real owner of the land subject to the
mortgage and the Defendants' address is : 810 Charlotte Way, Enola, PA 17025.
7. The Mortgage is now in default due to the failure of the Defendant(s),
Jason E. Fulfer to make payments as they become due and owing. The following
amounts are due:
Principal Balance $31,975.96
Interest to 6/10/02 2,220.03
Accumulated Late Charges 374.99
Loan Forbearance (6/6/01; 7/6/01) 389.24
NSF Fee 20.00
Pay By Phone Fee 9.00
Appraisal Fee 275.00
Property Maintenance Fee 35.00
Attorney Fees/Costs 3,700.00
TOTAL $38,999.22
plus interest from 6/11/02 at $8.67 per day, costs of suit and attorney fees.
6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.
6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and
the Notice of Homeowners' Emergency Mortgage Assistance was sent to
defendants April 3, 2002. A copy of the Notice is attached and made a part
hereto as Exhibit "B".
7. Despite demand, the Defendant(s) Jason E. Fulfer has not cured the default.
COUNT II
8. Plaintiff brings this action to foreclosure the mortgage between Jason E. Fulfer,
Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee.
Said Mortgage was dated October 20, 1999 and was recorded in the Office of the
Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book
1578, page 1. A copy of the Mortgage is attached and made a part hereof as
Exhibit `C'.
9. The Mortgage is secured by Defendant(s) Note dated October 20, 1999 in the
amount of $13,700.00 payable to Plaintiff in monthly installments with an interest
rate of 13.950%.
10. The land subject to the mortgage is:
810 Charlotte Way, Enola, PA 17025.
11. The Defendant, Jason E. Fulfer is the real owner of the land subject to the
mortgage and the Defendants' address is : 810 Charlotte Way, Enola, PA 17025.
12. The Mortgage is now in default due to the failure of the Defendant(s),
Jason E. Fulfer to make payments as they become due and owing. The following
amounts are due:
Principal Balance $13,480.52
Interest to 6/10/2002 1,198.15
Accumulated Late Charges 580.00
Deferred Interest Assessment 258.31
(Forbearance (6/02/01; 7/2/01)
Pay By Phone Fee 3.00
NSF Fee 20.00
Attorney Fees/Costs 3,700.00
TOTAL $19,239.98
plus interest from 6/11/2002 at $5.20 per day, costs of suit and attorney fees.
13. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.
6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and
the Notice of Homeowners' Emergency Mortgage Assistance was sent to
defendants April 3, 2002. A copy of the Notice is attached and made a part
hereto as Exhibit "D".
14, Despite demand, the Defendant(s) Jason E. Fulfer have not cured the default.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for
the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s),
Jason E. Fulfer in the sum of $38,999.22 together with the interest from 6/11/02 at $8.67
per day, costs of suit and attorney fees and in the sum of $19,239.98 together with the
interest from 6/11/02 at $5.20 per day, costs of suit and attorney fees.
Law Offices of Gregory Javardian
BYi
G O JAVARDIAN
Attome No.55669
Or•ri iPVlr le,»1 A l.icacion it 9910131163
Green Tree coasumer Discount comp. y Jason E Fulfer
]acl,Rartadals Drive suite lla 810 Charlotte way
Camp Hill, Pennsylvania 17011 Enola, PA 17025 Loan Number
Date
LENDER'S NAME AND ADDRESS Maturity Da
"You" means the Lender, BORROWER'S NAME AND ADDRESS Loan Amount $
1-4 -7an no
its successors and assigns. "I" includes each Borrower above, Renewal Of nonnnnonn
TERMS FOLLOWING A _ APPLY ONLY IF
jointly and severally. o
CHECKED ,(Secondary Mortgage Loan
-(This agreement is subject to the provisions of the Secondary Mortgage Loan Act.
For value received, I promise to pay to you at your address listed above the PRINCIPAL sum of hi rtp?n
Thnnaand Rpvpn Hundred and Nn/Inn DollarsS 1A 70n no _
X Single Advance: I will receive all of this principal sum on -octahar try 1900 No additional advances are
contemplated under this note.
zVAMuhiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note.
On 1 will receive the amount of S and future principal advances are contemplated.
You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions).
Conditions: The conditions for future advances are
INTEREST: I agree to pay interest on the outstanding principal balance from -- nrrtn}1pr 2S 1999
at the rate of
17 9Sn %
per year until Novemhpr 2nl Q
KJA Variable Rate: Notice to borrower: This document contains provisions for a variable Interest rate. This rate may
then change as stated below.
Change Dates: Each date on which the interest rate may change is called a Change Date. The interest rate may
change and on every thereafter.
The Index: Beginning with the first Change Date, the interest rate will be based on the following Index:
The most recent Index value available as of the date _ 45 days
before each Change Date is called the "Current Index."
Calculation of Change: Before each Change Date, the Lender will calculate the interest rate, which will be
the Current Index. The result of this calculation will be rounded
The new interest
rate will become effective on each Change Date. Subject to any limitations below, this will be the new interest rate
until the next Change Date.
Linkations: The interest rate will never be greater than % or less than %.
_ The interest rate will never change on any single Change Date by more than %.
Effect of Variable Rate: A change in the interest rate will have the effect of changing the amount of the scheduled
payments:
ACCRUAL METHOD: Interest will be calculated on a _301190 day basis.
POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in
full, as stated below:
X. on the same fixed or variable rate basis in effect before maturity (as indicated above).
X/A at a rate equal to
X LATE CHARGE: I agree to pay a late charge on the portion of any payment made more than I s days after it is
dueequalto in Dan of then aid a r $2o on which r to Qrparp
X NSF FEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of
s2n nn
X ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which -X are _ are not
included in the principal amount above: can AAdpnA m A
REAL ESTATE NOTE
s7 oza 1081,#2 3?190 "a be.. lc Cleei. MN Pores GTN#ey„/12Pa W1949 GT-16-36-011 16/061 68De r of 4i
PAYMENTS: 1 agree to pay this nm> as follows:
240•payments of $169.67 starting on December 2, 1999
and on the 2nd day of each month thereafter.
SECURITY: This note is secured by (describe separate document by type (e.g., mortgage) and date):
Mortgage Deed dated October 20, 1999
The headings at the beginning of each
convenience only and are not to be used in
text of the section.
'I," "me" or my. means each Borrower
note and each other person or legal entity
antors, endorsers, and sureties) who agree
to (together referred to as "us'). "You or
the Lender and its successors and assigns.
shall mean the Borrower and Lender,
APPLICABLE LAW - The interest to be charged on this loan
is governed by the laws of the state of PPnngylvani a
. All other terms of
this transaction are governed by the laws of the state of
Prnnaylvanin
The fact that any part of this note cannot be enforced will
not affect the rest of this note. Any change to this note or
any agreement securing this note must be in writing and
signed by you and me.
I agree to cooperate with you regarding any requests
after closing to correct errors made concerning this
convect or the transaction and to provide any and all
additional documentation deemed necessary by you to
complete this transaction. i agree that you may enforce
this agreement by judicial process and are entitled to
attorney's fees, costs and disbursements incident to such
enforcement.
PAYMENTS - Each payment I make on this loan will be
applied first to any charges I owe other than principal and
interest, then to interest that Is due, and finally to principal
that is due. No late charge will be assessed on any
payment when the only delinquency is due to late fees
assessed on earlier payments and the payment is
otherwise a full payment. The actual amount of my final
payment will depend on the interest rates (if variable) and
my payment record. If any payment due under this loan
does not equal or exceed the amount of interest due, you
may, at your option, increase the amount of the payment
due and all future payments to an amount that will pay off
this loan in equal payments over the remaining term of this
loan.
PREPAYMENT - I may prepay this loan in whole
or in part at any time. I will not pay a penalty
upon prepayment unless otherwise stated in the
next sentence. If 1 prepay in full within N/A
months of the date of this note, 1 will pay you a
penalty of N/A
Partial Dayn Wets will not e.Ncus or reduce any
later sc difulleegq payment until this note s paid in
full.
INTEREST - Interest accrues on the principal remaining
unpaid from'time to time, until paid in full. If this is a
multiple advance loan, Interest will accrue: N/A
If 'Variable Rate' is checked on page 1 1 will pay interest
at the rates in effect from time to time. the interest rate(s)
and other charges on this loan will never exceed the
highest rate or charge allowed by law for this loan. If the
Index specified on page 1 ceases to exist, 1 agree that
you may substitute a similar index for the original.
INDEX - If you and I have agreed that the interest rate on
this note will be variable and will be related to an index,
then the index you select will function only as a tool for
setting the rate on this note. You do not guaranty, by
selecting any index, that the interest rate on this note will
have a particular relationship to the interest rate you
charge on any other loans or any type or class of loans
with your other customers.
ACCRUAL METHOD - The amount of interest that I will
pay on this loan will be calculated using the interest rate
and accrual method stated on page 1: For interest
calculation, the accrual method will determine the number
of days in a year. If no accrual method is stated, then you
may use any reasonable accrual method for calculating
interest.
SINGLE ADVANCE LOANS - If this is a single advance loan
you and I expect that you will only make one advance of
principal. However, you may add other amounts to the
principal if you make any payments described in the
VANCE LOANS - If this is a multiple advance
I expect that you will make more than one
principal, subject to the conditions of any
PAYMENTS BY LENDER - If you are authorized to pay, an
my behalf, charges I am obligated to pay (such as property
insurance premiums), then you may treat those payments
made by you as advances and add them to the unpaid
principal under this note, or you may demand immediate
IlTY INTEREST - Interest will accrue on the
nce remaining unpaid after final maturity at
fled on page 1. For purposes of this section,
occurs:
to of the last scheduled payment of principal;
(b) On the date you accelerate the due date of this loan
ITATE OR RESIDENCE SECURITY - If this loan is
by reel estate or a residence that is personal
the existence of a default and your remedies for
lefault will be determined by applicable law, by the
f any separate instrument creating the security
and, to the extent not prohibited by law and not
to the terms of the separate security instrument,
ASSUMPTION - This note and any document securing it
cannot be assumed by someone buying the secured
property from me. This will be true unless you agree in
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GT.1 W4011 151") 4,m* 2 M 4)
_. 1
writing to the contrary. Without SL . an agreement, if I try
to transfer any interest in the property securing this note, I
will be in default on this loan. You may proceed against me
under any due on sale clause in the security agreement,
which is incorporated by reference.
DEFAULT - Subject to ' any limitations in the "REAL
ESTATE OR RESIDENCE SECURITY' paragraph above, I
will be in default on this loan and any agreement securing
this loan if any one or more of the following occurs:
(a) I fail to make a payment in full when due;
(b) I die, am declared incompetent, or become insolvent;
(c) I fail to keep any promise I have made in connection
with this loan;
(d) 1 fail to pay, or keep any other promise on, any other
loan or agreement I have with you;
(e) I make any written statement or provide any financial
information that is untrue or inaccurate at the time it is
provided;
(f) Any creditor of mine attempts to collect any debt I owe
through court proceedings, set-off or self-help
repossession;
(g) The property securing this Loan is damaged, destroyed
or stolen;
(h) I fail to provide any additional security that you may
require;
(I) Any legal entity (such as a partnership or corporstion?
that has agreed to pay this note merges, dissolves,
reorganizes, ends its business or existence, or a partner
or majority stockholder dies or is declared incompetent;
or
Gl Anything else happens that causes you to believe that
you will have difficulty collecting the amount 1 owe
you.
If any of us are in default on this note or any security
agreement, you may exercise your remedies against any or
all of us.
