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Home My WebLink About07-3384UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS 4708 Mercantile Drive :CIVIL DIVISION Ft. Worth, TX 76137 Plaintiff :Cumberland County V. Kevin R. Bartles 3670 Enola Road : NO. 67 -a0y oia' Newville, PA 17241 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMIEDIATAMENTE, 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 ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: National City Mortgage Company d/b/a Eastern Mortgage Services Assignments of Record to: Saxon Mortgage Services, Inc. Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 3668 Enola Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Frankford Township COUNTY: Cumberland DATE EXECUTED: 1/9/04 DATE RECORDED: 1/21/04 BOOK: 1851 PAGE: 3702 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 6/4/07: Principal of debt due $116,551.90 Unpaid Interest at 6.875% from 12/1/06 to 6/4/07 (the per diem interest accruing on this debt is $21.95 and that sum should be added each day after 6/4/07) 4,072.36 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $224.39 and that sum should be added on the first of each month after 6/4/07) (221.86) Late Charges (monthly late charge of $39.41 should be added in accordance with the terms of the note each month after 6/4/07) 197.05 Recoverable Balances 153.50 Attorneys Fees (anticipated and actual to 5% of principal) 5,827.60 TOTAL $127,185.55 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $127,185.55 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQ RE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT PARCEL OF LAND IN TOWNSHIP OF LOWER FRANKFORD, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 260, PAGE 705, ID# 14-05-041-027, BEING KNOWN AND DESIGNATED AS BEGINNING AT A POINT IN THE CENTER LINE OF PUBLIC ROAD SR.944 KNOWN AS ENOLA ROAD WHICH POINT IS IN THE SOUTHWESTERN CORNER OF LAND NOW OR FORMERLY OF EDGAR E. HOOVER THENCE ALONG ALT-WOF ENOLA ROAD NORTH 81 DEGREES 31 MINUTES 2 SECONDS WEST A DISTANCE OF 379.91 FEET TO A POINT; THENCE ALONG LANDS NOW OR FORMERLY OF KEITH R. BARTLES NORTH 0 DEGREES 36 MINUTES 18 SECONDS EAST A DISTANCE OF 1097.54 FEET TO AN IRON PIN; THENCE CONTINUING ALONG LANDS NOW OR FORMERLY OF EDGAR D. BARTLES ESTATE SOUTH 86 DEGREES 18 MINUTES 55 SECONDS EAST A DISTANCE OF 158.48 FEET TO AN IRON PIN; THENCE SOUTH 86 DEGREES 30 MINUTES 15 SECONDS EAST A DISTANCE OF 250.65 FEET TO AN IRON PIN; THENCE ALONG THE EXISTING FENCE LIEN OF LAND NOW OR FORMERLY OF EDGAR E. HOOVER SOUTH I DEGREES 38 MINUTES 13 SECONDS WEST A DISTANCE OF 242.14 FEET; THENCE CONTINUING SOUTH 2 DEGREES 24 MINUTES 28 SECONDS WEST A DISTANCE OR 886.79 FEET TO A POINT AT THE PLACE OF BEGINNING. CONTAINING 10.072 ACRES AND BEING DESIGNATED AS LOT 3-A OF THE FINAL SUBDIVISION PLAN OF KEITH R BARTLES WHICH PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEiDS OFFICE IN PLAN BOOK K87 PAGE 62. DEED FROM KEVIN R. BARTLES AND LUCINDA K. BARTLES AS SET FORTH IN DEED BOOK 260, PAGE 705 DATED 10130/2003 AND RECORDED 10131/2003, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. v •.w4 . y Page 4 April 20, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONIINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 0HOMEOWNERDS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page t of t 60W A HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Kevin Bartles 3668 Enola Road Newville, PA_17241 _ 2 Oo O244768 National City Mortgage Company dba Eastern Mortgage Service _ Morgan S anleyrtgaee Capital. Inc. HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RR RLIGTRLE FOR FINANCIAL ASSISTAN F WHICH CAN SAVE VQIJR HOME FROM FORRCI,OSTTRF. AND HRLP VOIT MAKF. FTTTTTRR MORTGAGE. