HomeMy WebLinkAbout10-1726MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
To: a
You !re hereby notified to
fift-f writtei responses .to-the enclosed
within
twenty (20) days from the service hereof
or a judgment may, be entered against you.
orney for Plaintiff
Attorney for Plaintiff
File: 48.11252
FVl
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120,
Plaintiff,
Vs.
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: /0 - /? ?_G c'j-• I _fe.rp.
CIVIL ACTION
MORTGAGE FORECLOSURE
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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
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
FV1, COURT OF COMMON PLEAS
1270 Northland Drive CUMBERLAND COUNTY
Suite 200
Mendota Heights, MN 55120
Plaintiff, No.:
Vs. CIVIL ACTION
MORTGAGE FORECLOSURE
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, FV I (the "Plaintiff'), is a corporation registered to conduct business in the
Commonwealth of Pennsylvania and having an office and place of business at 1270 Northland
Drive, Suite 200, Mendota Heights, MN 55120.
2. Defendant, Kevin R. Bartles, (the "Defendant"), is an adult individual and is the real
owner of the premises hereinafter described.
3. Kevin R. Bartles, Defendant, resides at 3668 Enola Road, Newville, PA 17241.
4. On January 9, 2004, in consideration of a loan in the principal amount of $120,000.00,
the Defendant executed and delivered to National City Mortgage Co dba Eastern Mortgage
Services, Inc. a note (the "Note") with interest thereon at 6.875 percent per annum, payable as to
the principal and interest in equal monthly installments of $788.32 commencing July 1, 2004.
5. To secure the obligations under the Note, the Defendant executed and delivered to
National City Mortgage Co dba Eastern Mortgage Services a mortgage (the "Mortgage") dated
January 9, 2004, recorded on January 21, 2004 in the Department of Records in and for the
County of Cumberland under Mortgage Book 1851, Page 3702. See Mortgage attached. Said
Mortgage was assigned to Saxon Mortgage Services, Inc., recorded August 29, 2007 under
Instrument Number 200733714. See Assignment attached. Pursuant to Pa.R.C.P. 1019 (g) the
mortgage is incorporated herein by reference. Plaintiff is proper party plaintiff by way of an
assignment to be recorded.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 3668
Enola Road, Newville, PA 17241. A legal description of the Mortgaged Premises is attached
hereto as Exhibit "A" and made a part hereof.
7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage
because payments of principal and interest due February 1, 2009, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become 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.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ................................$110,788.22
Accrued but Unpaid Interest from
1/1/09 to 3/5/10
@ 6.875% per annum
($20.87 per diem) ........................................$8,953.23
Accrued Late Charges ....................................$339.70
Corporate Advance .........................................$666.40
Escrow Advance ..........................................$2,961.55
Title Search Fees ............................................$350.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 03/05/2010 ........................ $125,309.10
Plus, the following amounts accrued after March 5, 2010:
Interest at the Rate of 6.875 per cent per annum ($20.87 per diem);
Late Charges of $39.42 per month.
9. Plaintiff has complied fully with Act No. 91 (35 P.SA 680.40 1 (c) of the 1983 Session
of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the
Defendant at 3668 Enola Road, Newville, PA 17241 as well as to address of residences as listed
in paragraph 3 of this document on August 26, 2009, the notice pursuant to § 403-C of Act 91,
and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $125,309.10, plus the following amounts accruing after March 5, 2010, to the date of
judgment: (a) interest of $20.87 per day, (b) late charges of $39.42 per month, (c) plus interest at
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LLC
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
VERIFICATION
I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904,
relating to unsworn falsification to authorities.
Name: Mary L. Harbert-Bell, Esquire
Title: Attorney
Nov-13-2009 03:46pm Frain- ® T-272 P.034/036 F-022
EXHIBIT A
ALL THAT PARm OF LAND IN TOWNSHIP Ole LOWER FRANMIW. CUmwmL N0 COU1 i y. STATE OF
p1 MMVANK AS MORE FULLY lDESCR>BF.D IN DMO BOOK 260. PAGE 7GS, llW I"Sfi41#+02?. BMW IU*WN
ANY} D11 ONA'II3D AS SEOMWO AT A P004T IN Tl$ CP =LDM OF PUBLIC ROAD S3L.944 "OWN AS FNOI.A
RnA b WHICH PWT Ls IN's SOUTX WSSTFRNi CORNRR OF LAND NOW ORFORMFRLY Cr EDOAR E. HOOVER
THENCE ALONG ALTJWF ENOLA ROAD NORTH 31 DEGREES 31 NINl7'1?S 1 =05ADS'9 g*T A UI91TAj;cE or 37D.91
FEET TO A POINT; VICE ALONG LANDS NOW OR FORMMLLY OF XWW R. BAR-1125 MRTH 4 WORM 36
MIINLTM IS SEC W EAST A DISTANCE OF 109754 FEET TO AN IRONPIN; T= 4M CON1OXWG A]LOW L AN M
NOW OR FORMERLY OF BDOAR D. BAR71= ESTATE SOUTH 16 DEGRMM 12 MINUTIM SS MCONDS EAST A
DISTANCE OF 131.43 FAT TO AN MON PIN. TIMNCE SoGM $6 DEORSSS 30 MIIlVCPIEB 15 SECQNDS EAST A
DISTANCE OF 250.65 FE.6T TO AN IRON PINS THENCE ALONG THE =STD40 FENCE LIEN OlF LAND NOW OR
gpRMBRLY OF FDOARE HOOVEIL SOUTH I DEURM 319 MRItT ZS 13 SECONDS Wes' T A LBSTANCE OF 242.141'F. ;
-{' -MNCE CONM=40 SOUrK 2 DEMUMS 24 MMiTES 26 S=NDS WWT A DISTANCE• OIL 286.79 FEET TO A POWT
AT THE PLACE OF BEGlNt+11NG.
CONTAINING 10.D72 ACRES AND DEINO DBSIGNAI'L?D AS TAT 3-A OF TkM FWAL suMVUIDN PLAN OF KMTH R.
BAR71M W10CH PLAN IS RDE'D IN THE CUNDMAND COUNTY RECORM OF DEEbS OFFICE IN PLAN BOOK
K27 PAGE 62.
DEED FROM MIN R. &4 R'Tl.ES AM LUCDM k IL 9ARTLES AS SET FORTH IK DBBD BOOK 260. PAGE 705 DATED
lor$%2W3 AND R13CORDED 1013112003. CL M03ERLAND COUNTY RECORDS, COMib10NWEALTH OF PENNSYLVANIA.
Page 4
11/1312009 1:5'1;34 PM CUMBERLAND COUNTY Inst.9200733714- Page 3 014
Nov-13-2009 03:39pm From-
ORIGINAL
""BERT P. ZIEGLER
AND COUNTY -
Prepared 11y:
KARRH TAMS
National City Mortgage Co dba
Eastern Mortgage Services
1530 8TH AV8 STS 201
BETHLEHEM PA 18018
Parcel Number:
T-272 P.013/036 F-022
Re= To:
NATIOXAL CITY MORT=X CO
Haetern Mortgage Serviaen
P.O. Sax 8800
Dayton, Og 45401-8800
(Space Above Mds Line For Recording Data]
MORTGAGE
DER NMONS
0002736805
Warde wW in muldpL eectiau of thir doeumrnc am defined below 2nd other lwrric err ftefinM in 5rrrinna
3, 12, 13, 18, 20 and 21- Certain riles regarding the usage of words used is this don...ai i are also provided
in Section 16.
(A) "Security Instrwnent" me= this document, which is dated 7aanasy 9 , 2004
together with all Riders to ibis documen[.
($) "Borrower" is
P,BVIN R HARTL89
Borrower is lire mortgagor under this Security Instrument.
(C) "Lender" is National City Mortgage Co dba
8a9tern mortgage Services
Lender is a corporation
PVNMSYLVANIA - "a Family - Fannie MeelFneddie Mae UNIFORM [WrRUMENI
412VPA) coom
PhD* 1 of 15 NEWS;
VMF MORTGAGE FORMS - 9001521.7291
6K 1851 PG3702
Form 3058 1/01
i¦nnn
1111312009 1;54:20 PM CUMBr;RIAND COUNTY Inst.# 200402316 - Paae 1 of '19
Nov-13-2009 03:39pm From- T-2T2 P.014/036 F-022
organized and existing under the laws of The Stara of Ohio
1=&r 's address is 3232 Newmark Drava, Miamisburg, OH 45342
Lender is the mortgagee under this Security Instrument.
(D) "Note" me= the promissory note signed by Borrower and dated January 9, 2004
The Note states that Borrower owes Tinder
ONE HUNI)RO TWENTY TBOUSAW & C4/X04 Dollars
N.S. $ 120, 000. oo ) Phis enterest• Borrower has promised to pay ibis dcb[ m regular t trio=
Payments and to pay the debt in faU not later thaw July 1, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property..
