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. .
LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
7360 S. KYRENE ROAD
TEMPE, AZ 85283
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO. C;'<" - 3637
('
C/(')L'(/~
CLAIR F. KIMMEL, JR.
SHIRLEY A. KIMMEL
334 CHARLES ROAD
MECHANICSBURG, PA 17055
DEFENDANTS
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, P A 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 JA V ARDlAN
BY: GREGORY JA V ARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1ST Fl.oOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
7360 S. KYRENEROAD
TEMPE, AZ 85283
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO. O~- JCl39
Cw;l t-~
CLAIR F. KIMMEL, JR.
SHIRLEY A. KIMMEL
334 CHARLES ROAD
MECHANICSBURG, PA 17055
DEFENDANTS
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
1. Conseco Finance Consumer Discount Company, (hereinafter referred to as
"Plaintiff') is an Institution, conducting business under the Laws of the
Commonwealth of Pennsylvania and brings this action to foreclosure the
mortgage between Clair F. Kimmel, Jr. and Shirley A. Kimmel, Mortgagors
(hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage
was dated November 15, 1999 and was recorded in the Office of the Recorder of
Deeds and Mortgages in Cumberland County in Mortgage Book 1582, page 1095.
A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'.
2. The Mortgage is secured by Defendants Note dated November 15, 1999 in the
amount of $32,083.00 payable to Plaintiff in monthly installments with an interest
rate of 13.95%.
3, The land subject to the mortgage is:
334 Charles Road, Mechanicsburg, PA 17055
4, The Defendants, Clair F. Kimmel, Jr. and Shirley A. Kimmel are the real owners
of the land subject to the mortgage and the Defendants' address is :
334 Charles Road, Mechanicsburg, PA 17055.
5, The Mortgage is now in default due to the failure of the Defendants to make
payments as they become due and owing. The following amounts are due:
Principal Balance
Interest to 6/7/02
Accumulated Late Charges
Deferred Interest Assessment (Extension
5/19/01; 6/19/01; 7/19/01)
BPO
Property Maintenance
Attorney Fees/Costs
TOTAL
$31,854.62
3,928.32
452.73
1,032.73
160.00
58.00
3,700.00
$41,186.40
plus interest from 6/8/02 at $12.28 per day, costs of suit and attorney fees.
6, In accordance with the provisions ofthe 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 March 20, 2002. The Defendants 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 Defendants, in the
sum of $41,186.40 together with the interest from 6/8/02 at $12.28 per day, costs of suit
and attorney fees.
Law Offices of Gregory Javardian
. GT~1S.39.011 15199)
~ C~e~~~Fin~nce Conaumer Di.count Company
3(Oi ~rtzdale Drive Suite 118
Camp Bill. P~ylvania 1701l
A
1ication ~ 9910227434
Clair F Kimmel, Jr
Shirley A Kimmel
334 Charles Rd
Mechanicsburg, PA 17055
~B&-4
Loan Number
Date
Maturity 0_
Loan Amount $
Renewal Of
,;
!
BORROWER'S NAME AND ADDRESS
"I" includes each Borrower above,
jointly and severally.
,.XSecondary Mortgage Loan
J This agreement is subject to the provisions of tha Sacondary Mortgaga loan Act.
For value received, I promise to pay to you at your address listed abova the PRINCIPAL sum of Th; Try Twn
'l'ht'",,,..nti F.;ghry Thr"'''' ..nti Nn/l00 Dollars $ ~7 OR~ no
..x Single Advance: I will receive all of this principal sum on "'nv..mh..r 1 Q 1 QQQ , No additional advances are
contemplated under this note.
KU.Multiple Advance: The principal sum shown above is the maximum amount of pri!lcipal I can borrow under this note.
On I will receive the amount of $ and future principal advances are contemplated.
. You and I agree that I may borrow up to the maximum only one time land subject to all other conditions).
Conditions: The conditions for future advances are
LENDER'S NAME AND ADDRESS
.You. means the Lender,
its successors and assigns.
TERMS FOLLOWING A _ APPLY ONLY IF
CHECKED
Nnu~mh~r 1q 1qqq
at the rate of
INTEREST: I agrae to pay interest on the outstanding principal balance from
1 ~ Q<;O %
per year until Nnv",mh"'T 1 Q 2074
KU. Variable Rata: Notice to borrower: This document contains provisions for a variable interest rate. This rate may
then change as stated below. .
Change Oates: 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.
Umitations: 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 caiculated on a ~n /~"n ti..y 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).
N.lA at a ratll equal to
..x LATE CHARGE: I agree to pay a late charge on the portion of any payment made more than , ~ days after it is
due equal to ,n ooot- nr to",:. nnpA;ti p;:!ympnt- nT" ~.,n on whi....l.UlloVP,.. iQ grp,.j~pr
...x NSF FEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of
~?n on .
,
..x ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which J are _ are not
included in the principal amount above: C::j:lo~ nrlnpnnllm A.
REAL ESTATE NOTE
. IN.. 1"', 1113..... Svlterrw. tnc:., $to CIoud.MN Fo,m OTH-AfHlAZPA 511918'
Form In #111190
GT~15-39-0" (5198) I".p t 0'41
:" PA 'iM~NTS: I agree to pay this note as follows:
300 payments of $384,98 starting on December ~9, 1999
and on the 19th day of ,each month thereafter.
,
"
SECURITY: This note is secured by (describe separate dOcument by type (e.g., mortgage) and date):
Mortgage Deed dated November 15, 1999
GENERALLY - The headings at the beginning of each
section are for convenience only and are not to be used in
interpreting the text of the section.
DEFINITIONS ' "I," "me" or "my" means each Borrower
who signs this note end each otherJ'erson or legal entity
(including guarantors. endorsers, an sureties) who aeree
to pal( this note (together referred to as "us"). "You or
".your means the Lender and its successors and assigns.
The "parties" shall mean the Borrower and Len(ler,
together.
APPLICABLE LAW . The interest to, be charged on this Joan
is governed by the laws of the state of P.,nncylv;::m; "'.
All other terms of
this transaction are governed by the laws of the state of
O.nnt:!y' .,,.=-n~::l .
The fact that any part of this note cannot be enforced will
not affect the rest of this note. Any change to this note or
any agreement securing this note must be in writing and
signed by you and me.
I agree to cooperate with you regarding any requests
after closing to correct errors made concerning this
contract or the transaction and to provide any and all
additional documentation deemed necessary by you to
complete this transaction. I agree that you may enforce
this agreement by judicial process and are entitled to
attorney's fees, costs and disbursements incident to such
enforcement.
PAYMENTS - Each payment I make on this loan will be
applied first to any charg8$ 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
ass8$sed on eartier payrllents and the payment Is
otherwise a full payment. The actual amount of my final
payment will depend on the interest rates (if variablel and
my payment record. If any payment due under this loan
does not equal o~ exc.eed the amount of interest due, yOU
may, at. your option, Increase the amount of the rayment
due and all future payments to an amount that wil payoff
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 I prepay in full within N ,..
months of the date of this note, I will pay you a
penalty of N ,..
Partial pay.ments will not expuse 'or reduce any
later sChe(luled payment unti this note Is paid in
full. -
INTEREST, - Int...est accrues on the principal remaining
unpaid from time to time, until paid in full. If this is a
. "_4. fI.', "" 8__ S,...,.,.. lrlc., 51. CIlJud. IAN ,.,., GTH-RfNLAZPA 51"1011
multiple advance loan, interest will accrue: '" I..
If "Variable Rate" is checked on page 1 '-' will pay interest
at the rates in effect from time to time. I ne 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
inilex specified on page 1 ceases to exist, I 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 anCl will be related to an index,
then the index you select will function only as a tool for
settin\l 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 mathod 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
PAYMENTS BY LENDER section below.
MULTIPLE ADVANCE LOANS - If this is a multiple advance
loan, you and I expect that you will make more than one
advance of principal. subject to the conditions of any
separate agreement.
PAYMENTS BY LENDER. If you are authorized to pay, on
my behalf, charlles I am obligated to pay (SUCh as property
Insurance premlumsl, then you may treat those payments
made br you as advances and add them to the unpaid
principa under this note, or you may demand immediate
payment of the charges.
POST-MATURITY INTEREST - Interest will accrue on the
principal balance remaining unpaid after final maturity at
the rate specified on page 1. For purposes of this section,
final maturity occurs:
la) On the date of the last scheduled payment of principal;
or
<<bl On the date you accelerate the due date of this loan
(demand Immediate pa'l'nlent),
REAL ESTATE OR RESIDENCE SECURITY - If this loan is
secured by real estate or a residence that Is personal
property, the existence of a default and your remedies for
such a default will be determined by applicable law, 'by the
terms of any separate Instrument creating the security
interest and, to the extent not prohibited by law and not
contrary to the terms of the separate securtty instrument,
by this aJll'eement.
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 .gree in
GT.t5-39-011 (5/89) ,,.,.2"'41
-,writing to the contrary, Without such an agreement. if I try
, to transfer any interest in the property securing this note, I
will b.e 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" paragrapt> above, I
will be in default on this loan- and any agreement securing
this loan if anyone or more of the following occurs:
lall fail to makll a payment in full when due;
(b) I die, am declared incompetent, or become insolvent;
lc} I fail to keep any promise I have made in connection
with this loan;
ld} I fail to pay, or keep any other promise on, any other
loan or agreement I have with you; ",
Ie) 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;
(gl The property securing this Loan is damaged, destroyed
or stolen;
(hi I fail to provide any additional security that you may
require;
(i) Any legal entity lsuch as a partnership or corporation)
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
(j) Anything else happens that causes you to believe that
you will have difficulty collecting the amount I 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 I owe you under this loan immediately
due;
(bl Use the right of set-off as explained below;
(c) Demand more security or new parties obligated to pay
this loan (or bothl 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
Cf) Use any remedy given to you in any agreement
securing this loan.
By choosing anyone 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 I 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
.1184. '.91.'113 a.nur. Syonwn.,~. St. Cloud. MH "'mGTH~II!NLAZPA Sit.....
(c) Any repurchase agreement or other non deposit
. 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 on 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 inv<illving 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 ACTlON BY YOU CAS
PROVIDED HEREINI. 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 in 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 party to compel arbitration in this note,
including the filing of a counterclaim in a suit brought by
you pursuant to this ~.rovision.
QT415-39-o11lS/.oSlJ 1/Mgt:3o(4)
~OBrlG'ATIONS INDEPENDENT - I understand that my
, obligation 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 cred.t 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
i~st in, impair, or release any security and I will still be
obligated to pay this loan.
WAIVER . I waive (to the extent permitted by lawl
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 information
regarding my loan to others seeking such information. To
the extent permitted by law, I agree that you will not be
liable 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.
NOTICE TO COSIGNER
You lth!, coslgnerl 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 thllt 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 in
defeult. that fact may become part of your credit record.
This notice Is not the contract that makes you liable
for the debt.
PURPOSE: The purpose of this loan is n"hl" C"nn!'lnl ; dation
ADDITIONAL TERMS:
Signature for lender
By:
Signature
Date ,
Its:
. ,.... 1..',1..3 ...._.,....,...InG.. St. OINd, WN ...... GTI+ft!NL.AZII'A. 1111,.1
,
SIGNATURES: "AGREE TO THE TERMS OF THIS NOTE
(INCLUDING THOSE ON PAGES 1, 2. 3 AND 41. I have
received a copy on today's date.
X
Signature
Date
X
Signature
Date
GT-l5-39-0" CSln. 1/M1/84fJf4'
"
.
EXR:IP.J:T A
Leoal Descrintion:
()
.
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF
COMIlERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN
OEED DATED 09/09/80, RECORDEO 09/17/80, APPEARING AMONG THE LAND RECORDS OF THE
COUNTY AND'STATE. SET FORTH ABOVE IN DEED BOOK 29-C, PAGE 523.
parcel 10: 10-22-0525-044
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Commonwealth .f i'<ImsyITlIIIia
Return To:
Conaeco Finance
Attn.: Trailing Dccull'lent. Area This Mongage secures future advances
7JIQ Soul:h Xyt'ene Road.
Tempe. AZ 15203 November 15 1999
1. DATE AND PARTIES. The date of !his Mortgage (Security IDStrument) is ............................'........,.......... and the
parties, their addresses and tax identification numbets, if required, are as follows:
Space All.", This LiIle For Retordiag Data
Application # 9910227434
Loan , 6905579436
OPEN-END MORTGAGE
MORTGAGOR: Clair F Kimmel, Jr, Shirley A Kimmel
HUSBAND AND WIFE
LENDER:
o If checked, refer 10 the atlaclk:d Addendum incolpOrated herein, for additional Mortgagee;,
acknowledgn1enls. ..'.m,____ _ ______'. _ _ "
Conseco Finance Consumer Discount Company.
3401 Hartzdale Drive Suite 118
'Camp Hill, Pennsylvania 17011
their signatures and
2. CONVEYANCE, For good and valuable consideration, the r~pt and sufficiency of which is acknowledged, and to secure
the S~ Debt (defined below) and'Mort.gagor-.s,~erfo~ ~rth~;,~~ty~IllSttUmet!t, Mortgagor ~..dlIIrgaius,
oon~ys and,mongages to l..e11\lcr'the foUoWlng desCribedpro~::' .~.;:: :'" ,......." : . ,... .. .CO'~::o
. ~,',', ".'S.'ee::Exh.. J.;b~'t A" .:" "..,.: '.,' :". ~': , ,..,..- ". ':',<' '=:<: ~ ~ ;g
. ........ . ~. " ....... ...r\;';::. .-.,. c:::: :ij 0 D:J
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Tbe property IS located 10 ...................,................................................... at ................................;r.:............
(C<>unl7)
334 Charles Rd Mechanicsburg . 17055
................ ........ ...................... ..... .... ...., ......... ..... ...............,........... ........., Pennsylvama .... ....... ........... ...
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Together with all rights, easements, appurte!lallCeS, royalties, mineral righls, oil and gas rights, all water and riparian rights,
dit~, and water stock and all existing and fumre improYemenllI, StIUCtures, fixtures, and replacemenls that may now, or at
any time in the fumre, be part of the real estate described above (all refemd to as 'Property.).
3, MAXIMUM OBU~fTb~ ~, The toral principal amount secured by this Security IDStrument at any one time shall DOt
exceed $ .................~........:......................... . This limitation of amount does not include imerest and other fees and
charges validly made 'pursuant to this Security Instrument. Also, this limitation does not apply to advanceS made under the
IImDS of this Security Insaument to protect Lender's security and to perfOIlD any of the COVenanls oolllained in this Security
Instnunent.
4, SECURED DEBT AND FUTIJRE ADVANCES. Tbe teon .Secured Debt. is defined as foUows:
A. Debt ini:Ui'le.f'UDder the tenns of all promissory note{s), oontract(s), guaranty(s) or other evidence of debt described
~ow and all their. ClttensiODS, renewals, modificatious' or su~tious. (IWren, n[ertndng the debts below it is
suggested that you inchtdeitemuuch as,borrowers' names, note amounts, interest rates. IMturity dotes, erc.)'
Note dated November LS, L999, between Conaeco Finance Consumer Discount Company and
,.... · """. J.. ......, A"...'. '0. ,,'...,.... "'''''' .~ ,.,..
PENH8YLVA~'A - IIORTGAGE INCT I'OR FN.... FHLMe. FHA OR VA us., ,BOOK 1.582 fAGe1'Q95 (p~ge 1 1
.,......- ........... IN.. St, a.u.t. MN 1'''000''7-23411 Fonn ftf:-MTQ..pA. 12".,..
Fon. Il) '3.1111".
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B. All future advances from lender to Mortgagor or other future Obligations of Mortgagor 10 lender under any promissory
DOle, contract, ~ty, or other evidew:e of debt executed by Mortgagor in favor of lender executed after this Security
Inslnlment whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Inslnlment, each Mortgagor agrees thaI this Security InslrUment will secure all future advances and future obligations
that are given 10 or incurred by anyone or more Mortgagor, or anyone or more Mortgagor and others. All future
advances and other future obligatiollS are secured by this Security Instrument even though all or part may not yet be
advanced. All future advances and other future obligations are secuied as if made on the date of Ibis Security Insuument.
Nothing in this Security Instrument sball constitute a commianentto make additional or future loans or advances in any
amount Any such commitment must be agn:ed to in a separate writing.
C. All obligations Mortgagor owes 10 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 hy Lender under the lenns of this Security
Inslnlment. " '
. --- -- ....----
This Security Instrument will not secure any other debt if Lender fails 10 give any required notice of the right of rescission.
S. PAYMENTS. Mortgagor agrees that all payments under the Secured Debl will be paid when due and in aCcordance with the
temls of the Secured Debt and ,Ibis Security Instrument.
6. WARRANTY OF TITLE, Mortgagor warrants that Mortgagor is or will be lawfully seized of the ~te conveyed by this
Security Instrament and bas the right to gram, bargain, convey, sell, and mortgage the Property. Mortgagor also wammts that
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 perfonn or comply with all covenants.
B. To promptly deliver to lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any DOte or agreement SCCIlll:d
by the lien document without lender's prior written consent.
8, CLAIMS AGAINST TITLE. Mortgagor will pay all raxes, assessmeDlS, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. lender may ~ Mortgagor to provide to Lender copies of all
IIDtices that_such ~_~. !!uc 1Ild: the_receipts evidencing ,MortQiLBo~s.payment.' MortgagOr will defend title to !be
Property agaiDSt any claims that woaId impair the lien of Ibis Security Instrumem. Mortgagor agrees to assign to lender, as
requested by Lender. any rights, claims or defenses Mortgagor may have against parties who supply labor oc materials to
m.inlain or improve the Property.
,. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option. decIare the entire balance of the Secured Debt to be
immediale.ly due and payable upon the creation of, or contract for the creation of, any lien, ellClUllbraoce, transfer or sale of the
Property; This right is subject to the restrictions imposed by federaI law (12 C.F.R. 59]), as applicable. This covenant shall
run With the Property and shall remain in effect until the Secured Debt is paid in full ~ Ibis Security Instnunent is mlessed.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in g~ coudition and
make all repairs that are reasonably necessary. Mongagor shall not commit or allow any waste, impa1nneot, or delcrioratiOD of
!be Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagoc agroes that !be IIlIlUre of lbe
IlCCUpaDl:y IIld use will not substaotiaJ.ly change withOltt Lender's prior written consem. Mortgagor will not peml.it any change
iD any license, resuictiye coVl;qant or easemeDl without Lender's prior written consent. Mortgagor willnorlfy Lender of all
d""'.nil." ptl)('-Hng!. claims and actions against Mortgagor, and of any loss or damage to lbe Property.
-'
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, Lender or lender's agents may, at Lender's option, enter the Propeny al any n:asonable time for the purpose of illSpe<:ting the
Property. Lender shall give Mortgagor notice al the time of or befon: 'an inspection specifying a reasocable 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 perfonn any duty or any of the coyenantS contained in this Security
loslIUlllent. Lender may, without notice, perf ann or cause them to be performed. Mongagor appoints Lender as attorney in
fact 10 sign Mongagor's name or pay any amount necessary forperfonnance. Lender's right to perform for Mortgagor shall
not create an obligation to perfurm. and Lender's failure to perform will not preclude Lender from exercising any of Lender's
other rights under the law or this Se....urity Instrument. If any construction on the Propeny is discontinued or not carried on in a
reasocable manner, Leader 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. Mongagor irrevocably grants, bargains, conveys and mortgages 10 Lender as
additional security all the righI, tide 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, incll\ding any: extensions, tenewals.,
modifications or substimtions of'suCliagrCemeiitS '(aJlrefem:OlO-as "r.eases") and rents,lssue.. and profits (all referred to as
'Rents'). Mengagor will prompdy provide Lender with true and correct copies of all existing and future Leases. Mongagor
may collect, receive. enjoy and use the Reius so long as Mongagor is not in default under the terms of .tills Security
Inslrumeru.