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMTOWNERGS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACA, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from. the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MF.F.TTNG MTTST OCCUR WITH TN 0 CONSTIMF.R CREDIT C_OTTNSFT.ING AGENCIES _ If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, add=-,,es and telc?hone numbers of designated nnnumer credit unseling agencies for th county in which the=;crty is located tee? are set forth at the end of this Native. It is only necessary to schedule one face-to-face meeting. Advise your lender immMiatcl of your intentions. APPI.TCATION FOR MORTGAGE ASSISTANCE _ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGF.NC'Y A[`.TiON - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THF. DF.FAUi.T - The MORTGAGE debt held by the above lender on your property located at: 3668 Enola Road Newville, PA 1.7241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ Monthly Payments of $1012.7 for January 1, 2007 through April 1, 2007 = $4050.84 Monthly Late Charges of X39.41 for January 1, 2007 through April 1, 2007 = $157.64 Other charges (explainritemize): Other=$75.00 Property Inspection Fee=$19.00 Expense Advances=$50.00 ._TUTAL AMQUNT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not "Re if not a licahl ): NA HOW TO CURE THE, DEFAULT _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S4352-49 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must hem de either by ae achi r'c heck, certified rhark or mnney nrder made p33ahh- and cent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Da not use if tint a? hnahie ): N a Page 3 of 3 IF VOII DO NOT CURF ME DEFAULT - If you do not cure the default within TEIIRTY (30) DAYS of the date of this Notice, the lender intends to ex r ie ity rights to accelerate the mnrtggggdebt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forerlnse upon your mortgaged Ljrn C1j. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Tf you cur the default within theme TV (3 nAy Priad you M not h mquired to pay attorney's fees OTHER I,F.NDER RF.MED FS -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO C-TIRE TIIF T FFATIT T PRIOR TO SHFRTFF'S CAT F - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ym still have the right to cure the Lief Olt and prevent the sale at any time i to one hoar h fare th 4her;ft g 4alp You may o„ by paylnp.the total amount then act du ,_ lnc any late or other hares then chip, n=-asnnahle attar rya g fees and e forecloc ire cal and any other rusts ennne< trx' it- th Chr>r.... Sale 9- S=ifim in wntinp_,_hy the lender and by PgZfMmina acv Other re ruirementc under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F,ART.TEST POSSIRT F SHFRIFF'S SAL F DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately- f months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: Saxoa Mort>rgg e,, Inc, _ Address: 4708 Mercantile Drive North Fort Wo____r% TX 76137 y Phone Number: 1-900-874-9516 ? Fax Number: _ 1-871-665-7750 Contact Person: Loss Mitigation lossmit a saxonmsLcom EFFECT OF SHERIFF'S S A i N - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIIMP'ITON OF MORTGAGE - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd. Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 ]fled des: (--.0 maa eum aoes wmm sd fnalliforeow unique laerdifier for your manpieoe record of desverykepi by the Postal Service for two years eroW M ONLY be cwkinsd with Firet-Class Malleor Pr1oft Mails. BrMW Mal is not evaileble for any claw of International mail. D INSURANCE COVERAGE IS PROVIDED with Cerafled Mall.. For *mbiw please oonsider kmxod or Registered Mall. x an roeddiliorrelobtarr+ ReMrm??p ?t o? P o sits sneer a Retw?n 381 wilds and add pos cover e?Endorse m?a*p aooe1`Retum PkPiesrtur. Tk orereoeea tee wahfer or duplicate return receipt, a USPSe Postmark on your Cen ied Man receipt is purred. 