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Home My WebLink About04-5500 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. N4. -~~M rL~\tTEA.w IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the tollowing pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney, and tiling in writing with the Court your defenses or objections to the claims set torth against you. You are warned that if you fail to do so, the case may proceed without further notice tor any money claimed in the Complaint or tor any other claims or relief requested by the Plaintift~ 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 '\THERE YOlJ CAN GET LEGAL HELP. LA WYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOlJSE CARLISLE, PA 17013 (717) 240-6200 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA NO.(')Ll... ,c,Snf) (1lo~Ll~ IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants COMPLAINT 1 . Plaintitl'is Mortgage Electronic Registration Systems, Inc. 2. The Defendants are Michael D. Painter and Cheryl L. Painter whose last known addresses are: Michael D. Painter 2250 Dusty Lane Enola, P A 17025 Cheryl L. Painter j 17 Wye Road Essex. MD 21221 3. The Defendants are the Mortgagors and real owners of the Premises. hereinafter described. 4. ()n April 3. \99X Defendants made. executed and delivered a mortgage upon the Premises hereinafter described and commonly known as 110 Mountain Road. Newville. Lower Miftlin. Township. Cumberland County. Pennsylvania which Mortgage is recorded in the Recorder's Office tor Cumberland County in Book 1445. Page 965. See Exhibit "A" attached hereto and incorporated herein. 5. The Mortgage was assigned to Conti Mortgage Corporation herein by virtue of au Assignment dated April 3, 199R and recorded in the aioresaid Recorder's Office in Book 587. Page 477" a copy of which is attached hereto and incorporated herein as Exhibit "B". 6. The Mortgage was assigned to Christiana Bank & Trust Company as owner trustee It)}" Security National Funding Trust herein by virtue of an Assignment dated June 9, 2003 and recorded in the altm~said Recorder's Oftice in Book 709, P~lge ()()2, a copy of which is attached hereto and incorporated herein as Exhibit "C"". 7. The Mortgage was assigned to Mortgage Electronic Registration Systems, Inc. herein hy virtue of an Assignment dated September 2, 2004 and recorded in the aforesaid Recorder's Oftice in Book 711, Page 2663, a copy of which is attached hereto and incorporated herein as Exhibit "D'". R. The mortgaged Premises are attached as part of Exhibit "A"", 9. The mortgage is in default in that monthly payments of $811.16 are due for the month of June 2001 and for each month thereafter are due and unpaid. Such failure to make monthly payments constitutes a default under the terms ofthe mortgage, entitling Plaintiffto demand payment of the entire principal balance, together with interest. costs and fees. 10. The following amounts are due on thc mortgage: Principal balance: $96,045.24 Interest from 6/15/01 through 9/3/04 $29,334.85 Attorneys fees 10% $13,659.22 Late Charges $632.71 Costs of Suit to date $250.00 Title Search $150.00 Escrow Deficit $10.179.38 Returned Check Fee -0- Delinquent Real Estate Taxes $0.00 Per Diem interest of $24.27 from ()/]/04 accrumg Total $150,251.40, plus accruals II. The attorneys fees set forth above are pursuant to the mortgage documents and will he collected at Sheriffs sale. If the mortgage is reinstated prior to Sheriffs sale, actual and reasonable attorneys ICes will be charged which in 110 event \vill e:-(ceed the sum stated above. 12. The Notices, if required by Act 6 and Act ()j, have been sent separately or in combined form pursuant to 35. P.S. 1680.403c and are attached hereto and incorporated herein as r:xhi bit" 0". 13. The temporary stay provided hy the Ilomcowncr's Mortgage Assistance Act has tcrminated hecause: a. Defendants have t~liled to meet with PlaintiJf or an authorized Credit Counselor, or; b. Defendants' application for assistance has been denied by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiffdemandsjudgment in rem against Defendants and the Premises in the sum of$150.251.40 plus interest at the rate of$24.27 per day from September 3,2004, together with other costs and sums recoverable under the mortgage and tor the foreclosure and judicial sale of the Premises, Respectfully submitted. WIFSMI:Tll & HARDY ATTORNEYS AT LA W. r.c. By: 1~ Joseph c'. Wiesmeth, Esquire Attorne for Plaintiff Attorney 10 # 49796 919 Main Street Stroudsburg, PAl 8360 570-424-2848 JV}-a4~'f6', ~~ -~~ J51(~ff7f"1I77(9-~-7 ~a4..'d'1O..~v--r~-c-,.c, :T'~~I3NShl'rf716 pA ~~ ./ / L. ~:~;; , AI -) PlEASE RECORD AND RETURN TO PIONEER AGENCY ONE PLYMOUTH MEETING WIlEN REWROIiD MAIL 10: SUITE 501 Laguna Capital I'brtgage CorporationPl:rMOlJTH MEETING, PA 19462 32392 Pacific COast HiS)hway 1/200 Laguna Be<>C1, CA 92677 ,,- 33. \ f.:J~ \ rt~ <i = '::0 :,0 r"ccl Numocr: 15-01-0393-047 Loan II: 06-:4,;8 OJ I.. . IJliINltc Allan 'n.1J {JUte to"r Rtttll'rlbll: 0..h11 :;:; MORTGAGE r~ Co U1 C) .' t..' THIS MORTG.'GE (' SecurilY Inslrumcnt') is Given on April 3, 1998 Michael n. Fainter and ~l L. Painter, huabllnd and wife , TIl< mOrlG.cor is . ("Borrowc!t'''), 11lis ~c."t.lIrity Inslrument is given to I..a9Urlll Capital M:rrtgage Corp:>ration, a C>olifornia corpol;'al:ion which is orGanized ar,d e.isling un~or Ill. l.ws o( California ' ,n~ who.e .