Mortgagor agrees thai this assignment is immedialely effective between the parties to this Securiry Instrument and effective as
10 third parties on the recording of this Security Instrwnent, and this assignment will n:main effective until the Obligations are
satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mengagor's tenants 10 make payments of Rents due
or 10 become due direcdy to Lender after such recording, however Lender agrees nol 10 notify Mortgagor's lellal1lS until
Mortgagor defaults and Lender notifies Mongagor of the defaull and demands thai Mongagor and Mortgagor's tetl8.lllS pay all
Rents due or to become due dire<:dy to Lender. On receiving notice of default, Mongagor will endorse and deliver to Lender
any payment of Reots in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the
Rents with any ocher funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor wanants
that no default exists under the Leases or any aPPlicable 1andIordltenanllaw. Mortgagor also agrees 10 maintain and require
any tenanllO comply with the lemlS ofche Leases and applicable law.
13, LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mongagor agrees 10 comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a 11Dit in a condominium or a
planned unil development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of
the condominium or planned 11Dit development.
,
14, DEFAULT. Mongagor will be in default if any party obligated on the Secured Debl fails 10 make payment when due,
Mongagor win be in defaull if a breach occurs lJ!Ider the tell!tl!..o.t.t!lis.S_ecurily,InslIUlJlelll.oc..any other.document executed for
the purJiose of'creatiDg:secuniig 'Oi glWamymg ihc Sicured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entity obligated 00 the Secured Debl or that the prospect of any payment or the value of
the Propeny is impaired shall also constitute an event of defaull.
15. REMEDIES ON DEFAULT. In some Instatll:es, federal and Slale law will require Lender to provide Mortgagor with notice
of the right 10 cure or other notices and may establish, time schedu1es for fo=losure actions. Subject 10 these limitations, if
any, Lender may accelenle the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor
is in de!ault. .
AI. the option of Lender. all or any pan of the agreed fees and charges, accrued inlerest and principal shall become immediately
due and payable, after giving aotice if required by law. upon the occurrence of a default or anytime thereafter. In addition,
Lender Shan be entided to all the remedies provided by law. the lenns of the Secured Debt, this Security Insttument and any
related documents. AU remedies are disliact, cumulative and nol exclusive. and the Lender is entitled to all remedies provided
allaw or equity, whether or not expressly set forth. The acceptatll:e by Lender of any sum in payment or partial paymenl 00
the ,SecUred Debl after the baJance is due or is accelerated Or after foreclosure proceedings are filed. shaI1 not constilUle a waiver
of Lender's right 10 require complete cure of any existing default. By DOt exercising any remedy on Mortgagor's default,
Lender docs IIOt waive Lender's right 10 later consider the event a default if it continues or happens again.~
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16. . EXPENSES; ADVANCES ON COVENANTS; A 170RNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law. Mongagor agrel!S to pay all of Lender's expenses if Mortgagor breaches any COVenant in this Security IIlStl'ulllenI.
Mongagor will also pay on demand any amount incurred by Lender for iru.'uring, inspecting, preserving or otherwise
protecting tbe Propeny and Lender's security interest. These expenses will bear interest from the date of the payment until paid
in full at the bighel>"t interest tate in effect as provided in dIe terms of the Secured Debt. Mongagor agrees to pay all costs and
expenses incurred by Lendet in colIecting, enforcing or protecting Lender's rigbls and remedies under this Security InstrUment.
This amount may include, but is not limiled to, auomeys' fees, coun COstS. and other legal exp=. This Security InstrUment
shall remain in effect umil released. Mongagor agrees to pay for any recordation co''ls of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) EnvironiDcntal Law meaas,
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, coon orders, attOrney' general opinions or
intetpretive letters concerning the public health. safety, welfare, envirollll1ent or a bazatdous substance; and (2) Hazardous
Substance means any 10xic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics whicb
tender the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The tenn
includes. without limitation. any suhs.tanc"8_defined:a.....hazardous material,.' 'toxic, substances," 'hazardous wasle'. 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 Ot released on or in the Property. This resaiction does not apply to small quantities of Hazardous Substances that
are genetally recognized to be appropriate for the nonnal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged'in writing to Lender, Mongagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C. Mongagor shall immediately notify Lender if a release or rbreatened release of a Hazardous Substance occurs on, under
or about the Propeny or there is a violation of any Environmental Law concerning the Property. In such an event,
Mongagor shall take all -essazy remedial action in accordance with any Environmental Law. '
D. Mongagor shall immediately notify Lender in writing as soon as Mongagor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threalened release of any Hazardous Substance or
the violation of any EnviromnemaI Law.
18. CONDEMNATION. Mongagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to pwcbase or take any or all of the Property through cond-n~tion, eminent domain, or any other means. Mongagor
authorizes Lender to intervene in Mongagor's name in any of lhe above descn'bed actions or claims. Mongagor assigns to
Lender the proceed~ of any_aw~ ,,?! claimJqr_damag~ connected with a conn.....~..;oil'.or.other_taltiag.of.all.or any pan of the
Proj,eny. suCh proceeds shall be coDSideted paymeius and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the tenns of any prior mortgage, deed of trust, security agreement or other lien document.
19, INSURANCE. Mongagor sbaII 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 maimained in the amounts and for the periods
!hal Le. requires. The insurance carrier providing the insuraDce shall be chosen by Mongagor subject to Lender's approval,
which shall DOt be unreasonably withbe.ld. If Mortgagor f.a1ls to maintlin the coverage described above, Lender lO8y, at
Lender', option, obtain coverage to protect Lender's rights in the Property according to the tmms oflhis Security 1nstrumen~
All insurance policies and renewals sbaII be acceptable to Lender and shall ioclude a standard 'mongage clause' and, where
applicable, 'loss payee clause. ' Mongagor sbaI1 immediatcIy notify Lender of cancelIation or temlinalion of the illS1lI3llCe.
Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor sbaII immediately give to Lender
III receipts of paid premiums and renewaI notices. Upon loss, Mortgagor sbaI1 give immediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
.
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. Unless otherwise agreed in writing. all ill>-urance proceeds shall be applied to the restoration or re)l'd.ir of the Propeny 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
Mongagor. If the Propeny is acquired by Lender, Mongagor's right to any insurance policies and proceeds resulting from
damage to the Propeny 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, Mongagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any
financial statement or infonnation Lender may deem reasonably necessary. Mongagor agrees to sign, deliver, and file any
additional documents or cenificatioDS that Lender may consider necessary to perle.'!, continue, and preserve Mongagor's
ohligations under this Security InsD'UlDent and Lender's lien statuS on the Propeny.
22. JOINT AND INDIVIDUAL LIABILITY; CO-8IGNERS; SUCCESSORS AND ASSIGNS BO,UND, All duties under this
Secll1'i.ty Insaument are joint and individuaCTCMongagor signs this SecuriiY Iilsirument but does not sign an evidence of debt.
Mortgagor does SO only to mongage Mongagor's interest in the Propeny to secure payment of the Secured Debt and
Mortgagor does DOt 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. Mongagor agrees that Lender and any pany to this Security Instrument may extend, modify
or make any change in the teons of this Security Instrument or any evidence of debt without Mongagor's colISent. Such a
cbange will not release Mongagor from the terms of this Security Instrument. The duties and benefits of this Security
Instrument shalt bind and benefit the successors and assigns of Mortgagor and Lender.
23, APPLICABLE LAW; SEVERABD.JTY; INTERPRETATION. This Security Instrument is ~vemcd 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 Insaument is complete and fully integrated. This Security Instrument may not be amended or
modified by oral agreement. Any section in this Security Insaument, atClCbments, or any agreement related to the Secuied
Debt !bat conflicts wim applicable law will not be effective, unless that law expressly or impliedly pertnilS the variations by
written agreement. If any section of this Security Instrument cannOt be enforced according 10 its telIllS, that section will be
severed and will not affect the enfon:eability of the remainder of this Security Instrument. Whenever used, the singular shall
include the plural and the plural me singular. The captions and headings of the sections of this Security Instrument are for
conve.nience only and are not to be used to intetpret or define the tenDs of this Security Instrtnnent. Time is of the essence in
this Security Instrument.
24. NOTICE. Unless otherwise requited 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 !!,ther ~,desi~_in_writing._~otice to
'- 'ODe'mongagor'wiIl'lie deIimed ii)'be'noticetifiIl'moi!g3gorS. . . -, --
25. WAIVERS: Except to me extent prollibited by law. Mortgagor waives any right to appraisement relating to the Property.
0118.. 8.,..,. ay__...... St. CJ.ud. MN n-loo.:'87.23411 flwm N:.MTQ.fI" 1211111"
.BOOK1582 r4GE1099
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26, 'OTHER TERMS. If checked, the following are applicable to this Security Insttument:
DUne of Credit, The Secured Debt includes a revolving line of credit provision. Although the Secured Debl may be
reduced to a zero balance, this Security Instrument will remain in effect until released.
D Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on
the Property.
o rlXture rLlinl. Mongagor grants 10 Lender a security interest in all goods that Mongagor owns now or in the future
and thaI are or will become tixtures related 10 the Property. This Security InslIumenl suffices as a tinancing statement
and any carbon, photographic or other reproduction may be tiled of record for purposes of Anicle 9 of the UnifollD
Commercial Code..
D Purchase Money. This Security InsUument secures advances by Lender used in whole or in pan to acquire the
Property. Accordingly, this Security lnsaument, and the lien hereunder, is and sbaI1 be construed as a purchase money
mong.ge with all of the rights, priorities amfbenefits t1tereofunder the laws of the Commonwealth of Pennsylvania.
o NOTICE TO BORROWER: TInS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
D Riders, The covenants and agr<ements of each of the riders checked below are incotpOrated into and supplement and
amend the lenns of this Security Instrument. [Check all applicable boxesJ- _ ~~ ,
o Condominium Rider D Planned Unit Development Rider D Other ...................................................
D Additional Terms.
SIGNA11JRES: By signing below. Mongagor, intending to be legally bound hereby, .grees 10 the tenDS and covenants contained
in this Security Instrument and in any attachments. Mortgagor also aclcnowtedges receipt of a copy of this Security losttumenl on
the date slated on page I. ~'
.........~.~..::t..~.b../f,{(,?., .<~::..kZ~.......(/(/-!;,?
(Si,....,") Clair F Ki J,r ~J1.'T """'"/' Shirley A Kimmel y~7
(Wi-.) . . . ..:. . . . ..............,........f.(lr)/~~;..................................................................
ACKNOWLEDGMENT: Pennsylvania D '" \-. .
COMMO~ OF ........................................., COUNTY OF ......P....V..I.t\........:...................} 55.
......... On this, the ....................... day of ...~!\IfI;>!:J:.J.'l29....................., before me ...........:........................
'..-.--' ffi I d Clair F J:111mel, Jr. Shirley A XilNMl .
the wa=..gned 0 cor, pen;onai y appeare ..........................................................................................
.........,.......................................,........................................ Icoown to me'(or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrumem, and aclcoowledged that he/she executed the same
for the plD'pOSeS therein contained.
'~:-~.,-..-~~~m
NOTARIAL SEAL
NEVIN L BEYER. Notaty PUbllo
Lower Paxton 1\Itp., D.upfiln County
My Commission Expires Sepl25, 2000
MDmber. PDnnsytvania Assoclallon Of Notaries
..........n................................................................
Cll".I....~Ine.,,$I.ct.uIl.MN tl.fOO.:JO'.n""J hmlN'-MTG-PA 1211"..
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ACT 91 NOTICE
TAKE ACTION TO SA VE
YOUR HOME FROM
FORECLOSURE
March 20, 2002
CLAIR F. KIMMEL, JR.
334 CHARLES ROAD
MECHANICSBURG, P A 17055
SHIRLEY A. KIMMEL
334 CHARLES ROAD
MECHANICSBURG, PA 17055
THIS FIRM IS A DEBT COLLECTOR A 1TEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN A 1TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF
YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A 1TEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose,
Soecific infonnation about the nature ofthe default is orovided in the attached Dages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to save
your home. This Notice exolains how the orolU8l11 works.
To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when YOU meet the
Counseling Agencv,
The name. address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice. If YOU have any auestions. YOU may call the Pennsylvania Housing Finance
Agencv toll free at 1-800- 342-2397. (Persons with impaired hearing can call (717) 780-1869).
This notice contains important legal infonnation. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer,
LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA, 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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA,
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER
CURRENT LENDERlSERVICER:
CLAIR F. KIMMEL, JR. & SHIRLEY A. KIMMEL
334 CHARLES ROAD, MECHANICSBURG, P A 17055
6905579436
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY,
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on 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
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES -If vou meet with one of the consumer credit
counselin2 a2encies listed at the end of this notice the lender mav NOT take action a2ainst vou for thirtY
(30) davs after the date of this meetin2. The names. addresses and teleDhone numbers of desilmated
consumer credit counselin2 a2encies for the county in which the Drooertv is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting, Adyise your lender immediatelv
of your intentions.
APPLICATION FOR MORTGAGE ASSIST ANCE- 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 LEITER, 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
aboye. 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 [S FOR
[NFORMATlON 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 DEFAULHBring it UD to date)
NATURE OF THE DEFAUL T- The MORTGAGE debt held by the above lender on your property located
at: 334 CHARLES ROAD, MECHANICSBURG, PA 17055 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: 8/19/01 thm 3/19/02 at $384,98 per month,
Monthly Payments Plus Late Charges Accrued:
NSF:
Deferred Interest:
Attorney fees:
Other:
(Suspense)
TOTAL AMOUNT TO CURE DEF AUL T
$3,532.57
$0.00
$1,032.73
$50.00
$160.00
($0.00)
$4,775.30
B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aDDlicable):
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 $4,775.30
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Pavrnent must be made either bv cashier's check. certified check or
money order made Davable and sent to: CONSECO FINANCE SERVICING CORP" 7360 SO, KYRENE,
TEMPE, AZ 85283, ATTENTION: RAY MADA.
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 aDDlicable) 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 instmct its attorney to start legal action to
foreclosure upon your morte.ae:e Ofooertv.
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, (fyou cure the default within the THIRTY (30) DAY Deriod. vou will not be required to Dav
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, vou still have the ril!htto
cure the default and Dreventthe sale at anv time UD to one hour before the Sheriff's Sale. You mav do so bv
Davine the total amount then nast due. Dlus anv late or other charees then due. reasonable attornev's fees
and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as
sDecified in writine by the lender and bv Derformine any other reauirements under the morteaee. 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 DA TE- 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 Sheriff's Sale will be sent to you before the sale, Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER-
CONSECO FINANCE SERVICING CORP.
7360 SO, KYRENE
TEMPE, AZ 85283
TEL NO, (888) 315-8733 x 36204
A TIENTION: RAY MADA
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your'fumishings and other belongings could be slarted by the lender at
any time.
ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) seU or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that aU 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 DEBTOR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT:
. TO HA VE 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 DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR,)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LA WSUIT 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 ATIACHED,
Very truly yours,
A
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
************************************************************************
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 ofreceipt 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.
2000 Linglestown Road
Harrisburg, P A 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital
Region
1514 Derry Street
Harrisburg, P A 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro,PA 17268
(717) 762-3285
YMCA of Carlisle
301 G Street
Carlisle, P A 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 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 unsworn falsification to authorities.
A~
Ruth Hernandez, F orec1osure Manager
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03039 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER
VS
KIMMEL CLAIR F JR ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
KIMMEL SHIRLEY A
the
DEFENDANT
, at 1635:00 HOURS, on the 26th day of June
2002
at 334 CHARLES ROAD
MECHANICSBURG, PA 17055
by handing to
SHIRLEY A KIMMEL
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
8.28
.00
10.00
.00
24.28
.r~~/~~
R. Thomas Kline
06/27/2002
GREGORY JAVARDIAN
Sworn and Subscribed to before
me this I~ day of
%~~ AD
,- 0 rv..J~,.~ ,ViP(
rothonotary 7
By:
~<UV"Y) ~ . ~
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CONSECO Finance Consumer
Discount Company
Plaintiff
COURT COMMON PLEAS
CUMBERLAND COUNTY
Vs.
Clair F. Kimmel, Jr., Shirley A. Kimmel
Defendants
No. 02-3039 Civil Term
OBJECTIONS TO PLAINTIFFS COMPLAINT
WITH NEW MATTER
1.- 4. Denied as alleged. The Plaintiff avers to the contrary that Clair F.
Kimmel, Jr. is deceased. The Defendant Shirley Kimmel through her
undersigned counsel on January 18, 2002 informed by telephone and confirmed
by letter of the undersigned of the same date Mr. Todd Davis, Manager, Home
Improvement Conseco Finance, Building 1 (HID), 7360 Kyrene Road, Tempe,
Arizona that Mr. Kimmel had died approximately. The Defendant marks as
Exhibit "A", attaches hereto and incorporates herein by reference thereto a true
and correct copy of the aforesaid letter to Mr. Davis. The Defendant Shirley A.
Kimmel admits the remaining allegations of the aforesaid paragraphs 1. _ 4.
5. Denied as alleged. The Defendant Shirley A. Kimmel avers to the
contrary that the aforesaid mortgage is not in default because she had negotiated
an accommodation of current payments and is current with the payments under
the aforesaid accommodation with the Defendant as more fully set forth herein by
reference thereto under New Matter.
.WHEREFORE, the Defendant demands judgment in her favor and against
the Defendant on its Complaint.
NEW MATTER
6. The Defendant incorporates herein by reference thereto paragraphs 1
through 5 of inclusive of her Answer as if more fully set forth herein by reference
thereto.
7. The Defendant's counsel in his aforesaid letter of January 18, 2002 to
Mr. Davis also informed him the Defendant was on total disability, that he was
representing her in an Underinsured Arbitration Proceeding and that he felt that
the arbitrators' award would exceed the approximate $3,000 outstanding balance
to bring her payments current.
8. The Defendant's undersigned counsel by telephone conference of
January 29, 2002 and confirmed with Mr. Davis and confirmed by letter of the
same date reached an accommodation that the Defendant would pay $100 per
month until her UIM arbitration hearing, that the Defendant's counsel would
protect the Plaintiff's interest and pay the Plaintiff its balance subject only to
counsel fees and costs. The Defendant marks as Exhibit "B', attaches hereto
and incorporates herein by reference thereto the aforesaid letter of January 29,
2002.
9. By letter dated February 18, 2002, the Defendant's aforesaid counsel
sent the Defendant's $100 check in a letter addressed to both Mr. Davis and Ms.
Armstrong. The Defendant marks as Exhibit "C', attaches hereto and
incorporates herein by reference thereto a true and correct copy of said letter.
2
'10, Although the Plaintiff knew that the Defendant had the undersigned
counsel representing her both prior to and subsequent to January 18, 2002, that
said counsel had protested the Plaintiffs direct contact with the Defendant, and
that he had directed the Plaintiff to make all contacts with the Defendant through
the undersigned, its agents, servants, workmen and employees disregarded the
aforesaid objections and contacted the Defendant directly over the objection of
the Defendant and her undersigned counsel.
11. By letter dated April 23, 2002 to Ms. Armstrong, the Defendant's
counsel enclosed the Defendant $100 check and informed Ms. Armstrong that:
This letter is to reinforce my conversation with you as of the above
date. All contact with my client Shirley Kimmel is to cease, and all
correspondence and calls are to be directed to my attention.