3r an additional be. delivery may be restricted io the addressee or ndoreerrlesfdaoygl orbmd? d Advise the okft or mark the manpiece with the Is ft ppoosn? for pos<me racelpt Is It a PPos te' on We Ceeffeieedd MMall roeipt is not needed, detach and 9label with postage and mail. IRTANT: Save this receipt and present it when making an Inquiry. irnet access to delivery information Is not available on mail tressed to AM and Ms. 0 C3 co Ln trr t3 r- Ir ru n o O 0 a M I L7 E I= $ O i' N tP M V CO C ti M 0 Lill ; - o o .?.? O C3 rLI .D --- 0 -0 L O or- cilt m:0o cc c? cr t OW Pl ZLL3S irk s V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udre4ESO RE UDR EN LAW OFFICES, P.C. V - I `'tP MOW r ti UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Kevin R. Bartles Defendant(s) €NO.07-3384 PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P. 1033; AND FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Saxon Mortgage Services, Inc., by its attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court enter an Order granting the Plaintiff leave of Court to amend its Complaint In Mortgage Foreclosure as above captioned, pursuant to Pa.R.C.P. 1033; and for an Order directing service of the Amended Complaint In Mortgage Foreclosure by publication in accordance with Pa.R.C.P. 430(b)(1); and service of all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriff's sale upon Defendant, Kevin Bartles, Last Record Owner by posting only, of the subject premises located at 3668 Enola Road Newville, PA 17241 in accordance with Pa.R.C.P. 430; and in support thereof avers the following: 1. On June 5 2007, the Plaintiff filed its instant Action In Mortgage Foreclosure against the Defendant. 2. Plaintiff conducted a skip trace which confirmed that Defendant, Kevin Bartles was deceased. A true and correct copy of said skip trace is attached hereto as Exhibit "A". 3. The Plaintiff received a copy of the death certificate that verified that the Defendant Kevin Bartles was deceased. A true and correct copy of the Certificate of Death is attached hereto as Exhibit "B". I t 4. The Plaintiff inquired with the Cumberland County Register of Wills Office and was advised that the County has no record of an Estate having been raised. A true and correct copy of Plaintiff's Good Faith Investigation is attached hereto as Exhibit „C„ 5. It is therefore, believed, averred, and suggested that Defendant Kevin Bartles is deceased. 6. Through inquiries and investigation Plaintiff has identified Keith R. Bartles, Natural Guardian to Lizera Bartles, Minor Child & Known Heir of Kevin R. Bartles, Last Record Owner, as a possible known heir of Kevin Bartles. 7. There may be "unknown" surviving heirs. COUNT I MOTION FOR LEAVE TO AMEND COMPLAINT PURSUANT TO Pa.R.C.P. 1033 and Pa.R.C.P. 1144 8. Plaintiff incorporates paragraphs 1 through 7 herein as though fully set forth at length. 9. Pa.R.C.P. Rule 1033 provides, in part, that a party by leave of Court may correct the name of a party or amend his pleading. 10. Pa.R.C.P. Rule 1144 provides, in part, that the Plaintiff shall name as defendants the personal representative, heir or devisee of a deceased mortgagor, if known; and the real owner of the property, or if he is unknown, the grantee in the last recorded deed. 11. Therefore, the Plaintiff wishes to amend its Complaint by correcting the characterization of Kevin Bartles as a Defendant by virtue of his being deceased to: Kevin Bartles, Last Record Owner and by adding Keith R. Bartles, Natural Guardian to Lizera Bartles, Minor Child & Known Heir of Kevin R. Bartles, Last Record Owner, as a Defendant. 12. The amendment to the Complaint will not prejudice the Defendants. 13. All other averments of the Complaint are to remain the same and unchanged. t k WHEREFORE, the Plaintiff prays and respectfully requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred hereinabove. COUNT II MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 14. Plaintiff incorporates paragraphs 1 through 13 herein as though fully set forth at length. 