~~"''' j. 32392 Pacific O:>ast Highway lr200, Laguna Beach, CA 92677 . (~Ltnd~r.).llorrowotowcs Lcndertlll=: princip;d sum uf Ninety Eighl: '['hcmJand Six Hurrlred and NO/100ths Dollars (U.S, $ 98,600.00 ). TIIi. debt is eYiden<:.d by Ilorrow.,.'. nOlo dated lhe sarno dale a. U,is Soourily Instnlml'l11 ('NOle"), which provides for IOODI;')y payments, with Ibo full debl, j(nol paid <llrlicr, due IUKI pay.bIo. on April 15, 2029 . 11,i. Strur)ty (aurum""l setureo to under; (a) Ihe repayment of Ihe rJobll:Yidenot1l by lhe NOlo, ",lIh iDlcrcsl, 2nd .11 1<now.I>, ""tension. lUld madHicalions of Ibe Note; (11) lbe paymont or illl other sums, wid. inl<toSl, advancod under pMagraph 7 Iu prolect 111C socurllY af this Security Inslnlment; ;md (c) l.h~ pcr(orn1~ of Borrower's CoYeainU: and Igtetznt!nts under Ihis Security tOltrurncn' 2nd the Nole. Por Ihls purpo&C:. Borrower docs hereby tnOngatc. gr;ant :and convey lo Lender Ihe following desctlbl-U plOpert)' lot:lllod in Cl.ITberlanCl County, Pem"ylvunio: I?ARCSL II 15-04-0393-047 See Exhibit A . I which hIlS lb. addFl!lS "r 110 M:>untain ROad, Newvill/l! Pelllllylvani. 17241 . 12ir Cod,j ("ProperlY ^d~r..$'); PENN$YlVANIA-5i..... f''''"v.FNMAlflIlMC _ Ur<IFORM 'r<Sl R\'MENT Fe"" :103' "'0 ~ -ORIPA} e4tO),O) Am."~ S~l 'IG_ .:- ~ 5 tl'll"'ts: :')1 If' /' VI$MQllrCl"Cr"Qt""1 '18OO;5:1"7e'C:~'1" (Sucer,Ciryl. aQud445"GE 865 II"~~ I~II il ~m ~I II! ~II ':1.: ::~: EXHIBIT A . TooeTHER Wn"H allll,e improvemellls now or here~f\er erteted on Ihe properly, and all ""semenlS, appunenMOcs. nnd lIX:U'l"..t /"I(:lW or he.-tatter a pDfi of the proptny, An rtphrcemenLS IJId acJlIitions shall .Iso be cDvc:rcd by lhis Security In'trumenl. All of the foregoing is ,eferud 10 in Ihis S..~rity IlI&ItUm<nl as the "ProperTy.. BORROWER COVENANTS ~~nt 1l0lTOWef is lawfully sdsccl oflbe <Slale bereby tonveyed .nd h" the oghtto IRorts",e. S,"nt and eOnvey th.. ProperTy ami that the ProperTY i. unencumberea. exupl for encumbran... oj record. Borrowcr war'''''' .nd will defend general.y lhe tilleto lho: Propeny against all claims :md demsnds, subject \0 MY encumb""'c", of rc<:ord. THIS SECUll.1'fY INSTRUMENT eombines unifom, eOven.nls for n..loMI u.e and non.unifonn eovenanlS with Jintiled vSlriruions by juriSdlclion to concHtu(e a unifonn ,cu;urity instrumenl c.oYl:rlng real property. UNIFORM COVl'NANTS. Borrower NllI Lender COVImlll\I...d agree as follows: 1. PA,'ment pI Prlneipal and Interest; PntpDymonr- Dnd LD'C Chnrs:t!5. 8orrowcr 5h:dl promptly P3Y whr-n dUl: lhe principal o( ilId internst on lhe debt e,idenced by tltc Note and any preplyment and late charges due under the NOle_ 2, Funds (0,. 'I'nxcs and Insurnntc, Subject 'D .pplicorblc law or 10 a wrlUen waiyer by Lt:mkr. Borrower sh;\1I pay 10 lcntJer on (he day mf)nthly paYfnerttJ.an: due under the Note, until lfu: Note is p.id jn rufJ, .a sum CFunds") ror: (a) yearly lnxes 2nd Ilssessmen($ which Ulay all.in priority Qver lhis Security Inllt'Ul1\enl U' l\ Hen 01\ the Property; (\I) yt:1rly leasehold p;\ymcnl~ or ground reor. on Ih: FToport)', Ir ony; (eJ yearly h=d or properlY inSUl'3Jlee premiums: (u) yearly nood in,u","cc premium" if .u)'; <eJ ye.dy mortgage insur:lJlCe premiums, I( ",y; Wld (f) any 'ums p.yable by Sorrower 10 under, in acenrdancc Wtlh the provisions of p3(llgnpb B. in Bt\1 of tilt payment of 1nO~s:aB'" ilJ:5ura.nte premiums. TIleSf: items Me calfcd "Escrow henu. If LenJer tn:ty. Ole any .jete, collect and hold Fuuds in an :tJllounl 'nol to exceed lht maximum aU10Urtl 1\ lender lor II federally rcl..o~ mon~a~e loar, noay re~uire (or 'Oo'",,"o,'s escrow .ccount under !he federal Real Esl<le Settlement Procedures ACl o( 1914 a, amended from lime to lime. 12 U.S.C. Seelion 2601 tl uq. ("RfSPA"). unless 1l101l1er I.w IhM .ppli.. 10 lhe Fuuds scls . lesser amount. If so, Lender lIlay. al any lime. collect and hold Funds 1n lll1 '1lI0unt not to exceed Iltt Idser :unouo!. Under m.1Y estimo" lit" ""IOUnt of Punds due on Ihe basis of ~'UTrenl d.ra and r..son.ble esllm'l'" of expenditures of futu,e Escrow hems or othc,w)se in accordance with ,pplicabJe llw. 111e Funds shal be held in an institution whose deposit'. .rc Insured by . federal a~eney, inslrumenulilY, or cnlily (illduding Lender, If I..ender is such an imlilutlrm) or in :lilY Federal flome Loan B:IJl~. Under sll:>!1 apply the Fund. \0 pay the !:scrolV /lems. Lende. .nay nOI eh~ge Borrower for holding IUId applying the Fuod.. annually analyzing Ute e'crow >cooum, or ve,ifying Ille Eserow lIcm., unless L<:nde, p.ys Borrower inlerest on the Funds MU applicable law permits lAnder to make such . eh.rge. However. lender may ,.quire Borrow.r 10 pay 0 001:.11"'" ehuge for :l/l independenl ",.1 eslate "'" reponing serv,ce used by Ltnder in e.)nlltclion with tllls loan. unle.ss~ 'FPlie.ble J.w prouide'$ o,herwise. Unl.,. an .