(F) 'Loan" means the debt evidenced by die Note, plus ina t, any prepaymem charges and late charges
due under the Note, and all sums due under this Security Instrun=i, plus uttermt.
(G) "Riders" means all hiders to this Se Lmrity Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
[J Adjustable Rate Rider ? Cbndotnlnltun Rader Second Home Rider
? Balloon Rider Planned Unit Development Rider 14 Fatuity Rider CONSTRUCTION
El VA Rider Biweeldy Payarmt Rider Qtbrs(s) [specify)
(1i) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations.
ordinances and administrative rules and orders (drat have the effect of law) as weFl as all applicable t'mal,
nun-appealable, judicial opinions.
(1) "Community Association Dues, Fees, and AssessrttenU'I means all dues, tees, assessments and other
charges that are imposed on Borrower or tree Property by a condominium association. homeowners
association or similar organLulion.
M "Ele Brook Flm& Trazsfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrunmat, which is initiated duougb an electronic terminal, tdr-phonic instrument.
computer, or magtedc, tape so as ro order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limbed to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearimghoase transfers.
(I) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any cormpensadon, settlement, award of damages, or proceeds paid by
any third party (other than in=ane proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (r) condemnation or other taldrig of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Imuranett'I means insurance protecting Lender against the nonpayment of, or default on,
the Loan_
(N) "Periodic Payment" means the regularly scheduled amount due for (i) primipal and interest under die
Now, plus (ii) any amounts under Section 3 of this Security Instrument.
emma:
421 (WA) (ome) Pao. z of +B Form 3035 1101
BK1851PG3703
I
iii31T.009 1:54:20 PM CUMBERLAND COUNTY nst. 200402316 • Page 2 of 19
Nov-13-2009 03:39pm From-
T-272 P.015/036 F-022
(O) "RF..SSPA" means the Real Estate Settlement Procedures Ace (12 V.S.C. Suction 2,601 ct seq.) and its
impiementiing regulation, Regulation 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 tba same subject matter. As used in this
Security imsuumm, "RHSPA" 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 RFSPA.
(F) "Successor in )ts uvA of Borrower" means any party chat has u&en tide to the Property, whether or not
that party has assumed Borrower's obligations =der the Now 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 (K) the perfnttuance of Borrower's caveoants and agreements uoder this
Security Insstrumem and die Note- )?4r this purpose, Borrower does hereby mortgage, grant trod convey tm
Lender the following descnImd property located in the CO mty Rype of Rerotding ]uiUdiationl
of Ctmbe rlmnd (Name of Recording lnrisdk*n1:
LEGAL DROCRIPTICK ,A'.1TACKIM KIRST0 AND MAt78 A PART MM OF
which currently has the address of
3968 MWLA RD.
NNWVILLE
("Property Address"):
1Soooc)
(City], Pemnsylvanta 19243 rzip Code)
TOGETHER WITH all the improvements now or hereafter erected on clue IuOPcr, and all easements,
appurtenances. and fixtures now or heimfter a part of the property- All tePhc6MnM and additions shall also
be coveted by this Security bstrt=nt. All of the foregoing is referred to in this Security Insuim mt as the
"prim, "
dft 4(PA) iagW Pogo 3ol1G Fonn3M IAt
BK 185 ! PG3704
1111312009 1.54:20 PM CUMBERLAND COUNTY Inst.# 200402316 - Page 3 of 19
Nov-13-2009 03:39pm From-
T-1T2 P.016/036 F-022
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the property and that the Property is uDcrcumbered, except for
ertcumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any =nnhranees of record.
THIS SECURITY INSTRUMENT combines uniform eovcnAnts for national use and noo-uniform
covenants with limited variations by ju isdietion to constim a umdorm security kstr meat covering real
Property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Inumst, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evideucod by the Note and any
prepayment ages and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Smdou 3. Payments due under the Note and Ws Security Instrument shall be made in U,S.
cutremcy. However, if any chock or other instrument received by Lender as payment under the Note or this
Security Instrumma is returned to Lendrr unpaid, Lender may require that any ter all subsequent payments
due under the Note and this Security Insawment be made 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 insaanion whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Fiends Jansfer,
Payments are deemed received by Lender wbm received at the location designated in The Now or at
such other location as may be designaud by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial Payment, if the payment or partial payments arc insufficient to bring
the Loan current. Lender may accept any payment or pfd payer utsutiieient to bring the LAan curreatt,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payrents in
the future, but Lender is not obligated to apply such payments at the time such payuents are accepted. If eacb
Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on tmapplied
funds. Lender may bold such unapplicd funds until Borrower malm payment to bring the Loan currem. If
Borrower does not do so within a reasonable period of tier. Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding pruteipal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower toi& have now or m the
fume against Lender shall relieve Borrower from making payment's due under the Note and this Security
lwft mrent 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. ail payments
accepted and applied by LendeT shall be applied in ft following order of priority: (a) interest due under the
Notts; (b) principal due under the Note; (c) amounts doe under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining am=its shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
bale = of the Note.
If Landez receives a payment from Borrower for a delinquent Periodic Payment which includes a
suffrci ni 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 payment received from
Borrower to the: repaymeut of the Periodic payments if, and w the extent that, each payment can be paid in
rru?s ?? x ?
A,MVPA) W M F.W64 of is Form 3039 1/01
B{I$51PG3705
11113!2009 7:54;20 PM CUME5RLAND COUNTY InsL.x 200402316 - Page 4 of 19
Nov-13-2009 03:40po From-
T-272 P.017/036 F-022
full. To the extent that any excess exists after the payment is applied to tire: full payment of one or more
Periodic Payments, such excess may be applied ro any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall runt extend or postpone the due date, or than p the ,mount. of the Periodic Payments.
3. Funds fac FA=ow Items. Borrower shall pay to Lender on the day Periodic Payments are due tender
the Note, until de Note is paid in full. a sum (the "Rinds") to provide for payment of amounts due for: (a)
taxes and assemn= and other items which on attain priority ovt r this Security Instrument as a lies, or
encumbrance on the Property; (b) leasehold payments or ground roots on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Imtnance premiums. if any,
or any sums payable by Borrower to lender in lieu of the payment of Mortgage insurance preuda tls in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time dursg - the term of the Lou. Lender may requix den Community -Associadon Dues, Fees, and
Assess==, if any. be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Dorrawcr shall promptly fiuidsh to Under all notices of am0Unt9 to be paid under this Selcdon. Borrower
shall pay Lender the Funds for Escrow hems unless Leader waives Borrower's obligation to pay the Funds
for any or all Escmw Items. Wider m$y waive Borrower's obligation to pay to bender Funds for any or all
F..scrow 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 dne for any Escrow Items for which payment of
Funds has been waived by Lender and, if Iander requires, shall famish to Lender receipts evidencing such
payttcm within such time period as lender may require. Borrower's obligation to mah such payments and
to provide receipts shall for all purposes be deeIIUed to be a covenant and agreement conudued in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
aMwww ho= elhvWy, puraoaee to a wasvar, sod Ilerrewer fails w pay the amoum duo for as 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 amount. Leader may revoltae the waiver as to any or all Escrow
Gems at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower sha11
pay to Linder all Futtds, and in such amounts. that are then; required under this section 3.
Lender may. at any time. collect and bold Funds in an amount (a) sufficient to permit lender to apply
t11e Funds at die time specified under RFSPA, and (b) not to mccod ft maxinnun amount a lender can
require under RESPA, Leader shall estimate the amount of Pwxh due on the basis of current data and
ttasonable estimates of expenditures of famtre Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, insnvmentality,
or entity (including Lender, if Lander is an institution whose deposits are so insured) or in any Federal Hone
Loan Bank. Lender shall apply the Fumds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the NrAls, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and
Applicable Law permits Leander to make such a charge. Unless an agreemeent is made in writing or Applicable
Law requires interest to be paid on the Funds, Lander shalt not be required to pay Borrower any interest or
earnings on the Ponds. Borrower and Lender can agree in writing, however, that intetest shall be paid an the
tmoWS: ??
(ft4k7A) (mm ran. s al Is Form 3039 1101
111132009 1:54:20 PM
6K 1851PG3706
CUM6ERI.AND COUNTY Instm 200402316 - Page 5 of 19
Nov-13-2009 03:40po From-
T-272 P.018/036 F-022
Funds_ Lender shall give to Borrower, without charge, an affnual 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 no* 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 thaw 12
monthly payments. If there is a deficiency of Funds held in escrow. as defined under RWPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to snake up
the deficiency in accordance with RESPA, but in no more dean 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly reftmd to
Borrower any Finds held by L.enoer,
4. Charges; Liens. Borrower shall pay all taxes, assasments, charges, thus, and Impositions
attributable to the Prapeny which cam attain priority over this Security Instrument, leasebold payments or
ground rents on the Property. if any. and Community Association Dues, F=. and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Sectuiry Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lendar, WE 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
enforcernmit of the lien while those proceeding are pending, but only until such procmd1up are concluded;
or (c) secures from the holder of the lien eta agreetneut satisfactory to Lender subordinating the lien to this
Security Instrument If Lender determines that any parr of the Property is subjecr to a lim which can attain
priority over this Security Instrument, Leader may give Borrower a notice idemifyiop the lien. Within 10
days of the date on which that notice is given, Borrower shalt sad* the lien or take one or more of the
actions set forth above in this Section 4.
