HomeMy WebLinkAbout01-5749Spear & Hoffman, P.A.
BONNIE L. DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK
VS.
DALLAS BARTON
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749 Civil Term
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was
served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States
mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as
Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BY:
BONNIE L. DAHL, ESQUIRE
Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5971442289
WASHINGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 9132871093
PLAINTIFF,
VS.
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. OI '~.,~'~/.~5~
COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU.CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y Ia notificacion.
Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus cbj eciones a las demandadas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede continuar Ia demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas
las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 5971442289
WASHiNGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 91328-1093
PLAiNTIFF,
VS.
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCI ET NO. Ot --
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is WASHINGTON MUTUAL BANK, with its principal place of business located
at P.O. BOX 1093, NORTHRIDGE, CA 91328-1093.
2. The names and last known addresses of the Defendants are: DALLAS BARTON, 176
WOLFS BRIDGE ROAD, CARLISLE, PA 17013.
3. The interest of ~ach individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about JANUARY 4,2001, Mortgagors made, executed and delivered a Mortgage upon
the premises hereinafter described to WAYPOINT BANK, which Mortgage is recorded as follows:
Office of the Rec(,rder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: JANUARY 4, 2001
DATE RECORDED: JANUARY 19, 2001
BOOK: 1664 PAGE: 905
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A
tree and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about JANUARY 4, 2001, in consideration of their indebtedness to WAYPOINT
?
BANK, DALLAS BARTON made, executed and delivered to WAYPOINT BANK their promissory Note
in the original principal amount of $90,000.00. A copy of said Note is attached hereto as Exhibit "B" and
incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are
incorporated into the Mortgage.
6. Plaintiff is tbe legal holder of the Mortgage by virtue of being either the original Mortgagee,
the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of
the following assignments:
ASSIGNOR: WAYPOINT BANK
ASSIGNEE: PNC MORTGAGE CORPORATION
DATE OF ASSIGNMENT: JANUARY 19, 2001
RECORDING DATE: JANUARY 19, 2001
BOOK: 664 PAGE: 813
7. The Mortgage is secured by property located at 176 WOLFS BRIDGE ROAD, CARLISLE,
PA 17013, which is more particularly described in the legal description attached hereto as Exhibit "C" and
incorporated herein by reference.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due 04/01/01 and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have become
immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of
collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage:
Principal Balance
6.75% interest from 03/01/01 to
SEPTEMBER 25, 2001 at $16.63 per day
Accrued Late Charges
Other Fees
Attorney's Fees
TOTAL AMOUNT DUE
$89,922.51
$3,475.67
$58.38
$15.50
$2,829.50
$96,301.56
Interest continues .o accrue at the per diem rate of$16.63 for every day after SEPTEMBER 25,2001
that the debt remains unpaid.
2
10. During the course of this litigation costs may continue to accrue, including but not limited
to escrow advances, late charges, attorney's fees, etc.
11. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
12. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to
Defendants, dated MAY 9, 2001. Defendants have failed to meet with the plaintiff or any of the consumer
credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified
in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency.
13. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of
Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9,
together with interest accruing after SEPTEMBER 25,2001 to the date of Judgment, plus 6% legal rate of
interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any
money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for
insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10,
pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and
sale of the Mortgaged properS.
DATE:
SPEAR & HOFFMAN, P.A.
~ONNIE DAHL, ESQUIRE
3
VERIFICATION
I, BONNIE L. DAHL, verify that I am the attorney for the plaintiff in this action and that the
foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge,
information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, who is
outside the jurisdiction of the court and its verification could not be obtained within the time allowed
for filing this pleading. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities.
BONNIE L. DAHL
Attorney for Plaintiff
Exhibit "A"
Return To:
Waypoint Bank
101 South Ge~ge St
York PA 17401
ATI~: Post-clcsirg
Pr~p,arq~
Mi~Yelle Miller
101 Sc~th George St
York PA 17~O1
YF SETTLEM~ENT SERVICES, LLC
1940 Carlisle Road, 2nd Floor
York. PA 17404
Parcel Number:
[Space Above This Line For Recordh~g Data]
MORTGAGE
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, i 1, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are
aJso provided in Section 16.
(A) "Security Instrument" means this document, which is dated JalJ~'y 4~ 2001
together with all Riders to this document.
~,m~ "Borrower" is Dall~ Bart. on
Borrower is the mortgagor under this Security InstFument.
(C) "Le.der" is r~y[~int Bank
Lender is a Cct-poration
PENNSYLVANIA - Single Fami[y . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
~®~6(PA) (99121 0~ /2/
Form 3039 3~99
organized and existing under the laws of 'I~
Leader's address is FO l!ox 1711, I4ar~'mrg PA 17105
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated J~ 4~ 2001
The Note states that Borrower owes Lender NJneL-y ~ arid 00/1(30
Dollars
(U.S. $ ox)~030.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than Fei:friary 17 2031
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(ID "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means ail riders to this Security Instrument that are executed by Borrower. The following
riders are to be executed by Borrower [check box as applicable]:
~] Adjustable Rate Rider [] Condominium Rider [] Second Home Rider
[~ Balloon Rider [] Planned Unit Development Rider [] 1-4 Family Rider
[] VA Rider ~ Biweekly Payment Rider ~] Other(s) [specify] RSri~ to ~ 19 ~
~ Descrimtioa
(Hy' "ApplicaBle Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Commm:ity Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property: (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
vaJue and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
~®-G(PAI ~9912) ol P.ge 2 o* ~6 Form 3039 3/99
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Reguladou X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the County [Type of Recording Juri'sdiction]
of ~lard
See Attw__!-~t ~ 13escript±on [Name of Recording lurisdiction]:
which currently bas the address of
(" Property Address"):
176 Wolf's Bridge Road
[Street}
[city], Pennsylvania 170L~ [Zip Code]
TOGETHER WITH all the improvements now or bereafter erected on the property, and all
easements, appurtenances, and fixtures now or bereafter a part of Ihe property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security instrument as the "Property."
~6(PA}(gs121Ol Pa~.3oIi6 Form 3039 3/99
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and couvey the Property and that the Property is unencumbered, except for
ancumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following foPms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section I5.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may bold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making paymeuts due under
the Note and this Security fustrument or performing the covenants and agreements secured by this Security
instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ali
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it becan~e due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sul'ficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payruent received
from Borrower to the repayment of the Periodic Payments if, axed to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to tile full payment of due or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in lull, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section t0. These items are called "Escrow
items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower sh,'dl promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or ail Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or ail Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
si:all lumish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant amd agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amonnt. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender ail Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficieat to permit Lc:haler to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance witt~ Applicable
Law.