The Defendant marks as Exhibit "0", attaches hereto and incorporates herein by
reference thereto a true and correct copy of said letter.
12. By letter dated July 1,2002, the Defendant's undersigned counsel
sent another payment of $100 addressed to Ms. Armstrong. The Plaintiff marks
as Exhibit "E", attaches hereto and incorporates herein by reference thereto a
true and correct copy of said letter.
13, When an attorney represents an individual on a matter, an attorney
for the adverse party must deal with the individual's counsel and is prohibited
form contacting the individual directly.
14. In this action the Plaintiffs counsel directly contacted the Defendant
without the knowledge or permission of the Defendant's undersigned counsel.
3
, 15. The Plaintiff reached an accord with the Defendant that in exchange
for the undersigned's agreement to protect the Plaintiff out of any Defendant's
recovery in her UIM claim and in exchange for her direction to authorize her
undersigned counsel to deduct from any arbitration award the outstanding
amount of the balance the Defendant owed to the Plaintiff.
16. The Plaintiff entered in to a novation when the Defendant agreed to
pay $100 monthly towards her outstanding balance and for the undersigned's
agreement to protect the Plaintiff out of any Defendant's recovery in her UIM
claim and in exchange for her direction to authorize her undersigned counsel to
deduct from any arbitration award the outstanding amount of the balance the
Defendant owed to the Plaintiff.
17. The Plaintiff is estopped from foreclosure because it agreed to refrain
for taking any adverse action against the Defendant when the Defendant agreed
to pay $100 monthly towards her outstanding balance and for the direction to her
undersigned's counsel's agreement to protect the Plaintiff out of any Defendant's
recovery in her UIM claim and in exchange for her direction to authorize her
undersigned counsel to deduct from any arbitration award the outstanding
amount of the balance the Defendant owed to the Plaintiff.
18, The Plaintiff is not justified for foreclosure because it agreed to refrain
for taking any adverse action against the Defendant when the Defendant agreed
to pay $100 monthly towards her outstanding balance and for the direction to her
undersigned's counsel's agreement to protect the Plaintiff out of any Defendant's
recovery in her UIM claim and in exchange for her direction to authorize her
4
'undersigned counsel to deduct from any arbitration award the outstanding
amount of the balance the Defendant owed to the Plaintiff.
19. The Plaintiff is barred from foreclosure because the Defendant is
awaiting the UIM arbitration and has been making payment in accordance with
the aforesaid agreement confirmed in writing as more fully set forth in Exhibit "8"
attached hereto.
WHEREFORE, the Defendant demands that judgment be entered in her
favor and against the Plaintiff on the Plaintiff's Mortgage Foreclosure Complaint.
Date: July 18, 2002
Respectfully submitted,
KNAUER & ASSOCIATES, LS.C.
8J~~
David W. Knauer, Esquire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
5
Knauer & Associates, LSC
Attorneys-at-Law
41lA. East Main Street, Mechanicsburg, PA 17055
Telephone: (717) 795.7790
Fax: (717) 795.7793
Email: knauer@earlv.com
David W. Knauer
January 18, 2002
Mr. Todd Davis,
Manager Home Improvement
Conseco Finance
Building I (HID)7360 Kyrene Road
Tempe, Arizona 85283:
RE: Mr. and Mrs. Clair Kimmel
Dear Mr, Davis
This confirms our telephone conference of the above date with respect to Mr. &
Mrs. Clair Kimmel. I informed you that Mr. Kimmel died approximately two weeks ago
and Mrs. Kimmel is on total disability.
I also informed you that Mrs. Kimmel has pending an Underinsured Motorist
Claim that should be arbitrated in March or April. As I mentioned to you, I anticipate an
arbitrator's award of sufficient size to pay your outstanding balance of approximately
$3,000. The only thing that would take priority over your claim would be attorney's fees
and costs of litigation.
Very truly yours,
/...jl.r ~"l ~~--- ',', -" 'f
'/,-,' 0'1 ''"'.)\ /
, ,\ \,J. ,'- 1 J'
-.- '--' i....-' :....
David W. Knauer
DWK: bm
Enclosure
CC: Shirley Kimmel
Company\kimmel\O 1-18-02\davis.ltr
Knauer & Associates, LSC
Attorneys-at-Law
411A East Main Street, Mechanicsburg, P A 17055
Telephone: (717) 795-7790
Fax: (717) 795-7793
Email: knauer@early.com
David W. Knauer
January 29, 2002
Ms. Jennifer Armstrong & Mr. Todd Davis
CONSEICO
7360 South Kyrene Road
Tempe, Arizona 85283
RE: Shirley Kimmel
Account No. 15882181
Dear Ms. Armstrong and Mr. Davis:
Please be advised that I represent Mrs. Shirley Kimmel. Her husband and co-
debtor died recently. Mrs. Kimmel is on total disability. She is unemployable.
I also represent her in an underinsured proceeding that should be arbitrated in
March or April of this year. Although there are no guarantees in litigation, I anticipate
that the arbitrators should render an award in excess of your delinquent payments. In the
event that the arbitrators' award is in excess of your outstanding mortgage payments, I
will protect your lien status.
The only items ahead of your mortgages are costs of suit and our office's
attorney's fees.
Mrs. Kimmel requests that you refinance the mortgage to a lower rate. She also
requests that you forebear any foreclosure actions until after her arbitration.
This also confirms our telephone conferences wherein you agreed to allow her to
pay $100 monthly until her arbitration is concluded.
I have requested Mrs. Kimmel to bring us the $100 so that our office can forward
it to you. I would anticipate that she should have the check to us in a few days.
Thank you for your consideration in this matter.
DWK/bm
Company\kimmel\O 1- 29-02\conseico.ltr
Very tru1yyours,
:' i("(~\!,.l " ~ 7
'. '''I \ '....;'! "j I J'
-' '-' i:...._ ...._
David W. Knauer
Knauer & Associates, LSC
Attorneys-at-Law
411A East Main Street, Mechanicsburg, P A 17055
Telephone: (717) 795-7790
Fax: (717) 795-7793
Email: knauer@earlv.com
David W. Knauer
February 18,2002
Ms. Jennifer Armstrong
CONSECO
7360 South Kyrene Road
Tempe, Arizona 85283
RE: Shirley Kimmel
Account No, 15882181
Dear Ms. Armstrong and Mr. Davis:
Please find enclosed a check in the amount of$100.00.
Thank you.
rV~~.~~roufS'7
\1 : (' "C".I .
~,~'"' -.J '! ,'- ; 1
'_2~~ ..,
David W. Knauer
DWKlbm
Enclosure
CC: Shirley Kimmel
Company\kimmel\02-18-02\conseco.1tr
Knauer & Associates, LSC
Attorneys-at-Law
411A East Main Street, Mechanicsburg, P A 17055
Telephone: (717) 795-7790
Fax: (717) 795-7793
Email: knauer@earlv.com
David W. Knauer
April 23, 2002
Ms. Jennifer Armstrong
CONSECO
7360 South Kyrene Road
Tempe, Arizona 85283
RE: Shirley Kimmel
Account No. 15882181
Dear Ms. Armstrong:
This letter is to reinforce my conversation with you as of the above date. All
contact with my client Shirley Kimmel is to cease, and all correspondence and calls are to
be directed to my attention.
Please find enclosed a check in the amount of $ 100.00.
Thank you.
Very truly yours,
(~@L0'L7
David W. Knauer
DWK/bm
Enclosure
CC: Shirley Kimmel
Company\kimmel\04-22-02\conseco.ltr
Knauer & Associates, LSC
Attorneys-at-Law
411A East Main Street, Mechanicsburg, P A 17055
Telephone: (717) 795-7790
Fax: (717) 795-7793
Email: knauer@earlv.com
David W. Knauer
July I, 2002
Ms. Jennifer Armstrong
CONSECO
7360 South Kyrene Road
Tempe, Arizona 85283
RE: Shirley Kimmel
Account No. 15882181
Dear Ms. Armstrong:
Please find enclosed a check in the amount of$100.00.
Thank you.
Very truly yours,
/-,-:1 ,-:-::-, r~ ',-, .
\. ('::1 ~/ U?.J 'u
David W. Knauer
DWKlbm
Enclosure
CC: Shirley Kimmel
Company\kimmel\07 -0 1-02\conseco.ltr
5Ai'~ K.1Wt<.l
V E.RI FIe A T ION
Subject to the penalties of 18 Pa. C.S.A. 4904 relating to uns\....orn falsification to
authorities, we hereby ceriify that the facls in lhe foregoing pleading are true and
correct to the best of our information and belief.
Date: D'7- -(8 -D OJ.
'.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CONSECO Finance Consumer
Discount Company
Plaintiff
COURT COMMON PLEAS
CUMBERLAND COUNTY
Vs.
Clair F. Kimmel, Jr., Shirley A. Kimmel
Defendants
No. 02-3039 Civil Term
CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 18th day of July, 2002,
serve a true and correct copy of the Objections to Plaintiffs Complaint with New
Matter on all counsel of record by United States mail, first class, prepaid
addressed as follows:
Gregory Javardian
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
David W. Knauer, Es uire
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2002-03039 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER
VS
KIMMEL CLAIR F JR ET AL
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:
KIMMEL CLAIR F JR
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, KIMMEL CLAIR F JR
CLAIR F KIMMEL JR DIED 12/26/01
Sheriff's Costs:
Docketing
Service
Aff idavi t
Surcharge
18.00
.00
.00
10.00
.00
28.00
:~
SHERIFF OF CUMBERLAND COUNTY
GREGORY JAVARDIAN
06/27/2002
Sworn and subscribed to before me
this Sf& day Of~
,),cn:JL A.D.
Q.g.C~~
Pro h notary ,
.
THE LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY I.D. # 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs,
No.: 02-3039 Civil Term
CLAIR F. KIMMEL, JR.
SHIRLEY A. KIMMEL
Defendants
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
6. The averments of paragraphs one (1) through five (5) are incorporated
herein by reference as if more fully set forth at length.
7. Admitted. By way of further response, Plaintiff holds two mortgages on
the property located at 334 Charles Road, Mechanicsburg, P A 17055
executed by the Defendants. The mortgage at issue in the foreclosure
action is the mortgage dated November 15, 1999 in the original amount of
$36,083.00. The mortgage referenced in the January 18, 2002 letter, as
well as, the averments in Defendants' pleadings is a separate mortgage
involving a home improvement loan dated February 24, 1999 in the
original principal amount of $36,386.50. A true and correct copy of the
residential mortgage, which is the subject of the foreclosure action, is
attached hereto and marked as Exhibit "A". A true and correct copy of the
..
.
home improvement loan referenced in Defendants' pleadings is attached
hereto and marked as Exhibit "B".
Admitted in part and denied in part. It is admitted that agreement was
reached between Plaintiff and Defendant's counsel whereby Defendant
would pay $100.00 per month until the VIM arbitration hearing.
However, the agreement involved the home improvement loan and did not
reference the mortgage subject to the foreclosure action. At no time has
Plaintiff agreed to forego the foreclosure on the mortgage dated November
15, 1999 which is in default.
9. Admitted in part and denied in part. The letter dated February 18,2002 is
8.
a writing and speaks for itself. By way of further response, the letter
references the home improvement loan which is not the mortgage subject
of the foreclosure action. The individuals named in Defendant's New
Matter, Mr. Davis and Ms. Armstrong, are representatives of Plaintiff who
are employed in the collections unit for the home improvement loans. The
home improvement loan unit is a separate unit that the residential
mortgage unit handling the mortgage dated November 15, 1999 which is
the basis ofthe foreclosure action.
10. Denied. Plaintiff has not contacted Defendant directly after Defendant
retained counsel.
11. Admitted in part and denied in part. The letter dated April 23, 2002 is a
writing which speaks for itself. By way of further response, the letter
.
.
references the home improvement loan which is not the mortgage subject
to the foreclosure action.
12. Admitted in part and denied in part. The letter dated July 1, 2002 is a
writing which speaks for itself. By way of further response, the letter
references the home improvement loan which is not the mortgage subject
to the foreclosure action.
13. Denied. The averments in paragraph thirteen (13) constitute a conclusion
oflaw and no response is required.
14. Denied. Plaintiffs counsel has not directly contacted the Defendant.
15. Denied. The averments in paragraph fifteen (15) constitute a conclusion
of law and no response is required. By way of further response, any
alleged agreement with the Defendant involved the home improvement
loan and did not involve the residential mortgage which is the basis for the
foreclosure action.
16. Denied. The averments in paragraph sixteen (16) constitute a conclusion
of law and no response is required. By way of further response, any
alleged agreement with the Defendant involved the home improvement
loan and did not involve the residential mortgage which is the basis for the
foreclosure action.
17. Denied. The averments m paragraph seventeen (17) constitute a
conclusion of law and no response is required. By way of further
response, any alleged agreement with the Defendant involved the home
improvement loan and did not involve the residential mortgage which is
the basis for the foreclosure action. Therefore, Plaintiff is not estopped
from pursuing the foreclosure action on the residential mortgage.
18. Denied. The averments in paragraph eighteen (18) constitute a conclusion
of law and no response is required. By way of further response, any
alleged agreement with the Defendant involved the home improvement
loan and did not involve the residential mortgage which is the basis for the
foreclosure action. Therefore, Plaintiff is justified in pursuing the
foreclosure action on the residential mortgage.
19. Denied. The averments in paragraph nineteen (19) constitute a conclusion
of law and no response is required. By way of further response, any
alleged agreement with the Defendant involved the home improvement
loan and did not involve the residential mortgage which is the basis for the
foreclosure action. Therefore, Plaintiff is not barred from proceeding with
the foreclosure action on the residential mortgage.
WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant.
DATED: July 29, 2002
VERIFICATION
I, Gregory Javardian, attorney for Plaintiff, hereby state that I am duly authorized
to make this Verification on behalf of Plaintiff and does so because of the exigencies
regarding this matter, and because Plaintiff must verify much of the information through
agents, and because he has personal knowledge of some of the facts averred in the
foregoing pleading; and that the statements made in the foregoing pleading are true and
correct to the best of his knowledge, information and belief and the source of his
information is public records and reports of Plaintiffs agents. The undersigned
understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Dated: July 29,2002
Exhibit "A"
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CammollWellltb of PmasylYllDia
Return To:
COlUlflCO Finance
Attn: Trailing Doc:u_nte Area This Mortgage secures future advances
7360 South Eyrene Road
Teq>e. AZ .5283 November 15 1999
1, DATE AND PARTIES. The date of this Mortgage (Security [nstrument) is ............................'................... and the
parties, their addresses and tax identification numbers, if required, are as follows:
Space AboYe This Liae For Ro:c:ordiag Dara
Application # 9910227434
Loan , 6905579436
OPEN-END MORTGAGE
MORTGAGOR: Clair F Kimmel, Jr, Shirley A Kimmel
HUSBAND AND WIFE
LENDER;
o If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors.
acknow1edgnients. .' _"._ _ ~_ _ _ _ _ _ __.~ _ _ ___ _ ..
Conseco Finance Consumer Discount Company- _
3401 Hartzdale Drive Suite 118 '
'Camp Hill, Pennsylvania 17011
lheir signatures and
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 performaIice undenhi~ S~ty. IlIStlUmeI!t, Mortgagor ~,'dmrgains,
con~ ~mori~ages tlJ ~the fonowi~ ~ri~il p~~:~_-,;;::-'~~':,. ,,':'.~.:' . ." ";;CO'~ :u _
.- .' ., -, ... ... '~ tD tTt .....
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The property IS located 1Jl ............ ....,......... ...... .......,................ .._.. ..,......, at ..,..... ............... .........:J:;:'..... '.....
(Ccunl7)
334 Charles Rd Mechanicsburg , 27055
'. ........,....... '..... ,.. ................... ,............, ...,.........,., '...... .......... ......... .,.., .... Pennsylvama ..........,.......".....
~l (Clt)') . (ZIP Code)
Together with all rights, easements, appurtellaDCeS, royalties. mineral rights, oil and gas rights, all water aud riparian rights,
dit~, lIIId water stocJc and all existing and future improvements. strIICtIIres, mtures, aud replacements that may now, or at
any time in the future, be pan of the real estate described above (all referred to as .Property").
3. MAXIMUM OBU~tTb~ ~, The total principal amount secu~ by this Security IlIStrumeJU at any one time shall not
exceed $, .................~.......:......,....,......,....... , This limitation of amount does DOt include iDtcrest and other fees and
charges Validly made Pursuant to this Security IlIStrument. Also, this limitation does not apply to advanceS made under the
tel1IlS of this Security Instrument to protect Lender's security and to perl'orm any of the covenants contained in this Security
IDStrUment.
4. SECURED DEBT AND FU'I1JRE ADVANCES. The term "Secured Debt" is defiDed as follows:
A. Debt inCUiied-iiDder the terms of all promissory J1Qte{s), COI1tJ'aCt(S), guaranty(s) or other evidence of debt described
~ow and all d!eir.e:lttensiOIlS; renewals, .modifications'or substi~tions. ~,referencing the debts below it is
suggested that you iJfJ:ludeitems.such as. bon-owers , names, nau amounts, wUest rates, maturity dates, etc.)'
Note dated November 15, 1999. between Conseco Finance Consumer Discount Company and
01.,< F Ki...', Jr, Shirley A "..." for $32,083.00, maturing Nove~ 20...
PE_YLVA~A - MORTGAGE !NOT FOR FNMA. fHLMC. l'HA OR VA USE! .B~OI( 1.582 fAGEl'Q95 (p~t1. 1 1
.,M......... .,.......Inc.. It. Cloud. MN (1.800-'.7.2'3411 Fwm RE-MTIHJA. 1211',..
FOr1l\ ID #:1.1118.,
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: . B: All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
DOte, contract. guaranty, or other evidence of debt executed by Mongagor in favor of Leildcr executed after this Security
Insuument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security
Instrument, each Mongagor agrees that this Security Instrument will secure all future advauces and future obligations
that are given to or iDcurrcd by anyone or more Mongagor, or anyone or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though an or pan may not yet be
advanced. All future advances and other future obligations are sccuied as if made on the date of this Security Instrument,
Nothing in this Security Instrument sban constitute,a commianent 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 incuned by Lender for insuring, preserving or otherwise protecting the
Property and,its value and any other swns advanced and expenses illtUIIed 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 aU payments under the Secured Debt will be paid when due and in aCcordance with the
tenns of the Secured Debt and.this Security Instrument,
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the ~te 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 fur encumbrances of record,
7. PRIOR SECURI1Y 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 perfonn or comply with all covellllJ1lS.
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 DOte or agreement secured
by the lien document without Lender's prior written consent..
8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, CIlCUIIlbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Lender may requqe Mortgagor to provide to Lender copies of all
notices tbat_~~ts_~.!J!le and: the_receipts evidencing ,Mortpgor~s.,paymcllt..' MongagOf will defend title to the
Property against any claims that would impair the lieD of this Security Instnunent. Mortgagor agrees to assign to Lender, as
requested by Lender, any rights. cIaims or defenses Mongagor may have against panies who supply labor or materials to
maintain or improve the Property,
9. DUE ON SALE OR ENCUMBRANCE, Lender may, at its option. declare the entire balance of the Secured Debt to be
immediately due and payable upon the creation of, or contract for the creation of, any lien, eDCUlllbr.mce, transfer or sale of the
Property: This right is subject to the restrictions imposed by fcderaIlaw (12 C,F,R. 591), as applicable. This covenant shaIl
run With the Property and shall remain in effect until the Secured Debt is paid in full ~ this Security Instrument is released.
. ".