I.erxier may require Borrower to pay a one-time charge for a real estate tax -verification and/or reporting
service used by Lender in connection with iltis loan.
5. Property Insurance. Borrower shall keep the irapravements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within ft term "extended coverage," and any other
hazards including, but not limited w. earthquakes and floods, for which [endear requires insurance. This
inswarice shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lauder 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_ bender may require
Borrower to pay, in connection with this Loan, either (a) a one-time charge for floors zone determination,
certification and traeldng services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determiation or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
-I??
dM4XPA) scene) Page 60f is Faint 3038 t/Ot
BuK 1851 PG3707
1 i113r2oo9 1:54:20 PM CUMBERLAND COUNTY Inst.# 200402315 - Page 6 of 19
Nov-13-2009 03:41pe From-
r2?L? .•T: 11?9Y'4V-...e VLL
If Borrower fads to maintain any of the coverages described above, Leodcr may obtain intsuran",
coverage, at lender's option and Borrower's expense. L.cnder is under no obligation to purchase any
particular type or amount of coverage. 'i'herefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk. hazard
or liability and might provide greater or lesser coverage U= was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might siofitaotly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Std 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 insurance policies required by Lender and renewals of such policies shall be subjcct to Lander's
right w disapprove such polities, shall include a standard mortgage clatnse, and shall name Lendt r as
mortgagee and/or as an additional loss payee. Lender shall have the right to bold f>:e policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all mmipts of paid premiums and
renewal notices. ff Borrower obtains any form of insurance coverage, not otherwise required by Lead", 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 m the insurance canner and Lender. Lander may
umke proof of less 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 Lander, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Leader's security is not lessened. During such repair and restoration period, Leiner shall have the right w
hold such insurance proceeds until Lender bas 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.
Leader may disburse proceeds for ohs 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 cot be required to pay Borrower any imerest or
earnings on such proceeds. Pees for public adjusters, or other third parties, reraived by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. It' the restoration or repair Is
not economically feasible or Lender's security would be lesstncd, the instuwce proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with rho excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Smtion 2.
If $orrower absnxlons the Property, Linder may file, negotiate and senile any available irLmrance claim
and related matters. If Borrower does nor 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 rfgltts 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 Borr ower) 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 m repair or restore the Property or to pay amounts unpaid tinder the
Note or this Security Instrument. whether or not then due.
.1.111?Ao
?-8(PA) moos) PMW 7 or A Korn SM i/ht
BK 1851 PG3708
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T-2T2 P.020/036 F-022
6.Oecuponcy. Borrower sball occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security hvtnunent and " conti tue 10 oecnpY the PropcttY as
Borrower's principal residence for at least one year after the date of ooaipwY. unless Leader otherwise
agrees in writing, which conmu shall not be uravasonably withheld. or unless exiclIusting cnyumstn„m
exist which are beyond Borrower's control.
7. Preservation, Maintenawice and Protection of the Property; Inspectiow. Borrower shall 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
tre Property it= aecertoraiing or aecreasmg m vatue cue to its mention. unless a is determined pursuant w
Section S that repair or restoration is not economically feasible, Borrower shall pioWdy repair the Property if
damaged to avoid ftirther deterioration or damage, if bmiraaee or condemnation proceeds are paid in
connection with damage to, or the talong of, tie property, Borrower shaU be responsible for repairing or
restoring the Property only if hoarder has released proaxds for sucb purposes. L.-nder 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 iwuraace or condemnation proceeds are not sufficient to repair or restore; the Property,
Borrower is not relieved of Borrower's obligation for the cooupletion of such repair or restoration.
Under or its agent may m2k c reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Ltmdcr 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 me Loan application process,
Borrower or any persons or entities acting at the direction of Borrawcr or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to I coder (or fatted to
provide Lender with material information) in connection with the Loan. Material repromatadons include, but
are not limited in, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of loader's lowest In the Property and Rights Under this Security lnstrnmunt. If
(a) Borrower tails to perfazm the covenants and agreements contained in dais SecMiry Mstrument, (b) there is
a legal proceeding that might significantly affeet Lender's interest in the Property and/or rights wrier this
Security Instrument (such as a proceeding in baohnptcy, 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
lnartrmetni, including protecting and/or assessing time value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Iastru; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in d= property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the property inchxtes. but is tint 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 tutted on or off. Although
Lender may take action under this Section 9. ImAa does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not micing any or all actions authorized
under this Swtion 9.
la 1M
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Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower
secured by this security tastrameau. 'Chew amounts shall bear inures[ at the Note rare from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payrnent-
If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leudar
agrees to the merger in writing.
10. Mortgage Insurance. If Lander required Mortgage Instua= as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage lnsuraauce in effect. If, for any reason,
the Mortgage Insurance coverage required by Leader ceases to be available from the martSW insurer that
previously provided such itmrance and Borrower was rNuiral w umko scpwatdy designaeed paymanrs
toward the 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 L curler. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue w pay w Lender the an=% of the separately dcsignaud payments that were due when the insurance
coverage ceased to be in effect. Fender will accept, use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Such loss reserve shall be ton-refundable. notwithstanding the fact that
the Loan is ultimately paid in M. and Linder shall not be required to pay Borrower any Weru or rarnings
on such loss reserve- Lander can no longer require loss reserve payments if Mortgage 1usaranee coverage (in
the amount and for the period that Lender requires) provided by an iasoret selected by Lender again becomes
available, is obtained, and Lender requires separately designated payn%enat toward the premiuun for Mortgage
Insurance. If Lander required Mortgage Iasurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premium for Mortgage Innauce, Borrower
shall pay ft premiums regt ued to monsam Mortgage Insurance m effect, or to provide a non-refmdable loss
reserve, until Lender's requirement for Mortgage Insurance ends inn accordance with any written agreement
between Borrower and LAmdcr providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the .rate provided in the Note.
Mortgage hasuraace reimburses Lender (or any erdty than purtbeses the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a parry to the Mortgage Insurance.
Mortgage minters evaluate their total risk on all such in uran a in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. new agreements are
on terms and cnmditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage izts,= may have available (which may include Ads obtained fmrn Mortgage Insurance:
Premiums).
As a result of these agreements. Lender, any IRUtrhavrr of the Nme, another insurer, any rninstiror, auly
other entity, or any a('hliax of any of the foregoing, may receive (dirwdy or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mort ge Insurance, in exchange
for sharing or modifying the mortgage insurer's risk. or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsura i:c.' Further:
(a) Any such agrements will not afleet the amounts that ]Borrower hits agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not thane the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
OWPA) eppaa
Paps o or 16
BK1851PG3710
""Ift
Form 3039 7107
i w13f2009 1;54;20 PM CUMBERLAND COUNTY InstS 200402316 - Page 9 of 19
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T-272 P.022/036 F-022
(b) Any such 2greameaft will not affect the rights Borrower bas - if say - with respect to the
Mortgage Insurance under the Homeowoen protection Act of 1998 or any otber law. That rigbb May
LactuJe Llic &;O&L lu ie%,e;re ,.chain dualueutea, tv ecyuwt wud ur "hk cancdlatim of the McAme
Insurance, to have the Mortgage Insurance terminated au tamatiLIMy, andlor to receive a refund of any
Mortgage Lauraoee premiums that were unearned at tit that of sueh cancellation or tormhwAon.
11. Assigmnent of Mwel aneous Proceeds; Forfelture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is econon ieaRy feasible and Lender's security is not lessened. Deering
such repair and restoration period, Lender shall have the right to bold such Macenamous Proceeds until
Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Igadcr's
satisfaction, provided that such inspection shall be undertaken promp*. Lender may pay for tit repairs and
nwtvratioa in a single disbursemem or in a series of progress paymtama as the work is completed. Unless an
agreement is made in writing or Applicable Law requites inorest to be paid on such Miscellaneous Proceeds,
Lender shallot be required to pay Borrower any interest or earnings on such Miaoellavcow Proceeds. If the
restoration or repair is not economically frmible or Lender's security world be lessetrad, the Miseellancom
Proceeds shall be applied to the sums secured by Otis Security bsttutaent, whether or not then due, with the
excess, if any, paid to Borrower. Such Mitc ellancans Proceeds shall be applied in the order provided for in
Section 2.