The Funds shall be held m an institution whose deposits are insured by a federal agency,
it~stmmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escroxv account, or $'erifTing the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless a.n agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrnwer
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an atmual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than
twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charge; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if gny. To
the extent that these items a~e Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender nlay require Borrower to pay a one-time charge for a rea[ estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured againsl loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services: or (b) a nne-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in co~mection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain nlsurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or anmunt of coverage. Tberefore, such coverage shall cover Lender, but might or might
not protect Borrower, B ' ' '
orrower s eqmty m the Property, or the contents of tl~e Property, against any risk,
hazard or liability and migh't provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insura~ce policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's securi~ is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
.requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or e~mings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
r~sto,=don or repatr IS not econorrdcally feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or oot then due.
Forlrl 3039 3/99
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrumeut and shall continue to occupy /he
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shah not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Proper~y if damaged to avoid further deterioration or damage. If insurance or
conderanation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited tn: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearmg in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankImptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no [iability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate frotn the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall Comply with all the provisions of the
Iease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward tile premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If snbstantially equivalent Mortgage Insurance ~overage 'is not
avallable, Borrower shall continue to pay to Lender the amount of tile separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage insurance. Such loss reserve shalI be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender cml no longer require loss
reserve payments if Mortgage Insurance coverage (in the mount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refimdable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section ~/0 affects Borrower's obligation to pay interest at the rate provided in the Note.
11. Assignment of Miscellaneous Proceeds; Forfeiture. Ali Miscellaneous Proceeds are hereby
assigned to a~ld shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
tile Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportuaity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscell:meous Proceeds, Lender shrdl not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
Form 3039 3199
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial talcing, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the innount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Proper~y or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
Ali Miscellaneous Proceeds that are not applied to restoration or repair of the Properly shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Leuder Not a Waiver. Extension of the time for
paymant or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to r'elease the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modif7
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in interest of Borrower or in anlounts less dian the anlount dlen due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bouud. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18~ any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default~ for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted lin'fits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make tills refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for uader the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to ali Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borruweds
change of address, then Borrower shall only report a change of address through tbat specified procedure.
There may be only one designated notice address under this Security Iustrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender, If any notice required by this Security Instrument is also required under AppIicabie
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean ,and ihclude
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
tal~e any action.
1/. Borrower s Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section t8,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of ali sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower,s Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (h) such other period as Applicable Law might specify for the terruination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: a) pays Lender ali sums which then would be due under this Security
Instrument and tile Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays ali expenses incurred in enforcing this Security Instrument, including, but not limited
lo, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
~1~} 19912) 01 }n'tials:~
Form 3039 3/99
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remalD Mlly effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section i8.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also aright be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in cormection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reaTon of, this Security Instrument, untiI such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section I5) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
BOrrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Enviroamental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law: and (d) an "Enviromnental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmenta~
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that ls in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value o1' the Property. The preceding
two santences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal ar other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cle;mup. '
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
........... n under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at
its option may require immediate payment ia full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuiug the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of a/l sums secured by this Security Instrument, this Security Instrument
mud the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section i9 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to th. is Security
Instrument.
26. Purchase Money Mortgage. If zmy of the debt secured by this Security instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of rearrange foreclosure shall be the rate pavane from time to time
under tile Note. ~ -
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrower
(Seal)
(Seal) (Seal)
-Borrower -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal) (Seal)
-Borro~ver
-Borrower
6(PA) 199121 ol
Page 15 of 16 Form 3039 3/99
Certificate of Residence
the correct address of the within-named MorTgagee is
Witness my ha_nd this
, do hereby certify that
93 Eox 1711, aard~kurg PA 17105
day of Ja'xi~y, 2(2131
Agent of Mortgagee
COm ONV LTS or rENNS LV ., ZCa_ C
On this, the 4 day of Jar~vm-y 2031
undersigned officer, personally appeared pnlln~ Barton
County ss:
, before me, the
· known to me (or
satisfactorily proven)..to~._..., be the person(s) whose name(s) iF/'~s/"kre
subscribed
to
the
within
instrument
acknowledged
th~ile/they executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
6{PA} 19912).01 Paqe 16 or 16 Form 3039 3/99
Exhibit "B"
NOTE
J~ 4.~ 2031 York
ICiwl P [s~ ~valia
176 Wolf's Bridge ~oaJ, CarLisle PA 17013
1. BORROWER'S PROMISE TO PAY
Iu return for a loan that I have received, i promise to pay U.S. $ cj0~CC0.00
plus interest, to the order of the Lender. The Lender is Waypoint Bank
(this amount is called "Principal"),
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. Tbe Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. ~-NTEKEST
interest ~vill be charged on unpaid principal until the ~i1 amount of Principal has been paid. [ will pay interest at a yearly
rate of 6.750 %.
The interest rate required by this Section 2 is the rate i will pay both before and after any defanlt described in Section 6(B)
of this Note.
3. PAYMENTS
IA) Time and Place of Payments
[ will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on Parch 1, 2001 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment wiI1 be applied as of its scheduled due date and will be applied to interest
before Principal. If, on Fel:x'tmz~ 1, 2031. , I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at FO Box 1711, Harrishx'g PA 17105
or at a different place if required by me Note Hoiuer.
lB) Amount of Monthiy Payments
My monthly payment will be in the amount of U.S. $ 583.74.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doin.o so. I may nor desienate a
..... pa3 m .... not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that [ owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to rednce the
Principal amount of the Note. If ! make pa_ri a_ Prepnvmen th~r~ ,,, h* n~, ,-h~,,o,~ ;~, ~},,~ ~,,,~ ~,~,. ,,~';, th,. amanm of my
monthly paymem unless the Note Holder agrees in writing to dtose changes.
MULTISTATE FIXED RAT~ NOTE-Single Faro y-Fannie Mae/Fteddiel~ac UNIFORR~ INSTRUMENT
(~:~ 5N (ooo3~ Form 3200 3/99
5. LOAN CHARGES
If a law, which applies to this loan aud which sets maximum loan charges, is fiually interpreted so that the interest or od]er
loan charges collected or to be co[Iected in cormection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected From
me wlticl~ exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refand reduces Principal, the reduction will be treated
as a patlial Prepayment.