~ro'lllem is mad. or "I'l'lieablol'w requim im<:fcst 10 bo paid, Lentler .h.1l nol bo ,eQuired!o p~y Borrower 'lilY imerest or ..ming. on 'be Fund.. Borrower and Lender m"y 'groe In IVrhillg, Itowever. mil '"Icrest sh.1l be paid on Ihc Punds. Lender .,h.1I Clve 10 Dorrower. Wl1hou\ charse, M iUl!lU111Cl;ounting of the Funds. shOwin& credits a.nd debIts to the Funds ~l\u lht.: purpose for wblch l:ilch de\JillO Ihe Funds Wa! mnde. nle Fund. are pledged tl.l addilion.) security lor all .ums secured by this Securi.y lnstrulllen/, if ,he fUllds held b~' Lendor .!teed the: ,moon" pennillod 10 be held by .ppliCJlhle law, Lender sl,,1I aeeount 10 Dorrower for the e..ess Fund, in lccordancc witll dIe n:quircmcnls of applie.blel.w. If Ille :unOUrll of .hc Fund, hold by Lender at ..y lime is 'lOt sufr.eienllu pay Ibe Escrow Items wlten due. Lender m.y so nOlify Borrower in writing, IlJId. in sueh ellSe Borrower .hall p.y 10 Lender .he /mount neces..ry to make up IlIe denoien.y, BOlTower sh,1l make up the defioiency in nO more ,h" lwelvl: monthly p:1yme!lIS, ill under's ::ote: discfe-don. VPOl' pa)'ment iI: f'lll of .11 SUIllS ...ured by this Seeuri'y In.trume:m, Lender .1..11 promplly refund 10 Dor",wcr any Funds held by Unde'. Ir under par.lgraph 21, Ltnder sh,1l acqUire Or sell the properlY. Letldtt, prior to lhe a.quisilion or s.le 'Or the propert)'. Sh3H :\pJ:ly allY Fund~ hcfd by Lender at the time o( :1cqujsjrjoll ot SOlIe tiS a credic ilgajnst lhe limns ~t"eurrd by [hl~ Secutity In,lrumcr.t. . J. Applleallon of Pay men IS. Unle.. .pplieable law provitl<< olherwise, ,11 paymellls received by Lender under plr.s".p~s I /lnd 2 .hall b. applled: r.<SI, to any prepaymenl eh.rs., due uodor Ille NOle; second. 10 .mounts pay.bie untler parsg,"p" 2; lhird, [0 interest due: (,mult, to princip:tl due; :u'Jd hut. IQ f'ny latc chnr~ due under the Note. 4. Chor,es; Liclt!l. UotToVr'cr shall pay ..U rax~~ .:lSSe.!:rmeI1U, ch~rs.es. fine, and impo~mlons Iwiblllllblc 10 the Property which may IIltain priOlilY over this Security IIlSll\ln1enl, and I....hold paymelllS or ground renls, if ..y. Borrower shaU p'Y these ohllga/iolls in t~e m:"1I10r provided ill pM.graph 2, or if lIor paid in lha' manner, Borrower shall pay them on time: directly 'n Ih. person owed paym<"\, Borrowe, sh.lI promplly furnish '0 Lender.1I not lees of "movnls 10 be p.id under Ihi. par.S"p". If Dorrower m;lkl:.'S IIICS~ paymerlU din.'cdy, Borrower shal1 prOf1lp\~y furnish \0 Ltndtr rcceip\S c'Yhk:ndl'lg 1he pt\yrncnls. Borrower shall pNOl}tly discharge any lien wbich 1\", priority over Ihis Seourity In"rumenl unless Borrower: (0) .grcts in ...ri,ing to Ihe payment or the obligalion secured by thcn.n in a manner oeeeptable 10 Lenderl (b) conleslS in &ood r.ilh Ih. Ii~n by. Qr defends :rc:uns, t:l,force-me", or the lien in, h:gal proceeding, which jn the Lerttlcr', opinion Opcr:lle to preY~l 1he- enforeCll1l:lll or (he H~J\: Dr (c) sc<:urts [(om th.e h<,ldcr of the lien.1I\ i1&rcc::mcnt satis(~tory to Lelldct ~lIbordiRalin&: the lien 10 thi.s Securi.ty lo3lrumcm. ; r Lender' de:ltnnincs Ih31 :).I\y pm of tht Proper1.Y is subject to <J. liel\ which ll\l\j' t\Ham priority over this SeclJrity Jnl)trumc:n'~ Lender mny give Borrower I nolice idclItirying lhe lieu. narrower sh:lll s:Ui,fy the: Hen or \-,,'1(1: one or 1\l()re of the nct\ons set 'or.1\ above within (0 d3YS Oflhc=. givins. of notil;~. <<CD.: -6RtPAll,..)t1,Oi .. ..,.,,,Jlod445tAGE. 966 C,//l 11'l1.aU :t. t1' ;t ~-,;;;;;J039 9/UO ....... . . . 5. H.Z4rd Or Pr.p"rty lnsurnnce. Borrower .ball keep ,he improveme.t' now exi.lin~ or hereafter erected 011 lbe Prop-crl)' insured :Ig<lil..Sl loss by liT!:", hllZo1rd.s includtd wilbin the [enn ~C'xl~nded coverage II anf.J any OIher h:lZ,u(]s. includIng noocls or floodinc, (or which Lender requires insurance. TI\t& itl$lJ.tJl.M.e 1Io1ulll h~ maintained in t.he amoun:! aM (or the. p..:.rioos lh..l Latdcr rcquiro:. 'ibC' insur~ce carr~r providing the insurance shaJJ be cbosen by Borrower subject [0 Lender's approval which sb31l1\Ot be. lj'n~lIsonab1)' withheld. If Borrowtr f~ls to m.ulllC\in tovernt,e de:scribetl a.bo'V~. Lrnur:f m3Y. al LcndL'T'S option. obl-.1in covcragl: 10 prOlect Lr:nde-r's rights in Ihc Property in Ict:ofdancc wilh p.r.sr3ph 7. AU insproncc i)Qjjcics ~d rt!new~\s s:h:kll ~ iCCtrlahle 10 under Wid sh~1l include 11 slunu;;m.l rnorlgogr.: dllu.'ie. lemler shall have the ,igh! '0 .,old the policie, and ,.newal.. If Londer requires. Borrowor sh>l' promplly ~Ive 10 !..cnder all recclplS Q( paid prcmjum5 and ICn~31Ilofices.. en rhe' ~'t'tn( of Joss, Borrower shall sive prompl nOlice to the insunml:c courier Bnd lcmJer, t..ncll" ",oy nuke proof of 10.. if no' made promptly by Dorrowe,. Unle" Lender .nj Borrowcr olherwise ag.., ill writing, Insuranc.e proceed, .baIl be applied 10 ""ota,ion or ropol, or Ille PtOil~rty dl.unag~d. Ir \l1e rcSlQf"tion or repair is economically feaEible and Lender's SL'Cl.IrilY is nOllcs!lcned. If the rcs\or;\tio{\ or repair is nOl C'tooonJcaJly fClIsible or Lender', '(c\lfily would be: lessened, the: insurance proceeds: sh:tlJ be :lppliC'tl !o Ihe SUllU .secured by Ihis S~lJri.y lns\nrment. whether or not lhen dUI. with :my excC'ss paid \0 Borrower. If Dorrower abandon' the Property, or docs not ;1I15Wer within 30 days a Ilotice Crofu u:rldet lha[ [he iltSUfilJ1Ce carrier has o[[e:u:u ro sente: a cla.im. thell Lender may collect th~ Insurance proCca!!. under may use till: proceeds 10 repair Dr res:tore Ute: Property or 10, pay sums ~t.'t:urctJ by this Scc:urit:' fnJtrumcnt, whelhtr or not Il1en d.IC. The 30.d:l)' period will begin wP1en the "oUce ili given. Udl~.! L.:nde-c lU'J.l Borrower C1tJll:rwise: :1grc:c in writing. ilny appJic:IlIQn or pCCCl'1..'lIs- to princip.o.l shjtll nol Clllcdu or VO'lpone lhe due dao of ,he monthly p.yments "ferred 10 ;'1 p.ro~,.ph. I and 2 Dr eltongo Ihe .moull! of the p:oymcnl'. Ii untJt:l( paragraph 21 the Property is acquired by Lt'ndcr, aorrowl:r'$ rlghllQ any in.