REMEDIES - Subject to any limitations in the "REAL
ESTATE OR RESIDENCE SECURITY" paragraph on page 2,
and after giving any appropriate notice, if I am in default
on this loan or any agreement securing this loan, you may:
(a) Make unpaid principal, earned interest and all other
agreed charges 1 owe you under this loan immediately
due;
(b) Use the right of set-off as explained below;
(c) Demand more security or new parties obligated to pay
this loan (or both) in return for not using any other
remedy;
(d) Make a claim for any and all insurance benefits or
refunds that may be available on my default;
(e) Use any remedy you have under state or federal law;
and
(f) Use any remedy given to you in any agreement
securing this loan.
By choosing any one or more of these remedies you do
not give up your right to use another remedy later. By
deciding not to use any remedy should I be in default, you
do not give up your right to consider the event a default if
it happens again.
COSTS OF COLLECTION AND ATTORNEYS' FEES - I
agree to pay you all reasonable costs you Incur to collect
this debt or realize on any security. This includes, unless
prohibited by law, reasonable attorneys' fees. This
provision also shall apply if I file a petition or any other
claim for relief under any bankruptcy rule or law of the
United States, or if such petition or other claim for relief is
filed against me by another.
SET-OFF - i agree that you may set off any amount due
and payable under this note against any right 1 have to
receive money from you.
"Right to receive money from you" means:
(a) Any deposit account balance I have with you;
(b) Any money owed to me on an item presented to you or
in your possession for collection or exchange; and
OIs",In1,ten s.ww. tWwwnti Iro-ae cwc MN r..OTIMF Xsilms
(c) Any repurcl e agreement or 'other nondeposit
obligation,
'Any amount due and payable under this note" means
the total amount of which you are entitled to demand
under the terms of this note at the time you exercise your
right of set off. This total includes any balance the due
date for which you properly accelerate under this note.
If my right to receive money from you is also owned by
someone who has not agreed to pay this note, your right
of set-off will apply to my interest in the obligation and to
any other amounts I could withdraw an my sole request or
endorsement. Your right of set-off does not apply to an
account or other obligation where my rights arise only in a
representative capacity. It also does not apply to any
Individual Retirement Account or other tax-deferred
retirement account.
You will not be liable for the dishonor of any check
when the dishonor occurs because you set off this debt
against any of my accounts. I agree to hold you harmless
from any such claims arising as a result of your exercise of
your right of set-off.
OTHER SECURITY - Any present or, future agreement
securing any other debt I owe you also will secure the
payment of this loan. Property securing another debt will
not secure this loan if such property is my principal
dwelling and you fail to provide any required notice of right
of rescission. Also, property securing another debt will
not secure this loan to the extent such property is in
household goods.
ARBITRATION - All disputes, claims, or controversies
arising from or relating to this note or the relationships
which result from this note, or the validity of this
arbitration clause or the entire note, shall be resolved by
binding arbitration by one arbitrator selected by you with
my consent. This arbitration agreement is made pursuant
to a transaction involving interstate commerce, and shall
be governed by the Federal Arbitration Act, Title 9 of the
United States Code. Judgment upon the award rendered
may be entered in any court having jurisdiction. The
parties agree and understand that they choose arbitration
instead of litigation to resolve disputes. The parties
understand that they have a right or opportunity to litigate
disputes in court, but that they prefer to resolve their
disputes through arbitration, except as provided herein.
THE PARTIES VOLUNTARILY 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 YOU (AS
PROVIDED HEREIN). The parties agree and understand
that all disputes arising under case law, statutory law, and
all other laws including, but not limited to, all contract,
tort, and property disputes, will be subject to binding
arbitration to accord with this agreement. I agree that I
shall not have the right to participate as a representative or
a member of any class of claimants pertaining to any claim
arising from or relating to this note. The parties agree and
understand that the arbitrator shall have all powers
provided by law and the note. These powers shall include
all legal and equitable remedies, including, but not limited
to, money damages, declaratory relief, and injunctive relief.
Notwithstanding anything hereunto the contrary, you
retain an option to use judicial or non-judicial relief to
enforce a security agreement relating to the collateral
secured in a transaction underlying this arbitration
agreement, to enforce the monetary, obligation or to
foreclose on the collateral. Such judicial relief would take
the form of a lawsuit. The institution and maintenance of
an action for judicial relief in a court to foreclose upon any
collateral, to obtain a monetary judgment or to enforce the
security agreement, shall not constitute a waiver of the
right of any patty to compel arbitration in this note,
including the filing of a counterclaim In a suit brought by
you pursuant to this provision.
OT-t{-39-011 (SIM) /pps 3 Mp
OBLIGATIONS INDEPENDENT - understand that my
oblig> lion to pay this loan is independent of the obligation
of any other person who has also agreed to pay it. You
may, without notice, release me or any of us, give up any
right you may have against any of us, extend new credit to
any of us, or renew or change this note one or more times
and for any term, and I will still be obligated to pay this
loan. You may, without notice, fail to perfect your security
ifgopst in, impair, or release any security and I will still be
obligated to pay this loan.
WAIVER - I waive (to the extent permitted by law)
demand, presentment, protest, notice of dishonor and
notice of protest.
PRIVACY - I agree that from time to time you may receive
credit information about me from others, including other
lenders and credit reporting agencies. I agree that you may
furnish on a regular basis credit and experience ipformation
regarding my loan to others seeking such information. To
the extent permitted by law, I agree that you will not be
Gable for any claim arising from the use of Information
provided to you by others or for providing such
information to others.
FINANCIAL STATEMENTS - I will give you any financial
statements or information that you feel is necessary. All
financial statements and information I give you will be
correct and complete.
PURCHASE MONEY LOAN - If this is a Purchase Money
Loan, you may include the name of the seller on the check
or draft for this loan.
PURPOSE: The purpose of this loan is RPfi nanrP
ADDITIONAL TERMS:
Signature for Lender
By:
Signature Date
Its:
..OTICE TO COSIGNER
You (the cosigner) are being asked to guaranty this
debt. Think carefully before you do, If the borrower
doesn't pay the debt, you will have to. Be sure you can
afford to pay if you have to, and that you want to
accept this responsibility.
You may have to pay up to the full amount of the
debt if the borrower does not pay. You also may have
to pay late fees or collection costs, which Increase this
amount.
The creditor can collect this debt from you without
first trying to collect from the borrower. The creditor
can use the same collection methods against you that.
can be used against the borrower, such as suing you,
garnishing your wages, etc, if this debt is ever to
default, that fact may become part of your credit record.
This notice is not the contract that makes you gable
for the debt.
SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE
(INCLUDING THOSE ON PAGES 1, 2, 3 AND 4). 1 have
received a co today'
X
.-'Signature Jason ulfer Date
X
Signature Da-
X
Signature Date
X
Signature Date
0 IOM. 1001. 1008 &".a, w?„?, 4 . 0t. C1 4 UN F& afMAeMaA 6HO100 OT-1699-011 (6/89) *W# f sr 41
App #: 9910131163
ADDENDUM A
Additional Finance Charges to Note
810 Application Fee $398.67
901 Prepaid Interest $42.47
TOTAL $441.14
Barxo r`Iaitials.
212360
ROBERT P. ZIEGLER ,LIQ ROBERT P. ZIEGLER .
mmemrealthee RECORDER 0 DEEDSPA RECORDER OF DEEDS
e. P ERLANn NTY-
spxaAMW4W AWQ-PA
Return To: 11RTGAGE •Q A lication 9910131163
Grim Trm==5 ice tn? Q ppatq ?q 5317.56
Attne TrAre?9 U secures future idvaDCe.4 `?v OCT Yt7! ? f 11 L L9
7360 Smth ttyrme Rud
Temps. Az 85283 October 20, 1999
1. DATE AND PARTIES. The date of this Mortgage (Security Insmtment) is ... ......... and the
patties, their addresses and tax identification mnnbers, if required, are as follows:
MORTGAGOR: Jason E Fulfer I D D1. A SINGLE MAN
? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LENDER: Green Tree Consumer Discount Company
3401 Hartzdale Drive Suite 118
Camp Hill, Pennsylvania 17011
2. CONVEYANCE.. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's performance under this Security Insmtment,'Mortgagor grants, bargains,
conveys and mortgages to Lender the following. described property:
See Exhibit A
The property is located in ..................Cumberland ..............?c..?....y................................. at ................................................
810 Charlotte Way Eno la ....................... Pennsylvania 17025
(Addmu) (=P code)
Together with an rights, easements, appurtenances, ro yalties, mineral rights. oil and gas tights, all water and riparian tights,
ditches, and water stock and all existing ad future in,
structures, fixtures, and replacements that may now, or at
any time in the fugue, be part of the teal estate described above (ail referred to as "Property').
3. MAXWEIM OBLI LjMff. The total principal amount secured b this Security Instrument at an one time shall not
exceed $ .............. ?'. ??............................ . This limitation of amount does not include interest and other fees and
charges validly made pursuant to this Security Instrument. Also, this limitation tows not apply to advances made tinder the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extrusions, renewals; modifications or substitutions. (When r¢erencing the. debts below it. is •
suggested that you include items such as borrowers' names, note amounts, ineerest totes, maturity data, etc.).
Note dated October 20, 1999, between Green Tree Consumer Discount Company and Jason
E Fulfer, for $13,700.00, maturing November 2, 2019. ry
PENNSYLVANIA - MORTGAGE PDT FOR FNMA. RAMC. FHA OR VA USE) BOON 1S I S IAGE
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Perm ID 81111111184
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B. All fham advances from lender to Mortgagor or other future obligations of Mortgagor to Leader under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future
advances and other future obligations are secured by this Security huttument even though all or part may not yet be
advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument.
Nothing in this Security Instrument shall constitute a commitm®t to make additional or future loans or advances in any
amount. Any such commitment must be agreed to in a separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not
limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission.
S. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security instrument.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that
the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of tout, 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 Leader 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 now 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
notuxs.that such amounts arc doe and the'reeeipts 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. Under 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
run with the Property and shall remain in effect moil the Secured Debt is paid in full and this Security lnstmment is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep due Property in good condition and
make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of
die Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy and use will not subsmuuially 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.
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Lender or Lender's agents may, at Lenders option, enter the Property at any reasonable time for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for 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 matuter, 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 at 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 acid 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 matte paymems.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 tenants 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/tenaut law. Mortgagor also agrees to maintain and require
any tenant to comply with the terms of the Leases and applicable taw.
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a
planned unit development, Mortgagor will perform all of 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 Inmameef 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 tithe 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 shalt also constitute an event of default.
1S. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice
of the right to tare 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 am 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 [.ender of any sum in payment or partial payment on
the Secnctd Debt after the balance is due or is accelerated or after foreclosure proceedings am 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.
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16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument,
Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserviog or otherwise
protecting the Property and Leader's security interest. These expenses will bear interest from the date of the payment until paid
in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. 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 comtamimant 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.
H. Except as previously disclosed and acknowledged in writing to lender, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a trlease or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Enviri mnenrol Law concerning the Property. In such an event,
Mortgagor shall take all necessary remedial action in accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance. or
the violation of any Environmental law.
18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of the Property trough condemnation, eminent domain, or my other means. Mortgagor
authorizes Lumder 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 taking of all or any part of the
Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the terms of any prior mortgage, dad of trust, security agreement or odor lien document.
19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where
applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance.
Leader shall have the right to hold the policies and renewals. If Lander 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 Lander. Lender may make proof of loss if not made immediately by Mortgagor.
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Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the
Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amotmt of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL. REPORTS AND ADDMONAL DOCUMENTS. Mortgagor will provide to Lender aeon request any
financial statement or information Leader may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional documents or certifications that Lender may consider necessary to perfect, contimu, and a Mortgagor's
obligations under this Security Instrument and Lender's lien starts on the Property. IAN 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All dudes under this
Security Iastntment 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 Leader from bringing any action or claim
against Mortgagor or any party indebted under the obligation. These rights may i>khnde, but are not limited to, any
asst-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 Mortgagor's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security
Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender.