6. BOPun. OWER'S FAJ_LURE TO PAY AS REQU~uXED
(A) Late Charge for Overdue Payments
[f the Note Holder has not received tile full amount of any monthly payment by the end of J_5 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the char_~e will be 5.0'30 % of
my overdue payment of principal and [merest. I will pay this late charge promptly but onlfonce on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if [ do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal wfuch has not been paid and all
the interest that I owe on that amount. That date must be at least 30 davs after the date on which the notice is mailed to me or
delivered by other means. -
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
IE) Payment of Note Holder's Costs and Expeuses
If the Note Holder has required n:te to pay immediately in full as described above, the Note Holder will have the riehl to
be paid hack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. ~'hose
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
bnless apphcab e law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I aive the Note
Ho'der a notice of my different address. ~
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address slated in Section q(A) above or at a d~ f..~ .t add.~ss if I am gt'~en a notice of that
different address. - 'f ...... '
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of tile promises made ill
this Note, including the promise to pay t~e full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these thm~o. Any person who takes ovor t ~ ~- .~
or endorser of this Note, is Mso obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note agamst each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note. -
9. WAIVERS
I and amy other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
'~Presentment" means tile right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
Form 3200 3/99
10. UNqFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security instrument describes how and under w~at conchttons t may be required to make inunediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or trm-,sferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent. Lender may require im~mediate payment in i~dll of all sums secured by this Sccurity instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited 'ay Applicable Law.
If Lender exercises this option. Lender shah give Borrower notice of acceleration, The uoticc shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(S~m)
gal ln~ Barton -Borrower
(Seal)
(Seal)
-Borrower
(Seal)
-Borrower
-Borrower
(Seal)
-Borrower
Whhoul/f,;COu,;.:.,...~ , * '.~?' .~CC,$~ OF AMERtCA.
~,,.. r ~/~,~ ..... '~.~,':,~ '.
(Seal)
-Borrower
Exhibit "C"
EXHIBIT "A"
ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in Middlesex Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake on the western side of a private right of way 50 feet wide on the dividing line between Lots B and C on the
hereinafter mentioned Plan of Lots; thence by said dividing line North seventy-seven (77) degrees thirty (30) minutes thirty (30)
seconds West, tln'ee hundred seventy-five and seventy-six hundredths (375.76) feet to a stake; thence by land now or formerly of John
L. Peffer and Joyce Dumin Peffer, North thirty-nine (39) degrees fifteen (15) minutes one (01) second West, one hundred twelve and
six hundredths (112.06) feet to a stake; thence by the dividing line bet~veen Lots C and D on said Plan of Lots, North eighty-four (84)
degrees thirty-nine (39) minutes five (05) seconds East, two hundred seventy-nme and one hundredth (297.0l) feet to a stake on the
western side of the private right of way 50 feet wide aforesaid; thence by the western side of said private right of way South thirty-
nine (39) degrees thirty (30) minutes East, two hundred fifty-one and fifty hundredths(251.50) feet to the Place of BEGINNiNG.
Containing I acre.
BEING Lot C on the Subdivision Plan of John L. Peffer and Joyce Durnin Peffer, his wife, as recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Plan Book 36, Page 116.
BEING the same premises which Dallas Barton and Cindy L. Barton, husband and wife, by Deed dated the 15th day of June, 1992,
and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of
June, 1992, in Record Book S-35, Page 1097, granted and conveyed unto Dallas Barton and Cindy L. Barton, husband and wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
TAX MAP (21) 07-0467-004F
Exhibit "D"
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
2. The amount of the debt is stated in paragraph 9 of the Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed,
or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the Complaint, evidenced by the copy of the mortgage note
attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within
thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some
portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the. debt and a copy of the verification will be mailed to the debtor by
the creditor's law firm.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and
if the debtor makes a: written request to the creditor's law firm within the thirty (30) days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherry Hill, NJ 08034.
RETURN - NOT FOUND
- SHERIFF'S
CASE NO: 2001-05749 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BARTON DALLAS
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
DALLAS BARTON but was
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE ,
He therefore returns the
the within named DEFEND;tNT
DALLAS BARTON
, NOT FOUND , as to
PER POST OFFICE, LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Not Found 5.00
Surcharge 10.00
.00
36.25
Sheriff of Cumberland County
SPEAR & HOFFMAN
10/09/2001
Sworn and subscribed to before me
this ~ ~' day of~a~_
A.D.
PrOthonotary ' '
R. THOMAS KLINE
Sheriff
EDWARD L. SCHOR~P
Solicnor
OFFICE OFTHE SHEF~IFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RC)NNY ~,. ANDERSON
Chief Oepu~.
~ATRiCIA A.. SHATTO --state Ds~u y
To: Po~arcer Agency Control No.
I
Address Information Request
Please furnish this agency with ~e new address, if available, for the foilowing individual or veri~
who=her the address given below is one at which mail for ~his individual ~s cu~endy bein~ delivered.
[f~e follewino address is a ~o~ n~
, * ~--- _race aox ple~e ~mish the street address as recorded ~n
bo~older s application
c~i~ d~e ~ddr~ss info.&lion for ~his individual is required for the p~rform~nc¢ o~Js
(S~gnamre o~ncy O~i~)
}Title)
FOR POST OFFICE USE ONLY
( ) MAIL IS DELIVERED TO ADDRESs GIVEN
( ) NOT I~qOWN AT ADDRESS Gr'v'EN
~, LEFT NO FORWARDrNG ADDRESS
() NO SUCH ADDRESS
( ) OTH:ER (SPECIFY):
BOXHOLDER'S STREET ADDRESs
Agency Return Address
P os~mark/Dat, e Stamp
Address Information Request (Requir-d ~ormat)
Exhibit 352.44b ~ '
Spear & Hoffman, P.A~
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL 'BANK
PLAnqTIF~;
VS.
DALLAS BARTON
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-5749 CiVIL TERM
PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter.
SPEAR AND HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
SHERIFF'S
CASE NO: 2001-05749 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BARTON DALLAS
RETURN - OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
DALLJkS BARTON
but was unable to locate Him
deputized the sheriff of PERRY
serve the within COMPLAINT -
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
in his bailiwick.
County,
MORT FORE
, to wit:
He therefore
Pennsylvania,
to
On January 2nd , 2002 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Perry County 55.40
.00
92.40
01/02/2002
SPEAR & HOFFMAN
R. ~Thom~s Ki~
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of ~
/
~o~ A.D.