15. Plaintiff has made a good faith effort to locate all known heirs so as to name them party Defendants pursuant to Pa.R.C.P. 1144(a)(2) by conducting a skip trace and inquiring with the Cumberland County Register of Wills Office 16. Although specific heirs have been located and/or identified, it is believed that there may be other heirs, "unknown heirs", who remain unidentified. WHEREFORE, so as to properly satisfy the Pennsylvania Rules of Court, particularly Pa.R.C.P. 1144(a)(2), (a)(3), where the Plaintiff is required to name as party Defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor(s), if known, and those of a deceased real owner, the Plaintiff moves this Honorable Court, and hereby requests an Order, pursuant to Pa.R.C.P. 430 et seq., directing service of the Amended Complaint In Mortgage Foreclosure by publication upon the Defendant, Kevin Bartles, Last Record Owner; and service of all subsequent pleadings that require personal service upon Defendant Kevin Bartles, Last Record Owner including, inter alia, the Notice of Sheriff's Sale by posting only, of the subject premises located at 3668 Enola Road Newville, PA 17241. Respectfully Submitted: UDREN W OFFI ES, P.C. By: Mark J. Udren, Es Attorney for Plaintiff run-07-07 12:19om From-Player's Association 636 230 0558 T-933 P.010/041 F-123 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number. 07030113 Attorney Fftm: MARK J UDREN a ASSOCIATES Case Number: Suter Kevin Bartles A.K.A.: Kevin R Smiles Property Address: 3668 Enola Road NWVlile, PA 17241 Last Known Address: 3970 Enola Road Newville, PA 17241 Last Known Number. ( ) - Melissa Kozma, being duly sworn according to law, deposes and says: 1. l am employed In the capacity of Location Specialist for Players National Locator. 2. On 4610712007, 1 conducted an Investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):177-68.0207 B. EMPLOYMENT SEARCH: N/A C. INQUIRY OF CREDITORS: Creditors Indicated the iost reported address for Kevin Barnes Is 3668 Enola Road, Newvlile, PA 17241. Creditors stated Kevin Sorties Is deceased. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Kevin Bartles. We called (717) 243.0772 and spoke with Kovin's stepmother who stated Kevin Bartle: is deceased. She stated Kevin was not married at the tines of his death. She stated Kevin's father, Keith Bartles, Is living at 3670 Enoia Road, Newville, PA 17241. She also stated Kevin's minor son, Lizera Sorties, in living with his grandfather, Keith Bartle. We were unable to krcate any other heirs. INQUIRY OF NEIGHBORS - We were unable to contact any neighbors to confhm any other information. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 04, 2047 the National Change of Address (NCOA) has no listing for Kevin Bartles. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current driven license Information for Kevin Sorties. OTHER INQUIRIES - A. DEATH RECORDS: The Social Security Adminisbatian has a death record In the name Kevin Bartles with the social EXHIBIT A r `Jun-07-07 12:19pm From-Player's Association 636 230 0558 T-933 P.011/oat F-123 security number above on February 15, 2007. No last reported address In given. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC,): None Found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Regltration Office. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: April 4, 1975 AIA qA Fl M¢Iisaa K a Players National Locator 174 Clarkson Road, Ste 225 E7lisvAle, MO 63019 (636)2309922 (636)230-0558 This is to certify that this is a true and accurate copy of the death record on file with the Division of Vital Records, and that 1, Frank Yeropoll, am and was at the time of the issuance of this copy Director, Division of Vital Records of the Department of Health for the Commonwealth of Pennsylvania, duly appointed and commissioned as directed by Act 66 of the General Assembly, approved 29 June 1953, P.L. 304. AUG 29 2007 ? • Date Issued. it r 5 H106.144 REY it F t AIA L TYPElPRIN7 M PEHMa?lErrr ' #30-457 I k COMMONN?EALTH OF PENNSYLVANIA a DEPARTMENT OF HEALTH a VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) X 2 CZX, c t. Nrro of Owed" (Fiwl mid*, wt, aft) --- 2. Sex - 3. Sold Sw^ Number - - -- -- 4. Dew of 000 (Mwft day, Yaw) Kevin R Bartles Male f 1 177 -68 -0207 I February 15, 2007 5. Age (last 00*) Undo 1 year UWK t day 1 6. Dar of Bft (--, dftWy,, 7. end We or Be. Prw of Deem (Chefs one _ 31 Yom. rdw.. H... wtidw April 4, 1975 Carlisle, PA MOWN: ?khwhwd ERt040 t ?WA odw ?MmftHome ?Prow ?ahw- ?. coney Of D80 BC. Ott wp. Deem ed. Fa*y Noma (N W metlhtfw, On strew wW mm*" e. Wa D,C,d,rp d HYpnb Orign? No ? Yea 1D. frr: Amed=' Mdr, Black, whr, W. Cumberland South Middleton Carlisle Regional Medical Center ( =0 =,et.) White 11. opows UAW co 0=400W PW work done anv moat d mftv Me. Do not Woo 12. Was DeuWM ever b dw 13. Dwwdwa's EduDdW *@* wdy hi WW graft oonprrd) 14. MwW Son! Wftd NWw MwdW, 16. Stavivkq *MM (h air, Oka make rame) 1QW Of Wok KYm G Buator I Indupy Owner/O erator evins Lawn Ser i U.S. Annex Forttr? ??nm? / Sewrtdary (0-12) CclMge (t4 or 5r) . Obwcd (90-4) ? QD 2 p v c Yr ?? 