23. APPLICABLE LAW; SEVERABILITY; WTERPRETATION. 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 Instrument attachments, or any agmemem related to the Secured
Debt that conflicts with applicable law will not be effective, unless that law expressly or implicitly pmts the variations by
whiten 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, dhe singular shall
include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument an 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 Instrument, or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property.
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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 be
reduced to a zero balance. this Security Instrument will remain is effect until released.
? Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on
the Property.
? Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that are or will become fixtures related to the Property. This Security 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 Lander used in whole or in par to acquire the
Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money
mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania.
? NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
? Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and
amend the terms of this Security Instrument. (heck all applicable boxes)
? Condominium Rider ? Planned Unit Development Rider ? Other ...................................................
? Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained
in this Security Instrument and in any arachmen . Mortgagor also acknowledges receipt of a copy of this Security Instrument as
the date sra on page 1.
........... .............
.....................................................
.. ...... ... .... igoamre) ason lf (Date) (Signature) (Date)
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..,-_.,.'? . ................ ................................................................
(avata?a) (Whom)
ACKNOWLEDGMENT:
Pennsylvania Cilrt?ber/actor
COMMONWEALTH OF .......................................... COUNTY OF ....................5................... yit..} 35.
ae0.WM) On this. the ..... 2Qth.......... day of .....QCTOBTR..L999 ................. before me ! •!1
the undersigned officer, personally appeared .urine a yulear ....................................................................
........................................................................................ known to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that lt/sbe executed the same
for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
on expires:
4wo 11 "_t .......... /`......
............................................................................
TUte oroPoar
dress of the Lender within named is' .. Green Tree Comumer Discouee Company
...........................................................................
lle, Camp 8111. Peneaylvania 17011
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EXHIBIT A
Legal Description:
ALL THAT CERTAIN PROPERTY IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, PARCEL I. D.
09-12-2992-001A-U3303-2, BEING MORE FULLY DESCRIBED IN DEED DATED 02-03-98,
RECORDED 02-06-98, AND APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE
SET FORTH ABOVE IN DEED BOOK 171, PAGE 906. I
Parcel ID: 09-12-2992-O1i.A-U3303-2
State of Pennsylvania
County of Cumberland) 86
Reco died in the office for the recording of Deeds
ect and JDberiand County, Pa
in B_VO? Page
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Ennis .... .....
Decetaber 31„1998
to.t.1 lawl Istwl
..............................810 Charlotte Nay FYtola, pennnylvania,.A?.M......................................
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1. BORROWER'S PROMISE TO PAY 33 500 00
In return for a loan dust I have received. I promise to pay U.S. 5......s ......:.......................... (this amount is
.........................
called 'principal"), plus Interest, to the order of the Leader. The Leader ss .. 5R!?.?Xa' mnw..r ol.oaunc,cwRanyl, ?aot
a?rtieals Drlw /uita ilat....l...., N... .. PA....... ZIM .................................................................................
.....................
I understand that the Leuder may under this Note. The 1 coder or anyone who takes this Note by transfer add who is
entitled to receive payments under this Note is called the 'Note Holder.'
2.INTEREST
Interest will he charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest at a
yearly rate of .......9; 900 S. Internal will be charged beginning oa ........... JanuarX,.61,.1999 ......................
The interest rate required by this Section 2 is the rats I will pay both before and after any defauh described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Scheduled Payments
I will pay principal and interest by making payments whim scheduled:
(F I will make .......W........... ......... payments of $. 314.%K....................................... each on the
................ ......6th ................................ of each .... MMYh ..........................................................
Pebrua 9
........................ beginning on ...............1."X...6 199.h..................................
?yt will make payments as follows:
qMn addidon to the payments described above. I will pay a 'Mlloon payment' of $ ...................................
on. ......................................... The Note Holder will deBver or mail to me notice prior to maturity that
the balloon paymeat is due. This notice will state the balloon payment amount and the date that it is due.
(B) Maturity Dale and Place of Payments
I will nuke them payments as scheduled until I have paid all of the principal and late= 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
9[anuery,6'., 2019,,,,,,, I still owe mounts under this Note. 1 will pay dose mounts
in full on clam dam, which is called the 'maturity date.'
I will make my scheduled payments at ....Green, Tree h, 7360 5. Kyrene_Rd„?„TC(npgt. A2„,85283,,,,
.................................................................................... ........ ................ or at a diBcrcnt
iz;; if required by the Note Holder.
4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY
1 have the right to make payments of principal at any time before they are duo. A payment of principal only is
knowm as a'pmpaymem.' When t make a prepayment, 1 will tell the Note Holder in writing that I am doing so. ? I will
pay a prepisymrot penalty of ..........................1?)......................................................................................
......................................................................................................................................................
......................................**"111 ......................................................................... if I prepay this Now in fut.
The Note Holder will rant pmpaymeats m induce ae among of principal that I awe under this Non. If I
make a partial prepayment, them will be o cb, in the due dam or in the amount of my monthly payment unless the
Note Holder agrees is writtog to those lunges.
S. LOAN CHARGES
If a law. which applies to ds Iwo 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, sea: () any
such Iva chscge shall be reduced by ile amount necessary to reduce the charge to the permitted limit: and (11) any sums
already collected from me which tueelel permitted limits will be reloaded to me. The Note Holder may choose to make
this refund by reducing the principal I owe under this Nom or by mating a direct payment to M. If a refusal reduces
principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Lam Charge for Overdue Payments
If the. Note Holder has am received the full amount of any scheduled payment by the end of ....... 15,,,,,,,,.
calendar days after the date it 4 due. I will pay a ere charge to the Nom Holder. The amount of the charge will be
10.000. I will pry this late charge promptly but only once on each
late payment ox cue urpaaa psymenc oI a•v. vv. whichever is greater.
(B) Default
If I do not pay the full among of each scheduled payment on the date it is due. I will be in defndt.
(C) Notice of Default
If I am in default, the Note Holder nay send ram a written notice selling me that if I do not pay the oveWue amount
by a certain date, the Note Holder may require me m pay immediately the full amount of principal which her of been paid
and all the Interest that t owe o that mecum. That date must be at test 30 days after the dam w which the notice Is
delivered or mailed to one.
(D), No Walver By Note Holder
Even if. at a time when I >m in default. the Note [folder does not require me m pay (mmediateiy in lull as described
above, the Note Holder will still have de right to do an if I non in default at a later time.
(L) Payment of Note Holder's Cogs and Expenses
If due Note Holder has required me to pay immediately in full sa described above, the Nom Holder will have the
right to be paid back by me for all of its cow and eape sea in enforcing dais Note m the extent not prohibited by
apptoble law. Thom expenses include. for example. reasonable attorneys' fees.
MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) NL
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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 mail to me at the Property Address above or a 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 Note Holder at the address stated in Section 3(B) on page I of this Note or at a different addrea if I sere given a notice
of that different address.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
H more than ons person signs this Now, each person is fully and personally obligated to keep all of to promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser
of" Note Is also obligated to do these things. Any person who Ikea over tteae obligations, including the obligations of
a guarantor, starry or endorser of this Note, is also obligated to keep all of the promises made in this Note. Tle Now
Holder may enforce its rights under this Nom against each person individually or against all of us together. Tlds mats that
any ore of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS ^
1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
'Presentment' means the right to requite the Note Holder to demand payment of amounts due. 'Notice of dishonor" means
the right to require the Now Holder to give notice to other persons dot ==is due base not been paid.
10. SECURED NOTE
In addition to the protections given to the Note Holder tinder this Note, a Mortgage, Deal of Trost or Security
Deed (the *Security Irstruotent"), dated the same date as this Note, protects the Note Holder from possible losses which
might result if I do not keep the promises which I make in rids Note. That Security instrument describes how and under
what coalitions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those
conditions am described a follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is gold or transferred and
Borrower Is not a =rural person) without Ieaer s prim written consent. Lender may, at in option, require
immediate payment in full of a6 sums secured by this Security Instrument. However, (his option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument,
if Ieadu exercises this option, fender shall give Burrower voice of acceleration. The notice shall
provide a period of not lea than 30 days from de date the notice is delivered or ntalled within which
Burrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prim to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instuntem without
further nashe or demand an Borrower.
11. BALLOON PAYMENT DECLOSURE
[Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page 1
of this Note.]
THIS LOAN IS PAYABLE IN FULL ..........A16 ................................................................._.........
..................................................................................................................... 1 MUST REPAY THE
iRiPRINCD'AL BALANCE OF THE LOAN AND UNPAID INIERPSf 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 MAKE PAYMENT OUT OF OTHER ASSM THAT 1 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, I MAY HAVE TO PAY
SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF 1
OBTAIN REFINANCING FROM THE SAME LENDER.
WITNESS THE HAND(S) AND SEAL(S) OF BRSIGNED
...
.7i-?iaf'w
son •s.n...
.......................................................................................(Seal)
................................................
Nnw«(Seal)
(Sign original only]
a....ln,w+.lnt. Y.OwN. MN fN,n aTMNLM WI! NVIa
r..a. 2.120
,to 3 3v'
e e
Commonwealth or Pennsylvania Space Above lots Line For Recording Data
OPEN-END MORTGAGE Application 6"2537146
This Mortgage secures future advances tl
ecember 3 , 199 8 and the
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ... D...................... 1 ........
parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR: Jason E Fulfer
A SINGLE PERSON
0 If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and
acknowledgments.
LENDER: Green Tree Consumer Discount Company
3401 Hartzdale Drive Suite 118
Camp Hill, Pennsylvania 17011
to
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, d* to 5i cure
the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor graz_% bariins, ?+
'n i u
conveys and mortgages to Leader the following described property: o
See Exhibit A
Cr JD
%
• ?D O o .
c p ..:
Cn
D
The property is !Dated in CUMB.........E..RLAND.......................... .................................. at ................................................
(POamy)
..................... Peuusylvaoia.17025
............................. ......................................................... ......
(city) (? Cate)
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 irnprovemcats, structures, fixtures, and replacements that may now, or at
any time in the fume, be part of the real estate described above (all referred to as "Property").
3. MA7CI1l4lIM OBLI fTM LU , The total principal ammmt secured by this Security instrument at any one time shall not
exceed $ ............................ ......................... . This limitation of amount does not include interest and other fees and
charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the
terns of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term 'Secured Debt"is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions. (What r¢uencing die debts below it is
suggested that you include !tans such as borrowers' names, note amounts, baerest rotes, maturity data, etc.)
Note dated December 31, 1998, between Green Tree Consumer Discount Company and Jason
6 Fulfer, for $33,500.00, maturing January'6, 2019.
ramyLVAraA • MORTGAGE (NOT FOR FNMA, RAMC. RIA OR VA uae _ O/ 6J-r
61W4,art.n Mr..,e.a.w,Mw 1140b227.2U11 F fteb T"A 1L1904 BOOKZ$i pABE .2$9,- __?._..
posh rD 111194 -.t -
B All future advances from Lender to Mortgagor or other future -obligations of Mortgagor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
ons
Iustntment, each Mortgagor agrees that this Security Instrument will secure all future advances an future oblgatiture
that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor
advances and other future obligations are secured by this Security Instrument even though all or pan may not yet be
advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument.
Nothing in ddis ecunty Instrument shall constitute a commitment to make additional or furore loans or advances in any
amount. Any such commitment must be agreed to in a separate writing.
be?not n Mortgagor prohibited b and ,,including, but trot er.
C. All obligations Mortgagor owes to Lender, which may terms ? arise, to the agreement extent
limited to, liabilities for overdrafts relating to any deposit
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 tutus 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 -
terms of the Secured Debt and this Security Instrument.
this
6. WARRANTY OF TITLE. Mortgagor wan-ants that Mortgagor is or will be lawfullseeized of ? con eyyed by that
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
document that created a prior security interest or encumbrance on the Property, Mortgagor agrees:
A. To make all payments when due and to perform or comply with all covenams.
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 ream,
utilities, and other charges relating to the Property when due. Lender 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 Insumnent. 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 buSALE and ENCUMBRANCE. tion of, or contract for the creation of, an lien. encumbrance, transfer or sale of the
j?ty. This due a right nd is subjpayableet t upon
to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property sad shall remain in effete until the Secured Debt is paid in full and this Security Instrument is released.