$urance rolicies .alld proceed$ rcsulcing from dl:\ml:\5~'0 lhe Property priot lO \be acquisiliOl\ shall )32.S$ to Lender \0 ~hc: cxlent of the sum' SCC\lrl,.'d by this Sct:urhy fnslOJUll...'nl immediately prior '0 lh, lICqui.;lion. . 6. Ottupanc), F'rtoScrYul;on, Mqin\enlln('~ und )'roll"Ctiun of 1111: l'roJ)erlYi norrower's Lorm Applicmion; Lens.holds. Borrower sh.1I oooupy, e'tablish. MId use Ule PropellY OS Borrower', prindpal residenee wilhin si~!y d'ys '{let ,lte execution of (his Security lnstrument and sh~U coflHlUIC 10 oceul]Y the Property as norrower's princiP31 rr:sidcncr.: for;u IL~.u( l,lrlC yeu "nc, ,hI; da.le or o::cup.ncy. unless Lender Olhcrwisc ;Ifrtl;$ in writing. wl.h:h COIlSMt shol.llno[ be unrcason:Jbly withheld, or unless exlenu.atinJ c;rcum.st~11Icr$ exist which ate beyond Dottowcr's control. Borrower shall not dcstroy. d:.tmagc Of ,mpait \be llropcn)'. allow :Iw I'roper\y \1) dl,.1~"IiDr~tc. or ~ornmit ~~t~'Qf1 the Propc:ny. llurruwl:t' tht\H be in ud.mlt ~r allY fC'lrfeilurc action or prOt:eedin~. \,hether civil or t:riminll. is begun ,bat in Lender's good faith juuc;mcnl coullJ rt'Jil.lh in (orf":llurl; 01 (ll~ Property or oU1erwite l"aterialJ)' impJir fhc Hen cre.led by ,his SeCurity lnslrum,:nt or LcntJcr's security inl'Cn:s\. Borrower may OUle .ucli a delaull and Icin~{a!o.lIS provided in par~gr~ph 18, by e,uJln& Ihe ~clion or proceeding (0 be di.mi"c-.l wilh. rullll& lbal. in l..endl!r'J gc cd failh delermination, prffCluc1d rotr~HUte of the Borrower'S' inH:rcsl in the Ptopeny or other fTl,leri.a1 in1palrmcnt or Ih/; Jl~" crt':au;:d by lh;5 Security Instrumenl or Lelldet's security inlCrcsl. 9orrowe:r sh.all nlso be in default ir Borrower. during (hI: '(l:ln application process, gnvc rn.'Ih::ri.dly ral~c Or (naccur.:ac inCommUon or 5uucmcnui to Lender (or rili1td to provtde under witb i,lIlY n\Qledal h'l.Cormation) in connection with me loan evidenced by the Note, including. but 110l Jll1lited 10, repro.ent3lions Nn<:crnin& 8<llTower's occupancy of the ProPerlY" a prinolp.1 re.idonee. If thi, Sc'CurilY Instrumrnl ;s on a leasehold. Borro~r 'hall comply willt all the prov;.ion. of me Ie.",. If !lQrrowcr .cquirco foe l\tlc 10 Ihe Prop<rly, Ille leosehold and llie re, tille shall nOI me'ge unIts' Lender agree' 10 lilt mCr&L1' in wrilillg. 7. l'rol""tion.r l.ond...'s Righi. in lhol'roperlr. If Borrower {,il. 10 perform Ihe eovenanls ..,d .sreemems cOnl.in~,1 in ,hi, S,curhy In5ltumel1l, Ot 'lIere i. , legol p,oceedin& ~1.1 may slgnlfieanlly .freo, Lender', righl. in Iho property (,uch ... · proccedj"~ in bankrupt:y. prob.:uC. for condemnation Dr rodcitun:: or 10 tllforce laws DC regulations). Lhen Lender O1:lY do ami p~y for whO'l\c\lcr 1S. ~:c5Sary to pro~ the valu!; Q( lhe. Propert~ and l..J;ndcr's riJ;hlS. in. [he Propcny. Lcoder's IIcl10l\S may incluue pay jog any sums secured by a lien which hilS priority over' thls Security JnsLrumC'nt, uppeoltint in eoun, p3yiul; (.e)sonab)e 2Horneys kes and Cl1lerinc: DO 1he Propcny Lo Inake repairs, AHhouJ)h L~"I~ue1 n~t1y t:1kc ac\i~n UndJ:T ,his l)ara~1.\pl\ 7, Lcndt:r docS' not havlIlo do so. Any amounts dialJurscd by L:ndt:r lIndet tbb: p.:tragr;1pb 7 sh:llJ hL-con~ ndcHlionnl debt Dt' Borrower secured by Ihi.. Security Ills[tument. U.lJesS Borrower and Lender agree 10 ochc.. lemu: Df ptlymc:nl, lhe.se o)moun~ SllaJl bear inll:rCst ((om (he date of c.lisbursemen~ at the N01~ r.He and shall I..lc: p;lyablc, with imerest, upon noti~ rrOm Lender to Borrower rtqu~51i,)C payment. S. Mortgage Insurance, rr Lender required nlOr1g.gt: inlllratJcc as a condilio'n o( m.xins the loan secured by this Securily lns.t(ll(fll;.nl. IJorrowcr Ilhllt pay U\e pranlums required to maintain tbC mortu.e~ insurance in c:rtCCl. Jr. fur any rC:1son. lhe::: mortg'go insurane. eOltr~~o required by Londer I'pses or ceases '0 be In errOCl, norrower .hall poy th. promi."" r'''lul,ed 10 obtain t'o~eTIISc subH~llially .:qui....alent 10 Ule motlD;ag,c iMUruncc: previously in eITecl. :n 1. CQst S\lostanliilly equtv~lcnt to lhe co.sl 10 porrowec of Ih~ lnortgage insurance previously in d(L"Cl.,fron\ an altornale: moriguge: hl!t..Il'et approvcd by Lender. If $uhu:uni:J.lly cqulV;JJ.:rtt mong..Cc ;n,uranc,'t: ~over.llSc It J'lO[ aVDna~le, ))OITQwcr shaH pay to Lendcr endl month n sum equ:tt \0 oncalwclrth of the;: Yl:arly mortSilgc- insurance prerrumn being paid by B()rcowcr when the insurance CDVCr:l&e tal'5~ Of ceased to he ill c((ect, Lender 'Nill accept. \1~C ;III~ r~llIil\ these paymcllls as $10$$ te.serve in lieu of 11l011S:lgc insurnnce, UlSS reserve ,.".~,'9/ ~ ~I<IPf,J ""'AI/, ,~,,"I' ?';,d44.5fJr.f fJ6"l ;,,,,..,, ~/~ i;-:.r~ ";r..:;;; ------ p'y""'"ts IT1l\Y no lo,'g"r bo r<quired, .c Ibe oprion of Lender, i( mortgage illmr""'e eonrage (in die ..noun' .nd for the period thai Lender requlrr:;) Jlrovided by an Insurer approved by Lender 'g.in beeomes available and ;, obl,ined, BOmlwer lhall pay the premium! required 10 maim.in mortgage illSurMlCt in dr<<r, or 10 provide. 