10. PROPERTY CONDITION, ALTERA nONS AND INSPECTION. Mortgagor will keep the Property in good condition and
make all repairs that are reasouably uccessary, Mortgagor shall not commit or allow any waste, impairment, or deterioration of
the Property. Mortgagor will keep the Property free of DOxious weeds and grasses. Mortgagor agrees that the nature of the
occupancy and use will DOt substantially change without Lender's prior written consent. Mortgagor wiIlllOt pennit any change
in any license, restrictive cov~qant or casement without Lender's prior written COIlSCllt. Mortgagor will DOtify Lender of all
~~nd,., proceedings, claims and actions against Mongagor, and of any loss or damage to the Prop:rty,
.'
BooK1582rAGE1096 ~ ~~aI~
01.......,. ~ lnc.. St.Cfoud, MN t,-eOO-3.17e23411 FotmIlE-MTO-PA 12118J1i4.
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. 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 giye Mongagor notice at the lime of or before 'an inspection specifying a reasonable purpose for the
inspection. Any inspection of the Propeny shall be entirely for Lender's benefit and Mortgagor will io no way rely on
Lender's inspection.
11, AUTHORITY TO PERFORM.' If Mongagor fails to perform any duty or any of the covenants colllllined in this Security
Instrument, Lender may, without notice, perform or cause them to be performed, Mongagor appoints Lemler as auomey in
fact to sign Mongagor's name or pay any amount necessary forperfonnance. 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 Set,:urity Instrument. If any construction on the Property is discontinued or not carried on in a
reasonable manner, Lender may take all steps"necessary to protect Lender's security interest in the Property, including
completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as
additional security all the right, tide and interest in and to any and all existing or future leases. subleases, and any other written
or verbal agreements for the use ~~y o!:,. any .porEon_of ~~....:. !!!:1~4ing any: extensions, renewals,
modifications or substimtions of'sUcIi agreements (all refem:ii 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 !;olIect, receive, enjoy and use the Reius so long as Mortgagor is not in default under the terms of .tills Security
Instrument.
Mortgagor agrees that this assignment is immediately effective between the panies to this Security Instroment and effective as
to third parties on the recording of this Security IDSttUI1lent. 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 Ib!nts due
or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's leaams until
Mortgagor dcf.lults and Lender notifies Mongagor of the default and t1f'mAnt./llthat Mortgagor and Mortgagor's tena.ws pay all
Rents due or to become due direcdy 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 nol commingle the
Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Monga,gor warrants
that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to mailllllin and require
any tenant to comply with the terms of the Leases and applicable law.
,
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mongagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property iocludes 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 UDder the terJ!ls ~t.tJtis_S~IY ,Instrument.or.any othei,documcnt executed for
the purpose of:i:mwiig:iCCiinDi 'Or: ~ ihe sicured Debt. A good faith belief by Lender that Lender at any time is
insecure with respect to any person or entity obligated 00 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 instaDl;es, federal and state law will require Lender to provide Mortgagor with notice
of the right to c:ure or other notices and may establish, time schedules for foreclosure lK:tions. Subject to these limitations, if
any, Lender may accelerate the Secured Debt and foreclose this Security IllStIUIIlCnt in a manner provided by law if Mortgagor
is in default, .
",
AI. the option of Lender, all or any part of the agreed fees and charges, lK:Crued 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 cntided to all the remedies provided by law, the teIIDS 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 acceptaIICe by Lender of any sum in payment or partial paJIllCDl on
the .SecUred Debt after the ba1ance is due or is lK:celeraled or after foreclosure proceedings are filed. shal1 not constitute a waiver
of Lender's right to require complete c:ure of any existing default. By IIDt cxelcisiDg any remedy on Mortgagor's defilUlt,
Lender does not waive Lender's right to later consider the event a default if it coIllinues or happens again.~
(p1lfJ. 7
e11184 ...... ""',..".. ..... 81. Cloud. M~ 1,..oa-3.7,2341J ..,.. I\E-MTQ4'A lV'lI"'4 ,BOOK 1582 rAGE109?, ~
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16,:EXPtNSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agr~ to pay all of Lender's expenses if Mongagor breaches any COVenant in this Security Instrument.
Mortgagor will also pay on demand any amount incurred by Lender for iru;uring, inspecting, preserving or otherwise
protecting the Property and Lender's security interest. These expenses will bear iDlCrest from the date of the payment until paid
in full at me highe:,'t ilUCrest rate in effect as provided in Ihe tcnns 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 Iustrumem.
This amount may include, but is DOt limited to, attorneys' fees, court COstS, and other legal expeoses, This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation (>>,,15 of such release.
17, ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) EnviromI1cntalLaw 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, envirooment or a hazardous substance; and (2) Hazardous
Substance means any toxic, radioactive or hazardous material, waste, pollutant or conraminant which has characteristics which
render the substance dangerous or potentially dangerous to the public health. safety, welfare or environment. The term
incJudes, without limitation. any subs_tancclUJcfined:a.~...ha%ardous material," "toxic. substances,.' "hazardous waste.- or
"hazardous substance" under any EnviroomentalLaw,
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 docs 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 Environmenral Law.
!
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C. Mortgagor shall immediately notify Lender if a release or rhrcatcned release of a Hazardous Substance occurs 00, 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 acco~e wilh any Environmental Law. '
D, Mongagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe tbcre is any pending or
threatened investigation, claim, or proceeding relating to the release or threalened release of any Hazardous Substance or
the violation of any Environmental Law .
18. CONDEMNATION. Mongagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to putehase or take any or all of me Propeny throuih condemnation, eminent domain, or any other means. Mongagor
authorizes LeDdcr to intervene in Mortgagor's name in any of Ihe above described actiODS or claims. Mortgagor assigns toiLender the procee~ of any_aw'!f!l.Q.r claimJQ.r.damag~ connected. with a COnof'm""lioif.or.other.raldog,of-all,or any pan of the
.- ProPertY.. SuCh proceeds shall be considered paymcms and. will be applied as provided in this Security Iusttumcllt. 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 shaIl keep Property insured against loss by tire, flood, thc.ft and other hazards and risks reasonably
associated with the Property due to its type and location. This i11SUr.llll:e shall be maintaiDCd in the amounts and for the periods
that Le~ requires. The i.oswance Carrier providing the insurance sbaI1 be chosen by Mongagor subject to Lender's approval,
Which shall not be unreasonably withheld. H Mortgagor fails to maintain the coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Propcny 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 shaIl immediately notify Lender of cancellation or termination of the illSUIaDCe,
Lender shall have the right 10 hold the policies and renewals. If Lender requires, Mortgagor shaI1 immediately give to Lender
all receipcs of paid premiums and renewal notices. Upon loss, Mortgagor sbaIJ give immediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
....:
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,BqoK1582 rAGE1C,98
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0,... ...... $r.wm., 1Iw.. $t. CkJud. MN n..00.387.Z3411 Form AE~MTGoPA 1211...4
..uniess otherwise agreed in writing. all insurance proceeds shall be applied to the restoration or rep-.ur 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 Propeny is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Propeny before the acquisition shall plll>'S 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. Mongagor will provide 10 Lender upon request, any
financial statement or information Lender may deem reasonably necessary. Mongagor agrees 10 sign. deliver, and file any
additional documents or certifications that Lender may consider necessary to perfer.:t., continue, and preserve Mongagor's
obligations under this Security Instrument and Lender's lien status on the Propeny.
22, JOINT AND INDIVIDUAL LIABILITY; CO-5IGNERS; SUCCESSORS AND ASSIGNS BP.UND, All duties under this
Securtty InstrumeJlt are joint and individuaCff'Mortgagor signs this SecurliY Iilsttument but does not sign an evidence of debt.
Mongagor does so only to mongage Mongagor's interest in the Property to secure payment of the Secured Debt and
Mongagor does not agree to be persooally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Leoder and Mongagor, Mortgagor agrees to waive any rights lllat may prevent Lender from bringing any action or claim
against Mongagor 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 COIlSent. 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 Mongagor and Lender.
23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is ~vemcd by the laws of the
jurisdiction in which Lender is located. e~cept 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 rllSttument, attachments. or any agreement related to the Secuied
Debt that conflicts with applicable law will DOt be effective, unless that law expressly or impliedly permits the variations by
written agreement. If any section of chis Security Instrument cannot be enforced according to its lenns. that section will be
severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singuIar shall
include, the plural and the plural the singular. The captions and headings of the sections of this Security Instrument arc for
convenience only and are .not to be used to interpret or define the terms of this Security Inst1'llmetlt, Time is of the C5SeIICe in
this Security InslIUment.
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 !!,ther ~. wagIl!!~jn_writing,_~otice to
. one'mortgagorwillo1ie deci:med'IO'be'.notii:etifilfmortgagorS, . .---- - -- - ,
25. WAIVERS: Except to the ex.tent prohibited by law. Mortgagor waives any right co appraisement relating co the Property.
01......... sv.c.m..~. St. CJ.ud. MN ('...0003.7.23411 Jfenrl N:-MTO-PA 12/11114
.Bood582 fAGE 10 99
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26, 'OTIIER TERMS. If checked. the following are applicable to this Security Instrument:
. 0 Une of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt lDay be
reduced to a zero balance. this Security Insuument will remain in effect until released.
o Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on
the Propeny.
o FIXture '"dine. Mortgagor grants 10 Lender a security interest in all goods that Mortgagor owns now or in the future
and that are or w1ll become fixtures related to the Propeny, 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. . .
o Purchase Money. This Security InsUwuent secnres advances by Lender used in whole or in pan to acquire the
Property, Accordingly. this Security lnsuument. 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.
o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
D Riders. The coveuants 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 ~es)- _ ~~
o Condominium Rider 0 Planned Unit DeveloplllCllt Rider 0 Other .................................:.................
o Additional Terms.
SIGNATURES: By signing below. Mortgagor. intending to be legally bound hereby, agrees to the temlS and covenants contained
in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the date stated on page 1. ait'
..,....:bkJ..:1r..W1Jllj,,?~ ...~'.A~...j( kf?.,
~~MW~ Clair F Ki ~r ~J1.7 ~mW~)'Shirley A Kimmel ~~.7
. . .:. ... .....m...1f I ~ I ~~;...........m......m...........
ACKNOWLEDGMENT: P 1 ' D ~ '
COMMO~ OF .....~;:.~~r...::~.7.~..........,.. COUNTY OF .....A':'.~,,;.\\........:...................} ss.
ltd_ On this, the ...................,... day of ,..~~!!.'~J:..l1l29...................... before me ...........:........................
. the undersigned officer, personally appeared ..c:?-.~:::.:..~:~~!::..~~:..::~.:~~~..~..~~:......,.....:.......,................
.............................,.....,...............,.............,........................ known to me'(ot satisfactorily proven) 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.
oi~~~mr_.;r~~ ::u
.... ~........... ....... ....... ........ ....... ..... ......... ..................... ..........................
TiIIo or Ollla:r '
It is he _ address of the Lender within named is: ,..~.~~.~:~7..:?~~~:::.~:~~~~,~~~~,..............
3401 B .', .. 1te lU, caaop Bill. Pennsylvania.. 17011
...................;.~,.............................................................................................................................................
NOTARIAL SEAL
NEVIN L BEYER. Notary Public
Lower Paxton lWp.. Dauphin County
My Commission Expires Sepl25. 2000
Momber. Pennsylvania Association of Nolarles
..................................................................................
e1............pt8ma" 1M.. S'I. ctOUlll. MN (1400-307.234" F.nn N.oMTG-PA 1:zt1~
Bood582 fAGE11CO
(page 6 of 61
~ ..... .'.,:. ~..~
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Exhibit "B"
7
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u :U.".'.7 .'3/1, .....J. ."._-
r.."::[:';'; :', r.!~~:~R
P.E~Q"'" 4_ i;: ";':'11:.0 .
cuwaF.I\;:\t:iJ '.;ouni'(f~
'99 I'IlIR lZ Al'I10 Sr
~1dI...e::..... r .~".,.u,..~t.._-
.....- -- OPEN-END MORTGACE
JSse.2.IBI Th.. More.... lHUIQ....wrw MvanceS
T. :~AN~~:=-.~~~: :~:':':'~1:.=%c::,,-=,~:-;;,;~E:', 4_1CS9.....____
!
"rys'l
~
......... .Y .... a.ir.tIlI:'ao WI
___ 2'_ c:.a~ D~ ~
JUD _ *-'=.... ____.... .-pt.
212 ~ ft.# ~.. ~
ft. ._1 .. ..101
UORTCACOIt:
~ ,. 1tDOC.. .;ra. .... ~ A. ~
124 -... lID.
K8CIIaII~_ ... 1'0.. !
,
_._If chackM"........ co Ole atradlK Addudu'" 'ncorPor.... b.....". 'or IIIiklIUGn..[ortaav01'JI' their
.lgnlMUf'U ancr .cknDWI....raltfltL.
LENDER:
~ 1:'''' ~ D~.. ~
IU ~ft.. h..I.b 1:10' .
ft. .~ ,. ..1D1 ..' .
;L ~~,,:~~.:-: ,.:~::,::.v= ::C~='~":~P:'o~:.a:'':d~;~~
chi, Security InStnlrnent, Mortgagor .I'M"- ....,.aI.. ~ and mGft,.... to ~ en. follOWIng
d..crt..., pI'O~ !
a_ Ace...... LegaJ. De....s...,c.a.-
.....1 :rD' 41 ..~ L.I- J. .: ~
T1'MI property" toea In ._~....__......_.____.._....._____ at: .......___._.... _.._.....___....
- ,
..13" ~.....1~U--.._._._.... .~~_.._._-_.. pennsytvanla.j.iIoZWCM;i___
=~d':~rIs~-;U==,:- ==..n~~cIua..r=r::n~g::; g:~r.::'.:":::~I':n~~~
.II"IICCU..... bCU..... and ~.cernenu ltau: may now. or .1 any dm. In the fucur.. M: at lh. ....1
..cab ....crlbecl UDft (all ,......... 10 .. -PropMy"). _
,..............~.,.......____"...__.... .IDUl1525,.i134
.'..........-..-........-...-n_.._.'_-....-.V1...... cr-III-) ..,..,..,.,.,.
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a. MAXIMUM 08UCA-nON LIMIT. The ra~rlndpal amaune 'ecuNIi by .. StcurfCy In.rrurnenc &C any
ono .Im. ,haH .... .,,-.. s._...~.~. ..~'~_...'"'' ThI. Ii... 0 om_. do.. no.lnd_d,
r"leirasc llinir"o..., ,... -. ""'!U'8" ....... p'wnuant tD thl. IV IlUcrvmenc. AI... tills
:!:''=:"~'':..~~~:='r:-=:'f!:: $ J':'a:::..n:.::':.t ro procea
4. SECuUO Dl!1T AND IlUTUUADVANC:a.11te .... "Securecr o.br- ~ d .. follows:
A. g,~~r~=-:""4"=~:~:IA or~.:u:.:.::,cC&::
==..~:n~~~,:,.., )'aM1RcIwN/N#fQ I ....,.,..~ II--., no...
'be ......... .... .t. . ~ , .... ~ __ ...aU ;r,........I.~. ~ /
........ IIy .... --'-...r I ........... _ ~~D ,.. fllClQ i . 1'_"
L ~~.. "anea from lAnd.,. to ~Dt or ~ r\Icu,. ..... 01 ~lIMor CO LAnder
iii~~'::I~~r.:.:;.:=::.... '~.r:.~~:i
Is. ad."...............__...,,_... ....... GO _....,
S"=-ro::IncUINd.:r-~=::.n:===.::..~~.:: _ ~~.11
IUN ~...41 oltl.,.~aar. .....iii'i~." tills u tvJn "'-' ..,..,.11I0.....
fH' put ......, not we ... ~.... .... other ... 0 ... "CllNd
.. II ...... on :r.=-G1'" thl.J Iy Nodtlng I th ....... InacNmenc Mall
ca....~ . CoOmnI - &0 ..... adcIIlfciAallM' UN IoanI _ In My amounr. Any such
CIOIIIrnIUMtis ft'IUIIlt ....... te In . ........ writing. .
C. All ~auona M."...... __ ra ~= ....Ich may I.- .'M. CD . ..tern nOI prohlbfted by
~~ti.e...:~a:..r.:.n.....1ItIu rer OWtdrala Nann ra MY' depac't account
D. ~:!L~!cton.I IUmI aMnmd and expenaa IMlltI'H by Lutcf.,. r~:::z, ......~ or
::.=~~~ ~.::.~ :JUlIfiJ~"s.:::I:V :,da::r.,.~"er au and ex...,,",
T'hl. s.cwtIv Iftall'&tment will .....t MC&mI any~... deM rr 14"..... !'alII to I . an., '*Iulrecl nella a' the
tlllhto,ruClulon..
.. ~='=:-~="'T:na.~S=:J=~I~o:.-.,:'. be HId when .ue u1Clln
5. WAIUlAlny Of' TITl..E. - _.. '.... ~_ Is or will ..~.. ....... 0' m. ......
CO~4f bv ChI. s.cun:lY In.lIivfioMnt -.11 hu tho rtahc ,....... .......I"~ . Mil. And ~n.g... the
~:'I'- W.......r alaD wart'ana tNIt che.ProINP'tY . un8ftCull1DeteG. r ro, .ncumWlincel of
7. :'IOA ~SllCUIUTV'~ With N,"'" ~~ orh.r'mol'tg'.... dft:d~' ..~ "curl~ ..,..~.nt Dr
:e~:-n dOCUment III: Cl'UtM . PI10r I~rv Intuo&t or ~brance . ProIl'rcV~ ..on....,..
A. To m.. ai, ....erta wh.n d,- and to pufarrn or QIImpl'f with an ts.
L To pro",P'tIv ct.1Ivv to Land., iIn't nocfc.a tINe Mortgagor..-...v.. From . hGkler.
C. :;qr::=t-::c..~~.,I:==:.-:I~ttt.~~=.~ lIft.r MVnore
L Cl..AIMS ACAINIT TTrLL ........01' wHl ~I r.uc... UHomen~. '" .. .ncumb~ lease
P"YnMn,,- lrou..., L1lllltlej. .... 011_ .....~, to ~~ Pntp wh.n du.. lAnder ~
Ngul!:!.M~""'tII .ro~~:"i n~a;.&t'~"".1NI .....l:fU.Ud~~
:::~fdTm:....-:f' "'~"~_t~ =....:r.:... ht ~f.=:'~ ,..:-S u=
by Landei'. -.v .... .,....... M.ng... rnav hriie ''''nst _ WhD .upptv I~r Of'
m.ccrl... ro main ,.,.. ~ Propeny_ .
51. ou. ON ~~~~~"'niav. ac .!!...!~),d""ttM e"'rI .....nceorth.Securad
. Debt ~ :"~.n:-.~"fiiiQ'" ~~ ro~ 'Jr:::n0ll =-~~'Ty
~'I- ~ '.Il. UIl,.. ....'_10. ........... ..... run wrdf... J:: "" Oftd ~I .......n 'n
..rr.a: uned chao SecUrwCI De" It: paid In fuN .n~ thll Securtrr Ift.ltrum..........