Property. T
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and
make all repairs that are reasonably necessary. Mortgagor sball 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
occupancy and use will not substantially change without Leader's prior written consent. Mortgagor will not permit any change
iMortgagor IzWer of all
in any license, resins 'and actions age Mortgagor, and of any loss ordaconsent. mage to the Property.
demands, proceedings, claims
Z ?...?
B0001rJA PAGE 260 Ds or 61
01YN a?,y,,, y,,,,„ ?y yp, y,, elMtl. NN t ,O, O 7.2 34,1 F, N; 76NA I V I M4 +
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property, Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Innstrttment, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's sane or pay any amount necessary for performance. Leader'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 Instr unent. 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 tender 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 refeired to as 'Leases") and reins, 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
Instrumem.
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 Reins 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 tenants 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
Reins 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; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security instrument is on a leasehold. If the Property includes a unit in a condominium or a
planned unit developmem, 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 soy party obligated on the Secured Debt fails to make payment when due.
Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of
the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice
of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if
any, Lender may accelerate the Secured Debt and foreclose this Security Iusu mrem in a mum 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.
arir"M"tw,r.lie. . MN 11.?00.]fr•]]?tl ft. Rr?.ITOP111a/1*1o4 . `-
O19tA al, rLW
BOOKi5iiPACE 261
16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument.
Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise
protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid
in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. 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 full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs out, 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 ittrmediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or
the violation of any Environmental Law.
18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other menus. Mortgagor
authorizes Lender to ksgrvene 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 taking of all or any part of the
Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security 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 insurance shall be maintained in die amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which shall cwt be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lenders 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 Linder 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 Leader
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier
and Leader. Lender may make proof of loss if not made immediately by Mortgagor.
O1NA ","W+?M. W^ ft Cb%A MN 11•90b407.234ll ti,,,, N' TG-PA 12119A4
eaoK i 5i.i rAGE a 26 °° 1
Unless otherwise agreed in venting, all insurance proceeds shall be applied to the restoration or repair of the Property or to the
Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor. If the Property is acquired by Lender, Mortgagor's tight to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
1
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; COSIGNERS; 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 die 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 limited 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 Mortgagor's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security
instrument shall bind and benefit the successors and assigns of Mortgagor and Lender.
23. APPLICABLE LAW; SEVERABILITY; 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 Instrument, attachments. or any agreement related to the Secured
Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by
written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be
severed and will not affect the enforceability of the remainder 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. Throe 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 1 of this Security Instrument. or to any other address designated in writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property.
BOOK15iient 263 _ ofQ
Ol???ewuN 9v .?p,.R CNW.NN It.]06]Yr•S]?11 Faro llr-MTOdA /LIMA
cl- -? 4
,
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 be
reduced to a =to 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 on
the Property.
? Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future
and that are or will become fixtures related to the Property. This Security 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 shall be construed as a purchase money
mortgage with all of the rights, priorities and benefits thereof trader 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 Instrument. [Check all applicable boxes]
? Condominium Rider ? Planned Unit Development Rider Other ...................................................
? Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained
in this Securi rystrument and in ss. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the slate g aM ooq.¢age jk /sue p1pen
.....................
Jason Fulfer ............... , . ................ Pete)
?' > E ?"`) (slem?)
ACKNOWLEDGMENT: Pennsylvania
COMMONWEALTH OF .......................................... COUNTY OF. GGC/I4.!ial...................) ss.
tae m? On this, the ....... .1..34 ........ day of .... RAP.AI 9911...1.999 ............... before me ....................................
the undersigned officer, personally appeared , J1f ! 8 "'l
.......................................................................................... known to me or satisfactorily roves to be
the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same
for the purposes therein contained.
I hereunto set my hand and official seal.
......................................."
WENDELL 0. CHILCOTE, Notary Public
W.th Came Hill B:oro, Cumber land County
My Commi mission sion Expires June 177,2DO
, 200
Time et offiW
It is dress of the Lender within named is: cmaumar Discount C=Pany
............................................................................
3401 Hartsdale Drives Suite Sla, Camp Hill, Pewtaylvania 17011
................................................................................................................................................................
e00d511rw .264
ot?aaaww.sr.a...., ?.e..xa..e, rn tr.wo•aar-rat: r,,,,, nr-uro.?A tznfna . /yaps 60t 61
EXHIBIT A
roes Descrivtion:
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF
CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, PARCEL I.D.#09-12-2992-OOIA, BEING MORE
FULLY DESCRIBED IN DEED DATED 02/03/89, RECORDED 02/06/98, AND APPEARING AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FROTH ABOVE, IN BOOK 121, PAGE 906. .
Parcel ID: 09-12-2992-001A
County at curnoeriallux
Rep1the ice for the reco rding of Deeds
ect berland County. ?Q flin ?Pc wiCaRecorder
.BOOK 1.511PAGE 265
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
April 3, 2002
JASON E.FULFER JASON E.FULFER
810 CHARLOTTE WAY 150 D AND R VILLAGE TRAILOR
ENOLA, PA 17025 PARK
CLIFTON PARK, NY 12065
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Counseling Agency.
LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
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.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER
CURRENT LENDER/SERVICER:
JASON E. FULFER
810 CHARLOTTE WAY, ENOLA, PA 17025
69053l74S6
GREEN TREE CONSUMER DISCONT COMPANY
GREEN TREE CONSUMER DISCOUNT COMPANY NIKIA
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
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 you 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
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your.
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.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you
application.
NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING
OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located
at: 810 CHARLOTTE WAY, ENOLA, PA17025 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: 10/2/01 thru 4/2/02 at $93.43 per month.
Monthly Payments Plus Late Charges Accrued: $1,174.01
NSF: $0.00
Corporate Advance: $281.31
Attorney fees: $50.00
Other: $0.00
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $1,505.32
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable):
N/A
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 $1,505.32
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check,certified check or
nrdemade m,ahle and sent to: CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE,
TEMPE, AZ 85283, ATTENTION: BRAD EDMUNDS.
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) N/A.
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 attorney to start legal action to
foreclosure upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay all reasonable attorneys' 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 uav
attorney's fees.
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right
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 mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriffs
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS 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-
CONSECO FINANCE SERVICING CORP.
7360 SO. KYRENE
TEMPE, AZ 85283
TEL NO. (480) 333-6089 X 36089
ATTENTION: BRAD EDMUNDS
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You _ may or XX 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 that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
A RN FO ER
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
t###K#t##Kt#kKk####KkKK#KkkkK#k##k#K#t##kk##Kk##t#K#KKk####?k#KK#k##t##kK
1. This is an attempt to collect a debt and any information obtained will be used for
the purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within thirty (30) days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
4. If you notify our offices in writing within thirty (30) days of receipt of this notice,
our offices will provide you with the name and address of the original creditor, if
different from the current creditor.
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3rd Street
Harrisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6"' Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Community Action Comm of the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
PENNYLSVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
April 3, 2002
JASON E.FULFER JASON E.FULFER
810 CHARLOTTE WAY 150 D AND R VILLAGE TRAILOR
ENOLA, PA 17025 PARK
CLIFTON PARK, NY 12065
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell) to save
your home This Notice explains how the nro¢ram works.
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.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S): JASON E. FULFER
PROPERTY ADDRESS: 810 CHARLOTTE WAY, ENOLA, PA 17025
LOAN ACCT. NO.: 6902537148
ORIGINAL LENDER GREEN TREE CONSUMER DISCONT COMPANY
CURRENT LENDER/SERVICER: GREEN TREE CONSUMER DISCOUNT COMPANY N/K/A
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
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 you 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
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
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.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you
application.
NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING
OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located
at: 810 CHARLOTTE WAY, ENOLA, PA17025 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: 9/6/01 thru 3/6/02 at $175.38 per month.
Monthly Payments Plus Late Charges Accrued: $1,570.77
NSF: $0.00
Corporate Advance: $418.24
Attorney fees: $50.00
Other: $0.00
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $2,039.01
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable):
N/A
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 $2,039.01
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check certified check or
money order made payable and sent to. CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE,
TEMPE, AZ 85283, ATTENTION: BRAD EDMUNDS.
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) N/A.
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 attorney to start legal action to
foreclosure upon Your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay all reasonable attorneys' 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
OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
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 mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS 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-
CONSECO FINANCE SERVICING CORP.
7360 SO. KYRENE
TEMPE, AZ 85283
TEL NO. (480) 333-6089 X 36089
ATTENTION: BRAD EDMUNDS
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You _ may or XX 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 that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
V t y yours,
ORNEY 7FLER
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
############k####k#kkk#k#####k#####k#kk##k#######k##k##k#k?k#kk#kkk##k##
I . This is an attempt to collect a debt and any information obtained will be used for
the purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within thirty (30) days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
4. If you notify our offices in writing within thirty (30) days of receipt of this notice,
our offices will provide you with the name and address of the original creditor, if
different from the current creditor.
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3rd Street
Harrisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717) 762-3285
Urban League of Metropolitan Harrisburg YMCA of Carlisle
N. 6a' Street 301 G Street
Harrisburg, PA 17101 Carlisle, PA 17013
(717) 234-5925 (717) 243-3818
FAX (717) 234-9459 FAX (717) 731-9589
Community Action Comm of the Capital Adams County Housing Authority
Region 139-143 Carlisle Street
1514 Derry Street Gettysburg, PA 17325
Harrisburg, PA 17104 (717) 334-1518
(717) 232-9757 FAX (717) 334-8326
FAX (717) 234-2227
PENNYLSVANIA BULLETIN, VOL. 29, NO. 23, NNE 5, 1999
VERIFICATION
The undersigned hereby states that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge, information and belief. The
undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unswom falsification to authorities.
Ruth Hernandez, Foreclosure Manager
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2002-03038 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CREDIT CORP
VS
FULFER JASON E
R. Thomas Kline Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
FULFER JASON E but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT FULFER JASON E
810 CHARLOTTE WAY ENOLA IS VACANT. THERE IS NO CHANGE OF ADDRESS
WITH POST OFFICE.
Sheriff's Costs: So answ
Docketing 18.00
Service 10.35
Affidavit .00 THOMAS KLINE
Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY
.00
38.35 GREGORY JAVARDIAN
07/01/2002
Sworn and subscribed to before me
this ?"-' day o
zUV1 A.D.
Pr onotary
h 235 SOUTH 13TH STREET
R PHILADELPHIA, PA 19107 Philadelphia
PHONE: (215) 546-7400 Association of
FAX: 215-985-0169 Professional
Process Servers
`3*r ' °ri?r°E`°`i°°`1°>ra`' AFFIDAVIT OF SERVICE
PLAINTIFF(S) CASE NO. DATE RECEIVED
Conseco Finance Credit Corp. 02--3038 July 25, 2002
DEFENDANT(S) Court of Common Pleas
Jason E. Fu.lfer of Cumberland County
SERVE AT Type o Service
Civil Action Mortgage Foreclosure
150 D & R Village Trailor Park:
Clifton Park NY 12065
COMPANY CONTROL
CS 16838+A
NO.
SERVE BY; August 8, 2002
r)cceptea by:
Jason E. Fulfer i . Fo lPf -
Served and made known to
on the G 1r2 day of 1 on 20 ?c , at
at J0 to Q 1)?h4ti_ T?'F1\\fl? \ t'C?? C??1
Commonwealth of Pennsylvania, in the manner described below:
Defendant(s) personally served.
Adult family member with whom said Defendant(s) reside(s). Relationship is
? Adult in charge of Defendant's residence who refused to give name or relationship.