10.. re$((Ye, untillhe roquirolllent for mortgage INuran"" <lid. In ael:ouanee wirh II1Y written 'g.....".,,1 belween Borrower and Lender or 'pplbble I.w. 9. In.pedion, tcnder or Its .gem may male. rt:lsoll.ble Olllri.$ upoo and inspections of U,. Property. Lender sball give Sorrowcr notice at the: I imc of or prior to an ins:ptcdQR. ~j(ying, reasonable cause: for lhe in$po;tion. 10. Condemnati(D. The ptoctedl: or any award or cl~m for' damages, direct or COMfQuenti.a1, in conno;tlon with any condemnation or other takJn,e. of any I':ln of the Property, or for c:onveyaoCf: ift lieu of conden.ll'\i\lion. arc. hereby flss.igned and sh.1I be p.id 10 Lenter. Illlhe ovenl o( . lo>Ial ~'lking of U,e Property, the p~l,h.ll be .pplled '0 Ihe sum, "'CI1!ed by Ihi. SeeurilY In""''''.nl. whcdu:r Qr not mea due~ with any exCets patd: to Borrower. In the. event or e.. parti..! 190king of tbe Property in which the (-air "",rket value of U,e Pwpcrty unu1<dialdy hefor. tU. taking I, equ.llo Or gre.!er th.n \he .moullt of Ihe sUlns ,,<ur.d by Ihi, Se<urlty l/lIlrumcm irmn<:dialely berore dIe laking, unlcs. Borrower and Lender oUler"i,e agree in wriling. the sums .ecured b)' this SecurilY JlISlrumer.t ,h.ll be reduced by lb. ..nou"l or Ihe procCJ:\l:l muhlplied by Ihe following fraClion: (B) Ihe 101.1 amount of ,he 'OIN .C1:urod immediately \>efor. the Inking, divided by. (b) lh. f~ir market v.lu. of Ih. Property immedialely \>elore the laking. Any balM.. .hall be p:lld to Borrower. In !he evenl or a plrti.lt"king of Ihe Property ill wI'ie!1 Ihe I.ir markel v.loe of the J'rtp<:r1y irnmRli.lrly bdorc lhe taking i, 1& th~ the *'l19unl of Ih. sums .ecured immediarely l>cfore Ihe Inking. unles. Borrowc:~ :tIld Lender otllerwi.. .gn:e in wriling or unless oppJi.ablc law ochenvi,e provid.., the proc<cd. ,h.1I be :!pp}jed to the SUtflS teeut~ by rhi" ~c:urity lm:llUmenr wbelher or nor Ihe sun1$ Me then due, Iflhe Property i.ubandoned by Ilorrower. or if, ,(tor notico by Lend" 10 Borrower lh~llhe condemnor ocr." 10 make an 4ward or settJe . cbim for dllrnagcs, Borrower rails (0 respond 10 Lender within 30 clilYS ../'tee ,he dale lhc- notice i, given, u.nder i, oUlllori.ed 10 collect and JPply Ihe prpcced.. .t it. oplion, eillln to reSl<>r>lion or rep~jr of 'he Property or 10 IIle SUIllS .ecured by tl,i, Security hlStnn~'t, wherher or nol then due, Unless Lender .n.lllorrowor olllerwist agret in writing,.OIIY .ppliC:ltion of proceeds to prillclp'l shall nol eXlend or poSlpone me due dall: o:.'lhe monlhly p~ymen.. referred 10 in p~ng"ph, lllld 2 or chinge tbe ","ollnl of such paymenlt, 11- Durrowtr Nof Rrluscd; Fqrbc.pran" Dy Lender Not II Waiver. Extension o[the lime for pa.ymenl or modific:Jt[on of amortization or (h,~ ~lIm' $<<,pr~d by this Security fl1~trumen( granted by LeOdcr 10 nny SUC~Sl50r in jnlt~re$1 or DorfOwrr shull nOI OPCfalC' to rtle:!$( the 1i3bilily of Ihe"otisinBl Borrower 01' Borrower'$ succeuors in jtltt!I'~L Lenucr shalt nol be Tt'quircd 10 C'nmt'flenc~ proc:ccdin-)s .sainsc ..oy :nn:cvSlor in inlC~reS[ or refuse 10 exland lime for v:\yment or otherwise modify .arnonlz.ilrion of Ihe sums scturcd b:l llllS Securily InstnJntenf b)' reason or .ny I.h:mand made by the original Borrower or Burrower's SUCCCS$OfS in In(~re'S[. 1\ny forbearance by Ltnder in exercising ~ny ric.hl or rcmedy s.hl\1l noL be a waiver or or preclude the cxerd,e of any right ,r ;e{l1C<ly, 11. Successors Dnd Assign< Ilound; Jolnl Dlld Sev...o' Llablllly; Co-sign..... TIIO eoven",,,, and ,greement. of .hi, Socurily (nslrument ::b.ll bind and benefit Ihe successors and ...igns of Len<!er Rod Borruwer. ,ubjeel (0 Ihe provi,ions of paragraph n. Borrower's covenoms and 'greement, ,hall be joint and several. Aoy Borrower who co.,iB"s Ihis SecurilY Instrumenl bin dco "01 excC"le Ihe Note: (.) is eo'.,isning Ihi, See",hy 11"1"'1_' only 10 ",ongage, granl :md con.ey Ih'l Dorrower', interost ill d,e Propeny under tIlt terms of this Security Instrument; (b) is 001 pcrson.lly oblig.ted 10 P.Y ,he ,urns socured by Ihi. Security Ins,romenl; ond (e) agrecslh.tlcnder ~nd .ny olher Dorrower m.y .gree \0 eXlend, ITlQdify, forbear or make ;.IlY ilccommod..ricns willi resard to lilt IttrnS oftl11s Security lnslrument or the Note without UI<1t Borrower's consent. lJ. Lonn CllnruO:!. If Ole 10M ,eau,td by Ihl, Security IlItll'llmcnl is .ubjectlo ~ I.w wl,ich sc" m,u,lmum lo.n 'lIars"" and th:'Jt taw jf final1/ 11retprntC'cl $(I 111.111 lh~ inl~td:t or ollier 10M charge, collecled or 10 be collected in connc:e:tion with the )0,," cxreed Ihe permillcd limit., then: (I) any ,ueh 10llfl charge ,hall be reduced by Ihe .mount necels~ry 10 reduce Ih. eh.ege 10 Ihe perrn;lltd Iimil; alld (b) any sum' .lre:Jdy collecled from Borrower which ""ceeded permllled limit. will be relunded /0 Borrower. Lender mly choose 10 rn.1.kc thi, refund by mJ\ldng the principal owed under tile:: Nolc or by m:1klng a direCl payment to Borrower. If " ref tin<! rcdueC$ prineipII, lhe reduclion will be Irenled OS . p",,;.1 prep.yme," wiUtout any prC'p3ymel1t ehiltgt urcler .be NOIC, 14, Notier:!l. An; rOllce 10 Borrower provided ror in Ihi. Seeurily In,,,,,,"enl shall be given by delivering i, or by m.iHns il by Orsl 0'''' ",.!Junk" Dpplicable I.w requires use of ~lIolher m.lhod. 11le 1I0lice ,hall be UireelcU to Ihe ProperlY Addr.., (If :my olher address Bl')rrower rJcsisn8!C" by nOlicl:' (0 lemler. Any nolic.: 10 Ltndcr IiholI be SivclI by first cI:tSS OI;1il to Lellder", addres, 'lUl,;d herein or ony Olher alklre.s Lender de,iSna,08 by notice 10 Borrower, "'ny 1I01i<c provklcd for ill III" Security Insnument ,lIll be dee,lIt<! 