In t>tc 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 hat uuent, 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 Me Property in which the fair market
value of the Property immediately before the partial taking, destruction, or less in value is equal to or greeter
than the amount of the sums swmnd by this Security Instrument hmmeftw4 before the partial tahdns,
destruction, or loss in value, unless Borrower and Lender otherwise agiae in writing, the sums secured by this
Security Inshw= shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured itamediatoly before tin partial aft. 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 evean of a partial taking, destruction, or loss in value of the Property in wbich the fair market
value of the Properly immediately before the partial taldog, destruction. or loss in value is less than the
amount of the m= secured immediately before the partial taking, desuuetioe, or loss in value. udm
Borrower and Lender otherwise agree in writing, the Miscellaneous Pmceeiis shall be. applied to the sum
secured by this Security Waumew whether or not the mm are then due,
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as dewed in the text sentence) offers to make an award to settle a claim. fur damages, Borrower fails
to respond Lo render wIddu 30 days alter dw dam am LULiL= i.Y yiveu. LcWci " a.ad.os;iAd to aollret and
apply the Miscellaneous Pr=ads either to restoration or repair of the Property or to the sums secured by this
Seemly Instrument, whether or not then due. 'Opposing Party" mesas the third party that owes Borrower
Mist 2aum 1s 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 Property or otter material impairment of Lender's interest
in the Property or rights uaft this Sexnrity Insmmxnt. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding m be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or odor material impairment of
u+eawc:
QVKPpl taaoel ransom to Form 9039 IA1
ex 185 1 PG37 l 1
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Nov-13-2009 03:43pm From-
T-2T2 P.023/036 F-022
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 unpairment of lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All MiscellanWO Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for
payment or modification of emvrtizati0n of the sums secured by t1tis Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in IAtemst of Borrower. Lt nder shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to emend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any denatul 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. I?ender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount tbat due, sball nor be a waiver of or preclude the
exercise of any right or remedy,
13. Joint and Several Liability; Co signers; Successors wd Assign Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who
co-signs this SecLulty Instrument but does rut r=actrrr the Now (a "co-sigoer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-sig'ner's bntoreat is the Property under the terms of this
Security Instrument; (b) is nit personally obligated to pay Lbe cams 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 lnstrtmoent or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrowex who assumes Borrower's
obligations under this Security Instrument m writing, and is approved by Landar. shall Obtain aB of
Borrower's rights and bewfiits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender sum to such release in
writing. The covenants and agreemants of this Security Ins1 to=t shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender,
14. Loan 0arges. Lender may charge Borrower fees for services per7brmed in conroction with
Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property iinpee-'lion and valuation fees. In
regard to any other fees, the absence of express authority in this Security lastfnmmt to charge a specifk fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly protabirt d 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 d2e Loan exceed the
permitted limits. rhea: (a) any such loan charge shall be reduced by the amotmt namsary to reduce the charge
to the permitted limig and (b) any sums already collected from Borrower which weeded permitted limits
will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under
the Note or by tag a direct paytmeit to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepaymm without any prepayment charge (wheel of or not a prepayment charge is
provided for under the Note). Borrower's acaptanee of any such refund made by direct payer to Borrower
will constiture a waiver of any right of action Borrower might have arising eat of simb oven harge.
uenrs:?_?
ata(PA) tool Page i t of to Farat 3039 1Ai
nIX1851PG3712
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T-272 P.024/036 F-022
15. Notiem. All nntir x given by RnrmwOr nr T miler in connertion with tbis Security Instrument amps
be in writing. Any notice to Borrower in connection with this Security InstruraLMt shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered tD Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowcrs unless
Applicable Law expressly requires otherwise. Ttie 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 repotting Borrower's change of
address, then, Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument 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 tutless I nder
has designated another address by notice to Borrowerr. Any notice in connection with ibis Security Instrument
shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law. the Applicable Law requirement will satisfy
the corresponndiag requiremmnt under this Security Instrument.
16. Governing Law; Severabilitj; Rides of Coamwilon. This Security limument sball 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 implieidy allow the parties to agree by conty= or it uugbt be silent, but
such silence shall not be construed as a prohibition against agrcrmeat by eonsaet. In the event that any
provision or clause of this Security Imatiment or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the N= which can be given effect without the
contliedug provision-
As used in this Security Instrument: (a) words of the masndim gendvx shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular sball mean and
include the plural and vice versa; and (c) rbe word "may" gives sole discretion without any obligation to take
any action.
17. Borrawes's Copy. Borrower shall be given one copy of the Now and of this Security Imtrumcm.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest In the Property. lirludiag, but rat limited to,
time bene@cial interests transferred in a bond for dead, contract for deed, 9nsWiment sales contract or escrow
agtecmcat, the invent of which is rte transfer of We by Borrower at a future date to a purchaser.
If all or any part of the property or any lawrest 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) wimatt Laxler's prior written
consent, Lender may require immediate paymeat m full of all suois secured by this Security hutru neat.
However, this option shall not be exercised by Lender if such exezciae is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of am:eRntion. The notice 144
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower wrist pay all sums secured by this Security Instrument. If Borrower fails to pay that
sums prior to the expiration of this period, Lender may invoke any remedies permitW by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
lieurower shall have the right to have enforcement of this Security Instrument discontimned at any time prior
io rue earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinsaw; or (c) entry of a judgment enforcing this Security Insrrlmirnc. Those conditions arc that
Borrower: (a) pays Lender all sums which then would be dne under this Security hmumcni and fire Note as
if no acceleration had occurred; (b) cures arty def Cult of any other covenants or agreements; (c) pays all
wdaj :
(WPA) Nome Pape 12 of to Form an 11b1
BK1851PG3713
11113/2009 1:54:20 PM CUMBERLAND COUNTY lnstI 200402316 - Pane 12 of 19
Nov-13-2009 03:44pn Froa-
T-272 P.025/036 F-022
expenses incurred in enforcing this Security Instrument, including, but, not lmlirtd to, reatonable attorneys'
fees, Property inspection and valuation fees, and other fees incurred for the purpose of protecting L dcr's
interest in the Property and rights under this Semrity Instrument; and (d) takes such action as Leader may
reasonably require to assure that Leader's inures[ in the Property and rights tinder this Security lnstrua?ttt,
and Borrower's obligation to pay the stuns secured by this Security Instrument, shall continue unchanged.
Lendex may require that Borrower pay such reinstatement tutees and expenses in cone or more of the following
forms, as selected by lender: (a) cast[; (b) money order; (e) certified check, bank- cheek, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whove deposits art insured by a federal
agency, insmlmemality or entity; or (d) Electronic Funds Transfer. Upon reimixterpew by Borrower, this
Security Instrument and obligations secured bereby shall rcmam fully efibetive as if no acceleration had
occurred. However. this right to reinstatc shau not apply in me case of acceleration under Set don 18.
20. Sale of Note; Change of Loan Sa vktr; Notice of Gdevance. The Note or a partial interest in the
Now (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 'Lem Servicer') the! colleen 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. That also might be one or more cbanges of
the Lou Servicer unrelated to a sale of the Note. If there is a change of the Loan Servieer, Borrower will be
given written notice of the change which will state the name and address of the new Lan Servicer, the
address to which payments should be made and any other information RESPA regnirexs is connection with a
notice of transfer of servicing. If the Now 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 fr(an the other parry's actions pursuant to this Scctu4
Instroment or that alleges that the other party has breached any provision of, or any duty owed by rum of,
this Security Instrument, antic such Borrower or Lender bas notified the other party (with such notice given in
compliance with the requirements of Section 15) of sucb alleged breach and affmdal the ocher party herein 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 acceieratson aau opporlnrnuy to care given to borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed tD
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21- (a) "Hanr&4x Substances' are those
substances defm!d as toxic or hazardous substances, pollutarva, or wastes by Envirom»enral Law and the
following substances: gasoline, kerosene. Cher flamrr>able or toxic petroleum products, to* pesticides and
herbicides, volatile solvents, materials containing asbesms or formaldehyde, aW radioactive materials; (b)
"Environmental Law" ratans federal laws and laws of rite jurisdiction whcrc the Property is located that relate
to health, safety or environmental protection: (c) 'Environmental Cleanup" includes any response action,
tetrtedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
HCalcm
-8(PA) Owe) Pew 1a a 15 t=PmM1 -VM 1J01
BK1851PG3714
111132D09 1:54:20 PM CUMBERLAND COUNTY Inst# 200402316 - Page 13 of 19
Nov-13-2009 03:44pm From-
T-272 P.026/036 F-022
Borrower shall not cause or permit the presence, use, disposal. storage, or releW of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the property. Borrower shall not do,
nor &Dow anyone else to do, anything affecting the Property (a) that is m violation of any Fmirmnenutl
L.aw, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, crates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage as the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriam to normal residual uses and m mah mance of
the property (including. but not limited to. hazardous substances in consumer products).