? Manager/Clerk of placing of lodging in which Defendant(s) reside(s).
? Agent or person in charge of Defendant's office or usual place of business.
? Posted
F-1 of
o'clock, N
IPTION AGE HEIGHT WEIGHT RACE SEX
On the day of 1'9_, at o'clock,--___M.
Defendant not found. Moved ____Unknown ____No Ans --Vacant -Other
DEPUTIZED SERVICE:
Now, this day of
County
and make return therof
19 , I do
to serve this -Summons
and according to Law,
hereby deputize the Sheriff of
Complaint _-Other
By (Competent Adult) County Sheriff's Check $
*$ Special Instructions
ASAP
NAME OF SERVER
Process Server
being duly swom according to law,
deposes and says that he/she is process server herein names; and
that the facts herein set forth above are true and correct to the best of
their knowledge, information and belief.
Sheriff
Process Server /
Competent Adult
Law Firm Gregory Javar ian, Esquire
Attorney's Name Gregory avar ian, squire For Plaintiff
Address 1310 Industrial Boulevard 1st Floor, Suite 101
Southampton PA 18966
Telephone # q42-9690 Identification #
0 2000 Philadelphia Assoc. of Professional Process servers Rev t
day of 20
ATTESfroth Date
PRO PROTHY
June 20, 2002
DATE
Sworn to & subscribed before me this
COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
State of New York Court County of
CONSECO FINANCE CREDIT CORP.,
JASON E. FULFER,
-against-
PlaintilpPetitioner,
Index/Docket No. 02-3038
Date Filed: CIVIL TERM
Defendant /Respondent.
AFFIDAVIT OF ATTEMPTED SERVICE
STATE OF NEW YORK
COUNTY OFSARATOGA
The undersigned, being duly sworn, deposes and says: that deponent is not a party to this
action, is over 18 years of age and resides in the state of New York.
That, your deponent attempted to personally serve a(n) complaint in mortgage
foreclosure
Jason E. Fulfer AT: 150 D & R Village MHP
Clifton Park, NY
12065-
Dates & times:
1) August 6. 2002 7.30 PM 4)
2) 5)
3)
That your deponent was unable to effect service at the aforementioned dates and times
because: The property is vacant, neighbors state it has been vacant
for a while. There is not a listing in the local telephone
directory for a Jason Fulfer either, Unable to locate for
service.
Sworn to before me this
8th Day August 2002
(So A.o ?p
Notary Public
???.?..,, SARA 6810E
COMMON Evan. x. A ao°s?° 2_
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LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
PLAINTIFF
CUMBERLAND COUNTY
VS.
JASON E. FULFER NO. 02-3038
DEFENDANT(S)
COMPLAINT IN
MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an
Additional thirty (30) days.
Dated: September 25, 2002 BY:
o J dian, Esquire
31 d al Boulevard
I" Floor uite 101
Southampton, PA 18966
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03038 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CREDIT CORP
VS
FULFER JASON E
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
FULFER JASON E the
DEFENDANT at 0839:00 HOURS, on the 2nd day of October 2002
at 316 FORGE ROAD
BOILING SPRINGS, PA 17007 by handing to
JASON FULFER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Additional Comments
810 CHARLOTTE WAY ENOLA IS VACANT.
Sheriff's Costs:
Docketing 18.00
Service 13.80
Affidavit .00
Surcharge 10.00
.00
41.80
Sworn and Subscribed to before
me this /6 - day of
02274n t A. D.
I l ?AOo`
P Prothonotary
So Answers: /z
R. Thomas Kline
10/09/2002
GREGORY JAVARDIAN
!y7p/ Sheri ` ff
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-03038 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CREDIT CORP
VS
FULFER JASON E
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
FULFER JASON E
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On October 9th , 2002 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep York County 21.46
.00
46.46
10/09/2002
GREGORY JAVARDIAN
So answers.-
iE fib
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this I6` day of0t?
260.E A. D.
Prothonota y
YORKTOWNE BUSINESS FOMPS • (717) 225-0363 • FAX (717) 225-0367
7
COUNTY OF YORK
OFFICE OF THE SHERIFF S;R;' , CALL
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/
Conseco Finance Credit
Jason Fulfer
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO Err LEVIED, ATTACHED, OR SOLD.
Jason Fulfer
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TNP, STATE AND ZIP CODE)
AT POE. Rent-way 245 S. George Street York, PA 17403
7. INDICATE SERVICE: ? PERSONAL O PERSON IN CHARGE DEPUTIZE 7 1ST CLASS MAIL O POSTED UOTHER
NOW September 30 20 2 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
or COUNTY to execute the Yg_rif make return -according
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID BY CUMBERLAND CO. SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10 TELEPHONEN MBER
PLEASE TYPE ONLY LINE 1 THRU 12
DO NOT DETACH ANY COPIES
`
Notice and Ccmplaint in
rEG pR 11.DATE FILED
NUMBER
S(R10TNAMp'?(AVNARBAAN1ANR INDUSTRIAL BLVD. 1ST FL. STE 101 215-942-9690 9-27-02
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO. SHERIFF
SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. R. AHRENS 10-1-02 10-27-02
17. HOW SERVED: PERSONAL RESIDENCE ( j POSTED( ) PO SHERIFF'S OFFICE( ) OTHER( ) SEE REMARKS BELOW ergu-m 17. ? hereby certi OT {JLIND b ble to 1 individual, company, etc. name above. (See remarks below)
N A L N AL SE IJUST-AD
SHOWN ABOV ttonship to Defendant) 19. ate Service 120. Tme of Service
.,??r
D-zv7 /)qi-CA//
Int.
Int. I Date I Time I Miles
Int. I Date I Time I Miles I Int. I Date I Time I Miles
22. REMARKS:
651 OZ i 1101-1 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 31 Costs D or efund ck No.
75.00 18.00 1.46 19.46 2.00 21.46 53.54
34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund
41. AFFIRN Fn 94 ll--pgnnh? 4 O ANSWERS
42. day of • NOTARI ® & Dep. Shedfff TE
MELT SA J. HAP-R,,o TARy 6 Q
6
City of York, York County . Signature I York 47. ATE
My Commission Expires April 20, County Sheriff
I? WILLAM M. HOSE 10-4-02
48. Signatureof Foreign 49 OATF
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP
7360 SOUTH KYRENE
TEMPE, AZ 85283
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
No.: 02-3038
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JASON E. FULFER,
Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as
follows:
As Set forth in Complaint $38,999.22
Interest 1,335.18
6/11/02 to 11/12/02
TOTAL $40,334.40
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as
shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
G G Vf VARDIAN, ESQUIRE
ttorney laintiff
Damages are hereby assessed as indicated.
DATE: Al o . 13 a inc, A
J
PRO PROTHY
CONSECO FINANCE CREDIT CORP
Plaintiff
V.
JASON E. FULFER
TO: JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
DATE OF NOTICE: OCTOBER 31, 2002
In The Court of Common Pleas
Cumberland County
No. 02-3038
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims se forth
against you. 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
Lawyer Reference Service
2 Liberty Avenue
Carlisle, PA 1701,3
(800)990-91
(717) 249-3
Gregory Javardian, Esquire
1310 Industrial Boulevard
I" Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dial de esta
notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba
alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes.
Debe llevar esta notificacion a un abogado immediaterrente si usted no tiene abogado, o si no
tiene dinero suficiente para tal servicio, vaya en persona o (lame por telpfono a la oficina, cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE"
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
JASON E. FULFER No.: 02-3038
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of
the following facts, to wit:
(a) Defendant(s), JASON E. FULFER , is/are not in the Military or Naval Service
of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors'
Civil Relief Act of Congress of 1940, as amended.
(b) Defendant, JASON E. FULFER, is over 18 years of age, and resides at 316
FORGE ROAD, BOILING SPRINGS, PA 17007.
(c) Plaintiff, CONSECO FINANCE CREDIT CORP., is an institution conducing
business under the Laws of the Commonwealth of Pennsylvania with an address of 7360
SOUTH KYRENE, TEMPE, AZ 85283.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
G G VARDIAN, ESQUIRE
ar
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LAW OFFICES OF GREGORY JAVARDIAN
By. GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP
7360 SOUTH KYRENE
TEMPE, AZ 85283
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Vs.
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
No.: 02-3038
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JASON E. FULFER, Defendant,
for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for
foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows:
As Set forth in Complaint - Count II $19,239.98
Interest 800.80
6/11/02 to 11/12/02
TOTAL $20,040.78
I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown
above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
for
ESQUIRE
Damages are hereby assessed as indicated. V
DATE: J) 'J z56 a PRO PROTHY
CONSECO FINANCE CREDIT CORP
Plaintiff
V.
JASON E. FULFER
Defendants
In The Court of Common Pleas
Cumberland County
No. 02-3038
TO: JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
DATE OF NOTICE: OCTOBER 31, 2002
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to the claims se forth
against you. 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
Lawyer Reference Service
2 Liberty Avenue
Carlisle, PA 1701
(800)990-91
(717) 249-3
-----------------------
Gregory Javardian, Esquire
1310 Industrial Boulevard
0 Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta
notificacion, el tribunal podia, sin necesidad de compararecer usted en corte o escuchar prueba
alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes.
Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no
tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE"
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LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JASON E. FULFER No.: 02-3038
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) Defendant, JASON E. FULFER, is not in the Military or Naval Service of the
United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of Congress of 1940, as amended.
(b) Defendant, JASON E. FULFER, is over 18 years of age, and resides at 316
FORGE ROAD, BOILING SPRINGS, PA 17007.
business under the Laws of the FINANCE
of Pennsylvania wiith,an address of 7360 SOUTH
KYRENE, TEMPE, AZ 85283.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
ARDIAN, ESQUIRE
_.
_` 1
17
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
7360 SOUTH KYRENE
TEMPE, AZ 85283 CUMBERLAND COUNTY
vs. No.: 02-3038
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
AMENDED
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due - Count I and Count H $60,375.18
Interest from 11/12/02 to Date of Sale
@ $9.92 per diem $
Subtotal $
(Costs to be added)
iRE OR_JA RDIAN, ESQUIRE
At ey for P a' tiff
I. . 1155669
1310Industri Boulevard
Ist Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
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ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to
below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania, which has heretobefore been submitted to the provisions of the Unit Property
Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, of a Declaration of Creating and Establishing Westwood Village
Condominium dated January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment
to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded
June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book.
223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village
Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain
Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13,
1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to
Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on
January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Boob;
241, Pae 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village
Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a
certain Eighth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated
September 14, 1982, and recorded December 14, 1982, in Misc. Book 282, Page 323, and a Code of Regulations
of Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213,
Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village
Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration
Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book
26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium
dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second
Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June
23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of
Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page
100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated
March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3 and amended by a certain Fifth
Amendment to Declaration Plan of Westwood Village Condominium dated Noveifiber 8, 1979 and recorded
November 27, 1979 in Plan Book 37, Page 7.
BEING designated on said Declaration Plan of Westwood Village Condominium as Unit No. 810, Suite 303, L 17-
GA, in Block No. 2, Building 3, KNOWN AS 810 Charlotte Way, Suite 303, Enola, Cumberland County,
Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing
Westwood Village Condominium, as the same appears of record as set forth above, including any amendments
thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such
Declaration) of Six Hundred Eighty-One Thousands Precent (.681 %).
UNDER AND SUBJECT to restrictions of record. TAX PARCEL No. 09-12-2992-OOIA U3303-2.
BEING the same premises which Hansjakob Rothenbacher, a single person, by Deed dated February 3, 1998 and
recorded on February 6, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
171, Page 906, granted and conveyed unto Jason E. Fulfer, a single person.