'a haye beell given to !lorro",.r or Lender when given... provided in this p:tr.groph. 15, GOVf:fpins: Law; Sevora.hility. 'lOb Sl;Cudty Inslrutnerll shall be goyemrd by feder:!' I"..... a.r.d the law of tht: iut'l~d{Cdo.n in which lh(: Propc"y is {ocatcd. 11\ th.e event thnt Ply provision or claus.e of I.bit Security Instrument or lhc NOH: 'cuollic" wilh i1Pplic'Jlc law, .ue" '''lIlltel ,h,,\II1<>l.rrM ulhel'l,ruvlsiollS Qr \hi~ &.'clIrily h"'''lIIlclIl''' the Note \l'hieh CUI\ t>c given erfcel .,jUIOUt lh. conniclillg provision, To \Ill, end the provisiOn< of Ulis SecurllY IMIl\lmenl and lhe Nute Ite declared 'r,IJl'V"./~/~,1,-. II, !t';lIJ;ifJI"i" .i~W. }Yllllh'JI..1 ,J...,J: J,A.JjJ 'I1..111)1jJ' J.hl,l',I(IIJ1:IJ 11'+1 ~/f rJ,c I :,/~I' .;u..-j lA IJ"I. 'Ntmr 1 J"'/J;; ,..,.,,~I/ ~03!\ 9190 '"1V"....r. oood445 rAGE,. .968 <Q:,.$fl'PAII~"lOI.03 . . . . 17. or....n.!" .f Ibe.I'rnptrly or ~ n.n.li~inJ Illltrl:!>l}n Borrower. If.1I or Of1y purl of lhe ProperlY or MY 11lI'",'1 In II IS sold or l~ruJ"T~ (or If a beneficial IPl<rCsl In Borrower IS sold or "..srured ...d BorrowO( i, not. natur:>! penon) wilhoul Lc~'s prmi .....mten ~Ol1~nl. Lender nl:lY. ;I( ii, option. ttquire immedi:tlc payment in full of all .$uJns .!>"t'Curcd by Ihis Securny lnstnJmtDt. 11oweYt'r. Ihi, option $lJnll IIO{ be cx~rciJ(!d by under if cxcrdsl: Is pruhibiu.:J by leclcrnl J:1w:a$ of Ulr d:l{c M Ihi. Security Jr~lrull\""L If l.em.h:r cJIcrcistll thia option, lender shiH give BOlTDwtt notice of accelr:r.ilfion. 11le f)olicc :;h:dJ provide iI period of nOI ItSS lhan 30 d..y' fcom lhe dal. Ih. nori"" i. delivered or m.i1ed wiUlin which Borrower must poy all <um, secured by Ihi, Seeurily In'ltuinon!. If Borrower fails 10 p.y lbe,. .ums prior 10 ,he eapir.lion of ,his p<rlod, Lemler m.y ,..oke .ny mncdies permilled by /hi. Security Instlllmen[ widlOUI (urther nOlice or detll3tld On BOrTower. 18. Dorr,,\\cr.~ RiglU to (ttirutalC:. If Borrowet' mtclS CCl120in conditions, Borrower shaH h:we Iht riSllt \0 hilVC enforcement 01 tl.i. S<!Curily Instrumenl disrootinued at any lime prior 10 Ilte earlier of: (n) 5 day. (or .uch oll1.r period ;IS 'pplicable law msy SptcUy for reinSlalemenl) befotc sale of Ille Proll"lY pursu"llt io ""y powe( or sal. coni.il\O\l in Ihi. Securily In:nrum.."; or (II) entry of a jUGgJl1COl enforcing mil Securi[y In'lrumenl. Tho.e condifions arc Ihat Borrow.,: (a) P"y. Lender all ,unts whidl tllt. would be duo under liIis SocurilY In<l",""",1 an<l,he NOlO .s if no .ceclemlio. lI.d occurred, (II) cures any default of any olher covenan" or agttcmenl'; (c) p.ys all ..pen'.. incurred in enlorerng Il,i. SecurilY Instillment, ineludiug, but .101 limilelllo, re",onuble attorneys' foes; and ill) 1a~l;S Sutll "elion as Lemler may rellSOnably require 10 \lSsure {hat tlte lieJ\ of tbis Securhy Ini\nlt1\OIU, Lcnder'J ritJl!.5 in I..hc rro"",...,IY ilm.l Borrower', oblis;tllion 10 pay Ibe 5llm.'t.SCCtJl'C'tI hy Ihis $cC'urHy )nslllIment sh.lI COnliJlbc unchanged. Upon rcinsraremeru by .l:lorrowrr. Ihis Securily IJl)lrull'lt.'nl :lnd the Qbtigalions SC:Ctll'C 1 MCc.by shall rem.ain full)' efft.Clivc u if no ~o:leradon hid occurred. However. IJ\lS tigl,t to rdn5~MC shall Ilol.pply in the e.se oheedor:Il;"n un~.rpmcraph 17, - 19. Sale IJt NDtc~ ChoJ1C:~ of LoAII Scrvicer. TII&: Nore Or , panial in[~rt:sl jn the No(e (togcther with Ihi! S~Cufi(y In'tf\lmcnO 11\1l:' be sold one ar morc times without prior notiee \a BorfQwt;:r. ^ s:\lc lni1)' r~SlIl~ in a chan,t: in lhe cnlity {knowJ\ :U' the "LoM SCl'Vio.:r") thai L'OUccts mOlllhly p'YIl1C:IU' tJu~ under Ihc NOIf: antJ Ihts SL'CurifY Jnslmnwnl. TIlf:rc n!.sol1my be.' onc or "0'" "".ns.... of Ule Lo.. So:rvlc<:r o",c1alC(! 10 ~ s.1e of ."" 1'1010. Ir (h"re it a dlon~. of Ihe Loan S<lryiecr, UorrolYer will lIc giv<ll wrillen nlltiee of die Change in >~ordallee with paraglllph 14 .bove and .pplicobie I.w. The noli"" will .I.le Ihe n:un" ond add.-en of Ihe !ICY' Lo.n Servieer and the addre" to which payments ,hould be made. TIle nOlie< will ,,[so contain any olher I"fonn.tion rcq'li.!d by .pplieablolaw. 20. Houudnl15 SubstantC$, Borrower ,ltall nOI cause or permit tile preseneo, u,e, di'posal, $!Onge. or relo::lSC o( any H..ardou. SUb;;lalltt:s on or in the l'ropeny. lIorrowcr shall nOI do. nor allow anyone else to do, onylhing .(fecling Ihe PropcrlY that is in viol:!lion of any Environmental Law. The pr<c.:dins 'wo .enlenees s!tall nol .pply '0 tile pres"""". usc, or .Ionge on the I'ropeny of rmall qU:ll1tilies of BlIZardou' Sub'lal\r:es dIal an: senerally recosniml 10 b~ "ppropri"ln to nurm.1 r~$idcz1,tkd uses and 10 maintenance: arrhc Property. DorrQWor ,hall promptly.!:i.. Lcntk, wJIU<ll nOlite of :lllY in.osl;g"ion, claim, demond, law,uil or ollter '''Iio" by ."y governmental o. r'gulnlory :lAency or private party involvIng Iho Propeny and any Hwrdou, Subsran.. Or Enyimnm.n..' t.1W o( which BolTo'..e,' h.. ""lUll knowledgt. If Borrower leOflI., or,s noti/icll by any goveromen'al or rcsul>lol)' authority. ,h'l :my removal or .,lher ~ttJi.iJ(ion of .,ny H:turdous SUb.