1 Divorced - 16.DeodnraMWWVAdderMW,aNyrmen,ewe,*cd9) Decteenrs PA DidDBcedW Lower Franktord Adud Heeiderrw 17s 9rte Un t a 3668 Enola Rd. , 17c. Yee, Decadent lived b Ttvp. T 1 7 Newville PA 17241 - 0 17d. [I No, LindwNKt ,7b.cawry Cumberland , Ieao 18. Fates Name (F* aid*. lap, wdlo) 19. M*Ws Nome (FW, W&W. ffWft mn me) Keith R. Bartles Barbara Hostetter zoa. NtfanrtwX s Name (T)" / Prk) tab. N t~s MWftAditn (seed, * / town, awe, ZO Cods) Keith R. Bartles 3670 Enola Rd., Newville, PA 17241 21a MaBmd d Dopoehbn ? Ctarhn ? Dwttlbn 21b. DO of 040Wbon pmrdh, day, YaM 21c. PNoe of WpwWrt (Nerve of wm Wy, awn" or Cfw plea) 21d. LoWOM (try I ban, awe, tip code) ? a ? or Dw4shm / M" °d?wa?Na 2/21/2007 Cumberland Valley Mem. Grds. Carlisle, PA 17013 22x. 9,n6n Setviw Umme (orppdqjIk* 2M. UWW Number 22c. Name wd Aft w of Fatty ? 167 C FD 012633 L Ewing Brothers Funeral Home, Inc., Carlisle, PA 17013 0aeptr Nett owe adl when ""V phyeiden la not av - tl WN d doo to 2Ma To Nw bW of my WWpife, drm om" at to *W, date wd place Wad. (Sgrtebne and No) 23b. liver Number 23c• Do. Sgrwd WA*. day, yem'i away care d deem. Harr ZI 2a must be wnY spec by pans 24. 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Oat SWW (Mallet, dry, few) • meam paws- l Caeaw ' May 7, 2007 On ft Meer dmm*Woa wtl/ or teed0ttn, in myopWm dedhocmadat rw lwa,do*NodpiewNowNow to tlw awwysgantmwawnawed. 3/,y? ? use d,p?,prt p??yy? ?w?yq py TyptIPrint a > 1K1Cf lee1 1. 1YOZ'rZB, V OTO II@r' . I wa ? I o ?? 55 hh g i ga te 11 Mec n d -I L I I I ha csbu=g, PX 170 O DlepcNon Pamdt No. EXFNBR 6 J:- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadingsOudren.com Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION ::Cumberland County V. Kevin R. Bartles Defendant (s) : NO. 07-3384 VERIFICATION OF GOOD FAITH INVESTIGATION Mark J. Udren, Esquire, hereby states that he/she is the attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and hereby sets forth that the undersigned conducted a good faith investigation of the existence of and whereabouts of any surviving heirs of the deceased Defendant, Kevin Bartles by inquiring with the Cumberland County Register of Wills whether an Estate was raised by the granting of the Letters Testamentary and/or Letters of Administration. The Register advised the undersigned that no decedent's Estate was raised of record, and Letters were not granted. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: September /a 2007 UDREN LAW OFFICES, P.C. Ma J. Udren, Es ire Attorney for Plaintiff EXHIBIT "C" Z F VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Motion for Service Pursuant to Special Order of Court and Brief/Memorandum of Law are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Mark . Udre , Esquire Attorney for intiff DATED: September /a 2007 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Kevin R. Bartles Defendant (s) € NO. 07-3384 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND ITS COMPLAINT IN MORTGAGE FORECLOSURE; AND FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Saxon Mortgage Services, Inc., having filed it Motion For Leave To Amend Complaint, and Motion for Service Pursuant to Special Order of Court, submits this Memorandum of Law in support thereof. I. Motion For Leave To Amend Pennsylvania Rule of Civil Procedure, Rule 1033, provides in relevant part that "[a] party, . by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading." Pennsylvania Rule of Civil Procedure, Rule 1144 provides in relevant part that (a)" The plaintiff