/ Prothonotary/ -
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41~t Judicial District
of Pennsylvania-Perry County Branch
Washington Mutual Bank
VS
Dallas Barton
6 Trout Lane
Marysville, Pa. 17068
NO. 01-5749
George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he
made a diligent search and inquiry for the within named Defendant(s) to wit Dallas
Barton but was unable to locate him/her in his bailiwick. He therefore returns the Re-
instated Complaint in Mortgage Forclosure ,as to the within named Dallas Barton NOT
FOUND. Defendant lives in North Carolina.
Sworn and subscribed to before me
this ~Z~4~_ day of tkc~,,/~(, 2001.
: ~TARIAL SEAL ~
MAI{GARET E ~ CK~NGER, NOTARY PUBLIC
I 8LOOUF~LU BORO.. PER~'COUNT¥
· MY COI~,~'I~II~SION EXPIRES FEB. 16, 2004
Sheriff of Perry County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Washington Mutual Bank
VS.
Dallas Barton
SERVE: same NO. 01 5749 civil
Now, November 30 20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now~
within
,20 , at o'clock
M. served the
upon
at
by handing to
a
and made known to
copy of the original
SO answers ~
the contents thereof.
Sworn and subscribed before
me this __ day of
,2O
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF, LOAN NO. 5971442289
WASHINGTON MUTUAL BANK
PLAiNTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 01-5749
MOTION FOR SERVICE PURSUANT
TO SPECIAL ORDER OF COURT
Plaintiff, by and through its counsel, BONNIE DAHL, ESQUIRE, moves this Honorable Court for
an Order directing service of the Complaint in Mortgage Foreclosure and Notice of Sale upon the above-
captioned Defendant(s) by Certified mail and regular mail and by posting of the premises: 176 WOLFS
BRIDGE ROAD CARLISLE, PA 17013 and in support thereof avers the following:
1. Attempts to serve Defendant(s) with the Complaint (Notice of Sale) have been unsuccessful,
as indicated by the Return of Service by the Sheriff's Office (Legal Process Server) and/or proof of additional
attempts at service attached hereto as Exhibit "A".
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith
effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific
inquiries made and the results therefrom is attached hereto as Exhibit "B".
WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to
Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure and
Notice of Sale by certified mail and regular mail and by posting of the premises.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560, FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749
MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR SERVICE PURSUANT
TO SPECIAL ORDER OF COURT
Plaintiff, by and through its counsel, BONNIE DAHL, ESQUIRE, submits this Memorandum of Law
in Support of its Motion for Service Pursuant to Special Order of Court.
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable nile, the plaintiffmay move the Court for a special order directing
the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which
has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made.
Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding
address is insufficient evidenceofconcealment. Gonzalesvs. Polis, 238Pa. Super. 362,357A.2d580(1976). "Noticeofintended
adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,
360 A.2d 603 (1976).
An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries
pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the
Defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records.
As indicated by the attached Return of Service marked hereto as Exhibit "A", the Sheriff (Legal
Process Server) has been unable to serve the Complaint in Mortgage Foreclosure (Notice of Sale). A good
faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached
Affidavit of Reasonable Investigation, marked as Exhibit "B".
WHEREFORE, Plaintiffrespectfully requests service of the Complaint in Mortgage Foreclosure and
Notice of Sale by certified mail and regular mail and by posting of the premises by the Sheriff.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
VERIFICATION
BONNIE DAHL, ESQUIRE hereby states that she is the Attorney for the Plaintiff in this action, that
she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR
SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her
knowledge, information and belief.
The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.
§4904 relating to unswom falsification to authorities.
SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560, FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, S & H FILE NO. WMB-P-244, LOAN NO. 5971442289
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749
CERTIFICATION OF SERVICE
I hereby certify that on the .J .5 day of~, 200~t-have served or caused to
be
served a true and correct copy of this Motion for Service Pursuant to Special Order of Court on all parties
named herein at their last known address or upon their attorney of record by first class U.S. mail, postage
prepaid to the addresses listed below.
SPEAR & HOFFMAN, P.A.
BY:
B6NNIE DAHL, ESQUIRE
ATTORNEY FOR PLAINTIFF
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
Exhibit "A"
SHERIFF'S
CASE NO: 2001-05749 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BARTON DALLAS
RETURN - OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
DALLAS BARTON
but was unable to locate Him in his bailiwick.
deputized the sheriff of PERRY County,
serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania,
to
On January 2nd , 2002 this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Perry County 55.40
.00
92.40
01/02/2002
SPEAR & HOFFMAN
So answe r~s~Y : ~ ....
R. Thomas Klfh&
Sheriff of Cumberland County
Sworn and subscribed to before me
this day of
Prothonotary
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41't Judicial District
of Pennsylvania-Perry County Branch
Washington Mutual Bank
V$
Dallas Barton
6 Trout Lane
Marysviile, Pa. 17068
NO. 01-5749
George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he
made a diligent search and inquiry for the within named Defendant(s) to wit Dallas
Barton but was unable to locate him/her in his bailiwick. He therefore returns the Re-
instated Complaint in Mortgage Forclosure ,as to the within named Dallas Barton NOT
FOUND. Defendant lives in North Carolina.
Sworn and subscribed to before me
this ~?~_ day of Oe::~-~, 2001.
MARGARET F. ~:1. CKINGER, ~OTARY
BLOOM[I~LD BORO. PERRYCOUNTY
L, ~¢OM~ 5SION ~PIRES FEB. 16~ 2004
~~So Ansv~rs, , _
Sheriff of Perry County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Washington Mutual Bank
VS.
Dallas Barton
SERVE: sane No. 01 5749 civil
NOV'/, November 30 ,20 01 , I, SHERIFF OF CLrMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry Coullty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
Affidavit of Service
NOW,
within
,20 , at o'clock
M. served the
upon
by handing to
a
mad made k3~own to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,2O
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Exhibit "B"
Feb-14-Q2 02:2Tpm From-PLAYERS ASSOCIATION 63523D0558 T-449 P.04/05 ;-00g
PLAYERS NATIONAL LOCATER
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Numeer WMG-P-244
^l~orney Firm' SPEAR & HOFFMAN PENNSYLVANIA
Case Number
SuDject DAI-LA~ BARTON
A.K.A' DALLAS L BARTON
Last Known Aclclress' 176 WOLF BRIDGE ROAD CARLISLE, PA 1'7013
Last Known Number: ( )
M~cnael K Gross, Doing Cluly sworn accorchng to law, deposes anCl says:
1. I am employed ~n the capacity of Pres~c~ent fei Players Nabona~ Locamr.
2 On 0911212001. I concluCCe~ an ~nves~abon into toe whereabouts of ;he above named
clefenclan[(s). Toe results of my inveSbgar~on are as follOwS
CREDIT INFORMATION -
A. SOCIAL SECURITY NUMBER: 238-90-6003
g. EMPLOYMENT SEARCH
Unable to locate a good employer for Dallas.