THE GRANTEE, by acceptance of this deed, for and on behalf of the Grantee and his heirs, personal
representatives, successors and assigns, covenants and agrees to pay such charges for the maintenance of, repairs
to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time
by the Council in accordance with the Unit Property Act of Pennsylvania, as amended, and further covenants and
agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts assessed and that, except
insofar as Sections 705 and 706 of said Unit Property Act may relieve a subsequent Unit Owner of liability for
prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all
subsequent owners thereof.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
7360 SOUTH KYRENE
TEMPE, AZ 85283 CUMBERLAND COUNTY
VS. No.: 02-3038
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due - Count I $40,334.40
Interest from 11/12/02 to Date of Sale
@ $6.63 per diem $
Amount Due - Count II $20,040.78
Interest from 11/12/02 to Date of Sale
@ $3.29 per diem $
Subtotal $
(Costs to be added)
VARDIAN, ESQUIRE
1310 In(VArial Boulevard
1 st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
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ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to
belo%, as Westwood Village Condominium located in East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania, which has heretobefore been submitted to the provisions of the Unit Property
Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, of a Declaration of Creating and Establishing Westwood Village
Condominium dated January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment
to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded
June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book
223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village
Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain
Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13,
1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to
Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on
January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book
241, Pae 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village
Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a
certain Eighth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated
September 14, 1982, and recorded December 14, 1982, in Misc. Book 282, Page 323, and a Code of Regulations
of Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213,
Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village
Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration
Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Boot:
26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium
dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second
Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June
23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of
Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page
100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated
March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3 and amended by a certain Fifth
Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded
November 27, 1979 in Plan Book 37, Page 7.
BEING designated on said Declaration Plan of Westwood Village Condominium as Unit No. 810, Suite 303, L17-
GA, in Block No. 2, Building 3, KNOWN AS 810 Charlotte Way, Suite 303, Enola, Cumberland County,
Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing
Westwood Village Condominium, as the same appears of record as set forth above, including any amendments
thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such
Declaration) of Six Hundred Eighty-One Thousands Precent (.681%).
UNDER AND SUBJECT to restrictions of record. TAX PARCEL No. 09-12-2992-OOIA U3303-2.
BEING the same premises which Hansjakob Rothenbacher, a single person, by Deed dated February 3, 1998 and
recorded on February 6, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
171, Page 906, granted and conveyed unto Jason E. Fulfer, a single person.
THE GRANTEE, by acceptance of this deed, for and on behalf of the Grantee and his heirs, personal
representatives, successors and assigns, covenants and agrees to pay such charges for the maintenance of, repairs
to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time
by the Council in accordance with the Unit Property Act of Pennsylvania, as amended, and further covenants and
agrees that the Unit conveyed by this Deed shall be subject to a charge for all amounts assessed and that, except
insofar as Sections 705 and 706 of said Unit Property Act may relieve a subsequent Unit Owner of liability for
prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all
subsequent owners thereof.
CONSECO FINANCE CREDIT CORP.
VS.
JASON E. FULFER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-3038
AFFIDAVIT PURSUANT TO RULE 3129.1
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 810 CHARLOTTE
WAY, ENOLA, PA 17025:
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JASON E. FULFER 316 FORGE ROAD
BOILING SPRINGS, PA 17007
2. Name and address of Defendant(s) in the judgment:
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Westwood Village Condominium Assoc.
East Pennsboro Township
650 Westwood Drive
Enola, PA 17025
98 S. Enola Drive
Enola, PA 17025
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Green Tree Consumer Discount Company 3401 Hartzdale Drive, Suite 118
Camp Hill, PA 17011
Green Tree Consumer Discount Company 7360 South Kyrene Road
c/o Conseco Finance Tempe, AZ 85283
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
Dept. of Public Assistance
PA Department of Public Welfare
Bureau of Child Support Enforcement
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
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:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 810 CHARLOTTE WAY
ENOLA, PA 17025
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities.
O JAVARDIAN, ESQUIRE
Attorn or Plaintiff
December 1, 2002
AW OF GREGORY JAVAIAN
L OFFICES
x YJAVARDIAN,ESQ
GREGOR 55669
IDENTIFICATION NO. LEV
13101NDUSTSUAITE L 10 EV?D
1ST FLOOR, PA 18966
SOUTHAMPTON,
215 942-9690
CORP. FINANCE CREDIT VS.
JASON E. FULFER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.'. 02-3038
TO: JASON E. FULFER
316 FORGE ROAD PA 11007
BOILING SPRINGS, E PA 17025, is scheduled to be
the Cumberland County Courthouse, l
,10 CHART-OTTE wAY NOjudgments for a total
of $60,375.18
Your house (real estate) at in
, to enforce the court
sold at Sheriffs Sale on MARCH 5 2003 at 1f against you.
You-
Courthouse Square, Car lisle, PA 17013
obtained by CONSECO FINANCE CREDIT COR
GHTS
NOTICE OF OWNER'S RI TT c c AT P
To prevent this Sheriff s Sale, you must take immediate action:
back payments, late
the mortgagee the you may , c az'ge21 S-2
1. The sale will be cancelled if you pay to out how much you must pay,
costs and reasonable attorneys fees due. To find
94 90 etition asking the Court to strike or open
the sale by filing a p ask the Court to postpone the,
You may be able to stop entered. You may also
judgment, if the judgment was improperly
for good cause. Proceedings'
• You may also be able to stop the sale through other legal P you contact one, 'the more c
3You may need an attorney to assert your rights. The sooner y
the sale. (See notice on page two on how to obtain an attorney.)
you will have of stopping
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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You.
may find out the price bid by calling (215) 942-9690.
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 sake.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
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 the 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.
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. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if yolu
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 LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to
enaboro Township, Cumberland County,
Commonwealth of Pennsylvania, which haslheretbefore been submitted to the provisions of
Pennsylvania Act of July 3, 1963, P.L. 196by the recording
for Cumberland rland Co ' I
Condominium dated um the Unit Property
Act ofPJanuaPennsylvania, of a Declarat ion 213, of page Creatin283 g ng and and Esta blis stakehin ng the Westwood of g
Beds in and
1975, in Boo
Misc.
to Declaration Creating and Establishing Westwood Village Condominium nded by a certain First Amendment
ook 222, Page 729, and a certain Second dated May 28, 1976,
ord
Establishing Westwood Village Condomini Amendment to Declaration r at rec ed
223, Page 343, and a certain Third um dated cJuly
la 21,ration 1976, and recorded on July 2n July 26, 19766, 1976inng and
Condominium dated June 9, 1978 Amendment to Decla Creatin Misc. Book
Fourth , and recorded on June 23, 1978, in Misc. Book 2136 Page 225, and ailcertain
1978, and recorded on Declaration
and
23tion recorded on Creating an Book Establishing Westwood
stablishin Village Condominium dates June 13,
Creating and Establishing'
Janua g g Westtv 236, Page 250, and a certain Fifth Amendment to
Establishi23 ood ng 1979, in Misc. B ge 884and a?e aindS zth um dated January
Book 240 Pa ry 9, 1979,
Lion and recorded on
241, lis ing Westwood Village Condominium dated March 1, 1979, and recorded o March 12 1979
g tion Creating Pae 836, and a certain Seventh Amendment to Declaration Creating and Estabishin and
Condominium dated November 8, 1979, and recorded Nov ' ° . Book
certain Eighth Amendment to Declaration Creating and Establishing 7' 1979 g W??O0d in Village
September 14, 1982, and recorded Dec ' in Misc. Book 249, Page 323, dated and a
of WeS?, ember 14, 1982, in W??'O°d Village Condominium dated
ood Village Condominium dated January Misc. Book 282, Page 323, and a Code of Re
Page 328, and amended by a certain First D' 29, 1975, and recorded January 29, 1975 gulations
Condominium dated May 28, 1976 Amendment to Code of Regulations of W ' in Misc. Book 213,
Plan of Westwood Village Condo , and recorded on June 22, 1976, in ?OOd Village
26, Page 15, and amended b mm dated Janua Misc. Book 222, page 737, and Declaration
by a certain First D 29, 1975, and recorded on Janua 2
Amen endment to Declaration Plan of Westwood Village ge Condominium
dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended b 1975 in Plan Book
Amendment to Declaration Plan of Westwood Village Condominium 23, dated June 16, 1978, and recorded on JJuuned
Westwood Village Condominium amended by a certain Third
, and record 100, and mmium dated January 9, 1979 Amendment 2 to Declaration Plan
oo 34
March and 19 ended and rby a ecorde certain 121 Amendment to Declaration Plan of Westwo 1979
in Plan Book 3, Page 79, 'arc
endment h 1, to Declaration Plan of Westwood' in Plan Book 35, Page 3 and amended by age Condominium dated certain Fifth
November 27, 1979 in Plan Book 37, page 7 Village Condominium dated November 8y 1979 and recorded
BEING designated on said Declaration Plan of WeStw GA, in Block No. 2, Building 3, g1\1O ood Village Condo
Unit No. 810, Suite 303, L17-
Pennsylvania as AS 810 Charlotte Way, timberland
more fully described in such Declaration Plan and Declaration creating
Westwood Village Condo County
,
thereto, TOGETHER with i iu , as the same
Establishing
appeared interest record as set forth above, including any amendments
and pd? s Of c in the Co (as and defined in such
Declaration) of Six Hundred Eighty-one Thousands Precent (.681 %).
Common Elements
UNDER AND SUBJECT to restrictions of record, TAX BEING the same premises which Hansjakob Rothenbacher a single No. 09-12-2992-00]A U3303-2.
recorded on February 6, 1998 in the Office of the Recorder,of Di
171, Page 906 ?e Person, by Deed dated February 3, 1998 and
granted and conveyed unto Jason E. Fulfer, a single s in and for C
timberland County in Deed Book
THE GRANNTEE b person.
representatives successors e o this deed, for and on behalf of the Grantee and his heirs
to, replacement of and sore anad d in assi cons covenants and agrees to pay such char , personal
by the Council in accordexpees ance with the nectio owith the Common Elements g? for the maintenance of repairs
agrees that the Unit core ed b p rty Act of Pennsylva a, a many d e assessed from time to is an insofar as Sections co and d b 706 this Deed shall be subject to a charge for all amounts assessed and that, except
705 prior unpaid assessments, this covenant shall liability for
run with and bind therelieve
went Unit owner of
subsequent owners thereof. eyed and all
land or um hereby conv
'
L
S ~ `'
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-3038 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONSECO FINANCE CREDIT CORP Plaintiff (s)
From JASON E. FULFER, 3161 FORGE ROAD, BOILING SPRINGS PA 17007.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 810 CHARLOTTE WAY, ENOLA PA 17025 (SEE ATTACHED LV-GAL
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 $60,375.18
Interest 11/12/02 TO 315103 @ $9.92 per diem
Atty's Comm %
Atty Paid $207.61
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: DECEMBER 3, 2002
(Seal)
REQUESTING PARTY:
CURTIS R. LONG
Prothonotary
By:
DepJdy 1 61
Name GREGORY JAVARDIAN, ESQ.
Address: 1310 INDUSTRIAL BLVD.
1sT FLOOR, SUITE 101
SOUTHAMPTON PA 18566
Attorney for: PLAINTIFF
Telephone: (215) 942-9690
Supreme Court ID No. 55669
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP
7360 SOUTH KYRENE
TEMPE, AZ 85283
vs
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
COURT O,' COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-302 8
PRAECIPE FOR VOLUNTARY SUBSTITI JTION OF PARTY PLAINTIFF
PURSUANT TO Pa. I.C.P. 2352
TO THE PROTHONOTARY:
Pursuant to Pa.R.C.P. 2352, kindly substitute CON"ECO FINANCE CONSUMER DISCOUNT
COMPANY F/K/A GREEN TREE CONSUMER DISCO" JNT COMPANY as Plaintiff in the captioned
matter for CONSECO FINANCE CREDIT CORP., who is the current Plaintiff herein.