shall name as defendants ... (2) the personal representative, heir or devisee of a deceased mortgagor, if known; and (3) the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed...." In the instant Motion For Leave To Amend, Plaintiff requests leave of Court to amend its Complaint In Mortgage Foreclosure by correcting the characterization of Kevin Bartles as Defendant by virtue of his being deceased, to: Kevin Bartles, Last Record Owner and by adding Keith R. Bartles, Natural Guardian to Lizera Bartles, Minor Child & Known Heir of Kevin R. Bartles, Last Record Owner, as a Defendant. This Motion falls strictly within the parameters of Rule 1033 and Rule 1144. The Plaintiff is not requesting leave of Court to amend any allegation or substantive fact contained in the pleading itself. Furthermore, Plaintiff also requests that an Amended Complaint not expand the Answer and/or otherwise plead period of any Defendants already served with the original Complaint. II. Motion for Special Service Pennsylvania Rule of Civil Procedure 430(a) specifically provides, in part, that "(a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service." The purpose of the Motion for Service Pursuant to Special Order of Court is to seek special service of the Amended Complaint In Mortgage Foreclosure on Kevin Bartles, Last Record Owner. It is believed that there may be heirs of the deceased Defendant who remain unknown to the Plaintiff. Therefore, because the heirs are "unknown", and thus unidentifiable and unable to be located, service cannot be made under the applicable rule. Pennsylvania Rule of Civil Procedure 1144(a) (2) requires the Plaintiff to name as party Defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor, if known. A good faith effort to discover the whereabouts of any and all heirs has been made in accordance with Pa.R.C.P. 430(a), as evidenced by the skip trace and good faith Affidavit of Investigation, attached hereto as Exhibit "A" and "C" respectively. Known heirs have been identified herein. However, so as to properly serve Kevin Bartles, Last Record Owner and any surviving heirs who are unknown to the Plaintiff, but who may have an interest in the mortgaged premises, the Plaintiff seeks service by publication with regard to the Amended Complaint in Mortgage Foreclosure, and posting only, of the mortgaged premises with regard to all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriff's Sale. Pa.R.C.P. 430(b)(1) provides for service by publication. Further, Pa.R.C.P. 430(b)(2) provides for service by publication on unknown heirs: When service is made by publication upon the heirs and assigns of a named former owner(s) or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. In conformity with Pa.R.C.P. 430(b) (2), the Plaintiff sets forth, as verified, in the within Motion, that there may be unknown heirs. In order to complete service on the Defendant Kevin Bartles, Last Record Owner, by and through his surviving "unknown heirs", so as to move this foreclosure action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pa.R.C.P. 430 et seq., and for all the reasons hereinbefore stated, and in the attached Motion, grant a Special Order directing service of the Amended Complaint In Mortgage Foreclosure by publication on Kevin Bartles, Last Record Owner, and service of all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriff's Sale by posting only, of the subject premises located at 3668 Enola Road Newville, PA 17241. Respectfully submitted, UDREN LAW OFFI ES, P.C. By: Mark U ren, 're Attorney for Plaintiff 1 . . Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION Cumberland County V. Kevin R. Bartles Defendant (s) : NO. 07-3384 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Plaintiff's Motion For Leave To Amend Complaint In Mortgage Foreclosure Pursuant To Pa.R.C.P. 1033 upon the following person (s) named herein at their last known address or their attorney of record by regular first class mail:. Date Served: TO: Kevin Bartles, Last Record Owner 3668 Enola Road Newville, PA 17241 Keith R. Bartles, Natural Guardian to Lizera Bartles, Minor Child & Known Heir of Kevin R. Bartles, Last Record Owner 3670 Enola Road Newville PA 17241 LAW DATED: By: Mark J. Attorney ICES, P. C. Udren, WQ-UI-P-E for Plaintiff (? 