Borrower sball promptly give Lender written ao&x of (a) any invcstigadon, claim, demand. lawsuit or
ocher action by arty governmental or regulatory agency or private party involving The Property and any
Hazardous Substance or Environmental Law of which Borrower bas actual larowledge. (b) any
Envirom nemtal Condition, including bur not limited to, any spWirug, leaking, discbargo, release: or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affem the value of the Property. if Borrower leahus, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affectmg tic Property is necosuU, Bonvwer shall promptly tare all necessary remedial
actions in accordance with Envirorrmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Clmuup.
NON-UNUK)RM COVENANTS. Borrower and Lender firrther tovenaw and agree as follows:
2Z. A.ccdtuon; Remedies. Lender shall live notice to Borrower prior to accdaatiam following
Borrower's breach of any covenant or agrecumtt in this Security Instrgmcat (but not prior to
acceleration under Section 19 unless Aprplicable Law provides otherwise). Lemler gall notify Borrower
of, unary other tbindth (a) the dsfaulti (b) the aetlen roqutred to sure the dt:lsW" (e) urban tie default
must be cured; and (d) that farlco a to cure the deftarlt aS specified any rtscuit in acceleration of the
sum secured by this Sccwity Instrunieat, rOvelasum by JudkW praceedithg aid sale of the Property.
Lender shalt further inform Borrower of the right to reinsta tc athw stor der>,doti and the right to asses
in the foreclosure promil r C the non-odshmes of a dellault or any odx r defense of Borrower to
acceleration stud forteclosav. If the ekfm* is not cured as specified, Lender at its option may require
hunedim payment in flail of an sums secured by thus Security Instrument w0out further demand and
may Forecia" this Security Instrunwat by judicial proeoedng. Lender shall be erht W to collect all
expenses h=7,ed in lwrsning the remedies provided in this Section 22, including, btu not limited to,
attorneys' foes and costs of title evidences to the coot permitted by Applicable Law.
2-1. Release. Upon payment of all sums secured by tics Security Instrummt, this Security instrument
and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and
satisfy this Security Imumment. Borrower shall pay any recordatiou costs. I ander may charge Borrower a fee
for releasing this Security Insttumenn, 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 procexdiags to enforce this Security Instrument, and hereby waives the benefit of any present or
fumm laws providing for stay of execution, extension of tithe, exemption from anachmear, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstste provided in Section 19 shall extend to one hart
prior to the commencement of bidding at a sberitra sale or other sale pdusuent to this security Instrument.
26. Burch we Money Mortgtuge. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Pmparty. 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 mortgage foreclosure shall be the me payable from time to time under
the Note.
lyd6M
(IMS(PA) (0008) Pqp 14d 76 Form 3M 11b7
8K 1851 FG3715
9 71'1 ,Vnnnq 9.sn.?n Pun CUMBERLAND COUNTY Inst# 200402316 - Pane 14 of 19
Nov-13-2009 03:45pm From-
T-272 P.027/036 F-022
BY SIGNING BELOW. Borrower accepu and agrees to the m= and covenants cotttkWed in this
Sw,nty Imm meat and in any Rider execrated by Borrower and recorded with it.
witnesses:
x?' cs??
XEV= R RARTY 199
(sue)
-Rormwcr
W(PA) 1W1
-, (Seal)
-Borrowor
_ (Seal)
-80rrowcr
_ (Seal)
.Borrower
_ (Seal)
.aorr,ower
_ (Seal)
-Bmmwcr
(sea)
-Boumnr
Pao 15 a is
UK 1851 PG37 16
Form 9089 1A7
ZviAll0n 1 1•.94.90 pM CUMBERLAND COUNTY InSL# 200402316 - Page 16 of 19
Nov-13-2009 03:45pm From-
Certificate of ReWdem
T-272 P.028/036 F-022
1, Karen Tanis , do hereby terrify mat
the correct address of the wiftwnamed Mortgagee is
3232 Newmark Drive, Miamisburg OH 45342
Witness nV hmld this 7th day of January, 2004
Agent of WnpSee
COMMONWErA,LTH OF PENNS'YLYANIA, county 53:
On this, the day of py . before ute, the
=lersigted officer, personally appeared( 1 0 i
known to me {Or
satisfactorily proven} to be the personjo whose tnmeW islaaa subscr'be4 w the within in=um= and
acknowledged that hehlt Mcy ==W the sa= for the Mmposm herein enntain<Yl
IN WITNESS WHEREOF, I hemmto set my hand and official seal.
My Commission Expires:
NOTAR1Alr SEA
JODY GOl.DRlNG, Notary Publi.
C'?y of Flartfs fg. > "hin Ca., PA
My Commission Expires Nov. 0 03. W
RAI*
'?APA)
40
Pop Is cc 16
BK1851PG3717
Fern 30.49 IX"
111132009 1:54:20 PM CUMBERLAND COUNTY Inst.lt 200402316 - Page 16 of 19
Nov-13-2009 03:48pm From- T-272 P-029/036 F-022
Fidelity National Title Insurance
Company of New York
Commitment
SCHEDULE C
Legal Description
ALL THAT CERTAIN tract of ground situated in Lower Frankford Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point in the center line of public road S. R. 944, known as Enola Road,
which point is in the southwestern comer of land now or formerly of Edgar E. Hoover;
thence along a line on Enola Road, North 81 degrees 31 minutes 02 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 1,097.54 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
36 degrees 30 minutes 15 seconds East, a distance of 250.65 feet to an iron pm; thence
along the existing fence line of land now or formerly of Edgar E. Hoover South 01
degrees 38 minutes 13 seconds West, a distance of 242.14 feet; thence continuing South
02 degrees 24 minutes 28 seconds West, a distance of 886.79 feet to a point at the place
of BEGINNING.
CONTAINING 10.072 acres and being designated as Lot Nn..3-A of the Final
Subdivision Plan of Keith R. Bartles which plan is recorded in the Cumberland County
Recorder of Deeds Office in Plan Book 871) Page 62.
UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations,
conditions and rights of way of record.
Manufacturers Home Information: Model 2002 Pine Grove No. G1999 313D/2
Bath, Serial No.: GP45210 AB
BEING THE SAME premises which Kevin R. Bartles and Lucinda K. Bartles, his wife,
by their deed dated October 30, 2003 and recorded October 31, 2003 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 260, Page
705, granted and conveyed unto Kevin R. Bartles, a individual man. MORTGAGOR
herein.
BK1851FG3718
CUMBERLAND COUNTY ?'_--- Ipst# 200402316 - Page 17 01 19
11 !i WnM 1 :54:29 PM
Nov-13-2009 03:45pm From- T-272 P.030/030 F-022
uuull3Dbv*
CONSTRU"ON/PERMANENT RIDER O IG11V
THIS CONSTRUCTION/PERMANENT RIDER is made this 9th day of Jaanamy , 2004
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust
or Security Deed (the "Security instrument") of the samedate given by the undersigned (the
"Borrower") to secure Borrower's Note to National City Mortgage Co dba* (the"Lender") of
the same date and covering the property described in the Security Instrument and known as.
*Eastern Mortgage Services
3668 KNOLL RD, NBSiVILLE, PawwAvaaia 17241
Cumberland
(property Address Including County)
ADDITIONAL COVENANTS: In addition to the covenants and agreements made in the Security
Instrument and Note, Borrower and Lender further covenant and agree as follows:
1. Borrower and Lender have executed a Construction/Permanent Loan Agreement of even date.
The terms of said Construction/Permonent Loan Agreement unless otherwise stated are incorporated
herein by reference.
2. Borrower as owner, will construct a residence in accordance with the plans and specifications
set forth in the Construction/Permanent Loan Agreement on the real property described in the Security
Instrument.
3. Construction of the residence set out above shall be completed on or before 6/28/2004 ,
. If construction is not completed on that date, upon request of Lender, Borrower agrees to
execute a modification agreement in form and substance satisfactory to Lender.
4. Borrower agrees that during the time of the construction of the Improvements as set forth in
the Construction/Permanent Loan Agreement, interest only will be charged on the amounts of the Loan
actually disbursed. Upon completion of construction of the Improvements, but in any event no later
than 6/28/2004 , , whether or not the construction of the Improvements is completed,
Borrower agrees to matte payments of principal and interest set forth in the Note.
5. Borrower agrees that the proceeds of the loan evidenced by the Note will be disbursed pursuant
to the ConstructionlPermanent Loan Agreement and Borrower further agrees to provide Lender with
all documentation required under the Construction/Permanent Loan Agreement prior to requesting any
disbursement.
6. Borrower agrees that this Construction/Permanent Rider will be null and void upon completion
of the construction of the Improvements and/or the beginning of the amortization of principal as set
forth in the Note and in any event at the time the loan is sold in whole or in part to Federal National
Mortgages Association, Government National Mortgage Association, Federal Home Loan Mortgage
Corporation or any other purchaser which so requires.
NCM Form 1136
4196
BK 1851 PG37 I.9
11 /13!2009 1:54:20 PM CUMBERLAND COUNTY insl.0 204402316 -Page 18 of 19
Nov-13-2009 03:46pm From- T-172 P.031/036 F-022
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Construction/Permanent Rider.