C INQUIRY OF CREDITORS*
Creditors indicates that Dallas is using 176 Wolf Bridge Road, Carlisle, Pa. 17013 with fie valid
home phone number.
INQUIRY OF TELEPHONE COMPANY -
^. DIRECTORY ASSISTANCE SEARCH'
Directm7 assistance has no listing for Dallas Barton.
INQUIRY OF NEIGHBORS -
We contacted 717-243-9966 registered et 160 Wolf Bridge Read and spoke with a neighbor who
stated Dallas Barton ha~ moved out of 176 Wolf Bridge Read, Carlisle, Pa. 17013. He stated the
house is vacant and up for sale.
iNQUIRY OF POST OFFICE -
A. NATIONALADDRESS UPDATE
AS of September 7, 2001 the National Changs of Address (NCOAI has no change for Dallas from
176 Wolf Bridge Road, CarliSle, Pa. t1613.
MOTOR VEHICLE REGISTRATION -
A. MOTOR VEHICLE & DMV OFFICE:
The Pennsylvania Department of Drivers Licensing has Dallas liSted at 176 Wolf Bridge Road,
Carlisle, Pa. 17013.
OTHER INQUIRIES -
A DEATH RECORDS'
AS of September 7, 20~1 the 8oclal Security AdminiStration has no death record on file for Callas
Barton and or a.k.e.'s under hiS social security number.
6362300559 T-446 P.06/05 F-O09
F#b-14-02 OZ:ZTpm From-PLAYERS ASSOCIATION
E. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC ).
None Found
C COUNTY VOTER REGISTRATION
The Cumberland County Voters Registration Office has no listing.
ADDITIONA. L INFORMATION ON SUBJECT -
A DATE OF BIRTH:
02/62
~ ~ PlayersNa~ionalLoca~or 11301o3teteRoad, Suite 104 ~ Louis. MO 63021
P~one. (636) 23~9922 Fax. (636) 23~0558
MAR 1
SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(609) 755-1560, FAX (609) 755-1570
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749
AND NOW, this
ORDER
~.~day of ~lil~, 200~__,pursuant to Plaintiffs Motion for Special Service
and accompanying Memorandum of Law in Support thereof, it is hereby ORDERED that Plaintiffs Motion
is hereby GRANTED;
Service shall be deemed proper upon the following methods:
certified and regular mail
Posting Property located at: 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013
Other, as required by the Court:
It is further ORDERED that all subsequent pleadings shall be deemed properly served upon
defendants by the above methods of service or the methods of service as prescribed by Rule 440 of the
Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without
further application to this Court for allowance of special
Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 01-5749 CIVIL TERM
pRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter.
SPEAR AND HOFFMAN, P.A.
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05749 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BARTON DALLAS
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
DALLAS BARTON the
DEFENDANT , at 0903:00 HOURS, on the 4th day of April
at 176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
POSTED PROPERTY AT 176 WOLFS
a true and attested copy of COMPLAINT - MORT FORE
, 2002
by handing to
BRIDGE ROAD CARLISLE, PA
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Posting 6.00
Surcharge 10.00
.00
37.45
Sworn and Subscribed to before
me this /0 ~ day of
~'~;~ ~,2.., A.D.
/~othonota~y '
So Answers:
R. Thomas Kline
04/05/2002
SPEAR & HOFFMAN
By: .... .
Deputy ~heriff ~
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
LOAN# 5971442289
WASHINGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 91328-1093
PLAINTIFF,
VS.
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
DEFENDANTS
1
PRAECIPE FOR JUDGMENT FOR FAILUR~
TO ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY: ~
COURT OF COM1VgON PLEAS
CUMBERLAND C(~UNTY
DOCKET 01-5749 (~ivil Term
!
Emer Judgmem IN REM in the mount of $102,125.87 in favor of th
defendam(s), jointlY and severally, for failure to file an answer to Plaintiff's
Foreclosure within 20 days from service thereof and assess Plaimiff's dama
calculated as stated in the Complaim:
Principal of mortgage debt due and unpaid
Interest at 6.75% from 03/01/01 to JUNE 10, 2002
(467 days @ $16.63 per diem)
Accrued late charges
Other Fees
Advance balance
Attorney's fees
TOTAL AMOUNT DUE
Attorney for Plaintiff
AND NOW, judgmem is entered in favor of the Plaimiff and against
damages are assessed as above in the sum of $102,125.87
: PRO PROTHY ! '
SPEAR & HOFFMAN, P.A.
Plaintiff and against the
Dmplaint in Mortgage
as follows and
$89,922.51
$7,766.21
$58.38
$15.50
$1,533.77
$2,829.50
$102,125.87
QUIRE
the Defendant(s) and
MAR 1 2 gO0
SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(609) 755-1560, FAX (609) 755-1570
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT O1~ COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5~49
ORDER
AND NOW, this [ ~day of ~ltl~, 200~__, pursuant to Plaintiffi Motion for Special Service
and accompanying Memorandum of Law in Support thereof, it is hereby ORDI~RED that Plaintiffs Motion
is hereby GRANTED;
Service shall be deemed proper upon the following methods:
certified and regular mail
Posting Property located at: 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013
Other, as required by the Court: i
It is further ORDERED that alt subsequent pleadings shall be deemed properly served upon
defendants by the above methods of service or the methods of service as pr~scribed by Rule 440 of the
Pennsylvania Rules of Civil Procedure regarding service of legal papers other than original process without
further application to this Court for allowance of special~
SPEAR & HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 NORTH KINGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 2001-05749-P
CERTIFICATION OF
MAILING NOTICE PURSUANT
TO RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to file 4 Praecipe for the Entry of
Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of
Judgment. A true and correct copy of each Notice is attached hereto, sent as stated.
Dated: APRIL 30, 2002
~SQUIRE
SPEAR AND HOFFMAN, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
ATTORNEY I.D. NO. 80057
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 5971442289
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
To~
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
Date of Notice: APRIL 30, 2002
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.2001-0:
NOTICE
;749-P
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTIO~ REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA~'E OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARINQ AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD T~KE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166 / ~
~"THOM~ J~. HmN_! IECK, ESQUIRE
Atto~/9~y for Plaimifl
!