't, ?,• ??' ? ? '° r ? ? ? ? ? ?, _ ` ??' ? ` , 'j ? ii 1 i„) ti\, • ? , 1 SEP 882007 b/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Saxon Mortgage Services, Inc. Plaintiff V. Kevin R. Bartles Defendant (s) € NO.07-3384 ORDER AND NOW, this day of 2007, after consideration of Plaintiff's Motion For Leave To Amend The Complaint In Mortgage Foreclosure and for Service Pursuant to Special Order of Court filed in this matter, and any response thereto, it is hereby ORDERED that: 1. Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by correcting the characterization of Kevin Bartles as a Defendant by virtue of his being deceased, to: Kevin Bartles, Last Record Owner 1 BaNtleaj Joast Reao a ---- and 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint; and 3. That service of the Amended Complaint on Kevin Bartles, Last Record Owner shall be complete when Plaintiff or its counsel or agent has published in accordance with Pa.R.C.P. 430(b)(1), a Notice of the action once in a local legal publication, and once in a newspaper of general circulation within the County; and, pursuant to Pa.R.C.P. 430, service of all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriff's Sale upon Kevin Bartles, Last Record Owner shall be complete when 3 9 1 • t the Sheriff, competent adult, constable, or other appropriate party has posted only, a copy of said subsequent pleadings and/or Notice on the most public part of the property located at: 3668 Enola Road Newville, PA 17241, which is the subject maker of this action in mortgage foreclosure. J. VINWASNN 0 :8 WV SZ d3S LOOZ MiONOHi08d 3HL dQ 301±. p-0314 y • 1 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Saxon Mortgage Services, Inc. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Kevin R. Bartles Defendant(s) NO. 07-3384 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: October 16, 2007 UDREN LAW OFFICES, P.C. Mark dren, ESQUIRE ATTORNEY FOR PLAINTIFF SEP 2 0 2007 b/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Saxon Mortgage Services, Inc. Plaintiff V. Kevin R. Bartles Defendant(s) ':NO.07-3384 ORDER AND NOW, this day of 2007, after consideration of Plaintiff's Motion For Leave To Amend The Complaint In Mortgage Foreclosure and for Service Pursuant to Special Order of Court filed in this matter, and any response thereto, it is hereby ORDERED that: 1. Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by correcting the characterization of Kevin Bartles as a Defendant by virtue of his being deceased, to: Kevin Bartles, Last Record Owner 1 Gwee:F, -B - ? ; and 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint; and 3. That service of the Amended Complaint on Kevin Bartles, Last Record Owner shall be complete when Plaintiff or its counsel or agent has published in accordance with Pa.R.C.P. 430(b)(1), a Notice of the action once in a local legal publication, and once in a newspaper of general circulation within the County; and, pursuant to Pa.R.C.P. 430, service of all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriff's Sale upon Kevin Bartles, Last Record Owner shall be complete when s '7 16 the Sheriff, competent adult, constable, or other appropriate party has posted only, a copy of said subsequent pleadings and/or Notice on the most public part of the property located at: 3668 Enola Road Newville, PA 17241, which is the subject mater of this action in mortgage foreclosure. J. CC" { -T.1 ,-c l4 it g O ? O T4 y - c 9i -n ? Cpl r r 4 i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Saxon Mortgage Services, Inc. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION .Cumberland County V. Kevin R. Bartles Defendant NO. 07-3384 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED:January 31, 2008 UDREN LAW OFFICES, P.C. BY : -'d /S, - - Attbrneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r-a S ri