The facts on which the right of succession and sub,, -itution are based are as follows:
CONSECO FINANCE CONSUMER DISCOUNT -OMPANY F/K/A GREEN TREE
CONSUMER DISCOUNT COMPANY is the cur?; nt holder of the mortgages by virtue of that
certain Mortgage dated December 31, 1998 and re, 3rded January 5, 1999 in the Recorder of
Deeds of Cumberland County in Mortgage Book \ ?1. 1511 Page 259 and that certain Mortgage
dated October 20, 1999 and recorded October 22, ';,)99 in the Recorder of Deeds of Cumberland
County in Mortgage Book Vol. 1578 Page 1.
I further certify that the address of CONSECO FIl . kNCE CONSUMER DISCOUNT
COMPANY F/K/A GREEN TREE CONSUMER DISCO' NT COMPANY is 7360 SOUTH KYRENE
TEMPE, AZ 85283
GREG D JA IAN, ESQUIRE
Atton;-or P'lai ff
Date: January 16, 2003
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LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP.
VS.
JASON E. FULFER
COURT OF COM[M[ON PLEAS
CUMBERLAND COUNTY
No.: 02-3038
AFFIDAVIT OF SERVICE PURSUANT 'TO RULE 3129.1
I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants'
certified and regular United States mail and all lien holders or judgment creditors of record as
required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below.
(See attached Exhibit "X').
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013-3387
Dept. of Public Assistance
33 Westminster Drive, P.O. Box 599
Carlisle, PA 17013-0599
Tenants/Occupants
810 CHARLOTTE WAY
ENOLA, PA 17025
PA Department of Public Welfare
Bureau of Child Support Enforcement
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
Green Tree Consumer Discount Company
3401 Hartzdale Drive, Suite 118
Camp Hill, PA 17011
Green Tree Consumer Discount Company
c/o Conseco Finance
7360 South Kyrene Road
Tempe, AZ 85283
Westwood Village Condominium Assoc.
650 Westwood Drive
Enola, PA 17025
East Pennsboro Township
98 S. Enola Drive
Enola, PA 17025
Westwood Village Condominium Assoc.
P.O. Box 233
Hummelstown, PA 17036
Dated: f /0-3
f
GREGOR VARDI , ESQUIRE
Attorney for Plaintiff
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C3 ASON E. FnFER
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December 1, 2002
TO:
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
CUMBERLAND C.C.P. NO
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
ALL PARTIES IN INTEREST AND CLAIMANTS
JASON E. FULFER
CONSECO FINANCE CREDIT CORP.
JASON E. FULFER
810 CHARLOTTE WAY
ENOLA, PA 17025
02-3038
The above captioned property is scheduled to be sold at Sheriffs Sale on MARCH 5, 2003 at
10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You
may hold a judgment on the property, which may be extinguished by the sale. You may wish to
attend the Sheriffs Sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
Sin?ggory a
vardian, squire
Law Offices of Gregory Javardian
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
n ?=
r ?t ;,
.'ONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
JASON E. FULFER No.: 02-3038
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1
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 810 CHARLOTTE WAY,
ENOLA, PA 17025:
Name and last known address of every judgment creditor whose; judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Westwood Village Condominium Assoc.
P.O. Box 233
Hummelstown, PA 17036
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
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:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the penalties
of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
G RY J ARI;IIAN, ESQUIRE
January 16, 2003 Attorny for Plaintiff
b
tee,? (jl
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State dd hereby certify that
the Sheriff's Deed in which
is the grantee
the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a
writ Execution issued on the 3rd day of December, A.D., 2002, out of the Court of Common Pleas of
said County as of Civil Term, 2002 Number 3038, at the suit of Conseco Finance Credit CoM against
Jason E Filfer is duly recorded in Sheriff's Deed Book No. 256, Page 636.
IN TESTIMONY WHEREOF, I hay a hereunto set my hand
and seal of said office this l? day of
A.D. 2003
i
a
of Deeds
M Cownbeiw Exi*ss tl?e Fi?rtC dIJ?.?me
I
?I
I
I
I
Conseco Finance Credit Corp. In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Jason E. Fulfer Writ No. 2002-3038 Civil Tefm
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on December 12, 2002 at 9:15 o'clock PM, he served a true copy of the wi in Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jason E. Fulfer, by making known unto Jason Fulfer personally, at
316 Forge RoadBoiling Springs, PA 17007, Cumberland County, Pennsylvania, its
contents and at the same time handing to him personally the said true and correct copy of
the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on January 07, 2003 at 6:20 o'clock P.M., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Jason E. Fulfer located at 810 Charlotte Way, Enola, Pennsylvrania, 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 f llowing
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Jason E. Fulfer by regular mail to his last known address of
316 forge Road, Boiling Springs, PA 17007. This letter was mailed unde? the date of
January 13, 2003 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 th within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Gregory Javardian for Conseco Finance Consumer Discount
Company f/k/a Green Tree Consumer Discount Company. It being the hi hest bid and
best price received for the same, Conseco Finance Consumer Discount Company f/k/a
Green Tree Consumer Discount Company of 7360 S. Kyrene Road, Tempe AZ 85283,
being the buyer in this execution, paid to Sheriff R. Thomas Kline the su of $1,675.78,
it being costs.
Sheriff s Costs:
Docketing $30.00
Poundage 32.85
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer - 10.00
Law Library .50
Prothonotary 1.00
Mileage 15.18
Certified Mail 1.95
Levy 15.00
Surcharge 20.00
Law Journal 781.55
Patriot News 618.04
Share of Bills 25.21
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$1,675.78
Sworn and subscribed to before me
This SG " day of. PZ64
2003, A.D. --
P othonotary
So Answers:
R. Thomas Kline, Sheriff
BYSk
Real Estate Deputy
3 n-J°
Cfz. gao3S
A) . /365,//
CONSECO FINANCE CREDIT CORP. COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JASON E. FULFER No.: 02-3038
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for t* Writ of Execution
was filed the following information concerning the real property located at 81 CHARLOTTE
WAY ENOLA, PA 17025:
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if add?ess cannot be
reasonably ascertained, please indicate)
JASON E. FULFER 316 FORGE ROAD
BOILING SPRINGS, PA ,17007
2. Name and address of Defendant(s) in the judgment:
JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
3. Name and last known address of every judgment creditor whose judgme* is a record lien on the
real property to be sold:
Name
Last Known Address (if dress cannot be
reasonably ascertained, pl ase indicate)
Westwood Village Condominium Assoc.
East Pennsboro Township
650 Westwood Drive
Enola, PA 1.7025
98 S. Enola. Drive
Enola, PA 17025
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Green Tree Consumer Discount Company
Green Tree Consumer Discount Company
c/o Conseco Finance
3401 Hartzdale Drive, Suit 118
Camp Hill, PA 17011
7360 South Kyrene Road
Tempe, AZ 85283
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Cumberland County Domestic Relations
Last Known Address (if dress cannot be
reasonably ascertained, phase indicate)
13 N. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
Dept. of Public Assistance
PA Department of Public Welfare
Bureau of Child Support Enforcement
1 Courthouse Square
Carlisle, PA 17013-3387
33 Westminster Drive, P.(. Box 599
Carlisle, PA 17013-0599
Health and Welfare Buil ' - Room 432
P.O. Box 2675
Harrisburg, PA 17105-26:75
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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 810 CHARLOTTE WAY
ENOLA, PA 17025
I verify that the statements made in this affidavit are true and correct t the best of my
knowledge, information and belief. I understand that false statements herein a subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities
AVARDIAN,
Plaintiff
December 1, 2002
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
CONSECO FINANCE CREDIT CORP.
VS.
JASON E. FULFER
COURT OF COMMON
CUMBERLAND CO
No.: 02-303,3
NU'11L;r Vr an?nll1 _-
TO: JASON E. FULFER
316 FORGE ROAD
BOILING SPRINGS, PA 17007
Your house (real estate) at 810 CHARLOTTE WAY n t}eNCumbePA 1 25, isC Courthouse, to be
sold at Sheriffs Sale on MARCH 5, 2003 at 10:00 A .M.,
Courthouse Square, Carlisle, PA 17013, to enforce the court judgments for a total of $60,375.18
obtained by CONSECO FINANCE CREDIT CORP., against you.
NOTICE OF OWNER'S RIGHTS
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay
find out how much you must pay, you,mlate ay cal?g 215
costs and reasonable attorney's fees due. To
942-9690.
2. You may be able to stop the sale by filing a petition asking the ourt to strike or open the
judgment, if the judgment was improperly entered. You may also ask th 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 more chance
you will have of stopping the sale. (See notice on page two on how to o tain an attorney.)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-3038 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONSECO FINANCE CREDIT CORP Plaintiff (s)
From JASON E. FULFER, 3161 FORGE ROAD, BOILING SPRINGS PA 17007.
(1) You are directed to levy upon the property of the defendant (s)and to sell rACHED ESTATE
LOCATED AT 810 CHARLOTTE WAY, ENOLA PA 17025 ( SEE AT LEGAL
DESCRIPTION).
(2) You are also directed to attach the property of the defendant(s) not levied upon in tl?e 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 a 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 $60,375.18
Interest 11/12/02 TO 3/5/03 @ $9.92 per diem
Atty's Comm %
Atty Paid $207.61
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: DECEMBER 3, 2002
(Seal)
REQUESTING PARTY:
Name GREGORY JAVARDIAN, ESQ.
Address: 1310 INDUSTRIAL BLVD.
1sT FLOOR, SUITE 101
SOUTHAMPTON PA 18566
Attorney for: PLAINTIFF
Telephone: (215) 942-9690
Supreme Court ID No. 55669
CURTIS R. LONG
Real Estate Sale # 44
On December 9, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
known and numbered as 810 Charlotte Way, Enola
more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: December 9, 2002 By: \jOCCq jmd/l
Real Estate Deputy
SpAige
THE PATRIOT NEWS
SUNDAY PATRIOT NEW`
THE
Proof of Publication1929
Under Act No. 587, Approved May 16
Commonwealth of Pennsylvania, County of Dauphin) ss
DENNISON being duly sworn according to law, deposes and says: That he is the Asst.
JOSEPH A. corporation organized and existing under the laws of the PatriotCommonwealth s
Controller of The Patriot News CO.' a and place of business at 8xi to 818 Market Street, in the City of Harrib s
with its principal office ubllsher of The Patriot-News and The Sunda News
Pennsylvania, lvania, owner and p tember
County of Dauphin, County and to
State of PennsY printed and published at 812 to 818 Market Street, chin the City,
1854 and Sep
a ers of general circulation, p Patriot-News were established Mar 4th,
newsp P
aforesaid; that The Patriot-News and The Sun day ublished ever since; printed and published in
18th, 1949, respectively, and all have been continuously p and the 4th and
pr That inted notice or publication which wh cf s apps edtonhthe 28th day(s) of act y subject January matter of said printed
p
at the
their regular daily and/or Sunday/ Metro editions is interested in the ations of this statement as to the time, place and character of
11th day(s) of Februar00at allhof thetaleleg he nor said Company
notice or advertising, and authorized and empowered to verify this
publication are true; and and
personal knowledge of the facts aforesaid and is duly y duly recorded in
That he hasp virtue and pursuant to a resolution unanim ously passed
e
d aforesaid by
statement on behalf of The Patriot-News CO. nt)
Miscellaneous and Book subsequ "e
adopted severally by the stockholders an d fordsaiddCoun?y offDauphin aid in Company
the office for the Recording of Deeds i
Volume 14, Page 317. 1
................. f e ary 2003 A.D.
PUBLICATION Sworn to and sub rib d b ore a this '14th aY ?j
., .
COPY
SALE #44
REAWE
rit SNN .2002--30380
CIAl Term
Conseco Finance Consumer
Discount Company J1Wa Green
Tree Consumer Discount
Company, successc>in Interest
to Conseco Finance Credit Corp.