Gl----~:.....:...:::_.:.;."~~I._~.,Jud.525
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10.. P"'OPDTY CONIH'ITON. AL'TDATIONS AND INSPecnON. No,....or wll k..p Pro",,!,~.!.ocI
cond~ aM Malle all.I:A: thae.~ ..... . M.~....a not: comrw:.or r.;;Ki any
=: :r~~.!- Of' _tall.;:..:: die of ~~= 101M II not .J.a.no:.:rr;
~:.=~=-. em-:~~-=:- .,.:".:.':.~~ :.."aJ':.:DJ.,11:I:;
~.u."emuuI.. ,Io, =.:: and KIlo,.. agiJnIC ~I and of....y lor....... to the
Property. ,
....:::......~.,.y. ~""C..':::l::- ~-:=~.:'~.~of~::;.'=
r.._.n _ . !!!_~':! ......_ for ""'"/_.. _'r.;::':'n .f ......... ..." ..
endrely tar........ ~MaI'IpDOI WU Jft no..., raty on 1MMUn tnalMCll
il'~TO........~_~~rm-::.=.r....o1- /:,...:m.....~
~~ ot,==-,uaclam:l' lO.;:-f:o,ralK;". :"amC::-~ untn~ary
lot !~:r.::- ...mI.... ....,....~ -- ...., .... ....... on n ....-...t!".
and't:n"".. .....,... to ~"" win ftOC . 1Ana.f... _udal~ ....... 0" nt.
un.r die __ Dr dI" ~ Itlltr'UlDel'lt. I "":-:r=" the ~ ..ft..... 01' noc
==.'l::OI.~~.:.:rr.;"W;;~:1J:-":"=...~'ory... -. -..
...~..."=-~~.=..~;m~_~.......
,......~ U'ld...,il:MtMirVlfl'taanal'. ....UN....
.r... -'~..!..Il"'-="'~-' ~..-
=mll ~.........,..,... tNI "::tcorna: ~ .. ...... a.Wac:.
=.~ ~:t" and .... ..... "-nu .. kine.. MenI....... not In ......ut'C
M.,.... ~_~l th.. ...11...... .. "fMllla&ely_~ becwMn the p
=Lao.r"~ ~..... ='~-:t.': ;.::;..:. ':tl/''::...'='
_~.....,..._....~...........~~,...
='";;1::.. ~-B'!1*~-==,I~..~a!!.1 ....
......... _~~Il"'fua.,. ...- .'lmirJ'..~ ;:a .. .f d.
roo ond ....._..... _ 01_ In ........ _,-
"'!!....!':1I1'U.1C' IAMI_ and war nOI com~nall tIM ...... .,., .0_
coI_ .. IN ....1M .. ~ :c. ibis IIaC:I'UMMCo ..........or
~':. -:::~~..:~':"...;...'"':.1 =.:;r.:m.-r.=.1O ..
u, l.MSIIIlOLml CON_,NIU~............ UNIT ~ ............. .
t::- pnMdloM of any ru:r Ifl::r: ~m"'l ~ en . laueJI....rfatr die
un:...~ =:r ~1= Dt::'uIaIIonI or~I.~c:..;..,.::. =..:
14. Dmr~Twr.:"l:r"MwIIU "o:~....::rn W9.'iaftrrl'ft.iv ~~ ::i~Nd
~...... .r.... _~:':7::..."'_d r ...'.._.f _dno. ..eurift
JeC'Ui-:t DabC. A JI:U:: lit _Net' by ........., LAllcliII' ac any ::J Li In....,.
~-f":='" .:.~~--=~.,.f:I:.~O any.."...,.
1 S. ~EDUI~ :.\ ~3 :;:'-:1 -==-...'::cr =cr:-:.J-:..,wU~-=ii:~'
~......" _.. .ubJoa .. ...... ............. 'I ....~"...r .- _ , ..eu.... Oob. ...
.__ lhIii"$Kw1ly IMCrwnur rn . manner pravsaea ur law If Noftgqar a. In d rlc.
;~1Ion DlLlInClrlr. ,II or artY. pan of~.mll- ....~. '::!&l4Iln .....M~.......
. ...bnmllCll...tI.......~....ftVl.ft4KIc'a I . ..nme c.
a. ulC or ~,... di"""~ 1ft MdlIIOn. ....... bI en hi DIe lid... DnM d bv
-.r.~"""" 011::..- ~..... ~ln_~'.""'" ~..d d_ All nm::....
=-ty~ wh~=':' noc :;::J.,Ht ='.~ acc::.~~":tany !um I =: .P~:i
"
;.'.!:,: ' . ! ",,~2:5_113&
.............................-._ n-.u......II_mo_....,..
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~1InC on III. SKured DtIItI.rnrtIM ~ II Eor I. accaI.....Md or
.... ,..... aha),....t COMtItu. .......... Df lAn&Ier'.s I: to =&1.... com.....
=r::r::=-~~~~If~~.fa.:-..a:. ... doll. I\Ot
1.. ~ ADVANCI!S ON COWIrIAN'nI ATTOIIHO'S- RDI
.............. bv ,_. _ _ .. _ .. ........... .._a
~Mftt lit dill ~'nicNnI..... =:; will .... ...., Oft ..........
-:'....='::.I"''''"lF~_.....~~~
race 1ft u ~~..~.::.r:::r..:'=...P~~'
=-~r1'1!...~......-...... -- :-r. .. Ioat.. _ "_d
:~-=-"'::."~:ns:='l,:::=::hJII nmaln In
17. ENVIIIOIIMd.~ AND u~V'.-VS IUISTANCa.A:I u.... In Hc:d"'J.~U DMronmellW
lAw mana. wi IK hmlladDn. eM Com..........,. EnvIrDJun..... ... ................on and
uabllky Acl 42 u..LC. _, II .~= .. .....,. .......... IIaII .. local ...... ....uIallOIt..
. onIIn~ auc. ..-.rney...... . _ I~ l.a.n ...the pubJlc hulUt.
~--=-==:-~..=~~::..c =-==:~='Ji
""nOw Eh. ......... ....~ _ ..........", ~ CO eM ~ ~. ...,.,. or
~~.!'_="~"'::'..-=-..~~=~1Iny nJ~m.ntal ~.'.""I..
...,....o,............u. ..,&'Uta..... ...... that:
A. .......... _.......~::.~_......_ ,. ..._~. -.-us_ I.
.r.... be r:n.... ..iDNiIf or on Or...- Che-~."""" .... ...... noa: ~plv 10 .......
~maIn=:t=-.:=-..,~.~ .......I\r~ to 1M r .m fOr me normal
L II!JcaP.l" ~ cIIIcIued ucIlC1cnow1Mnd 1ft Mfttng EO LAn..., ......01" and .,.,y 'aMllI:
h-. be...; .... and" shell ........n In ruu C6Jft....... with MY....... ronmental Law.
c.=r:::.:=].':..-=~:=~~ If . ==--:.th .r-=~~
CDnQrnlnO ... ITa""". In .... M ....t, ~ ...... ca. all .,., ....mec:I... action In
accor'lf... wfch ...., In<IrIroNMmaI Law. '
D. Morcgagor Ih&lI I..........., "otlfwo """'1" WIkI:I .. lOOn .. N~ r has ruaon to DeN.,.
~~_~~'::"--::the~::::#~ "=:f.~IaI~'" or
1" (X)tqH!MNAnoN. ~_..u ..... lMtclIer .........'" no~_ of any ....M or 1M..... Melon. bv
prWatlt _publk iI!ftCIda. ~ or ~ all 0' me: rraperqr at condernn&tion. emlnenlt
g:na~or.::u::r~_~........-=~~~I" .o~=:"':r~
I'w~............... _ a --!II' _........ ..01. D' _ .,.... _.....
~ SMIII1:!:~"" ~MU and will.......,.. u PftIIlIf4... 5A UI SKu",", IftlCRlrnent. TNs
=..~~~ ,to ~,.lenu Of... prior monoae d.... 0' man. HCUl'tty
1" INSUItANCE. .........r &hall Ie,. ProI*EY tit_NIl ~1"U by fI,... flo
and IbkI ~ ........ wtIh .. Pro,.. dIM . Ia IWM: .nd lDcuI
........- .. .... -r. ...d lot ... ...._~., _...... - I
.... ~ ~"'.1I1.. ...... _ '0 .....d...i ...
UnrII;;:a";;&... with....... I MontI..... fair. -.-maln n die ClWeraIP dUCi1
~~ I~ ____.e -....-a;lA fights 1ft d'Ii I'raperqr
AM I~ &nd ..-..... ...... lie MaptabIe tD LAnder a....
~=,.c.nc.I~ncI... ==.:::..~~ -:::...=-~~~~
=m1r:"~ ~"'no~ --=:or....., ~=r-Iy,,- to
Can1.r and Lender. t..IhcIer m.~proof~l""~ö, - '! '., .nod.525_tt
..__..............0..&.. n.-.....-II'-~.,....... .........-IIJID ....."01.
f
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~J'tr=~"'-=L~n&Cf==-~.d.~==
PftJCMd. DrlncllN' .,..., nac ......-.r ~~. 1M due ..... of I'"
rite ........t DI any ~c. An" ...... .",be "'" to die NOItII
Lender. ~.of". Itghr co any 1M..,..,.. poIlda M" ....
~ ~:..tr...~"'akIon ...... ...... ~. IAn...,. CD tile ~ Dr
20. QCIIOW POll TAXa AND 1~1tANQ. UnI... odMnIUe Pf'DV't.... 111 a
WIll ftOI " ........nd to..., .. &.IIncI... fundi fbr cmr.. and lluuranu ...
al.~ -=:=r-=~ftAdM~,...,~ "=.::.~=.:~~
..Na hi ~ III...,. .... .... ...., ~I ......." ., thal Land., May con:r
h~ N ...recr. con..... anlll ......... MonII....... ......UonI ""'III thl. SKurtty IMuum4flt
and ~... Den.gaq on....~.
n.._NT ~_DUAL WWUTY: ~ ....D IGHS IOUND.... du,...
u......, ItU flly an~l.,.jOl"l. II. It~..,._.,.... Sect.lrty:y ....bVfnut......
.... Me .n ......... ., cft__M~4aU .. 0ftIw' to ~ .,.. ''''''''' In ....
P'roJlllll'tl'IO....~ ~I.'tblts.cuniil ....... .....-c......... _DC .-be .........Uyllable
on 1M ........ .... If IhII' SecurfIv J~ ...... . I~ ... n ....nder ancI .........,
..~ .... 10 ..... "'V:l.ha dac ....., ~ Lincf... hID gtn. any: aalan otcralni
==,=,I ~Jt:'::::'J .... ~~ ~,::.:r ::v.:::r~..=. -: 3:
s.aut~I~ rnav...... ~....... any ...~"''''''' . s.cul'lty ''''lrUnIenc Dr'
__"d"'_~,. ...___............. nor __tram rIl.
IWnY of cItlJ Securlly ~c. . cIUlla ..... ....... of diIs.s.curfly u....,.t shall bfnd _net
band. chii ........,.....,......... ................ L..tcr.,.
2..~...~1_.."-.",..__1__ .................__
tIIlI 1lI"tft. ....tch-LiftIliW.. ..........I..L~ c. tile ~1.dI___ """ Iw the .... of eta.
J...... -.... .. ~ .. IMINe. f ~ lIecIIrtIr. "'........., II COfhp Ie..... fully raIIMI.
ThII: In8runMnI ~ "en be AIIIitft.... _ lIIOiIHIed bw' orat A'N section Ihb
SeawIcV ....lnIment. atAdIM_", ., ...,. ..........r ....... &II 1ft. DeIIt 1ft. unII wIdt
applf...... ... ..... "-01: ... .rr.a;w. unI... ilia .... -",.,., ., ..... tM: bw'
~t.:r...._.. "UIl..-.""''':L,....--. .___. .
=........ Wh.,.,.. --= :: -...= =r 1ncIutI-:r;. ,.;~ :~ct.;.. ,.1 the II.. It.... tV
=-=:.-=~ --:;J:c -J,. ~=- ~,:~~~r.::r.:r.::.:,.~Tlm. :':r::=:::~ ~ 3.,. .
s.a..rfty I..av",...t.. .
Z4. ~c=-.=-to.~~-"'~~~=-~ar "lit -;.e:.:,-::,gc:,:.:;
....... ......".. In wrIdng. NocIce Hi one 1'InHq..... wi" be ......... 10 _ n hi "I mon.~OtJ.
25. WAlVEllS.Ixapr to me exMm prahlblle4t bv I&w" MonvaIDt'....,... _"'" rlghe aPP"l'enMnt reI.tiIIg
to ttM I'nIJI4RV. '. . .
2.. ontD Tl9l1IS.1' ell..... dI. fcdI-r'ng ... .ppllcal* co thr.. s.currcy tnArum
-- U... of CNdI&. ...... SIlcuNCI Debt Induct... _ """'Ina Un. at crwdlt
=-=-==......, lie l"lIdut:ltd co . a.-a .....nq. .Ia Security IftStnf....
.JL.. CO....~ LN", 1'1111 .sea.t&y II'IaCr\I",.,.t MCU.... ... DbNQaaon Incu
0'", IMJII'OVement an Ute .....1Mrt\r. .
-.- =.: (:1:=::::::1'::':.10., ~:'~.:.;'~.I:'O: mat M~tc.,a.:;
Innru.....' Mill.... . tlnnang RatIlftlenC..... ~ carDon. 1Iho-.raph ",. DdI., raPl'1tdua:1on
mar be IIled 0' ntcord ,.. purpor.. of Aitlde II orb Unlr.nn Comlllerdal CodL
--.. Purchue No.... ....... s.c..nrv 1n.:ltnlrMfti: ........ advucu bp l.McI.r u. In whole: or In paI1 hi
-..ulre the~. AcI::iIaNlnglv. thl. Securily lIutn.!...nt, anet tIM "en h "der. II .net Sh'H be
con....... &I "r-" ......... ~.~ with all 01 thci ,.,.hu. prIorltl and beneftt. tMni.,
under ~ ...... eM eom.........th Of, "1\I"'-n.....I1525 ,..113
t..... .'..... .
.1___...........0.-._.1_,. ---a:...... "'-
1-;''''0 ru~"=I:~f
~-:c ::~~"=
f'rOm ~ 10 the
o.bt ImmMlac.~
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'''_' NOTICE TO aOllROWER: THIS DOCUMDT CONTAINS PItOj;;15 OMS POR A VAIUA8L1
INTERIST RATE. '
_._.=-::;::..-==,:.:=.-=-.,:.a..;:n~~===~ "1~::=:::Jlnto
JII.a. Condom1n".." lUcI.rlU'.... Planned Unk DwelOpme'U....... If LA. CM;hr .....--...-..-.------
_..u AdIIII:Ie.... T....... .
,
:u-~-::=.~:-ih~n,::::::.: ~-rr:.ly~
-....qI~~_~I..gu_'ondMd-
-:;-ky;~~-=-~
.._ _ ' . .2!i!J.J 1999.._......___.__ ........._..._..._.-..
&. ~ ~ ~
~- ..... . -.---...--....-:.- ;;;;;;;;,....-----..
In ..en... ........,. I heNunur let my h~ and otftdalsul.
...____, ~ -' L)
.... _........._I:!r.~
1~~~"S:t I
It I. h....by:CIIn1n.d mac the ad4I..... ofth. LAncl.rwlchln namd Is: ._i\ _G....."DH_.
GR.~\""Jl'"Rl._.__._...._..._..._.._____.____.._.__ -...-.-...---.................
a.foba-"
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~.d.52S...d.1.39
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.,.. .......................... II-""MII _~ "'.....
Cfo'.._......_..,.
-I
GRE@"R.EE
ALl. 'lWaS' aIIIADI --..::rI' oa ....,., _ ~ .naan Dr ......
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THE LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY J.D. # 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
No.: 02-3039 Civil Term
CLAIR F. KIMMEL, JR.
SHIRLEY A. KIMMEL
Defendants
CERTIFICATE OF SERVICE
TO THE PROTHONOTARY:
I hereby certify that a copy of Plaintiffs Answer to Defendant's Counterclaims
was mailed to the following individuals by regular mail, first class United States mail,
postage prepaid on the date set forth below.
David W. Knauer, Esquire
411-A East Main Street
Mechanicsburg, PA 17055
Attorney for Defendant
Dated: July 29, 2002
SWORN TO AND SUBSCRIBED
BEFORE M T IS d'l *'
DAY OF , 2002.
NOTARY PUBLIC
NOTA AL SEAL
TINA E.OOYLE. Netary Public
City of Philadelphia, Phlla. County
M Commission Ex . es Nov. 29. 2004
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LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JA V ARDIAN, ESQUIRE
Identification No. 55669
1310 Industrial Boulevard
l"tFloor, Suite 101
Southampton, P A 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
No. 02-3039 Civil Term
CLAIR F. KIMMEL, JR
SHIRLEY A. KIMMEL
Defendants
PRAECIPE TO DISMISS DEFENDANT. CLAIR F. KIMMEL. JR.
TO THE PROTHONOTARY:
Kindly DISMISS the Defendant, Clair F. Kimmel, Jr., as a Defendant in the
above captioned case.
Date: July 31, 2002
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
vs.
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A. KIMMEL
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-3039 Civil Term
MOTION FOR SUMMARY JUDGMENT
Filed on behalf of: Plaintiff,
CONSECOFINANCECONSUMER
DISCOUNT COMPANY
Counsel for Record for this Party:
Gregory Javardian, Esquire
P.A. ID# 55669
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, P A 18966
(215) 942-9690
Counsel for the Defendant
David W. Knauer, Esquire
Knaur & Associates, LSC
411A. East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
THE LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY I.D. # 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A. KIMMEL
Defendants
No.: 02-3039 Civil Term
ORDER
AND NOW, this
day of
, 2002, upon consideration
of Plaintiffs Motion for Summary Judgment and any response thereto, it is hereby
ORDERED and DECREED that Plaintiffs Motion for Summary Judgment is
GRANTED.
AND Judgment is hereby entered in favor of Plaintiff, and against, Defendant,
Shirley A. Kimmel, in the amount of $41,186.40, plus interest, at the per diem rate of
$12.28 from June 8, 2002 until the date of judgment and legal interest thereafter.
J.
LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY LD. # 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A KIMMEL
Defendants
No.: 02-3039 Civil Term
PLAINTIFF'S MOTION FOR SUMMARY nmGMENT
PURSUANT TO PAR.C.P. 1035.2(1)
Plaintiff, by its attorney, Gregory Javardian, Esquire, hereby respectfully moves
this Court for Summary Judgment in its favor and against Defendant, Shirley A
Kimmell. In support of this Motion, Plaintiff submits the accompanying Memorandum
of Law, Proposed Order, Affidavit and Exhibits, and hereby avers as follows:
1. On November 15, 1999, Clair F. Kimmel, Jr. and Shriley A Kimmel
(hereinafter referred to as the "Defendant"), entered into a Mortgage in
favor of Plaintiff, Conseco Finance Consumer Discount Company
(hereinafter referred to as the "Residential Mortgage"). A true and correct
copy of the Mortgage is attached hereto and is incorporated herein as part
of Exhibit "C".
I Plaintiff named Clair F, Kimmel, Jr. as a Defendant in this action because he signed the Note and
Mortgage. After the Complaint was filed, Plaintiff discovered that Clair F. Kimmel, Jr. deceased. Plaintiff
has since dismissed Clair F. Kimmel, Jr. from the foreclosure action. See Exhibit "G".
.
2. On November 15, 1999, Defendants executed a Note in the principal
amount of $32,083.00, the indebtedness of which is secured by the
Residential Mortgage. A true and correct copy of the Note is attached
hereto and is incorporated herein as part of Exhibit "D".
3. The property subject to the Residential Mortgage is 334 Charles Road,
Mechanicsburg, P A 17055.
4. The Defendant is the record owner of the property subject to the
Residential Mortgage.
5. In addition to the Residential Mortgage, which is the mortgage subject to
the foreclosure action, Plaintiff holds a mortgage for a home improvement
loan which was executed by the Defendant on February 24, 1999 in the
principal amount of $36,386.50 (hereinafter referred to as the "Home
Improvement Mortgage"). A true and correct copy of the Home
Improvement Mortgage is attached hereto and incorporated as Exhibit "F".