:g".+"Z-pe g (Seal) (Seal)
REVIM It DA ALES Bulruwel Owl IVYYG"
(Seel) (Seal)
Borrower Borrower
GU?t s?
I Certify this to be recorded
In Cumberland County PA
,I .
*N_.
ReCOTdcr of Deeds
8K 1851 PG3720
1111312D09 1:54:20 PM CUMBFRI-AND COUNTY Ing;L* 200402316 - Page 19 or 19
Nov-13-2009 03:46pm From- T-272 P.032/036 F-022
?K14 -1z fc
VES1A LAND TRANSFER
WQQDCREST CORPORATE CENTER
111 WOODCREST ROAD
CHERRY HILL, NJ 08003
O`7 r I Da-75
prepared by: Deborah Maddox
III Wooderest Road
Cherry Hill, NJ 08003
Telephone # : 856 669 5718
FIN # 14-05-0419-027
LN # 2000244768
M.TU # 07030113
By: Deborah Maddox
ASSIGNMENT OF MORTGAGE
FOR vALUE RECEIVED, the receipt and sufficiency of which am hereby acknowledged,
National City Mortgage Company d/b/a Eastern Mortgage Services ("Assignor"), hereby
assigns, grants, transfers and sets over, unto
Saxon Mortgage Services, Inc
its successors and assigns ("Assignee"), all of its right title and interest in and to that certain
Mortgage, together with the indebtedness secured thereby, in the original principal sum of
S12u.000 dated 1/9/20041 and recorded 1/21/2004 among the Records of the Root rder of
Reeds for Cumberland County, State of Pennsylvania, in Book 1851 FaQe 3702 Ins& # n/a
from
Kevin R. Bardes, Individual Man
To
National City Mortgage Company d/b/a Eastern Mortgage Services
who Assigned to n/a herein on n/a covering premises lying and situated in the County/City and
State aforesaid, the improvements thereon being known and designated as
3668 Euela Road
Newville. PA 17241
TOGETHER with all right title and interest of Assignor in and to all collateral loan documents
and rights relating to said Mortgage.
TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns, to its and
their proper use and benefit forever.
U 14WLVUa 1;04:JN P- i.UM15CM ND ?,OUNTY Inst.0 200733714 rage a of;
Nov-13-2009 03:46pm From- T-272 P.033/036 F-022
r '.
IN WITNESS WHEREOF, the Assignor has caused these presents co be duly executed by its
proper officers under seal this _16th_ day of _July • 20 ...07.
ATTEST: National City Mortgage Company d/b/a Eastern Mortgage Services
rY BY:_ .
BY: 1-;
Namc; Mendy Munde Name: Rebecca J. Brown
Title: Authorized Signer Title: Asst. Vice President
1 CERTIFY that the correct address of the within-named Assignee is:
4708 Mcraantile Drive N, Ft Worth TX 76137
Signatory: !??'r ?"""
Rebecca J. Brown, Asst. Vice President
State of Ohio
County of Montgomery ( SS
Be it rein embered, that on this _I 6th day of July , 20 _07_, before me. the subscriber,
personally appeared -Rebecca J. Brown
and Mendy Mundey , who are the -Asst. Vice President and Authorized Signer
respectively of the Assignor herein, who signed the within instrument and acknowledged that
they signed , sealed with the corporate seal of the corporation and delivered the same as such
officers as a voluntary act and deed of such corporation, made by virtue of a Resolution of its
Board of Directors.
Notary Public,
My Commission Expires:
LORI AN WMIK>i, Nctary Public
la>tndiertlta Stab 910hb
ay tnma>issioa 13?pitesl?n.28,1949
Prepared by: Deborah Maddox
0002736605
11m,wrinq 1'54',14 PM GUM0ERV4Q CCQVNTY 9nst.x 200733714 • Page 2 014
Nov-13-2009 03:46po From-
T-272 P.034/036 F-022
ALL THAT PARCM OF LAND IN To.WNSMP OP LOWER PRANIGP IW C[JIv1EfF.RLANTI COU frV. STATE OF
IDS 14-05-041*40. BEING KNOWN
pWN1SYLVANTA, A5 MORE FULLX phSCiLIDF.D II4 DE9I? BOOIL 260, PACE 7fl5,
AND D=GNATSD AS BE(iDORNO AT A p onrr YN TH6 CANER Lm OF pUB1..1C R£) 4D LA
WfIICH poW Lg Uq nm souTHWBSTMN CORM OF LAND NOW OAFORMEBL
RT(10AT} AT) E ALONG A Ly jOF PNOLA ]ROAD NORTH &I DEGpjES 31 MW LrjBs l ?:mV5 N>M, T A DISTANCE Or 370.41 ompmsm
MT TO A POINT; THENCE ALONG LANDS NOW OR polMMY OF KW W R. BARII.ES NORTH a LANDS
--y r,JUM 18 5ECO1 M FAST A DISTANCE OF 109754 FEF.'+T TO AN IRON PIN; THW4M CONM
NOW OR FORMMY OF M)CIAR. D. BARTTJ> S ESTATE SOUTH 36 DECIREES I8 MINUTES 55 WX0NOS EAST A
DISTANCE OF 158.42 FEET TO AN IR DN PW. TIMN1CE SWM SS DEGRHBS 3 MINUTES L?15 (Xr LAND NOW OR SECONDS WTA
DISTANCE OF 250.65 FLT' TO AN IRM FIN. TFiE WE ALONG TFIE E]USTE`i
gO LY OF WGARE. HOOVER SOUTH I DBtiRB.t!8 32 MINIM 13 SECONDS WEST A MSTAMM OF 242.14 FM ;
THENCE CaI TlINM(3 SOUTH 2 DSORMS 24 MI1+V-= 29 SBCONDS WgST A DISTANCE OA 226.79 FEET TO A POINT
AT THE K AM OF BEG> G.
CONTAD4NG 10.072 ACRES AND DEING DESIGNATED AS JOT 3-A OF TIM FD" SUBDIVISWN MAN OF KEW R.
BART1.1r.S WHICH PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORMR OF DSE65 OFFICE IN PLAN BOOK
X22 PAGE 62.
TED
D= FROM MIN B. BAiC'1T.ES AM Lt]CINDA K. EABLTI$ AS SET FORTH IN D9RD BOOK 260. PAGE 705 DA
ip1301JW3 AND RECORDED 10131x1003. CtNMERLAND COi MV RFCORM COOAONWEALTH OF PENNSYLVANIA,
page 4
C,UMSr=RLAND COUNTY In9tA 200733714 - Page 3 014
11113/2009 1:54:34PM
Nov-13-2009 03:47pm From-
ROBERT X'. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200733714 *Total Pages - 4
Recorded Oh g/29/2007 At 10.35:17 AM
* instrument Type - ASSIGNMENT 41F MORTGAGE
Invoice Number - 3303 User 13) - KW
* Mortgagor - NATIONAL CITY MORTGAGE COMPANY
* Mortgagee - SAXON MORTGAGE SERVICES WC
'Customer - VESTA LAND TRANSFER
T-2T2 P-035/036 F-022
* FEES Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO
$10.00 !+
DO NOT DETAC14
JUSTICE
RECORDING FEES -
EEDS $11.50
This page is DOW Part
RECORDER OF D
COUNTY ARCHYVFS ME $2.00 of this legal document.
ROD ARCHIVES FEE $3.00
$27.00
TOTAL PAID
I Certify this to be recorded
in Cumberland County PA
1LECORDER O D EDS
nao
• - Information denoted by art ssteri+k may Change during
the verification process and may not be reflected on this page.
11111111111
CUMBERLAND COUNTY InsL# 200733714 - Page 4 of 4
11113l2009 1:54:34 PM
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _ ~ ,.-.-, ., _:..,. r
Sheriff ,;~ r~ -
~,tit„ a~ ~~tuil~~,r~ ~` ~ i `.- ~n1~
-~.~~~,
Jody S Smith ~:~ T~~
Chief Deputy .. ~ ~ ~ ` ~ -~ -~ <
Edward L Schorpp
Solicitor ~~ G ,~ r G :..~Fifi~ C~il '. ~ ~ ; ~. ,
;~`~'
i__.. m~;,, .~
FV1
vs. Case Number
Kevin R. Bartles 2010-1726
SHERIFF'S RETURN OF SERVICE
03/15/2010 07:17 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15,
2010 at 1917 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kevin R. Bartles, by making known unto Barry Crismore, Occupant at
3668 Enola Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
`,
r
NOAH CLINE, DEPUTY
SHERIFF COST: $38.80
March 16, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
rrj Coun'=,ySuita Snenff, 7eiecsofl. Inr,.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
FV1
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120,
Plaintiff,
Vs.
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241,
Defendant.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
J~"f'
~,
~~ -.~ .