Jason E. Fuftr
Atty: Gregory Javardlan
DESCRIPTION
ALL THAT CERTAIN unit in the property
known, named and identified in the Declaration
Plan, referred to below as Westwood Village
Condominium located in East Pennsboro
Township, Cumberland County, Commonwealth
of Pennsylvania, which has heretobefore been
submitted to the provisions of the Unit PropeL
Act of Pennsylvania, Act of July 3, 1963E P the
Notarial Seal
Terry L. Russell, Notary P Q.
City Of Harrisburg, Dauphin Courr
my C ni,,, Expires June 6, 2006
fiber Pertnsytvam Association of Nohai
&TARY PUBLIC
commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND CPOUNN COURTHOUSE
CARLISLE,
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached $ 616.29
hereto on the above stated dates Fee(s) $ 1.75
Notary 618.04
Probating same $
Total
196, by the recording in the Office o cost
Recorder of Deeds in and for Cumberland 's Receipt for Advertising
ers of general
County. Pennsylvania, of a Declaration of Publisher Patriot-News, newspap same have
h r of The Patriot-News and The un av ?-- ,
osts and certifies that the
The Patriot News Co., publis a publication c
circulation, hereby acknowledge receipt of the aforesaid notice and been duly paid- By .........................................................
„__i
Creating and Establishing Westwood Village
Condominium dated January 291975, in Misc.
Book 213, Page 283, and amended by a certain
First Amendment tq Declaration Creating and
Establishing Westwood Village Condominium
dated May 28, 1976, and recorded June 22, 1976,
in
Misc. Book 222, Page 729, and a certain Second
Amendment to Declaration Creating
Establishing Westwood and
Village Condominium
dated July 21, 1976, ,and recorded on July 26,
1976, in Misc. Book 223Page 343, and a certain
Third Amendment to Dec' lazation Creating and
Establishing Westwood Village Condominium
dated June 9, 1978, and recorded on June 23,
1978, in Misc. Book 236, Page 225, and a certain
Fourth Amendment to Declaration Creating and
Establishing Westwood Village Condominium
dated June 13, 1978, and r
1978 ecorded on June 23,
, in Misc, Book 236, Page 250, and a certain
Fifth Amendment to Declaration Creating and
Establishing Westwood Village Condominium
dated January 9, 1979, and recorded on January
23, 1979, in Misc. Book 240, Page 884, and a
certain Sixth Amendment to Declaration Creating
and Establishing Westwood Village
Condominium dated March 1, 1979, and
recorded March 12, 1979, in Misc. Book 241,
Page 836, and a certain Seventh Amendment to
Declaration Creating and Establishing Westwood
Village Condominium dated November 8, 1979,
and recorded November 27, 1979, in Misc. Book
249, Page 323, and a certain Eighth Amendment
to Declaration Creating and Establishing
Westwood Village Condominium dated
September 14, 1982, and recorded December 14,
1982, in Misc. Book 282, Page 323, and a Code
of Regulations of Westwood Village
Condominium dated January 29, 1975, and
recorded January 29, 1975, in Misc. Book 213,
Page 328, and amended by a certain Firs
Amendment to Code of Regulations of Westwood
Village Condominium dated May 28, 1976, a
recorded on June 22,1976, in Misc. Book 222,.
Page 737, and Declaration Plan of Westwood
Villa Condominium dated January 1975, and
recorded on January 1975 in Plan Book 26, Page
15, amended by a certain First Amendment to
Declaration Plan of We wood Village
Condominium dated July 21,1976, and recorded
on July 26,1976, in Plan Book 28, Page 7 and
am
ended by a certain Second Amendment to
Declaration Plan Westwood
Co ndomin um dated June 6, 1978, and recvillae
orded
on June 23, 1978, in Plan Book 33, Page 28, and
amended by a certain Third Amendment to
Declaration Plan of Westwood Village
Condominium dated January 9, 1979, and
recorded January 23, 1979, in plan Book 34,
Page 100, and amended by a certain Fourth
Amendment to Declaration Plan of Westwood
Village Condominium dated March 1, 1979, and
recorded March 12, 1979, in Plan Book 35, Page
3 and amended by a certain Fifth Amendment to
Declaration Plan of Westwood Village
Condominium dated November 8,
Page 7 1979 and
recorded November 27, 1979 in Plan Book 37,
.
=,,n ated on said Declaration Plan of
Village Condominium as Usk No.
am suite. 303, W-GA, in Bieck No. 2,
Building 3, KNOWN AS 810 Charlotte Way,
Suite 303, En* Cumberland Couuty,
Pennsylvania, as more Fully described in such
DarJstation Plan and Declaration Creating and
Boblishing Westwood Village Condominium, as
the same appears of record as set forth above,
including any amendments thereto, TOGETHER
with a proportionate undivided interest in the
common Elements (at defined in such
Declaration) of Six Hundred Eighty-One
Thousands Percent (.681 %).
UNDER AND SUBJECT to restrictions of
record.
TAX PARCEL No. 09-12-2992-OOIA U3303-2.
BEING the same premises which Hansjakob
Rothenbacher, a single person, by Deed dated
February 3, 1998 and recorded on February 6,
1998 in the Office of the Recorder of Deeds in
and f9r Cumberland County in Deed Book 171,
Page 906, granted and conveyed unto Jason E.
Fuller, a single person.
THE GRANTEE, by acceptance of this deed, for
and on behalf of the Grantee and his heirs,
personal representatives, successors and assigns,
covenants and agrees to pay such charges for the
maintenance of, repairs to, replacement of and
expenses in connection with the Common
Elements as may be assessed from time to time
by the Council in accordance with the Unit
Property Act of Pennsylvania, as amended, and
further covenants and agrees that the Unit
conveyed by this Deed shall be subject to a
charge for all amounts assessed and that, except
insofar as Sections 705 and 706 of said Unit
Property Act may relieve a subsequent Unit
Owner of liability for prior unpaid assessments,
this covenant shall run with and bind the land or
unit hereby conveyed and all subsequent owners
thereof.
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:
JANUARY 31, FEBRUARY 7, 14, 2003
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. 44
Writ No. 2002-3038 Civil
Conseco Finance Credit Corp.
VS.
Jason E. Fulfer
Atty.: Gregory Javardian
ALL THAT CERTAIN unit in the
property known, named and identi-
fied in the Declaration Plan, referred
to below as Westwood Village Con-
dominium located in East Pennsboro
Township, Cumberland County, Com-
monwealth of Pennsylvania, which
has heretobefore been submitted to
the provisions of the Unit Property
Act of Pennsylvania, Act of July 3,
1963, P.L. 196, by the recording in
the Office of the Recorder of Deeds
in and for Cumberland County, Penn-
sylvania, of a Declaration of Creat-
ing and Establishing Westwood Vil-
lage Condominium dated January
29, 1975, in Misc. Book 213, Page
283, and amended by a certain First
Amendment to Declaration Creating
TO AND SUBSCRIBED before me this
14 day of FEBRUARY, 2003
otqr QI &aP)' i 1 C?ffiY ,'t? Coun?r
My C t ?tl E? March 5, 5
and Establishing Westwood Village
Condominium dated May 28, 1976,
and recorded June 22, 1976, in
Misc. Book 222, Page 729, and a
certain Second Amendment to Dec-
laration Creating and Establishing
Westwood Village Condominium
dated July 21, 1976, and recorded
on July 26, 1976, in Misc. Book
223, Page 343, and a certain Third
Amendment to Declaration Creating
and Establishing Westwood Village
Condominium dated June 9, 1978,
and recorded on June 23, 1978, in
Misc. Book 236, Page 225, and a
certain Fourth Amendment to Dec-
laration Creating and Establishing
Westwood Village Condominium
dated June 13, 1978, and recorded
on June 23, 1978, in Misc. Book
236, Page 250, and a certain Fifth
Amendment to Declaration Creating
and Establishing Westwood Village
Condominium dated January 9,
1979, and recorded on January 23,
1979, in Misc. Book 240, Page 884,
and a certain Sixth Amendment to
Declaration Creating and Establish-
ing Westwood Village Condominium
dated March 1, 1979, and recorded
March 12, 1979, in Misc. Book 241,
Pae 836, and a certain Seventh
Amendment to Declaration Creating
and Establishing Westwood Village
Condominium dated November 8,
1979, and recorded November 27,
1979, in Misc. Book 249, Page 323,
and a certain Eighth Amendment to
Declaration Creating and Establish-
ing Westwood Village Condominium
dated September 14, 1982, and
recorded December 14, 1982, in
Misc. Book 282, Page 323, and a
Code of Regulations of Westwood
Village Condominium dated Janu-
ary 29, 1975, and recorded Janu-
ary 29, 1975, in Misc. Book 213,
Page 328, and amended by a cer-
tain First Amendment to Code of Reg-
ulations of Westwood Village Con-
dominium dated May 28, 1976, and
recorded on June 22, 1976, in Misc.
Book 222, Page 737, and Declara-
tion Plan of Westwood Village Con-
dominium dated January 29, 1975,
and recorded on January 29, 1975
in Plan Book 26, Page 15, and
amended by a certain First Amend-
ment to Declaration Plan of West-
wood Village Condominium dated
July 21, 1976, and recorded on July
26, 1976, in Plan Book 28, Page
72, and amended by a certain Sec-
ond Amendment to Declaration Plan
of Westwood Village Condominium
. -._ .» _...,_._. _ V
dated June 16, 1978, and recorded
on June 23, 1978, in Plan Book 33,
Page 28, and amended by a certain
Third Amendment to Declaration
Plan of Westwood Village Condo-
minium dated January 9, 1979, and
recorded January 23, 1979, in Plan
Book 34, Page 100, and amended
by a certain Fourth Amendment to
Declaration Plan of Westwood Vil-
lage Condominium dated March 1,
1979, and recorded March 12,
1979, in Plan Book 35, Page 3 and
amended by a certain Fifth Amend-
ment to Declaration Plan of West-
wood Village Condominium dated
November 8, 1979 and recorded No-
vember 27, 1979 in Plan Book 37,
Page 7.
BEING designated on said Dec-
laration Plan of Westwood Village
Condominium as Unit No. 810, Suite
303, L17-GA. in Block No. 2, Build-
ing 3, KNOWN AS 810 Charlotte
Way, Suite 303, Enola, Cumberland
County, Pennsylvania, as more fully
described in such Declaration Plan
and Declaration Creating and Es-
tablishing Westwood Village Condo-
minium, as the same appears of rec-
ord as set forth above, including any
amendments thereto, TOGETHER
with a proportionate undivided in-
terest in the Common Elements (as
defined in such Declaration) of Six
Hundred Eighty-One Thousands
Precent (.681%).
UNDER AND SUBJECT to re-
strictions of record. TAX PARCEL
No. 09-12-2992-00 lA U3303-2.
BEING the same premises which
Hansjakob Rothenbacher, a single
person, by Deed dated February 3,
1998 and recorded on February 6,
1998 in the Office of the Recorder
of Deeds in and for Cumberland
County in Deed Book 171, Page
906, granted and conveyed unto
Jason E. Fulfer, a single person.
THE GRANTEE, by acceptance
of this deed, for and on behalf of
the Grantee and his heirs, personal
representatives. successors and as-
signs, covenants and agrees to pay
such charges for the maintenance
of, repairs to, replacement of and
expenses in connection with the
Common Elements as may be as-
sessed from time to time by the
Council in accordance with the Unit
Property Act of Pennsylvania, as
amended, and further covenants
and agrees that the Unit conveyed
by this Deed shall be subject to a
charge for all amounts assessed and
that, except insofar as Sections 705
and 706 of said Unit Property Act
may relieve a subsequent Unit
Owner of liability for prior unpaid
assessments, this covenant shall
run with and bind the land or unit
hereby conveyed and all subsequent
owners thereof.
9s
B4/