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" U~ER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE
PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PUI~OSE OF COLLECTING
THE DEBT ' ~
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
BONNIE DAHL, ESQUIRE, being duly sworn according to law, de
attorney for Plaintiff in the above-captioned matter, that he makes this Affida
and that the statemems in this Affidavit are true to the best of his knowledge,
Defendant, DALLAS BARTON, is over 21 years of age. His last e~
Defendant is not in the military service of the United States as come~
and Sailors' Civil Relief Act, as amended.
}oses and says that he is
vit on Plaintiff's behalf,
information and belief.
~loyment is unknown.
tplated by the Soldiers'
1
This Affidavit is made in connection with the judgmem upon a note ~nd mortgage secured upon
1
the premises located at 176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS
DAY OF ~/4.0L/ ,20
Jun,40, 2002
NOTARY PUmC OF Nm JERS~
MY COMMISSION ~PIRES JAN.
HL, ESQUIRE
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 01-5749 Civil
CERTIFICATE OF SERVICE
~rm
/
We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by
!
first class mail, postage prepaid, true and correct copies of the attached papers upon the following
/
person(s) or their attorney of record:
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
Date mailed:
BY:
SPEAR & HOFFMAN, P.A.
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANT(S)
COURT OF COMI~ON PLEAS
CIVIL DIVISION
CUMBERLAND CC
NO. 01-5749 Civil
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Pl',
WASHINGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 91328-1093
and that the last known address(es) of the judgment debtor (Defendant (s)) is
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
SPEAR & HOFFMAN, P.A.
BY:
~UNTY
erm
miff) is:
fare):
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WASHINGTON MUTUAL BANK
PRAECIPE FOR WRIT OF EXECUTION
: ( )
: ( )
Confessed JUdgment
Other
vs. : FileNo. 01-5749 C
: Amount Due $1
DALLAS BARTON : Interest
: Atty's Corem
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
~il Term
92,125.87
The undersigned hereby certifies that the below does not arise out of a retail
account based on a confession of judgment, but if it does, it is based on the appropria~
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 197,
Issue writ of execution in the above matter to the Sheriff of CUMBERLAN]
debt, interest and costs upon the following described property of the defendant(s)
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND
and costs, as above, directing attachment against the above-named garnishee(s) for the
estate, supply six copies of the description; supply four copies of lengthy personalty li~
DATE: June 10, 2002
and all other property of the defendant(s) in the possession, custody or control of the ~
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real
described in the attached exhibit.
Signature: ~ ~
Print Name: BONNIE DAHL, [
Address: 1020 N. Kings Higl
Cherry Hill, N.J. 0812
Attorney for: WASHINGTON h
installment sale, contract, or
e original proceeding filed
. as amended.
County, for
County, for debt, interest
following property (if real
t)
id garnishee(s).
estate of the defendant(s)
QUIRE
ray, Suite 210
34
~JTUAL BANK
~o
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-5749 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BAb/K PLANTIFF(S)
From DALLAS BARTON 176 WOLFS BRIDGE ROAD, CARLISLE PA 17013
(1) You are directed to levy upon the property of the defendant(s) and to sell 176 WOLFS BRIDGE
ROAD, CARLISLE, PA 17013
(2)
(2) You are also directed to attach the property of the defendant(s) not levied Ul: on in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachraent has been issued; (b) the garm shee(s) is/are enjoined
from paying any debt to or for the account of the defendant (s) and from deliveri~ ~ any property of the
defendant (s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is fot~d in the possession
of an.y, one o~e.r than .a named garnishee, you are directed to notify him/her that helshe has been added as
garmsnee ann ~s enjoined as above stated, a
Amount Due $102,125.87 L.L. $0.50
Interest Due Prothy $1.00
Atty's Corem % Other Costs
Arty Paid $109.45
Plaintiff Paid
Date: JUNE 12,2002
REQUESTING PARTY:
Name: BONNIE DAHL ESQUIRE
Address: 1020 N KINGS HIGHWAY SUITE 210
CHERRY HILL, N J 08034
Attorney for: PLAINTIFF
Telephone: (856) 755-1560
Supreme Court ID No. 79294
CURTIS R. LONG
Prothonotary, Civil Division
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
COURT OF COMlV
CUMBERLAND
DOCKET NO. 01-5
CERTIFICATION
iON PLEAS
)UNTY
749 Civil Term
BONNIE DAHL, ESQUIRE, hereby verifies that she is the attorney for the Plaintiff in the
above captioned( ) anmatter'FHA andmortgagethat the premises are not subject to the provisions, of Act 91 because it is:
( ) non-owner occupied
( ) vacant
(x) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa,C.S. secti<
unsworn falsification to authorities.
DAHL, ESQUIRE
Attorney for Plaintiff
,n 4904 relating to
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
UTUAL BANK, Plaintiff in the above action, by its a
WASHINGTON M ....... ~ ....~,-,~ for the Writ of Executio]
rth as of me oate me rta~.F~
ESQUIRE sets fo,., .......... ~,,,-ated at 176 WOLFS BRIDG]
information concerning me rem p[ug,~ [j -,-*
CARLISLE, PA 17013:
1. Name and address of Owner(s) or Reputed Owner(s):
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
Name and address of Defendant(s) in the judgment:
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
3. Name and last known address of every judgment creditor whos
the real property to be sold:
NONE
Name and address of the last recorded holder of every mortgal
WASHINGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 91328-1093
WAYPOINT BANK
PO BOX 1711
HARRISBURG, PA 17105
PNC MORTGAGE CORPORATION
75 N FAIRWAY DRIVE
VERNON HILLS, IL 60061
COURT OF COIVI)MON PLEAS
CUMBERLAND C°UNTY
DOCKET NO. 01~-5749 Civil Term
judgment is a record lien on
of record:
;torney, BONNIE DAHL,
was filed, the following
ROAD
Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record imerest.in the property and whose
interest may be affected by the sale:
DOMESTIC RELATIONS
REFg2000-5595
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
1
7. Name and address of every other person of whom the plaintiff has k~owledge
interest in the property which may be affected by the sale:
TENANT(S)/OCCUPANT(S)
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
I verify that the statemems made in this affidavit are tree and correct
knowledge, information and belief. I understand that false statemems herein
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
SPEAR & HOFFMAN,
who has any
to the best of my personal
are made subject to the
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
COURT OF COMIV~ON PLEAS
CUMBERLAND CQUNTY
DOCKET NO.01-57 ~9 Civil Term
CERTIFICATION AS TO THE SALE OF REAL PRO
I hereby certify that I am the Attorney of record for the Plaintiff in tt
Property and further certify this property is:
[ ] FHA - Tenant Occupied or Vacant
[ ] Commercial
[ ] As a result of a Complaint in Assumpsit
[ X ] That the Plaintiff has complied in all respects with Section 4(
Mortgage assistance Act including but not limited to:
(a)
(b)
(c)
Service of notice on Defendant(s)
Expiration of 30 days since the service of notice
Defendant(s) failure to request or appear at meeting with Mo
Consumer Credit Counseling Agency
Defendant(s) failure to file application with Homeowners Em
Assistance Program.