6. The Defendant is in default of the Residential Mortgage and Note by
failing to make payments when due and owing. Plaintiffs Affidavit and
accompanying payment history, attached hereto and marked as Exhibits
"A" and "B", demonstrate that the Defendant is in default and the amounts
set forth in the Complaint are correct.
7. The last payment tendered by the Defendant was credited on May 21,
2001. In fact, Defendant has not tendered a mortgage payment in excess
of one year. A copy of Defendant's account history is attached hereto and
marked as Exhibit "B".
.
8. The payment history corroborates the averments in Plaintiffs Complaint
and Plaintiffs affidavit as to the amounts due and owing as a result of the
default. (See Exhibits "A" and "B").
9. The Notice of Intention to Foreclosure and Notice of Homeowners'
Emergency Mortgage Assistance was sent to the Defendant on March 20,
2002. A true and correct copy of the Notice is attached hereto and
incorporated as Exhibit "E".
10. As a result of the default on the mortgage, Plaintiff filed the underlying
Complaint in Mortgage Foreclosure on June 25, 2002.
11. The Defendant filed an Answer and New Matter on or about June 18,
2002.
12. On July 30,2002 Plaintiff filed an Answer to Defendant's New Matter.
13. Defendant's Answer does not address the material issues as to default and
amounts due and owing with respect to the Residential Mortgage.
14. In the Answer and New Matter, Defendant makes reference to an
agreement entered into between Defendant's counsel and representatives
of Plaint iff.
15. However, the agreement involved the Home Improvement Mortgage, did
not address the default on the Residential Mortgage, and Plaintiff did not
agree to forbear on enforcing its rights under the Residential Mortgage.
16. As indicated by the Mortgage attached to Plaintiffs Complaint and the
averments in Plaintiffs Complaint, the basis of the foreclosure action is
.
Defendant's default on the Residential Mortgage and Plaintiff is not
asserting a claim based on the Home Improvement Loan.
17. The averments in Defendant's pleadings do not address or refute the
allegations in Plaintiffs Complaint because the averments implicate the
Home Improvement Mortgage which is not the basis ofthe foreclosure.
18. The Defendant has not come forth with any evidence to refute the
averments in Plaintiffs pleadings as to the issues of default and amounts
due and owing.
19. Defendant has failed to establish a genuine issue of material fact.
20. Plaintiff has made out a prima facie case for summary judgment:
Defendant is the owner of the property at issue, Defendant executed the
Note and Mortgage at issue, Plaintiff is the holder of the Mortgage and
Note; Defendant is in default of the mortgage and has failed to cure said
default, and Plaintiff complied with the notice requirements.
21. Thus, pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil
Procedure, there is no genuine issue as to any material fact and Plaintiff is
entitled to Judgment in Foreclosure as a matter of law.
WHEREFORE, Plaintiff respectfully requests that its Motion for Summary
Judgment be granted and that Judgment in Mortgage Foreclosure be entered in Plaintiffs
favor and against Defendant, Shirley A. Kimmel.
Dated: September 4, 2002
Exhibit "A"
.
THE LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY I.D, # 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, P A 18966
(215) 942-9690
Attorney for Plaintiff
CONSECOFINANCECONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A. KIMMEL
Defendants
No.: 02-3039 Civil Term
AFFIDA VIr IN SUPPORT OF PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT AGAINST DEFENDANTS
I, Ruth Hernandez, of full age being duly sworn according to law, depose and say
that:
1. I am a Foreclosure Manager at Conseco Finance Consumer Discount Company
and have personal knowledge of the facts set forth in this Affidavit.
2. The attached payment history is a true and correct copy of the Defendant's
payment history.
3. Conseco Finance Consumer Discount Company holds two mortgages executed by
Clair F. Kimmel, Jr. and Shirley A. Kimmel; a home improvement mortgage dated
February 24, 1999 in the principal amount of$36,386.50 and a residential mortgage dated
November 15, 1999 in the principal amount of$32,083,OO,
4. The property subject to the two mortgages is 334 Charles Road, Mechanicsburg,
PA 17055 (the "Property").
5. The Defendant is the record owner ofthe Property.
6. The Defendant is in default of the residential mortgage by failing to make
payments in accordance with the Mortgage and Note.
7. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency
Mortgage Assistance was sent to the Defendant on March 20, 2002.
8. As ofJune 7, 2002, the following amounts are owed on said Mortgage:
Principal Balance
Interest to 6/7/02
Accum. Late charges
Deferred Interest
Assessment
BPO
Property Maintenance
Attornev Fee/Costs
TOTAL
$31,854.62
$ 3,928.32
$ 452.73
$ 1,032.73
$ 160.00
$ 58.00
$ 3.700.00
$41,186.40
9. The per diem rate is $12.28 for each day after June 8, 2002 that the debt remains
unpaid plus costs and attorney fees.
10. Defendant has been credited with every payment made by them and received by
Plaintiff and/or its assignors. Proper amortization of the principal and interest amounts
have been calculated.
11. All interest calculations have been correctly calculated from the date of the
default and all accumulated late charges and fees have been properly assessed.
12. Despite demand, Defendant has failed to cure the debt as it is presently due and
OWIng.
~~
Ruth Hernandez, Foreclosure Manager
Sworn to and Subscribed
Before me this 23rd day
Of:~,:~
OlMy Public
. OFFICIAL SEAL
DENISE SMOLUCH
NOTARY PUBLIC-ARIZONA
MARICOPA COUNTY
My Commission Expires Jan, 5, 2006
Exhibit "B"
-_.~_..........-.....~~,~....__.
JUL-23-02 TUE 02:17 PM
History Summary
Customer:
Address;
Kimmel" ClaIr F
334 Charles Rd
Mechanlcsburg, PA 17055
FAX NO.
IN 6905579436
Tax 10;
Phone:
202-32-4226
(717) 761.8978
P. 02
JUly 23, 2
PO$I Dille Erf. O:lrA Da5Cripllc>n
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JUL-23-02 TUE 02:18 PM
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Exhibit "e"
I.' ---'14
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Commonwealth or l'eDllSylYlIIIia
Return '1'0:
Conseco Finance
Attn: Trdling OOc:u....nt. Area This Mongage secUres future advances
7360 South ~ene Road
Te....., AZ 15283 November 15 1999
1. DATE AND PARTIES. The dale of this Mortgage (Security Instrument) is ,...........................'..............,.... and the
parties, their addresses and laX identification numbers, if required, are as follows:
Space Abo"" Thls Line For Recordiag !>ata
OPEN END MORTGAGE Application # 9910227434
- Loan, 6905579436
MORTGAGOR: Clair F Kimmel, Jr, Shirley A Kimmel
HUSBAND AND WIFE
o If checked, refer to the attachc:d Addendum incorporated herein, for additional MoItgagor:s,
acknoWledgments, .." __. _ ,_ _._ _ _ _ _ _ __.. . .
Conseco Finance Consumer Discount Company, _
3401 Hartzdale Drive Suite 118
'Camp Hill, Pennsylvania 17011
their signatures and
LENDER:
2, CONVEYANCE. For good and valuable consideration, the r~pt and suffiCiency of whicb is acknowledged, and to secure
the S~ D~ (defioed below) and'Mon.gagor-'s.~o~ ~~~;~~~t.~~ty:.IDSttument, MOrtgagor @1ts~~gains,
con~eys ~,mongages to Le:n9c~the folloWIDg desCrib:dpro~. ,. .,,'.. :;-;' ">:"'. _.. ~ . ." , ." ; -co 3::::l1::o
.. :See:,'Exfd.bi'tA """.:'..- ..:.:'.~'.,>,~;' '" ~ ~~o
. ,.' .... ' . " ,. " c::::: ::0 0 CI:I
,-....-,. ,.... f;~~
ex> :c: m ~
<::r;;o~
QON
0""_
cO"'"
=<=,.,..G')
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Q -< 0',.,..
. . CUmberland __ ,.;, en ::0
The property 15 located ln .. ,......... ......,... ..,. ,..,... ..................,.. .....,........,.. at .... ......... ....,...... ....... .;x,;............
(County)
334 Charles Rd Mechanicsburg . 1.7055
'. ......". ..... ..................................... ,....., ,........ ....,.. ....,.. ..,...,... ..,...,.. ...,..... Pennsylvama ........,..,........."..
(Ad~t (CIty) (ZIP Code)
.1;,:,
""t)
,:=3
.f'\)
Together with all rights. easements, appUrtenances. royalties, mineral rights, oil and gas rights, all water and riparian rights,
dit~, and water stock and all existing and future improvements, structures, tatures, and replacements that may now, or at
any time in the future. be pan of the real estate described above (all referred to as .Property.),
3. MAXIMUM OBU~~Tb9n. LmJIT. The total principal amount secured by this Security Iustrument at all}' one time shall not
exceed $ ................L......:......,.................. , This limitation of amount does not include iDten:st and other fees and
charges Validly made Pursuant to this Security Iustrument. Also. this limitation does not apply to advanceS made under the
tenuS of this Security Insawnent to protect Lender's security and to perform all}' of the covenants contained in this Security
Instrument.
4. SECURED DEBT AND FUTURE AnV ANCES. The term .Secured Debt" is defined as follows:
A. Debt inCWied-Wlder the tenns of all promisSOJ}' note(s), con.tract(s), guaraauy(s) or other evidence of debt described
~ow and all ~jr. extensions, renewals, modificatioJ1S' or substi~tions. ~. rtferencing the debts be/ow it is
suggestm that you itu:lude'items .such as, borrowers' 1IlJ11IeS, note OJnounts, imerm rates. maturiJy dates, etc.)'
Note dated November ~5, 1999. between Conseco Finance Consumer Discount Company and
0,.1. F Xi"", Jr, Shir'ey A Xi"", for $32,'83.", ..turlog .o~ 2'2'.
PENNaYlVA~IA . MORTGAGE !NOT FOA I'NMA. FHLMc. I'HA OR VA use ,BqOk 1.582 I'AGEl'Q95 (page J..I~J
0'"4 -... ......... ..... SL "-. MN (1'.00-387'23411 Fomo AI:-MTlH'A '21'.'.4 ~
FOr1l\ ID IIU1.1...,
c
~
E?tRIBIT A
Leaal Descrintion:
()
~
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF
COMBERLAND, AND COMMONWEALTIi OF PENNSYLVANIA. BEING MORE FULLY DESCRIBED IN
DEED DATED 09/09/80, RECORDED 09/17/80, APPEARING AMONG THE LAND RECORDS OF THE
COUNTY AND'STATE, SET FORTH ABOVE IN DEED BOOK 29-C, PAGE 523,
Parcel 10: 10-22-0525-044
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'.
B~ All future advances from Lender to Mortgagor or other future obligations of Mortgagor to LeDder under any promissory
DOte, contract. ~ty, or other evidence of debt executed by Mortgagor in favor of LeiUler 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 anyone or more Mortgagor, or anyone or more Mortgagor and others. All future
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 secuicd as if made on the date of this Security Instnlment.
Nothing in this Security Instrument shall constitute -a commitment to make additional or future loans or advances in any
amount. Any such commitment mUSt be agreed 10 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 Mongagor 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 DOt 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.
6. WARRANTy OF TITLE. Mortgagor warrants that MOrtgagor is or will be lawfully seized of the ~te conveyed by this
Security Instrument and has the right to gI'lIItt, 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 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 perfonn or comply with all covenants.
B. To promptly deliver to LeDder any ootices that Mortgagor receives from the holder.
C, Not to allow any modification or extension of. nor to request any future advances under any DOte or agreement secured
by the lien document without Lender's prior written CODSCl1t.
8. CLAIM:S AGAINST TITLE, Mortgagor will pay all taxes, assessments. liens. encumbrances, lease payments, ground rents.
utilities. and other charges relating to the Property when due. Lender may req~ Mortgagor to provide to Lender copies of all
notices that such amounts, are due and: the_receipts evidencing ,Mortg'agor~s.payment.. MortgagOr will defcud title to the
Property ag8iiiSt anYCi3fm; diit-would impair the lien of this Security InstrUment. Mortgagor agrees to assign to Lender. as
requested by LeDder. any rights. claims or defenses Mortgagor may have against parties who supply labor or materials to
maintain or improve the Property,
.9. DUE ON SALE OR ENCUMBRANCE. Lender may. at irs option. declare the entire baIanc:e of the Secured Debt to be
immediateJy due and payable upon the creation of, or CODttact for the creation of, any lien, encumbrance. transfer or sale of the
Propeny: This right is subject to the resuictions imposed by federal law (12 C,F.R. 591), as applicable, This COVenant sba1l
run With the Property and shaI1 remain in effect untiJ. the Secured Debt is paid in full ~ this Security Insaumcnt is released,
. ",
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor wiIllceep the Property in good condition and
make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste. impainnent. or deterioration of
the Property. Mortgagor wiIllceep the Property free of ooxious weeds and gIasses. Mortgagor agrees that the nature of the
occupaucy and use will DOt subsnntially c:han8e without Leuder's prior written cOnsent. MOrtgagor will DOt pennit any change
in any license, restrictive COVCl!3IIl or easement without Lender's prior written COnsent. Mortgagor will notify Lender of all
dem.ntl" proceedings, claims and actions against Mortgagor. and oC any ~ or damage to the Propeny,
"
oOf..4 ......N $yatenoa,.1nc.~ St. Cfoucl. MN f1"~3.7-2341J FormN:~TQ..PA 12/1./1.4
BOOK1582rAGE1096 ~ ~~;;I~
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......-~.<>_._...".......,'~~-"~.._-,~....~..._._..... .
,L~ndef or Lender's agents may, at Lender's option, enter the Property at any reasonable tim~ for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable plIlJlose 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. AUmORITY TO PERFORM. 'If Mortgagor fails to perform any duty or any of the COVenants contained in this Security
Insttument. 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 forperfonnance. Lender's right to perform for Mortgagor shall
not create an obligation to perfurm, and Lender's failure to perform will not preclude Lender from exercising any of Lender's
oth~r rights under the law or this SeI.'Urity Instrument. If any construction on the Property is discontinued or not carried on in a
reasonable manner, Lender may take all steps' necessary to protect Lender's security interest in the Property, including
completiOn of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as
additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written
or verbal agreements for the use and occupancy of. any portion of the Propeny, mclu.4ing any: extensions, renewals"
modifications or substitUtions of'sucli~tS '(3.llrefem:aio-as ;"'I..eiSes") and rents, issueS and profits (all referred to as
"Rents"), Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor
may collect, receive, enjoy and use the Reius so long as Mortgagor is DOt 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 panies on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are
satisfied, Mongagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due
or to become due directly to Lender after such recording, however Lender agrees not to notify MOrtgagor's felW1tS until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's teDanlS pay all
Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor win endorse and deliver to Lender
any payment of Rents in Mortgagor's possession and will receive any Rents in !IUSt for Lemler and will not comm.ingle the
Rents with any other funds. Any amounts conected win 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 DEVELOP.MENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property iocludes a unit in a condominium or a
planued 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 win be in default if a breach occurs Under the telI!lt..~{Jhis.S_ecuri,y .Insuumem.or.any other.document executed for
the puqiose ofcreatiiig:secunng 'Or: ~ 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 shan also constitute an event of default.
IS. 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 forec1osun: 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 pan 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 OCCllllCnce of a default or anytime thereafter. In addition,
Lender Shan be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any
related documents. AU remedies are distinct. cumulative and !lOt 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 SllIll in payment or partial payment on
the .SecUred Debt after the baIance 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 DOt exercising any remedy on Mortgagor's default,
Lender does not waive Lender's right to later consider the event a default if it contiDlJes or happens again.fYf!
(p.". 0 1
C1'..4_-....,_......SI.CIou....~ 11..00-38702341/ ......fU!-MTQ.f''' 1211,,.4 .BOOIC1582rAGE1097. ~
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16.' EXPENSES; ADVANCES ON COVENANTS; A rrORNEYS' FEES; COLLECTION COSTS. Except when prohibited
by Jaw. Mortgagor agret;S 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 iru.1lring, iru."ecting, preserving or otherwise
protecting tbe Property and Lender's security interest, These expenses will bear interest from the date of the payment 1lIUi1 paid
in full at the bigh~l imerest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all COSts and
expenses incUIred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security InstrUmem.
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 CO~1S of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (1) .Enviromilental Law means,
without limitation, the Comprehensive .Environmental Response, Compensation and Uability Act (CERCLA, 42 U.S.C. 9601
et seq,), and all other federal, state and lOCal laws, regulations, ordinances, coun orders, attorney' general opinions or
intelpretive 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 bealth, safety, welfare or environment. The term
includes, without limitation. any sul:!s.lances_defined.'a.~., "hazardous material,." "toxic, substances,." "haza:'dous 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 docs 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 00, under
or about the Propeny or there is a violation of any Environmental Law concerning the Propeny, In such an event,
Mortgagor shall take all necessary remedial action in acco~ with any Environmental Law.
D. Mortg-dgor 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 Enviroomental Law.
18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or talee any or all of the Propeny through condemnation, eminent domain, or any other means. Mortgagor
authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to
Lender the .Pf!lCee~ of any.awmf ,q,r C~J<1.r_damag~ connected. with a c:onrn-nAtioir.or.othcr.taIciog.ofall.or any part of the
Property, Such proceeds shall be considered paymeius and wiD 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 agreemem or other lien document.
19. INSURANCE. Mortgagor shall Icec:p Property insured against loss by fire, flood, theft and other hazards and ris1cs reasonably
associated with the Property due to its type and location, This insurance shall be mailUained in the amounts and for the periods
that Le~ requires. The insurance Caaier providing the insurance sbaII be chosen by Mortgagor subject to Lender's approval,
Which shall not be unreasonably withbeJd. H 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 c:Jause" and, where
applicable, "loss payee c:Jause," Mortgagor shalI immediately notify Lender of cancelIation or termiJJation of the insurance,
Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender
aU receipts of paid premiums and IeDcwaI notices.. Upon loss, Mortgagor shalI give immediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor,
0'..4........ SyIltelM. ...... St. CJouct. ~N ~1..~3'7..2:J41J Fe,," f1E.MTG-PA 1211.,.....
ffL6i;J;
,
.BqoK1582,AGt1C.98
'----"'-,-~--"_.....---_.,...".,.,,.~'"._,
. 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 ~r not then due. at Lender's option, AJJy application of proceeds to principal shall Dot extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any eltcess will be paid to the
Mortgagor. If the Propeny is acquired by Lender, Mortgagor's right to any insuI'3IJce policies and Proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of !he Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE, Unless otherwise provided in a separate a~..reement, 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 upon request, any
financial statement or information Lender may deem reasonably necessary. Mongagor agrees 10 sign, deliver, and file any
additional documentS or certifications that Lender may consider necessary to perfec..'t. continue, and preserve Mortgagor's
obligations under this Security InstrUment and Lender's lien status on the Property.
22, JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BQUND. All duties Under this
Securrty Instrument are joint and individuaCffMongagor signs this SecuriiY IDsttument but does not sign an evidence of debt.
Mortgagor does so only to mongage MOrtgagor's interest in the Property to secure payment of the Secured Debt and
Mortgagor does DOt agree to be Personally liable on the Secured Debt If this SecurilY Instrument secures a guarancy between
Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any pany 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 pany to this Security Insttument 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 te:nns of this Security Instrument, The duties and benefits of this Security
Instrument shall bind and benefit the successors and assigns of Mongagor and Lender.