~%~ `,
No.: 2010-1726 ~- ~=
~_
N
o_
C~
`C)
~~,
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-~,
t~
cam:
c~,
.~
Snl
-„ m
'r;t C;J
-? -=,
. 3;"n
..~
PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Kevin R. Bartles, Defendant, for
failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for
Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows:
As set forth in Complaint $125,309.10
Interest 3/6/10 through 04/16/10 876.54
Late Charges 39.42
Additional Corporate Advance 2,784.00
Additional Escrow Advance 372.50
TOTAL $129,381.56
I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above
and (2) that notice has been given in accordance with R e 237.1. copy attached.
~~..
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: ~/i~/~v
---r
PROTHONOTAR
$I~.oo PD -~m/
~~a~ b'~55
{00441535}
~~al,~, l~a~.~~
MILSTEAD & ASSOCIATES, LLC
BY: Mary 1~. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Our file number: 48.11252
FVl, ~ COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
No.: 2010-1726
Vs.
Kevin R. Bartles,
Defendant.
TO: Kevin R. Bartles
3668 Enola Road,
Newville, PA 17241
DATE OF NOTICE: Apri16, 2010
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights. You
should take this 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.
{00438216}
Page I of 2
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
By. Mary L. Harbert-Bell, Esquire
ID No. 80763
Attorney for Plaintiff
{00438216}
Page 2 of 2
,~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FVl, ;CIVIL ACTION
Plaintiff, '
NO.: 2010-1726
Vs.
PRAECIPE FOR WRIT OF EXECUTION
Kevin R. Bartles (Mortgage Foreclosure)
Defendant.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
1. Directed to the Sheriff of CUMBERLAND County; n ~;
2. Against the Defendant(s) in the above-captioned matter; ~ ~~~
m rE ~ c_
~
~~ -"
3. and index this writ against the Defendant(s) as follows: ~ ~' .,, ~.
Kevin R. Bartles ~
~ ~
,„
, ~ ,
~
A
Real Property involved: 3668 Enola Road ~ c ~
Newville, PA 17241
Amount Due
Interest from 4/17/10 to 9/8/10
at $21.27 per diem (6%)
TOTAL
(Costs to be added)
DATE: June 3, 2010
$129,381.56
~ air. ~ v ~~Ll~~~.
3g.8U -~~~~
q~.~~-„„
Respectively submitted, /~• ~ o ~
~ ~r f
Milstead & Associates, LLC
l 7l. 3 v - " `f
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
~'~. ~d ~~
g~~~~
{00459014}
eK~. 7 ~s~s
~ ~y~i~~
J
ALL THAT CERTAIN TRACT OF GROUND SITUATED IN LOWER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS
BEGINNING AT A POINT IN THE CENTER LINE OF PUBLIC ROAD S.R.
944 KNOWN AS ENOLA ROAD, WHICH POINT IS IN THE
SOUTHWESTERN CORNER OF LAND NOW OR FORMERLY OF EDGAR
E. HOOVER; THENCE ALONG A LINE ON ENOLA ROAD, NORTH 81
DEGREES 31 MINUTES 02 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 1,097.54 FEET TO AN IRON PIN; THENCE
CONTINUING ALONG LANDS NOW OR FORMERLY OF THE 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 LINE
OF LAND NOW OR FORMERLY OF EDGAR E. HOOVER SOUTH 01
DEGREES 38 MINUTESI3 SECONDS WEST A DISTANCE OF 242.14
FEET; THENCE CONTINUING SOUTH 02 DEGREES 24 MINUTES 28
SECONDS WEST A DISTANCE OF 866.79 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 DEEDS
OFFICE IN PLAN BOOK K87 PAGE 62.
UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS,
RESTRICTIONS, RESERVATIONS, CONDDITIONS AND RIGHTS OF
WAY OF RECORD.
Being known as 3668 Enola Road, Newville, PA 17241
Tax Parcel Number: 14-OS-0419-027
{00459014}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FV1 Plaintiff (s)
From KEVIN R. BARTLES
NO 10-1726 Civil
CIVIL ACTION -LAW
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $129,381.56 L.L. $.50
Interest FROM 4/l7/l0 TO 9/8/10 AT $21.27 PER DIEM (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $171.30
Plaintiff Paid
Other Costs
Date: JiJNE 7, 2010
(Seel)
REQUESTING PARTY:
Name MARY L. HARBERT-BELL, ESQUIRE
Address: IVILCSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
l
av~ ,Buell, rothonotary
By:
Deputy
Telephone : 856-482-1400
Supreme Court ID No. 80763
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Chevy Hill, NJ 08002
(856)482-1400
Attorney for Plaintiff
2010 JUG -7 ~#~ 8~ ~l~
CUM~~.,,~,~. ,,.~ ,~,,~UN~Y
PEA>JS1'i.1~'~,iy~
FVl, ~ COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
No.: 2010-172b
Vs.
Kevin R. Bartles, ~ AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Defendant. '•
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FVl, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
3668 Enola Road, Newville, PA 17241:
1. Name and address of Owners(s) or Reputed Owner(s):
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
{00459014}
FVl
(Plaintiff herein)
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
5. Name and address of every other person who has any record lien on the property:
None Known
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:
Lucinda K. Bartles
109 Meals Drive
Carlisle, PA 17013
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
3668 Enola Road
Newville, PA 17241
Commonwealth of Pennsylvania
Department of Welfare
P.O. BOX 2675
Harrisburg, PA 17105
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
Carlisle, PA 17013
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
~~
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: June 3, 2010
{00459014}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
A~1t.: ~'~~Y
zo~o.su~ -7 ~~ a: 50
e~~,-- j .44 ; ,~~~
~.
r~E~~;f 4 ,Yf.V~tVi~!
Attorney for Plaintiff
FV1, ~ COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
Vs. No.: 2010-1726
Kevin R. Battles, ~ NOTICE OF SHERRIF'S SALE OF
Defendant. ~ REAL PROPERTY PURSUANT
TO PA.R.C.P.3129
TAKE NOTICE:
Your house (real estate) at 3668 Enola Road, Newville, PA 17241, is scheduled to be sold
at sheriff s sale on September 8, 2010 at 10:00 am in the Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$129,381.56 obtained by FV 1.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To Prevent this Sheriff s Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See notice on following page 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 sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
{00459014}
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner
of the property as if the Sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date
specified by the Sheriff not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
48.11252
{00459014}
ALL THAT CERTAIN TRACT OF GROUND SITUATED IN LOWER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS
BEGINNING AT A POINT IN THE CENTER LINE OF PUBLIC ROAD S.R.
944 KNOWN AS ENOLA ROAD, WHICH POINT IS IN THE
SOUTHWESTERN CORNER OF LAND NOW OR FORMERLY OF EDGAR
E. HOOVER; THENCE ALONG A LINE ON ENOLA ROAD, NORTH 81
DEGREES 31 MINUTES 02 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 1,097.54 FEET TO AN IRON PIN; THENCE
CONTINUING ALONG LANDS NOW OR FORMERLY OF THE 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 LINE
OF LAND NOW OR FORMERLY OF EDGAR E. HOOVER SOUTH O1
DEGREES 38 MINUTE513 SECONDS WEST A DISTANCE OF 242.14
FEET; THENCE CONTINUING SOUTH 02 DEGREES 24 MINUTES 28
SECONDS WEST A DISTANCE OF 866.79 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 DEEDS
OFFICE IN PLAN BOOK K87 PAGE 62.
UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS,
RESTRICTIONS, RESERVATIONS, CONDDITIONS AND RIGHTS OF
WAY OF RECORD.
Being known as 3668 Enola Road, Newville, PA 17241
Tax Parcel Number: 14-OS-0419-027
{00459014}
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~~~
Sheriff r ~F T}f= P~"` ;',~:tin1"AHY
Jody S Smith ~~`tit~t~ ~~ 4ur~~rrr,~~;~
Chief Deputy '~~ . '~ , ,~ `~ ~~~ " ~ AH 9; ~ 3
~~`- , r
Richard W Stewart ~ ~ ~ ~ +, {,_,
Solicitor cr>;,~ ~ -. ti ~~RiFr CUMB~i~n, y~ CQUMY
PENtvSYLVANIA
FV1
vs.
Kevin R. Bartles
SHERIFF'S RETURN OF SERVICE
Case Number
2010-1726
07/01/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6/23/10 at 153C
hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above
entitled action, upon the property of Kevin R. Bartles, located at, 3668 Enola Road, Newville, Cumberland
County, Pennsylvania according to law.
07/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kevin R. Bartles, but was unable to locate him in his
bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND
as to the defendant, Kevin R. Bartles, per Current Resident, Step Brother, Barry Crisamore, deft has been
deceased since February 2007.
08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Harbert Bell on 8/18/10
SHERIFF COST: $803.80 SO ANSWERS, ~
August 27, 2010 RON R ANDERSON, SHERIFF
-~~DaPd-~o-
_ ~ l~ ~~
~~ 7?7/~
~~~~~
{c) Coun:ySuite Sheriff, ieleosoft. Inc.