(ct)
I further agree to indemnify and hold harmless the Sheriff of CUMB]
false statement given herein.
BONNIE DAHL, E5
Attorney for Plaintif~
PERTY
is Action against Real
of the
gagee or
ergency
~RLAND County for any
QUIRE
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.01-5749 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPE~
TO:
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
Your house (real estate) at:
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4, 2002 at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROO
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $102,125.87 obtained by WA:
BANK against you.
NOTICE OF OWNER'S RIGHTS
/
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'~
To prevent this Sheriff's Sale you must take immediate action:
TY
;HINGTON MUTUAL
SALE
1. The sale will be canceled if you pay to WASHINGTON MU~
of the judgment plus costs or the back payments, late charges, costs and reas¢
To find out how much you must pay, you may call: (856) 755-1560.
2. You may be able to stop the sale by filing a petition asking th
the judgment, if the judgment was improperly entered. You may also ask the
sale for good cause.
3. You may be able to stop the sale through other legal proceedi
You may need an attorney to assert your rights. The sooner you cont
'UAL BANK the amount
nable attorney's fees due.
.~ Court to strike or open
Court to postpone the
lgs.
act one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sol~l to the highest bidder.
You may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff th
sale. To find out if this has happened, you may call (717)240-6390.
4. If the amount due from the buyer is not paid to the Sheriff,
of the property as if the sale never happened.
5. You have a right to remain in the property until the full amc
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer ma
to evict you.
6. You may be entitled to a share of the money which was paid
schedule of distribution of the money bid for your house will be filed by the
thanOCTOBER 4, 2002 This schedule will state who will be receiving the m
paid out in accordance with this schedule unless exceptions (reasons why the
wrong) are filed with the Sheriff within ten (10) days after the date of filing
7. You may also have other rights and defenses, or ways of gel
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON,
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT Y
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US]
PURPOSE.
full amount due in the
)u will remain the owner
nt due is paid to the
bring legal proceedings
For your house. A
',heriff no later
aney. The money will be
>roposed distribution is
f said schedule.
ng your house back, if
2E. IF YOU DO NOT
qE THE OFFICE
OU ARE ADVISED
~TTEMPTING TO
~,D FOR THAT
WIDE ON THE DIVIDING LINE BETWEEN LOTS B AND C ON THE ~
MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE N(
(77) DEGREES THIRTY (30) MINUTES THIRTY (30) SECONDS WEST,
SEVENTY-FIVE AND SEVENTY SIX HUNDREDTHS (375.76) FEET Ti
BY LAND NOW OR FORMERLY OF JOHN L PEFFER AND JOYCE DI
THIRTY- NINE (39) DEGREES FIFTEEN (15) MINUTES ONE (01) SEC~
ALL THAT CERTAIN TRACT OF LAND TOGETHER WITH THE IMPROVEMENTS THEREON
ERECTED, SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY
PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: i
BEGINNING AT A STAKE ON THE WESTERN SIDE OF A PRIVATE RIGHT OF WAY 50 FEET
[EREINAFTER
~RTH SEVENTY-SEVEN
THREE HUNDRED
) A STAKE; THENCE
~'RNIN PEFFER, NORTH
)ND WEST, ONE
HUNDRED TWELVE AND SIX HUNDREDTHS (112.06) FEET TO A S~]'AKE; THENCE BY THE
DIVIDING LINE BETWEEN LOTS C AND D ON SAID PLAN OF LOTS. NORTH EIGHTY-
FOUR (84) DEGREES THIRY-NINE (39) MINUTES FIVE (05) SECONDS EAST, TWO
HUNDRED FIFTY-ONE AND FIFTY HUNDREDTHS (215.50) FEET TOTHE PLACE OF
BEGINNING.
CONTAINING 1 ACRE
BEING THE SAME PREMISES WHICH DALLAS BARTON AND CIND'
DEED DATED JANUARY 4, 2001 AND RECORDED JANUARY 19, 200
OFFICE IN AND FOR CUMBERLAND, PENNSYLVANIA, IN DEED BC
PAGE 82, GRANTED AND CONVEYED UNTO DALLAS BARTON TH
HEREIN.
L. BARTON, BY
IN THE RECORDER'S
)K VOLUME 238
MORTGAGOR
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK
PLAINTIFF,
VS.
DALLAS BARTON
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, BONNIE DAHL,
ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013:
1. Name and address of Owner(s) or Reputed Owner(s):
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
DALLAS BARTON
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
CUMBERLAND COUNTY ADULT PROBATION
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
WASHINGTON MUTUAL BANK
P.O. BOX 1093
NORTHRIDGE, CA 91328-1093
WAYPOINT BANK
PO BOX 1711
HARRISBURG, PA 17105
PNC MORTGAGE CORPORATION
75 N FAIRWAY DRIVE
VERNON HILLS, IL 60061
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
DOMESTIC RELATIONS
REF#2000-5595
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
TENANT(S)/OCCUPANT(S)
176 WOLFS BRIDGE ROAD
CARLISLE, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
SPEAR & HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
Spear & Hoffrnan, P.A.
BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
WASHINGTON MUTUAL BANK
VS.