23. APPLICABLE LAW; SEVERABUJTY; 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 Insttumeru: may not be amended or
modified by oral agreement, Any section in this Security U1strumeDl, attachments, or any agreement related to the Secuied
Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly pennits the variations by
written agreement, If any section of this Security InstrumeJU cannOt be enforced according to its terms. that section will be
severed and will DOt affect the enforceabililY of the remainder of this Security Instrument. Whenever used, the singuIar shaII
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 iDlerpret 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 il or by mailing it by first class mail to
the appropriate patty's address on page I of this Security Instrument. or to any Q.ther ~,desi8Il!lt~ljn_writing,_~otice to
. one'mongagorwiU'1)e deemed iO'be-noticeti:filrmoitgligorS. . .---_ . ___
25. WAIVERS: EXCepllO the extent prohibited by law, Mongagor waives any right 10 appraisement relating to the Property.
0'......... sv-.ma. Inc.. St. CJ.ud. Nfl 1'..00-3.7..23411 Fe"" N:.MTC-P" 12/1118'"
(fl(#
.B~od582 rAGE1099
--""~...--_..................-..................~...........,,' ...,>-,~...,.- ..-' .
26, 'OTIlER TERMS. If checked, the following are applicable to this Security Instrument:
DUne 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 in effect until released.
o Construction Loan. This Security Instrument secures an obligation incurred for the construction of an imprOVement on
the Propeny.
o F'lJIture F'dine. Mongagor grants to Lender a security intereSt in all goods that Mongagor owns now or in the future
and that are or will become fixtures related to the Propeny, This Security Instrumcot suffices as a financing Stlletnent
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform
Commercial Code. ' .
o Purchase Money, This Security Instrument secures advaDces by Lender used in whole or in pan 10 acquire the
Property, Accordingly, this Security Insaument, and the lien hereunder, is and shall be construed as a purchase money
mongage with all of the rights, priorities and"benefits thereof under the laws of the Commonwealth of Pennsylvania.
o NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE.
D RIders. The COVenants and agreements of each of the riders checked be10w are incorporated into and supplement and
amend the terms of this Security Instrument, [Check all applicable boxesJ_ _ ~~
D Condominium Rider 0 Planned Unit Development Rider D Other ..,...........,..................:.................
D Additional Terms.
SIGNATITRES: By signing below. Mongagor, intending to be legally bound hereby, agrees to the terms and covenants contained
in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the date stated on page 1. ~'
.......:b~..1r..w1\jfjr.:?? ..<~:.4~..((i.r:*?
lSirlllblrc) Clair F Ki J:r ~l'" lelllall'C; Shirley A Kimmel /1iZ7
. . . ........ n.. .11/6/ tL.;...... .......................... .u.. u...
ACKNOWLEDGMENT: Pl' D h .
COMMO~ OF ......7~~L~~.7-.~............. COUNTY OF ......~.~.~.,;.~........:...............,...} 55.
IklMlOoaI) On this, the ........,.............. day of ...~~!~.'Ilr...l~29..........,........... before me ...........:......,.........,......,
. und .~.... ffi I d Cl~i.. F 1:1_.1, Jr. Shirley A I:illllllel .
the er5le...... 0 cer. personal y appeare .......,..........,..............,.....,.................................,................
........................................,................................................. known to me(ot satisfactorily proven) to be
the pcrson(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same
for the pwposes therein contained.
<~~m1_.d-O~~~.....
..................................................................................
Tille olllllll:cr '
NOTARIAL SEAL
NEVIN L BEYER. Notary Public
Lower Paxton ~., Da~phJn County
My Commission EXpires Sept. 25. 2000
Member, PennsylY.1nia Assodatlon of Notaries
.................................................................................
C11............S.,..............SI.c:tou.lI.MN n4000_7-23.&'1 FermM~TG-PA 1211.....
BooK1582I'AGE11CO
(pag. 6 of 6)
.
~-""--;--"-:":"
.. ............
~ ". .'.~. -._-
Exhibit "D"
GT'l5-39.011 (5/991
=llco.nse~~;Finance Consumer Di.eoun~ Company
340i Hart%dale Drive Suite 118
tamp Hltl, Pennsylvania ~70~l
A
lication # 9910227434
,i
Clair F Kimmel, Jr
Shirley A Kimmel
334 Charles Rd
Mechanicsburg, PA 17055
~~-4
Loan Number
Date
Maturity Data,.
Loan Amount $
Renewal Of
~
BORROWER'S NAME AND ADDRESS
_1_ includes each Borrower above,
jointly and severally.
-XSecondary Mortgage Loan
....x 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 Th i rry Twn
'T"hOllR::Inn Ri g:hty 'T'hrF>F> ::Inn No/l00 Dollars $ .2 osn 00
-X Single Advance: I will receive all of this principal sum on tJ('IvpmhpT" 1'1 1 q'l'l . No additional advances are
contemplated under this note,
H.lAMultiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note.
On I will receive the amount of $ 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
LENDER'S NAME AND ADDRESS
, -You' means the Lender,
its successors and assigns.
TERMS FOLLOWING A _ APPLY ONLY IF
CHECKED
INTEREST: I agree to pay interest on the outstanding principal balance from
NovF>mhF>r lq lqqq
at the rate of
1. q<;o %
per year until NnvF>mhF'r 1 q 2024
H.lA 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 firstCnange 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 I
until the next Change Date.
Limitations: 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 caiculated on a .0/.(';0 n::lY 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 las indicated above).
NtA at a rate equal to
.x LATE CHARGE: I agree to pay a late charge on the portion of any payment made more than , c; days after it is
due equal to 10 OOO\, nf' ~hp ''''I'"it'J p"ympn~ ('IT" ~70 on whi,..h..vpr i.. gT""';~"T"
.A NSF FEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of
S20 on .
-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: <:pp lIr'1r'1pnnl1m 1I
REAL ESTATE NOTE
.~~ 'l!"ilfitn.... $.,....... Inc., s(. Cloud, MN Form GTtf.RfNLAZPA 511.189
GT-15-39-011 (5/881 {PlI!I" t "f 41
-'.'-"""">~OL.,",_~._,......o._~.^___~~.__.,_,._ .
:. PA YMENTS: I agree to pay this note as follows:
. 300 ,payments of $384,98 starting on December 19, 1999
and on the 19th day of ,each month thereafter,
,
.'
SECURITY: This note is secured by (describe separate document by type (e.g., mortgage' and date):
Mortgage Deed dated November 15, 1999
GENERALLY - The headings at the beginning of each
section are for convenience only and are not to be used in
interpreting the text of the section.
DEFINITIONS . .,," "me" or "my" means each Borrower
who si.sns this note and each other person or legal entity
!including guarantors. endorsers, and sureties) who allree
to par this note (together referred to as .us"). .You or
:'Your means the Lender and its successors and assigns.
The .parties. shall mean the Borrower and lencer,
together.
APPLICABLE LAW - The interest to. be charged on this loan
is governed by the laws of the state of I>pnn"yl v"n; " .
All other terms of
this transaction are governed by the laws of the state of
~~nnqy'v~n1~ .
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
contract 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 exc.eed the amount of interest due, you
may, at. your option, Increase the amount of the rayment
due and all future payments to an amount that wi! payoff
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 I prepay in full within NIl!>.
months of the date of this note, I will pay you a
penalty of NIl!>.
Partial pav.ments will not excuse 'or reljluce any
later sche(tuled payment until this note IS paid in
full. .
INTEREST . Interest accrues on the principal remaining
unpaid from time to time, until paid in full. If this is a
01..". ,..,. 11.3' 8....... srne.... -.. St. CIoucf. MN F.m CTH-RfM.AlPA 5"&/011
multiple advance loan. interest will accrue: NIl!>.
If "Variable Rate" is checked on page 1. I 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. I 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 anCl will be related to an index,
then the index you select will function only as a tool for
settin~ 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
c~arge 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
!11ay 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
PA YMENTS BY LENDER section below.
MULTiPlE ADVANCE LOANS. If this is a multiple advance
loan, you and I expect that you will make more than one
advance of principal, subject to the conditions of any
separate agreement.
PAYMENTS BY LENDER. If you are authorized to pay, on
!lly behalf. charpes 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
payment of the charges.
POST -MATURITY INTEREST - Interest will accrue on the
principal bala,nce remaining unpaid after final maturity at
the rate sJ>,ec.fied on page 1. For purposes of this section.
final matunty occurs:
(a) On the date of the last scheduled payment of principal;
or
(b) On the date you accelerate the due date of this loan
(demand Immediate payment),
REAL ESTATE OR RESIDENCE SECURITY. If this loan is
secured by real estate or a residencs that is personal
property, the existence of a default and your remedies for
such a default will be determined by applicable law. :by the
terms of any separate Instrument creating the security
interest and, to the extent not prohibited by law and not
contr!lrv to the terms of the separate secunty instrument.
by thiS agreement.
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
GT-' 5-39-011 11S(99/ 'f1~ Z ., 41
;'.writing to the contrary. Without such 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
ESTA TE OR RESIDENCE SECURITY" paragrap!l above, I
will be in default on this loan- and any agreement securing
this loan if anyone or more of the fOllowing occurs:
la} I fail to make a payment in full when due;
Ib} I die, am declared incompetent, or become insolvent;
leI I fail to keep any promise I have made in connection
with this loan;
Id} I fail to pay, or keep any other promise on, any other
loan or agreement I have with you; "
Ie} 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;
iii Any legal entity (such as a partnership or corporation)
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
(j) Anything else happens that causes you to believe that
you will have difficulty collecting the amount I 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 I owe you under this loan immediately
due;
Ib} Use the right of set-off as explained below;
Ie} Demand more security or new parties obligated to pay
this loan lor both} in return for not using any other
remedy; . '. "
Id} 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 anyone 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 egainst me by another,
SET-OFF . I agree that you may set off any amount due
and payable under this note against any right I 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
· ,.... ,..,. 1113 ~.,. Sy.t.",., Inc.. Sto CSoud. MN Fwm GTH"""fNLAZPA "'."1
-~--"'~"-'"-'-~'''--'''---'''''''-''-~''~-''"
Ie) Any repurchase 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 on 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 invlillving 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 in 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 party to compel arbitration in this note,
inclUding the filing of a counterclaim in a suit brought by
you pursuant to this P!ovision.
GT-15-39.o11 15/99) (".~ :3 of 4J
~OB[IG'-i\TIONS INDEPENDENT - I understand that my
pbligatiqn 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
i~est in, impair, or release any security and I will still be
obligated to pay this loan.
WAIVER . I waive Ito 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 information
regarding my loan to others seeking such information. To
the extent permitted by law, I agree that you will not be
liable 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.
NOTICE TO COSIGNER
You Ith.e cosigner) ere being asked to guaranty this
debt, Think carefully before you do, If the borrower
doesn't pey 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 e1so 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 seme collection methods against you that
can be used against the borrower, such as suing you.
garnishing your wages. etc, If this debt is ever in
default. that fact may become part of your credit record.
This no1ice is not the contract that makes you liable
for the debt.
PURPOSE: The purpose of this loan is nphr: ('nnl'lnl i dation
ADDITIONAL TERMS:
Signature for Lender
By:
Signature
Date .
Its:
.'.... ,..,, '..3 ........~. Inc.. SI. CIDUII, MN Form GTH-REN..AZfI'A. 5111181
~~--_......-+-
....._-,~...."._."..,"
SIGNATURES: I'AGREE TO THE TERMS OF THIS NOTE
(INClUDING THOSE ON PAGES 1, 2, 3 AND 4), ) have
r~ceived a copy on today's date.
X
Signature
Date
X
Signature
Date
OT-1S,3lM)11 151881 1_40(4/
Exhibit "E"
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
March 20, 2002
CLAIR F. KIMMEL, JR.
334 CHARLES ROAD
MECHANICSBURG, PA 17055
SHIRLEY A. KIMMEL
334 CHARLES ROAD
MECHANICSBURG, PA 17055
THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN A TIEMPT 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 A TIEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the morte:ae:e on your home is in default and the lender intends to foreclose.
Specific information about the nature of the default is proyided in the attached pae:es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM <REMAP) may be able to help to save
your home. This Notice explains how the proe:ram works.
To see if HEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the
Counseline: Ae:ency.
The name. address and phone number of Consumer Credit Counseline: Ae:encies servine: your County are
listed at the end of this Notice. Ifvou have anv auestions, you may call the Pennsylvania Housine: Finance
Ae:ency toll free at 1-800- 342-2397. (Persons with imoaired hearine: can call (717) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICAC10N OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYL VANIA 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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER
CURRENT LENDERlSERVICER:
CLAIR F, KIMMEL, JR. & SHIRLEY A. KIMMEL
334 CHARLES ROAD, MECHANICSBURG, PA 17055
6905579436
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
CONSECO FINANCE CONSUMER DISCOUNT COMPANY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAYBE 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
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -If yOU meet with one of the consumer credit
counselinl!: al!:encies listed at the end of this notice the lender may NOT take action al!:ainst YOU for thirtY
(30) days after the date of this meetinl!:. The names. addresses and teleohone numbers of desil!:11ated
consumer credit counselinl!: al!:encies for the county in which the orooertv is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv
of your intentions.
APPLICA nON FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific infonnation 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-ta-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 LEITER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIA TEL Y 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: 334 CHARLES ROAD, MECHANICSBURG, PA 17055 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: 8/19/0 I thru 3/19/02 at $384.98 per month.
Monthly Payments Plus Late Charges Accrued:
NSF:
Deferred Interest:
Attorney fees:
Other:
(Suspense)
TOTAL AMOUNT TO CURE DEF AUL T
$3,532.57
$0.00
$1,032.73
$50.00
$160.00
($0.00)
$4,775.30
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 $4,775.30
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payment must be made either bv cashier's check. certified check or
money order made oavable and sent to: CONSECO FINANCE SERVICING CORP., 7360 SO. KYRENE,
TEMPE, AZ 85283, A ITENTION: RAY MADA.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter. (Do not use ifnot aoplicable) N/A.
IF YOU DO NOT CURE THE DEFAUL T-Ifyou do not cure the default within THIRTY (30) DA YS 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 uoon 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 Deriod. YOU will not be required to Day
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 to
cure the default and prevent the sale at any time uo to one hour before the Sheriff's Sale. Y 0\1 may do so by
paying the total amount then oast due. plus any late or other charges then due. reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
soecified in writing by the lender and by oerforming any other reauirements 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 DA TE- 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 Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER-
CONSECO FINANCE SERVICING CORP.
7360 SO. KYRENE
TEMPE, AZ 85283
TEL NO. (888) 315-8733 x 36204
AITENTION: RAYMADA
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your. furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE- You _ mayor 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 PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF 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 DEF AUL T 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 A IT ACHED,
Very truly yours,
-......-.___~.;.,...__....o-.._,'-...._,~".~~"..~..._"..."._
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
************************************************************************
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.
2000 Linglestown Road
Harrisburg, P A 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, P A 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital
Region
1514 Derry Street
Harrisburg, P A 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
(717) 334-1518
FAX (717) 334-8326
PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999
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Prepared by and Return to:
Green Tree Consumer Discount Company
HID - Mortgage Recording Dept.
332 Minnesota st., Suite 610
St. Paul MN 55101
Commonwealth of Pennsylvania
GT'lS'39-ll90 (3/95)
"'/ I~ '\()U&,L;-
(3-~'
Space Above This Line For Recording Data
OPEN-END MORTGAGE
155'02.IBI This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is .........F.E.B.,2.1t..f999........,......
and the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
CLAIR F. KIMMEL, JR. and SHIRLEY A. KIMMEL
334 CHARLES RD.
MECHANICSBURG PA 17055
.,.... If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER:
Green Tree Consumer Discount Company
332 Minnesota St., Suite 610
St, Paul MN 55101
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 Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following
described property:
See Attached Legal Description
Parcel ID# (6loc.k- 8, Lo-l- Ie
The property is located in ,....g~~!!;~..............,................................ at ..........,..................................
(County)
.,~.;3,1-..,9.~!!;~..RP.:.............,.....,........" ..Wj:,9nM'[U~~!Hrn.~..,..."..."..."....,. , Pennsylvania .,;J.7.9,~.~,.....,.......
<Address) (CIty) (ZIP Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all
water and riparian rights, ditches, and water stock and all existing and future improvements,
structures, fixtures, and replacements that may now, or at any time in the future, be part of the real
estate described above (all referred to as "Property").
PENNSYlVANIA. MORTCAcat',iNOT FOR FNMA, FHLMC. FHA OR VA USE)
C 1994 Bankers Systems. Inc,. St Cloud. MN (1.800.397.2341) Form GTH-MTGLAZPA 3/16/95
,BooK1525 PAGt1134
GT'lS-39-ll90 (3/95) (pogo I 0(6)
"'-''''''-"",,,~, .,......~~~"_...~-~.-~.....,..-.-".<.,,.,..._-,-
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good
condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any
waste, impairment, or deterioration of the Property. Mortgagor win Keep the Property free of noxious
weeds and grasses, Mortgagor agrees that the nature of the occupancy and use will not substantially
chan$le without Lender's prior written consent. Mort9agor will not permit any change in any license,
restnctive covenant or easement without Lender's pnor written consent. Mortgagor will notify Lender
of all demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the
Property.
Lender or Lender's agents may, at Lender's option, enter the Property at 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 Lenaer from exercising any of Lender's other rights
under the law or this Security Instrument. If any construction on the Property is discontinued or not
carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security
interest in the Property, including completion of the construction,
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages
to Lender as additional security all the right, title and interest in and to any and all existing or future
leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion
of the Property, including any extensions, renewals, modifications or substitutions of such agreements
(all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will
promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may
collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this
Security Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security
Instrument, Mortgagor aQrees that this assignment is effective as to third parties when Lender takes
affirmative action prescnbed by law, and that this assignment will remain in effect during any
redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual
possession of the property without the necessity of commencing legal action and that actual
possession is deemed to occur when Lender, or its agent, notifies Mortgagor of default and demands
that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will
endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any
Rents in trust for Lender and Will not commingle the Rents with any other funds. Any amounts
collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default
exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and
require any tenant to comply witt; 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 development, Mortgagor will perform all of Mortgagor's duties
under the covenants, by-laws, or regulations of the condominium or planned unit development.
14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make
payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security
Instrument or any other document executed for the purpose of creating, securing or guarantying the
Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any
person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the
Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some 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 tnese 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 ana payable, after giving notice if required by law, upon the occurrence
of a default or anytime thereafter, In addition, Lender shall be entitled to al 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
, "
I.," .j:....: .
-,
Bood5251'AGt1136
Cl 1994 Bankers Systems, Inc., St Cloud, MN (1 ,800-397,2341) Fann GTH.MTCLAZI!A 3/1 ~/95
GT-1S-39-o90 (3/95) (pag.3of6)
----'..--.~_..._~_~c_..__ ."".......4....,~.._'._..._., ._....._........"....,.,_.".
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair
of the Property or to the Secured Debt, whether or not then due, at 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 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 ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon
request, any financial statement or information Lender may deem reasonably necessary. Mortgagor
agrees to sign, deliver, and file any additional documents or certifications that Lender may consider
necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument
and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties
under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but
does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the
Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable
on the Secured Debt, If this Security Instrument secures a guaranty between Lender and Mortgagor,
Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any party indebted under the obligation. These rights may include, but are not
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 thesinglllar.ThE1.
captions and headings of the sections of this Security Instrument are for convenience onlv-and are not
to be used to interpret or define the terms of this Security Instrument. Time is of thee essenCe in this
Security Instrument, .
24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or gy 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 rl'\ortgago!~,~.
25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating
to the Property.