$lBPCC ::.ffcttiuJ: thcr Property }s necessary, tlorrower shaH prolllpl\y l11)cC all t1ecc::uary rene( i.:ll aadore, (n accor~lCe: with EnvlranmcnlaJ Law. ^, ured In lIIi, p.ranl'llph 10, 'H~.rdou. S~b'lane..' ate lho.. Jubstnn<<. denned a. ,o.ie or ha:zudoU5 .ul"".nce' by fnvironntcnLal .:.A1V Jnd the followlns Jub:muK'C:i: Qasolill~. kerosene:. otber flammable- or (oxic: ~froleum prddLlcts. IOXIC pc.~cidC$ and h"rhieides. volatile solyenls. matorills conl.i.ing asbeslos or fom1~lde!ty<le, :utd ra~iollClive maltri.ls. As used il\ tilis paragraph 20. 'Envjronmen[al1.~w' me2/l$ federal I~w. Jlld laW' of lhe juri,dic.ion where the I'roperty i. located [hal relalo 10 health, ..I "y or cnVirlll\Il\CT1I.1 prol..Iio.. NON-UNIFORM COVENANTS, Borrower and under furlher eovenant:l!ld ~grce as follows: 21, Accelcro. ;Ion; Ila!rnvdia. Lendc:r shull give: nod<< to Bor"rOwl'Y prior (0 a.ccderatIon foJJowinl1 Burrowr:r's brend. _, _... '_yt_... .,. .~__._. ... Ihia Security Instl'1lJ1l0ll1 {but not prior '0 .~eler.tion under pOl'll~(Dp" 17 unl.., . I" ul\dcr shall noLi(y Dorrowtr of, among olh~ thing5; (n) lho dernull; (1)) [he uclion . .' . . :.. . .. on Ihe dtfoul' must I,. <urad; and (d) IlIal r.nute tll Cll", Ih. II.r'''11 os sp""if1ed ""y r..ulll.. .tecler.tlon ot lIIe sun.. ,"""red by 1111. Soturity Inslrumont. fo....Jorurt by JUlllei.'l'rtlccrdi"g nnd ,.le of llle Property. Lender shall (urUler Inform Borrower of U.. right 10 ".;nl\tote .rlOr aettllr.lion and Iho righllo ."crl in the foreclosure prorl>>llflg Ihe DOD~leneo of. defoUlt or ."y olher dofen.. DC llarrnwer to .eeelernli.n ood f.reclosutt. If , (ht! dcJuult is n(lt (u(tu l.I$ ~pccifiedl' Lende.r, ot ill; Qlltiofl, mQ)' roquire immediAte pnYlntnl In lull ()( 1It1 sums $Uurrd by tills Sccnnly Inslrumenl "lthDul further demond Dnd moy fo",,\o,. Ihis Sccurily Instrument by Judiclol proceedinJ:, Lender shan IN C1IIIUed to eoUcct tlU CXPCn,5(:$ ineurrcd in pursujng rite rcmc:dj~ pr-OVilkd in !hi.,. paruJ;raph 21 f im:luding, but not limited t~, aUorucy:.;' tees. .n~ 'osts Qf title clfl(Jtnte tu (he: cxtc:.nl permitted by apphcnble Inw~ 2Z. Releo~c. Upon p.ymen( of ILll .sUI"ruI $ccurcd by this Security In~lromcnl. Ulis Stc\Jrlty lnSlrunlCm :u~d ll)~ eltoHc conveyed .holl <<-m,inate and beeom<: void. Af(or such occurrelle.:. Lt:nder shallllischnrge and salJl(Y "1;' S.curily In''''''n<'nl WiU)OUl ch3rs~ 1(, B:>rrower. Borrower !h:l.ll pay any recordallon costS. , . 23. WaivC!J's. Dorrowr::r, ro lhc extent penniuctJ by arplic~blC law. w.aivt$ tulll releases any crr~r ,or defecls JO l)rOc~edl,f'S.s 10 cnforeelhis SuourilY InSlllll\1Ont. and It.roPy waives dIe benefil of...y pr.""'1 '" fulure l~ws proVldmg for "ar Q( .x,,\:"(lon, eAlenS;Qn of lime. etemplion from ~tlxhmcnc. levy and s:l1c. .and hanlesl~ad exemption. Z4. . Rclnstltlcmc.nt l)crLod~ BOrrOW!;f'S lime lO reiusta(e pro\'ide:d in pa(~S(aph 19 shall extend LO one hout I)/Jor 10 the:: commoneemem of bidding at a slterifr$ ..1. or O[Iter salo pursuanl to Ihis SeClltity .n'\OIm.'1Il. . . Z5. Pureno.. Money Marlgnec. lr any of tbe ~ebt secured by Ibis SecurilY /runrum.nt js lent to Borrower 10 .cqulr. lIIlo 10 the Property, I~i, SecurilY 1"'[r.1llCnt .hall be a purcha.e money mot1S.gc. 26, Inler",1 V:ote AfletJudgmQl\t. Borrower agu... lI..t Il,. interest ra'e payable "ler a judgment is ."I.rodo" Iho NOle or III an ,clion of mmcace fo,cclosur. shall bo tbe r.lo payable frollllime 10 lime und.r \he NolC. C .6R(PAII~1Q ,03 .. P,;.. lo/l! Bood445mf, ,969 (!.,(p ~""..~ ;t 1" ---r.;m 3039 9/90 c 11, Riders loIbl, Sec.rily Instrument. If on. or more riders are .~eeuled by 1J0rrower an6 r=rded logether with Ihis Security Instrument. the \QVmA1lts 3IItl agreements of e.ach such rid., sh,U be incorporaled infO ant! SII.U ",mnd and s"pploment the eoven.nll.nd IgrecmenlS of Ihis Security InstrumeR(.s If lilt (idor{.) wern. part uf this Security lllstrume..l. ICheck .pplieable boX(CI)) B Adjustable Rile Rider Groduatcd P.ymo", Rider o a.l1oon Rider OVA Rider ~ Condominium Rid~r' l>llUlnod Unit Oevelop""",,l Rider Rtuc Improvement R.ider Olher(s) (specify] 01-4 F.mily Ridel 8 Biwt1!kly Payment Rider Second Home Rider IlY SIGNING BELQlI~, Borrower acceplS Md agrees \0 the leons Jnd coven.... eont,i"N in II,;, Security In,,rume", and in 8l1Y ridcr(s) exec" hy 'rrrower and reeordetl with it. Witnossc.:,L ~ ,. ~ ....L.----- Michael D. PiUnter "'-- (Se,l) -BOfTOWl!t ~-i'..~_ o(~. ~, Pa~nter (5..,1) -I1OfTQwtr .(~.I) .Oorro'll'CT (~.I) .bOn't'lun!f 4 l. lhe within-n~d MO"glgle Is 2,"(\ Wllness my )",ml i1li~jlY day of ~Jni\ , do hereby certify th.1 the eorreCI .ddrc," of 1cr1 ('" Agll'" or MOT1!;ipt: COMMONWEII.Ll'UOFI'ENNSYLVAf\lA. ~tfI'oQl1\wQ ( Countyss: On Ibis, Ihe 3~' d.y of ~~(\ . n ,\ qq , before me. the undersigned officer, person,lIy oppe.rotl \-. \I ()1d en uJ \.-. m \ fl 1" .wr tf\\ct\'t0 b. -hlt).Q)1 01 known 10 n"'(M'otl'('j'lorily provrn) '0 be 'he pm."S Whose nomcS ~ subscribed 10 lhe W.i.thi~.!.nllru.mcnt 8Jld ..knowledged ""t-n~\Y l:.:~cutcd the tam: tot tile f'Urposcs herein confilincrJ. ':.::~':'.; r',,!,.