~ ~ ,
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
FVl,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
No.: 2010-1726
Vs.
Kevin R Bartles, ~ AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Defendant.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FVl, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
3668 Enola Road, Newville, PA 17241:
1. Name and address of Owners(s) or Reputed Owner(s):
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
{00459014}
1
.~
FVl
(Plaintiff herein)
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
5. Name and address of every other person who has any record lien on the property:
None Known
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:
Lucinda K. Bartles
109 Meals Drive
Cazlisle, PA 17013
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant Department of Domestic Relations
3668 Enola Road Cumberland County Courthouse
Newville, PA 17241 13 N. Hanover Street
Cazlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfaze
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein aze
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
~~1' ~,
Mazy L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: June 3, 2010
{00459014}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
FVl, ~ COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
Vs. ~ No.: 2010-1726
Kevin R. Bartles, ~ NOTICE OF SHERRIF'S SALE OF
Defendant. ~ REAL PROPERTY PURSUANT
TO PA.RC.P.3129
TAKE NOTICE:
Your house (real estate) at 3668 Enola Road, Newville, PA 17241, is scheduled to be sold
at sheriff's sale on September 8, 2010 at 10:00 am in the Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$129,381.56 obtained by FV 1.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To Prevent this Sheriff's Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may ca11856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See notice on following page 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 sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
{00459014}
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the mazket value of your property.
3. The Sale will go through only if the Buyer pays the Sheriffthe full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner
of the property as if the Sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date
specified by the Sheriff not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Baz Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
48.11252
{00459014}
ALL THAT CERTAIN TRACT OF GROUND SITUATED IN LOWER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS=
BEGINNING AT A POINT IN THE CENTER LINE OF PUBLIC ROAD S.R.
944 KNOWN AS ENOLA ROAD, WHICH POINT IS IN THE
SOUTHWESTERN CORNER OF LAND NOW OR FORMERLY OF EDGAR
E. HOOVER; THENCE ALONG A LINE ON ENOLA ROAD, NORTH 81
DEGREES 31 MINUTES 02 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 1,097.54 FEET TO AN IRON PIN; THENCE
CONTINUING ALONG LANDS NOW OR FORMERLY OF THE 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 LINE
OF LAND NOW OR FORMERLY OF EDGAR E. HOOVER SOUTH 01
DEGREES 38 MINUTESI3 SECONDS WEST A DISTANCE OF 242.14
FEET; THENCE CONTINUING SOUTH 02 DEGREES 24 MINUTES 28
SECONDS WEST A DISTANCE OF 866.79 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 DEEDS
OFFICE IN PLAN BOOK K87 PAGE 62.
UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS,
RESTRICTIONS, RESERVATIONS, CONDDITIONS AND RIGHTS OF
WAY OF RECORD.
Being known as 3668 Enola Road, Newville, PA 17241
Tax Parcel Number: 14-OS-0419-027
{00459014}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-1726 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FVl Plaintiff (s)
From KEVIN R. BARTLES
(1) You are directed to lery upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you aze directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $129,381.56 L.L. $.50
Interest FROM 4/17/10 TO 9/8/10 AT $21.27 PER DIEM (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $171.30 Other Costs
Plaintiff Paid
Date: JUNE 7, 2010
Dae~Buell, Pr¢thonotary
(Seal} By. I
Deputy
R>/(~UESTING PAR11':
Name MARY L. HARBERT-BELL, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No. 80763
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Frankford Township, Cumberland County, PA,
Known and numbered as, 3668 Enola Road,
Newville, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
~.~ ~~
Real Estate Coordinator
~, , ,:~t
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(i7nder Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 16, July 23, and July 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~~
Li a Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
30 day of July. 2010/~
Gam- ~ .
Notary
~_
NQTARIAL SEAL
DEBORAH A COLLINS
Notary Publk
CARL{SLE BOROUGH, CUMBERLAND COUNTY
M1I Coaiatb~lon Expin~ Apr 28.2014
wdc >f.. ~oiai~rss ca~.n
Fvl
vs.
Kevin R. Bartles
Atty.: Mary L. Harbert-Bell
ALL THAT CERTAIN tract of
ground situated in Lower Franldord
Township, Cumberland County,
Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point in the
center line of Public Road S.R. 944
known as Enola Road, which point
is in the southwestern corner of land
now or formerly of Edgar E. Hoover;
thence along a line on Enola Road,
North 81 degrees 31 minutes 02 sec-
onds 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 1,097.54 feet to
an iron pin; thence continuing along
lands now or formerly of the 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 line of land now or
formerly of Edgar E. Hoover South
O1 degrees 38 minutesl3 seconds
West a distance of 242.14 feet; thence
continuing South 02 degrees 24 min-
utes 28 seconds West a distance of
866.79 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 Deeds Office in Plan Book K87
Page 62.
UNDER AND SUBJECT, never-
theless, to easements, restrictions,
reservations, condditions and rights
of way of record.
Being known as 3668 Enola Road,
Newville, PA 17241.
Tax Parcel Number: 14-05-0419-
027.
... ;. ,
~ftci141(i&i~N
~'' I~UOu ~Y!k.i}'3~s~h, ~'7 .tf:11;0^n.{ty 3 l~'! :AR~~
PtOS ,8S 1pA t9tWx? ;ro~ezimmo3 ~M ~j[
~„Trie Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
cube ~11a~triot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant 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 Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she 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.
PUBLICATfON COPY This ad ran on the date(s) shown below:
e
07/09/10
07/16/10
07123!10
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Sworn to ar~d~scribed before m his 0 day of August, 2010 A.D.
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Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
SheMe L KlSner, Notary public
Lower AaMOn Twp,, Dauphin County
My Commisslon [mplres Nov. 26, 2011
Member, Pennsylvania Association of Notaries
wrn Mo. 20~o-~rls civa Term
Fv~
vs
Kevin R. Bartles
Atty: Mary L. Harbert-Bell
ALL THAT CERTAIN TRACT OF GROUND
SITUATED IN LOWER FRANKFORD
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, MORE PARTICULARLY
BOUNDED ANn DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTER
LINE OF PUBLIC ROAD S.R. 944 KNOWN
AS ENDLA ROAD, WHICH POINT IS IN _
THE SOUTHWESTERN CORNER OF
LAND NOW OR FORMERLY OF EDGAR
E. HOOVER; THENCE ALONG A LINE ON
ENOLA ROAD, NORTH 81 DEGREES 31
MINUTES 02 SECONDS WESTA 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 1,097.54FEETTOANIRONPIN;THINCE
CONTINUING ALONG LANDS NOW OR
FORMERLY OF THE EDGAR D. BARTLES
ESTATE SOUTH 86 DEGREES 18 MIIVUTES
55 SECONDS EAST A DISTANCE OF 158.48
FEET TO AN IRON PIN; THINCE SOUTH
86 DEGREES 30 MINUTES 15 SECONDS
EAST A DISTANCE OF 250.65 FEET TO
AN IRON PIN; THENCE ALONG THE
EXISTING FINCE LINE OF LAND NOW
OR FORMERLY OF EDGAR E. HOOVER
SOUTH O1 DEGREES 38 MINUTESI3
SECONDS WEST A DISTANCE OF 242.14
FEET; THENCE CONTINUING, SOUTH 02
DEGREES 24MINIPIES 28'SECONDS WEST
A DISTANCE OF-866.79 FEET TO A POINT
AT'1HE PLAC~ OF>iEGII3NIN_G.
CONTAIIV@iG 10072 ACRES, AND BEING
DESIGNATED, AS LOT 3-A OF THE
FINAL SUBDPJt'SION'PLAN OF KEITH R.
$ARTLES WHIQ# PLAN IS RECORDED IN
OF DEEDS OFFICE IN'FLAN BOOK K87
PAGE 62: ''
UNDER AND SUBJECT, NEVE1rIfJELESS,
TO EASEMENTS, RESTRICTIONS,
RESERVATIONS, CONDDITIONS AND
RIGHTS OFP7AYOFRECORD:
known as 366$ Eaola Road, Newvilld,
PA 17241 _
Tae P~nxl N~-~er 14-05-0419-027
MILSTEAD & ASSOCIATES, LLC
BY= Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
FV1
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120,
Plaintiff,
Vs.
Kevin R. Bartles
3668 Enola Road
Newville, PA 17241,
71
Attorney for Plaintiff
File No. 48.11252
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2010-1726
Praecipe to Satisfy Default Judgment and
Discontinue and End
Defendant '
TO THE PROTHONOTARY:
Kindly Satisfy the Default Judgment filed on April 19, 2010 in the amount of
$129,381.56 and Discontinue and End the above captioned Mortgage Foreclosure action without
Prejudice.
MILSTEAD & ASSOCIATES, LLC
Mary L. Harbert-Bell, Esquire
Attorney ID No. 80763
{00512446}