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 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 mOl'\ey mortgage with all of the rights, priorities and benefits thereof
under the laws of the Commonwealth of Pennsylvania. '5 '1130
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GREq]rREE
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN HAMPDEN
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY
BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY RONALD S.
RAFFENSPERGER, REGISTERED SURVEYOR, DATED AUGUST 20, 1980, AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT ALONG THE WESTERLY LINE OF CHARLES ROAD AT
WHICH POINT IS 320.0 FEET SOUTH OF THE INTERSECTION OF CHARLES
AND DELBRooK ROADS; THENCE CONTINUING ALONG THE WESTERLY LINE OF
CHARLES ROAD, S. 04* 00' E. A DISTANCE OF 65.0 FEET TO AN IRON
PIN AT THE DIVIDING LINE BETWEEN THE HEREIN DESCRIBED LOT AND
LOT NO. 19 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE
ALONG SAID DIVIDING LINE S. 86* 00' W. A DISTANCE OF 120.0 FEET
TO AN IRON PIN AT THE DIVIDING LINE BETWEEN THE HEREIN DESCRIBED
LOT AND LOT NO. 6 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;
THENCE ALONG SAID DIVIDING LINE N. 04* 00' W. A DISTANCE OF 65.0
FEET TO AN IRON PIN AT THE DIVIDING LINE BETWEEN THE HEREIN
DESCRIBED LOT AND LOT NO. 17 ON THE HEREINAFTER MENTIONED PLAN
OF LOTS; THENCE ALONG SAID DIVIDING LINE N. 86* 00' E. A
DISTANCE OF 120.0 FEET TO AN IRON PIN ALONG THE WESTERLY LINE OF
CHARLES ROAD, THE PLACE OF BEGINNING.
BEING LOT NO. 18, BLOCK B, PLAN NO. 1 OF DELBRooK MANOR RECORDED
IN PLAN BOOK 6, PAGE 42, AND HAVING THEREON ERECTED A ONE AND
ONE-HALF STORY BRICK AND FRAMED DWELLING HOUSE, KNOWN AS 334
CHARLES ROAD.
BEING THE SAME PREMISES WHICH DALE EUGENE JOHNSON AND MOLLIE L,
JOHNSON, HIS WIFE, BY THEIR DEED DATED NOVEMBER 29, 1979 AND
RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK T, VOLUME 28, PAGE
793, GRANTED AND CONVEYED UNTO RONALD E, STINE AND NANCY M.
STINE, HIS WIFE, THE GRANTORS HEREIN.
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LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JA V ARDIAN, ESQUIRE
Identification No. 55669
1310 Industrial Boulevard
151 Floor, Suite 101
Southampton, P A 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
vs.
N'J. 02-3039 Ci'/il Term
CLAIRF. KIMMEL, JR
SIDRLEY A. KIMMEL
Defendants
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PRAECIPE TO DISMISS DEFENDANT. CLAIR F. KIMMEL. JR.
TO THE PROTIIONOTARY:
Kindly DISMISS the Defendant, Clair F, Kimmel, Jr., as a Defendant in the
above captioned case.
Date: July 31, 2002
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t1IU,.':HJ) REV.(09/00)
This is to certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records III accordance
with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953.
. .
WARNING: It is illegal to duplicate this copy by photostat or photograph.
C\~s.~/~,
Robert S.~erman, Jr., MPH
Secretary of Health
No.
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Charles Hardester
State Registrar
2032922
JUl 2 4 2002
Date
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COMMONWEALTH OF PENNSVLlIANlA . OEPARTMENT OF HEALTH. VITAL RECOROS
CERTIFICATE OF DEATH
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THE LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY LD. # 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A. KIMMEL
Defendants
No.: 02-3039 Civil Term
CERTIFICATE OF SERVICE
TO THE PROTHONOTARY:
I hereby certify that a copy of Plaintiffs Motion for Summary Judgment and
Memorandum of Law was mailed-to the following individuals by regular mail, first class
United States mail, postage prepaid on the date set forth below.
David W. Knauer, Esquire
Knauer & Associates, LSC
4l1A. East Main Street
Mechanicsburg, P A 17055
Attorney for Defendant
Dated: September 4, 2002
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SWORN TO AND SUBSCRIBED
BEFORE ME THIS H#7
DAYOF~ ,2002.
n"o<{ - -.---~
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NOTARY PUBLi' - __m____.".
NOTARIAL SEAL
TINA E. DOYLE, Notary Public
City ct Philadelphja, Phila. Coun(y
M Cemmission Em' 88 Nov. 29, 2004
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sul:mi.tted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter for the next ArgUnent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption llRJSt be stated in full)
Conseco Finance Consumer
Discount Company
(Plaintiff)
vs.
Clair F. Kimmel (deceased)
Shirley A. Kimmel
(Deferoant)
Civil Term
"' 2002
No. 3039
1. State matter to be argued (i.e., plaintiff's ITDtion for new trial, deferoant's
derrur.rer to canplaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Dale F. Shughart, Jr., Esquire
Address: 35 East High Street, Ste 203
Carlisle, PA 17013
(b) for defendant: David W. Knauer, Esquire
Address: Knauer & Associates, LSC
411A East Main Street
Mechanicsburg, PA 17055
3. I will notify all parties in writing within bio days that this case has
been listed for argurent.
4. Argunent Court Date:
October 23, 2002
no. t-",-'l . '1/1 z./::",
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THE LAW OFFICES OF GREGORY JA V ARDlAN
BY: GREGORY JA V ARDlAN
ATTORNEY J.D. # 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
No.: 02-3039 Civil Term
CLAIR F. KIMMEL, JR. (deceased)
SHIRLEY A. KIMMEL
Defendants
CERTIFICATE OF SERVICE
TO THE PROTHONOTARY:
I hereby certify that a copy of Praecipe for Argument for Plaintiff's Motion for
Summary Judgment and Memorandum of Law was mailed to the following individuals
by regular mail, first class United States mail, postage prepaid on the date set forth below.
David W. Knauer, Esquire
Knauer & Associates, LSC
411A. East Main Street
Mechanicsburg, P A 17055
Attorney for Defendant
Dated: September 12,2002
SWORN TO AND SUBSCRIBED
BEFORE ~ THIS I~Y-h
DAY OF ~;aem bel' ,2002.
NOTARYP B IC
NOTARIAL SEAL
MARYANN LEVENTHAL. Notary Public
Upper Southampton Twp.. Bucks County
Mv Commission Ex ires June a...2.0Q;3 _
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CONSECO Finance Consumer
Discount Company
Plaintiff
COURT COMMON PLEAS
CUMBERLAND COUNTY
Vs.
Clair F. Kimmel, Jr., Shirley A. Kimmel
Defendants
No. 02-3039 Civil Term
DEFENDANT'S REPLY TO THE PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT PURSUANT TO PA.R.C.P. NO. 1035.2(1}
1. 5. The Defendant admits that she was one of the signatories to the
loan documents that the Plaintiff attaches to the Plaintiff's motion for summary
judgment.
By way of further answer and defense, her husband Clair F. Kimmel, Jr.
was also a signatory to the loan documents. Prior to the Plaintiff's service of the
Complaint in this action, the Plaintiff never served him. He is an indispensable
party to this action.
6. Denied as alleged. The Defendant avers to the contrary as set forth in
her New Matter, a novation occurred or in the alternative the Plaintiff entered into
an accommodation occurred or in the alternative the Plaintiff is estopped from
foreclosure because the Defendant has made her payments in accordance with
the novation or accommodation as aforesaid.
7. Denied as alleged. The Defendant avers to the contrary that she has
made her payments in accordance with the aforesaid agreement.
. 8. Denied as alleged. The Defendant avers to the contrary that Exhibits
"A" and "B" of paragraph 8 of the Defendant's motion for summary judgment do
not corroborate or provide any evidence that the Defendant is in default because
they do not include the novation, accommodation or estoppel determines the
outcome of this case and forth that paragraph 8 of the Plaintiff's motion for
summary judgment is a conclusion of law to which no reply is required pursuant
to the Pennsylvania Rules of Civil Procedure and strict proof thereof is
demanded at time of trial. The Defendant also incorporates her New Matter filed
in response to the Plaintiff's mortgage foreclosure complaint.
9. Denied as alleged. The Defendant Clair F. Kimmel, Jr. died on
December 26, 2001 and no estate has been raised for him. Consequently, the
Plaintiff's attempt to send a notice to a dead man is legally insufficient as to him.
The Defendant Shirley A. Kimmel admits that she received the Notice referenced
in the Plaintiff's paragraph 9.
10. Denied as alleged. The Defendant avers to the contrary that she is
not privy to the Plaintiff's motive for taking or not taking any type of action,
however, she avers to the contrary that because of the aforesaid novation,
accommodation or estoppel the Plaintiff in bad faith has filed this action.
11. Admitted.
12. Admitted.
13. Denied as alleged. The Defendant avers to the contrary that her
Answer and New Matter address the material issues in this case. Defendant
avers that she is not default of the novation or accommodation and that the
2
Plaintiff is estopped from foreclosure based on the aforesaid defenses the
Defendant has risen in her New Matter.
14. Admitted.
15. -18. Denied as alleged. The Defendant in paragraphs 15 through 17
argues that the there are two mortgages and that the novation or accommodation
or estoppel involved in the Defendant's agreement with the Plaintiff only applied
to one mortgage and not to two mortgages. The Defendant avers to the contrary
that the novatoin or accommodation or estoppel apply to all mortgages with the
Plaintiff.
19. Denied as alleged. The Defendant avers to the contrary that the
"Defendant has failed to establish a genuine issue of material fact". As aforesaid,
the Defendant has pled three affirmative defense, i.e. novation, accommodation
and estoppel. The Plaintiff argues that the aforesaid new Matter defenses
address only the second mortgagee and not the first mortgage. The Defendant
avers to the contrary. The co-mortgagor Clair F. Kimmel, Jr. is an indispensable
party. All of the foregoing are material issues of fact.
20. - 21. Denied as alleged. The Plaintiff avers to the contrary that the
Plaintiff's paragraphs 20 -21 are conclusions of law to which no reply is required
pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is
demanded at time of trial. Pursuant to Pa.R.C.P. No. 1035.2, the Plaintiff is not
entitled to summary judgment.
3
, WHEREFORE, the Defendant prays that Your Honorable Court will deny
the Plaintiff's motion for summary judgment.
Respectfully submitted,
Date: October 1, 2002
KNAUER & ASSOCIATES, L.S.C.
2;)~~
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David W. Knaue I Esquire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CONSECO Finance Consumer
Discount Company
Plaintiff
COURT COMMON PLEAS
CUMBERLAND COUNTY
Vs.
Clair F. Kimmel, Jr., Shirley A. Kimmel
Defendants
No. 02-3039 Civil Term
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 1st day of October, 2002,
serve a true and correct copy of the Defendant's Reply To The Plaintiff's Motion
For Summary Judgment Pursuant To Pa.R.C.P. No. 1035.2(1) on all counsel of
record by United States mail, first class, prepaid addressed as follows:
Gregory Javardian
1310 Industrial Boulevard
1st Floor, Suite 101
Southampton, PA 18966
David W. Knauer, s
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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CONSECO CONSUMER DISCOUNT
COMPANY, Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CLAIR F. KIMMEL, JR, (Deceased) :
SHIRLEY A. KIMMEL,
NO, 02-3039
Defendants:
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
The undersigned Dale F. Shughart, Jr., Esquire, hereby enters
his appearance as local counsel in conjunction with
Javardian, Esquire for limited purpose of repres
Plaintiff at Oral Argument on October 23, 2002,
/
Sliughart, J
Court I.D.
35 East High Street,
Carlisle, PA 17013
(717) 241-4311
Date: October 4, 2002
cc: Gregory Javardian, Esquire
David W. Knauer, Esquire, Knauer & Associates, LSC
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Plaintiff
IN T11E COURT OF coMMON PLEAS OF
CUMBERLAND coUNTY, PENNSYLvANIA
CIVIL ACTIO'N - LA VI
v.
CLAIR F. KIMMEL, JR"
SHIRLEY A. KIMMEL,
Defendants
NO'. 02-3039 CIVIL TERM
Motion for Continuance, and there being nO objection from Gregory Javardian, Esq.,
AND NOW, tins 23" day of October, 2002, upon consideration of Defendant's
QRDER O'F COURT
attorney for Plaintiff or Dale F. Shug!mrt, Jr., Esq., local counsel for -Plaintiff, argument
previously scheduled in the above matter for October 23, 2002, is continued. Counsel are
directed to relist tins matter for argument at such time as they deem appropriate.
BY THE COURT,
Gregory Javardian, Esq.
1310 Industrial Boulevard
First Floor, Suite 101
Southampton, P A 18966
Attorney for plaintiff
Dale F. Shughart, Jr., Esq.
35 East High Street
Suite 203
Carlisle, PA 17013
Local Counsel for Plaintiff
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David W.Knauer, Esq,
411-A East Main Street
Mechanicsburg, PA 17055
Attorney for Defendant
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter far the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
( plaintiff)
vs.
CLAIR F. KIMMEL (deceased)
SHIRLEY A. KIMMEL
(Defendant)
No. 3039
Civil TERM
'i~ 2002
1. State matter to be argued (i.e., plaintiff's notion for new trial, defendant's
dercurrer to c:atplaint, etc.):
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
2. Identify counsel who will argue case:
(a) far plaintiff:
Address :
Dale F. Shughart, Jr.. Esquire
35 East High Street, Ste 203
Carlisle, PA 17013
(b) for defendant:
J\Odress:
David W. Knauer, Esquire
Knauer & Associates, LSC
411A East Main Street
Mechanicsburg, PA 17055
3. I will notify all parties in writing within two days that this case has
been listed for argunent.
4. Argunent Court Date:
December 4, 2002
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Dated: October 29, 2002
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CONSECO Finance Consumer
Discount Company
COURT COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
Vs.
Clair F. Kimmel, Jr., Shirley A. Kimmel
Defendants
No. 02-3039 Civil Term
AFFIDAVIT OF DEFENDANT'S COUNSEL
1. Knauer & Associates, L.S.C. is counsel for the Defendant Shirley A.
Kimmel.
2. David W. Knauer, Esquire is Plaintiffs counsel from Knauer &
Associates, L.S.C.
3. The Defendant Shirley Kimmel through the Affiant on January 18, 2002
via telephone and letter of that date informed Plaintiff that the mortgagor, Clair F.
Kimmel, Jr., had died. The recipient of both the telephone call and the aforesaid
letter was Mr. Todd Davis who identified himself as Manager, Home
Improvement Conseco Finance. Mr. Davis provided the Plaintiff's address of
Building 1 (HID), 7360 Kyrene Road, Tempe, ArizonCl.1
4. The Defendant's counsel in his aforesaid letter of January 18, 2002 to
Mr. Davis also informed him the Defendant Shirley A. Kimmel was on total
disability, that he was representing her in an Underinsured Arbitration Proceeding
I The Defendant marks as Exhibit "A", attaches hereto and incorporates herein by reference
thereto a true and correct copy of the aforesaid letter to Mr. Davis.
and that he felt that the arbitrators' award would exceed the approximate $3,000
outstanding balance to bring her payments current.
5. The Plaintiff authorized the Affiant to extend a proposal to the
Defendant that she would authorize and instruct the Affiant to pay from any
arbitration award after deduction of attorney's fees and costs of case the amount
of the arrearages and that she would give priority to the Plaintiff over her other
creditors and that she would pay $100 per month until completion of the case.
6. By telephone conference with Mr. Davis and letter of the same date to
him the Affiant confirmed that the Defendant would pay $100 per month until her
UIM arbitration hearing and that the Defendant's counsel would protect the
Plaintiffs interest subordinate only to payment of counsel fees and costs.2
7. By letter dated February 18, 2002, the Defendant's aforesaid counsel
sent the Defendant's $100 check in a letter addressed to both Mr. Davis and Ms.
Armstrong.3 The Defendant marks as Exhibit "C', attaches hereto and
incorporates herein by reference thereto a true and correct copy of said letter.
8. Prior to and subsequent to January 18, 2002, the Plaintiff knew that the
Affiant represented the Defendant. The Plaintiff's counsel in this case directed
the Plaintiff to contact the Defendant only through thE! Affiant. The Plaintiff's
counsel in this action and the Plaintiff's other employees disregarded the Affiant's
instructions and directly contacted the Defendant.
2 The Defendant marks as Exhibit "8', attaches hereto and incorporates herein by reference
thereto the aforesaid letter of January 29, 2002,
3 The Defendant marks as Exhibit "C', attaches hereto and incorporates herein by reference
thereto a true and correct copy of said letter.
2
9. By letter dated April 23, 2002, the Defendant's counsel again informed
the Plaintiff that:
This letter is to reinforce my conversation with you as of the above
date. All contact with my client Shirley Kimmel is to cease, and all
correspondence and calls are to be directed to my attention.4
10. By letter dated July 1, 2002, the Defendant's undersigned counsel
sent another payment of $100 addressed to Ms. Armstrong.5
11. In this action, the Plaintiffs counsel admitted to the Affiant that he had
directly contacted the Defendant without the knowledge or permission of the
Defendant's undersigned counsel.
12. The Defendant had informed the Affaint that the Plaintiffs employees
and the Plaintiff's counsel had directly contacted her on numerous occasions
since January 18, 2002.
13. The Affiant had made the direct contact with the Plaintiff with respect
to resolution of arrearages and was the person who instructed the Plaintiff not to
contact the Defendant directly.
14. In the UIM proceeding, the parties are attempting to schedule the
arbitration for November or December of 2002.
15. Prior to April 23, 2002 and after April 23, 2002, the Defendant's
counsel notified the Plaintiff by telephone and confirmed it with a letter of April
4 The Defendant marks as Exhibit "0", attaches hereto and incorporates herein by reference
thereto a true and correct copy of said letter,
5 The Plaintiff marks as Exhibit "E", attaches hereto and incorporates herein by reference thereto
a true and correct copy of said letter.
3
23, 2002 that the Plaintiff must stop contacting the Defendant directly and to
route all contacts to the Affiant or his office and not to the Defendant.
Wherefore, the Affiant sayeth not further.
Respectfully submitted,
Date: December 3, 2002
KNAUER & ASSOCIATES, L.S.C.
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Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7'790
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY,
PLAINTIFF
v,
SHIRLEY A. KIMMEL,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-3039 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of December, 2002, the motion of plaintiff
for summary judgment, IS DENIED.1
~e F, Shughart, Jr., Esquire
vGregory Javardian, Esquire
1310 Industrial Blvd,
First Floor, Suite 101
Southhampton, PA 18966 ?
For Plaintiff
V!?avid Knauer, Esquire
For Defendants
:sal
I Defendant has pleaded that a binding agreement was reached with plaintiff
whereby plaintiff would forego instituting the within mortgage foreclosure action
based on certain things that defendant would do, which she has done. Plaintiff
has responded that while there was such an agreement with regard to a home
improvement loan, there was no agreement with respect to the subject mortgage.
That is a factual dispute. It precludes'entry of plaintiffs motion for summary
judgment despite there being no dispute that the mortgage is in default.
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LAW OFFICES OF GREGORY JA V ARDIAN
BY: GREGORY JAVARDIAN, ESQUIRE
Identification No, 55669
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, P A 18966
(215) 942-9690
Attorney for Plaintiff
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY
Plaintiff
COURT OF COMMON PLEAS
TRIAL DIVISION
CUMBERLAND COUNTY
vs.
No. 02-3039 Civil Term
CLAIR F. KIMMEL (deceased)
SHIRLEY A. KIMMEL
Defendants
PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly DISMISS the Complaint entered against defendant without Prejudice in the
above captioned case.
Date: February 20, 2003
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