DALLAS BARTON
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-5749 Civil Term
CERTIFICATION OF NOTICE TO LIEN HOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, BONNIE DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was
served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States
mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as
Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
BY:
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
BONNIE DAHL, ESQU/RE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I' SS:
J
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the SherifFs Deed in which Fannie Maei is the grantee the same having been sold to said grantee on the
4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 12 day of June, A.D.,
2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5749, at the suit
of Washington Mutual Bank against Dalla Barton is duly recorded in Sheriff's Deed Book No. 255,
Page 325.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this c9~3~ ck day of
., A.D. 2002
~ /~' '~' '~~ Recorder of Deeds
Washington Mutual Bank
VS
Dallas Barton
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5749 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt
Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named
defendants, to wit, Dallas Barton, to his last known address of 176 Wolfs Bridge Road,
Carlisle, PA 17013. This letter was mailed under the date of June 17, 2002. The
unopened letter was returned to the Sheriff's Office on June 24, 2002 with reason
checked "NO SUCH STREET." A new address of 65 Gasoline Alley, Hummelstown,
PA 17036 appeared next to the defendant's name on the unopened envelope.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt
Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named
defendants, to wit, Dallas Barton, to his last known address of 65 Gasoline Alley,
Hummelstown, PA 17036. This letter was mailed under the date of June 24, 2002. The
unopened letter was returned to the Sheriff's Office on July 8, 2002 with reason checked
"NO SUCH STREET."
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on July 8, 2002 at 2:50 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Dallas Barton located at 176 Wolfs Bridge Rd., Carlisle, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Dallas Barton, by regular mail to his last known address of 176 Wolfs
Bridge Road, Carlisle, PA 17013. This letter was mailed under the date of July 19, 2002
and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum
of $1.00 to Attorney Bonnie Dahl for Fannie Mae. It being the highest bid and best price
received for the same, Fannie Mae of 1900 Market St., Suite 800, Philadelphia, PA
19103, being the buyer in this execution paid SheriffR. Thomas Kline the sum of
$719.55, it being costs.
Sheriffs Costs:
Docketing 30.00
Poundage 14.11
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 3.45
Certified Mail 10.59
Levy 15.00
Surcharge 20.00
Postpone Sale 20.00
Law Journal 251.45
Patriot News 193.75
Share of Bills 25.20
Distribution of
Proceeds 25.00
Sheriffs Deed 39.50
$719.55
Sworn and Subscribed to Before Me
This d,~,~
2003, A.D.
· Day of (~t~?
~t~- ~), ~t~/~ R. Thomas Kline, Sheriff
/PrOthonotary
Real Estate(~)eputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
n P tri t- w newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #60
REAL ESTATE SALE NO,
Writ No. 20~1-5749
Civil Term
, W~hlngton Mutual Bank
Atty: Bennle Dahl
DESCRIFrlON'
the impmveale~ tbuc~ ~ situate in
Middlescx Township, Cumberland County,
BEOffqNI]~ at a ~take on the western ~lc of a
line bctweon Lots Band C on thc be~ina.%r
mentioned lOlanof Lola; thence by said dividing
true ~rth neventy**even C/7) dea~ ~hirty (3O)
minu~ tbhl~ (30),~ondn we~ ~a~ hundn~
seventy-live and ~vonty*six hundredths
feet to a stalr,~; thea~ by land now (~ fotmcdy of
John L, Pdf~r and Joyve Dun~a ?effcr, north.
thirty-ni~ 09) d~u= flacon (15) minu~ one.
(Ol) second we~t, one hundred twelve and six
Sw° rn t° and ~oUtabdSa~;eb; d he'o re 2~'~s~ 14.t h day~~002 A.D.
My C~3mmission E~p~res June 6, * -I NO'i'~F:{¥ PUBLIC
Member, Pennsylvania Association Of Notarie~y commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 192.00
$ 1.75
$ 193.75
~ (112.0~) f~ ~o a stal~; 5'~oncc by the,
dividin~ linc between Lots C and D on said Plan
P~ ofbx~,,aa~t~.fo~(s4)~a~.,~ ~,dvertisina Cost
(39) minute~ five (05) seconds east, two hundred,
fiitT-oncandfifi~ hundmiths (215,~)fi~to~;)ublisher of The Patriot-News and The Sunday Patriot-News newspapers of general
cil pla~ of BEGINNING
CO~,~[SO~A~. ,receipt of the aforesaid notice and publication costs and certifies that the same have
be BEJNG the sam~ t~o.~scs which Dallas Barton
2~0f~ L. ~lon, bY deed dated Jammry 4;:'
~ January 19, 2001, in
P. ccord~s Office in and for Cumberland,' Ry ...........................................................
Pennsylvania, in Deed Book Vohimc 238 page
mo~.~or he. hi.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz~
JULY 26, AUGUST 2, 9, 2002
Affiant fimher deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE S~T.~. NO. 60
Writ No, 2001-5749 Civil
Washington Mutual Bank
VS.
Dallas Barton
Atty.: Bonnie Dahl
ALL THAT CERTAIN tract of land
together with the improvements
thereon erected, situate in Middle-
sex Township. Cumberland County.
Pennsylvania, bounded and
scribed as follows:
BEGINNING at a stake on the
western side of a private right of way
50 feet wide on the dividing line
between Lots B and C on the here-
inafter mentioned plan of lots:
thence by said dividing line North
seventy-seven (77) degrees thirty {30)
minutes thirty (30) seconds West,
three hundred seventy-five and sev-
enty six hundredths (375.76) feet
to a stake; thence by land now or
'~e~thal, Edit/'-~or
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002_
t /// '
statements as to time, place and character of publication are true.
REAL F.~TATE ~,T,* NO. 60
Writ No. 2001-5749 Civil
Washington Mutual Bank
vs.
Dallas Barton
Atty.: Bonnie Dahi
ALL THAT CERTAIN tract of land
together with the improvements
thereon erected, situate in Middle-
sex Township, Cumberland County.
Pennsylvania, bounded and de-
scribed as follows:
BEGINNING at a stake on the
western side of a private right of way
50 feet wide on the dividing line
between Lots B and C on the here-
inafter mentioned plan of lots:
thence by said dividing line North
seventy-seven (77) degrees thirty (30)
minutes thirty {30) seconds West,
three hundred seventy-five and sev-
enty six hundredths (375.76) feet
to a stake: thence by land now or
formerly of John L. Peffer and Joyce
Durnln Peffer, North thirty-nine (39)
degrees fifteen (15) minutes one (01)
second West, one hundred twelve
and six hundredths (112.06) feet to
a stake: thence by the dividing line
between lots C and D on said plan
of lots, North eighty-four (84) de-
grees thirty-nine (39) minutes five
(05) seconds East, two hundred
fifty-one and fifty hundredths (215-
.50) feet to the place of beginning.
CONTAINING 1 acre.
BEING the same premises which
Dallas Barton and Cindy L. Barton.
by Deed dated January 4. 2001 and
recorded January 19. 2001. in the
Recorder's Office in and for Cum-
berland, Pennsylvania, in Deed
Book Volume 238 Page 82. granted
and conveyed unto Dallas Barton
the mortgagor herein.
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002