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HomeMy WebLinkAbout10-7221 SHERIFF'S OFFICE OF CUMBERLAND COUNTY - -- q Ronny RAnderson -um c=, -a Sherif CID f , of 4Nrtr+trr? = --n Jody S Smith ?? ter` < - Chief Deputy © V :. r Ep Richard W Stewart < ,. Solicitor xC r 2 5c r- Kondaur Capital Corporation Case Number vs. Kevin R. Bartles 2010-7221 SHERIFF'S RETURN OF SERVICE 11/22/2010 08:00 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2010 at 2000 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, by making known unto himself personally, at 3670 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. 11 , ljlz?L wll? - VALE ME WEARY, DEPUTY SHERIFF COST: $38.80 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C; CountySuite Shenff. 7eieosoft. Inc. MILSTEAD & ASSOCIATES, L CTH LP ED-OFFICE BY: Patrick J. Wesner, Esquire ? ? T?? ?? `? ID No. 203145 Q? 7 P?9 ??, 220 Lake Drive East, Suite 301 CUMBERLAND COUNTY Cherry Hill, NJ 08002 PENNSYLVANIA (856) 482-1400' Attorney for Plaintiff Our File No. 48.11252 Kondaur Capital Corporation, a Delaware i Corporation, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7221 Withdrawal and Entry of Appearance WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell, Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Kondaur Capital Corporation, a Delaware Corporation, in the above captioned matter. . MILSTEAD & ASSOCIATES, LLC B J/VSNER, ESQUIRE 203145 MILSTEAD & ASSOCIATES, LLC MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Kondaur Capital Corporation, a Delaware COURT OF COMMON PLEAS Corporation CUMBERLAND COUNTY 1100 Town & Country Road Suite1600 Orange, CA 92868, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner 3670 Enola Road Newville, PA 17241, Defendant. C-) c No.: 10-7221 w rn cn ? .? o 3> C--) xo DC z PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES N 0 W r c.n 0 -n rrnn -v rn =v of --4C3 C :)-n z- CDC) M D TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, 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 $133,418.27 Interest 11/4/10 through 12/29/10 1,147.85 Late Charges 39.42 TOTAL $134,605.54 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 Rule 237.1. copy attached. a06me ne V squire r Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: I - 3'C- ( j ONOTA Y -bc) at? and cl 1 33 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Kondaur Capital Corporation, a Delaware Corporation, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, Defendant. TO: Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner 3670 Enola Road, Newville, PA 17241 DATE OF NOTICE: December 14, 2010 Our file number: 48.11252 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7221 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. {00527118} Page I of 2 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.. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC y: at ' . Wesner, Esquire ID No. 145 Attorney for Plaintiff (00527118) Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Kondaur Capital Corporation, a Delaware Corporation, Plaintiff, Vs. ' Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, Defendant. '. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7221 VERIFICATION OF NON-MILITARY SERVICE Patrick J. Wesner, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, is over 18 years of age and resides at 3670 Enola Road, Newville, PA 17241. Pat W ne , Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7221 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KONDAUR CAPITAL CORPORATION, A DELAWARE CORPORATION Plaintiff (s) From KEITH R. BARTLES, ADMIISTRATOR TO THE ESTATE OF KEVIN R. BARTLES, DECEASED MORTGAGOR AND REAL OWNER (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 $134,605.54 L.L.$.50 Interest FROM 12/30/10 TO 6/1/11 AT $22.13 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $171.30 Other Costs TO BE ADDED Plaintiff Paid Date: 2122/11 David AD uell, Protho - (Seal) By: adLx Deputy REQUESTING PARTY: Name. PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kondaur Capital Corporation, a Delaware ; CIVIL ACTION Corporation, Plaintiff, NO.: 10-7221 Vs. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner Defendant. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: `:: c``' -7 e 1. Directed to the Sheriff of CUMBERLAND County; n n _Um 2. Against the Defendant(s) in the above-captioned matter; C') 3. and index this writ against the Defendant(s) as follows: y Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, D eceak(ri-?_ Mortgagor and Real Owner =~'? Real Property involved: 3668 Enola Road Newville, PA 17241 Amount Due Interest from 12/30/10 to 6/1/11 at $22.13 per diem (6%) TOTAL, (Costs to be added) DATE: February 18, 2011 1005516671 $134,605.54 Attorney lain i y for tff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Respectively submitted, Milstead & Associates, LLC e ,Esquire 4t 44 Sv n &r ?i lN. vu i ?? -GU GGGCC l U pe# J07 /j vvi 4-t .7er4 l.. 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 MINUTES13 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: 14-05-0419-027 {005516671 MILSTEAD & ASSOCIATES, LLC BYA?atrick J. Wesner, Esquire -ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Kondaur Capital Corporation, a Delaware Corporation, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, COURT OF COMMON PLEAS ?:' '.J CUMBERLAND COUNTY No.: 10-7221 , AFFIDAVIT OF SERVICE c PURSUANT TO RULE 3129.1 .-a - Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Kondaur Capital Corporation, a Delaware Corporation, 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): Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner 3670 Enola Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment: Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00551667} 4. Name and Address of the last recorded holder of every mortgage of record: ' Kondaur Capital Corporation, a Delaware Corporation (Plaintiff herein) 1100 Town & Country Road Suite 1600 Orange, CA 92868 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 17015 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 North 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 unworn falsification to authorities. esner, Esquire Attey for Plaintiff Date: February 18, 2011 {00551667} _. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 20 tl FER 22 All 11: rl: " 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002al V l_' (856) 482-1400 Attorney for Plaintiff Kondaur Capital Corporation, a Delaware COURT OF COMMON PLEAS Corporation, CUMBERLAND COUNTY Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, Defendant. No.: 10-7221 NOTICE OF SHERIFF'S SALE OF 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 June 1, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $134,605.54 obtained by Kondaur Capital Corporation, a Delaware Corporation. 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. {00551667} 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. 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 {00551667} 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 MINUTES13 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, NewviUe, PA 17241 Tax Parcel Number: 14-05-0419-027 {00551667} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILE U -C, tr: I ? -4 PM 12:?D Richard W Stewart Solicitor OF- ! CUMBEBLA; 0 COUIr,"FY PENNSYLYAN Kondaur Capital Corporation I vs. Keith R. Bartles Case Number 2010-7221 SHERIFF'S RETURN OF SERVICE 03/09/2011 07:42 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 3668 Enola Road, Newville, PA 17241, Cumberland County. 03/21/2011 06:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DOUG CRISAMORE (STEP SON), who accepted as "Adult Person in Charge" for Keith R. Bartles at 3670 Enola Road, Lower Frankford Township, Newville, PA 17241, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Mary L. Harbert Bell, on behalf of Kondaur Capital Corporation, A Delaware Corporation, 1100 Town & Country Road, Ste 1600, Orange, CA 92868, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $872.53 August 04, 2011 SO ANSWERS, 6?, RON R ANDERSON, SHERIFF S?-) l ??? ? Pte. ,M D t, a 5-,/ Z/ c CMMTyS:l1t0 S^e.'i. Teie: sefl In,, W. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Kondaur Capital Corporation, a Delaware Corporation, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7221 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Kondaur Capital Corporation, a Delaware Corporation, 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): Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner 3670 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 {00551667} ft 4. Name and Address of the last recorded holder of every mortgage of record: Corporation (Plaintiff herein) 1100 Town & Country Road Suite 1600 Orange, CA 92868 Kondaur Capital Corporation, a Delaware 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 17015 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 North 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. Date: February 18, 2011 ?`---P esner, Esquire Att rney for Plaintiff {00551667} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Nondaur Capital Corporation, a Delaware Corporation, Plaintiff, Vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles, Deceased Mortgagor and Real Owner, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-7221 NOTICE OF SHERIFF'S SALE OF 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 June 1, 2011 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $134,605.54 obtained by Kondaur Capital Corporation, a Delaware Corporation. 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. {00551667) 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. 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 {00551667} F 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 MINUTES13 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: 14-05-0419-027 {00551667} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7221 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KONDAUR CAPITAL CORPORATION, A DELAWARE CORPORATION Plaintiff (s) From KEITH R. BARTLES, ADMIISTRATOR TO THE ESTATE OF KEVIN R. BARTLES, DECEASED MORTGAGOR AND REAL OWNER (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 $134,605.54 L.L.$.50 Interest FROM 12/30/10 TO 6/1/11 AT $22.13 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $171.30 Other Costs TO BE ADDED Plaintiff Paid Date: 2/22/11 David D. Bu 11, Prothon (Seal) B Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 TRUE COPY FROM RECORD In Testimony whereof, I he;e unto set my hand and the seal of said Court at Carlisle, Pa. This 2zHay of --l'-4b- , 20.11 _ Prottwnotwy y On March 3, 2011 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: March 3, 2011 By: ?'V Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7221 Civil Kondaur Capital Corporation vs. Keith R. Bartles, Administrator to the Estate of Kevin R. Bartles Deceased Atty.: Mary L. Harbert-Bell 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 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 sec- onds 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 minutes 13 seconds West a distance of 242.14 feet; thence continuing South 02 degrees 24 minutes 28 sec- onds 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under 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: April 22, April 29, and May 6, 2011 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. f isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 011 L _ ?L n=4 NOTARIAL S EAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 "fie Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE cue Patr*0t News Now you know CARLISLE PA 17013 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 05/06/11 Sworn Jandcribed efore me this ?3,eray M , 2011 A. D. Notary Public COMMONWEALTIJ OF PENNSYLVANIA F Notarial Soal Sherrie 1 ft w, Notary Public Lower Paxton 11ap., Dauphin County My COmmiss(w Expires Nov. 26, 2011 Member, Pennsmanla Association of Notades AD That L i ' As At A!'d 1* O!on tine Of ?:??: +)4t lit .+w Edda. CM0 LOW t'Ir Fod: `'±f E? E. I?otwa;'['Aeoss A T.u?ee On EaDIR 02 S ` tr Feet To A K* Akat$ U S& Now Or, FOe4A*',, $• 13es North 0 Dc 3A * Fig East A Da4w Of.1 Iran ft; roim?c No. Or F 01 ? Estate 5atth 86 DOP" f? 55 VMN Ql Al 1b A 1 4 0 39f872 ?, ?' i,at, 3-I'• ]u COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Kondaur Capital Corporation A Delaware Corporation is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 22 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7221, at the suit of Kondaur Capital Corporation, A Delaware Corporation against Keith R. Bartles Administrator tot he Estate of Kevin R. Bartles Deceased Mortgaszor and Real Owner is duly recorded as Instrument Number 201121727. 1q OoeWm E*n to Fiat CAft FA rdJmM IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of