~ '.;{?i.:~.~ . 0 If'! W.lT~ESS ~tlepl!OF, I hereunto oct "'y hMd.:,~~:0(n5?~~~~~:~:::. tK'jJ~ --/i('0\.0J1)1(:tJl(l My comlt""~~:t~A~P~~~;'~~n~~~ ~ic J '~'i~!;i:{.j~i~~i~i~~:~,~:l -(n ^~~ n 1\ l^ I CMJlolOt'ltIro ~llfl11Vfblll:iCO\}nlY ~;;:f.~:;~':.'" ; '~Ij;.~;;';' ,.:..;' un ttth V ' MYCU/lln"!ii!~:.::~r"r. Onc. f!t. 2000. '1!';,:,..~.L...~.".1T.jl,r6;Oflieer Mtt\ltler,r'cmlS'Ifv,\nll, ASoWtlJlIOll Of r~(lt..l!l(!'; J"\ ~I i" ;'.'::;':", .... . Q.'RIPAI(t.clQ(O~ "':"'::.~'}l~,Dot~III"" ~orm303!l 9190 ..' . , soud445 '~CFr 970 4 ..,...~.. . ML 'J:'/!QlS CEmlUN 02 parcels of land situate in .r.c....,r Mifflin 'Ibwruiliip, Cuni:>erlil!l:l County, Pemsylvania, !TOre fll'J:t~cu.laJ:'ly bJunded and described as foUO<JS : . PARCE:lJ 1ll.'\1!3ER 1: l3El3~IIll3 at an iron l?ipe at the N:lrtheast. comer of Tract :-roo 2 of ctle hereillal:ter mmtioood Sulxti.viBion Plan: thence by Tract N:l. 2 of said sub::livinion Pltm bbrtn 51 degrees sa minutes 06 e~ West 2),5 feet co an iron pill; thence by Tract No. 1 of said SUbiivision Plan North 32 degrees 28 minutm, 23 secaods E:ast 200 feet 1;0 an i= pipe; thence by Trace No.4 of said ~;u!x;livisi.on Plan SQJ.U1 61 desrees 58 minutes 06 seco<1ds E:ast 215 feet to an il:OO. pi.n; thence by land f'CN or fm:rrerlyof Antlxmy MasQie South 32 degrees 2S mU,ul:es 23 secxmdsl West 200 feet to an iron pipe, the .,lace of !lEG:J:NNIl.l::l. CXNrAJN.:N:; 0.981 of an acre, nore or le9.!l. . IT Bt:1N:, Tl.~ct No. 3 on the SUl::d:ivisicn Plan of Rayrrond A. Hoovel: and Patricia E. HOcM'., his wife, which Plan is recorded in tl>e OfhC& of the RecoTIler of Deeds in and f01; OJnt>e>:lllllO. CQUllty, Pwlnllyl \tania, in plan Bcok 40, Page 88. 'IO::!miEl~ with a 20 foot wide private right-oE-way for putlXlSeB of irgre9s, egress; ,Llld regn5lS to the Grantees nerein, their heirs and assigns, over the North.."e!Jtem 20 feet of Trace No. 2 M ehcr.ln on said sul::division Plan, oWned by the, Grantors of their successorll in title, the laYing, naintenance and care of said private right-af-way be.i.r9 the responsibility of che CMner8 of suh;livi!don Tract I-bs. 3, 4 an:; 1- SOOJOCT, ~ to a 20 foot wide private right-of-way to the Grantors or the S\.leceeeCl:r."9 in title of Sub:livision Tract N::>S. 4 and 1 ot ..aid Sub:livi5ion Plan, their heirs and assigns, over the N:lr\:hwes~ern 20 feet of the premises hereir, described, a!l indicated on the aforeeaid sub::livi5ian Plan. l?J\RCl::l:, riU'16E:R 2; BEGDlNDG at an hUrl pin at the N:Jrtheast =er of Tract NO.3 on che hereir.aJ'ter rrentioned SUb:livieion Plan; thence by Tract No. J of said SUI:di.... Uli.on Plan North 61 degrees 5e minl.lce9 06 seconds Weet 215 feet to.an iron pill; thence by Tract N:J. 1 of !laid sub::livi!lion plan North 32 degrees 28 minut"s 23 seconds Past 214.17 feet 1;0 an iron pin: thence by land J10IV or foncet'l)' of Robert w, Weary, Jr., Sooth 61 de9rees 58 minuces 05 sec:n:lS E:a.et 215 fEet. to an iron pipe; thence by laM MW ~ fot'lterly of El:l.waId J. Nelson south 3:< desrees 2S minute.. 23 eecon:;l!o Wese 214.17 feel; to an iron pin, place of BmJHIIN3. u:NrJ\J N:rN3 1,054 a.cres, rrore or leae. rr BEIl'C. Tract No. 4 of the SUbdivision Plan of Rayrrcrn A. llc:over ar.:I pCltricia E. HocV1eir, hiB wife, which Plan is recorded in the office of the Recoroer of Deeds ir.. am. for C\.JlTtlerland COtmt:.y, Perln5ylvania, in plan &ok 40, page Be. 'ItGlmlm; with a 20 toot wide private'right:.-of-way for purposes of in.;!ress, egress am regress to the Grantees :herein. their hei:rs arrl assigns, over .the ~tem ;lO feet ot Tract I-bs. 3 and 2 as S1= on said Sul::division Plan, a.oned by' the Grantotll. or their successors in l:i1:1e, che laying, TMintenance . ;aoo~ 1445 '~Gi. 97f and care of :l/aid privat" right-bf-....y be.irJs the rellJXlrlSibility of tm o....ners of Sub:li.vilJi':!l Tract Nee. 3, 'I am 1.. !lAVINJ ehere<:>n etected a sUg1e fane dwelling, kr1t;..n aIil1:1U1cl::ered 110 fulntain Road. PARCEL N\JMl3E:lS: 15-04-0393-047, wr 4 AND 15-04-0393-048, wr 3. f ElElN3 the mure premises wen Fre<:larick L. Gonbn arrl Debra K. Cl::Jl:OOl'I, huebanQ and wife ~ :Cl1denture elated April 3, 1991 ard reo:lI:ded in the Office of the Reo::lI:ue.. of lJeeds in and for the O;>unty of Cumberlarxi in tleed Book }\'-35 Page SOG, granted an:i Q::lflIIe}'ed unto Michael D. Pilinter and Cheryl L. Painter, huabm:l. "",} wife. f Stale alPlnnsylvanl. } COllnly of Cumberland 86 ReCOld"d ihe a!ficalor nl' recordlng olOseds eol~i aM itbP>ber'.nd CoU"!y, ,c=.. i" . BII ~ II I:-=:::"- Pegs v. wil"" ., han '0' of C.l\jS~. Phl~md'V ~ V"~d.cf,<>",r ~~ (...,J , I (J' Boud445rAG! ;9'72 :,..:;....;-.:......... i~~;]0~;i~g:;~~(~ii~-::~1 :l'~~ !,~9JiTI'f!~i~ .~~~~(:f': ;.,,:f.' .'1 .~'\..,jfj,.~c1.+...'i . J .... ~ ""4' f '.,"f.llr"-'~ ''':;''''';':''1,,:...' .,]{~~~:. or:, -:::~~~:. "~-~.:~8~:'~: ,~;n,~O .;..~~}f!f}/'; c,.-L. "1,." Vj-~.~y'''''-~"'' 'i."lf".'; ."t.'0iiiR0l..\~~.f,l" '~"'~.="'~"':f~'I""~'';i''" c / ..' :.' : - '" :..:::.:)~' '. ~. ~.~ :.:. L ::~. :. n 0 C (: t.i:. r y - ; t :. WIlE!\ RECORDED MAIL TO '9BS[P 2 Afl1l20 PrCllarcd by t.. Rctmn to E,Doohryg ConliW"., Corp (7021 S22.58~6 .~ 3811 W. Charleston Blvd #104 Las Vegas, NV 89102 ltion )0 Wan #: 06~1468 PlF./\~E RfCORD 1 Sf [Sp~cc Abo\e This U", Fllr RCI;O{dcr'i U"I ?Ll3 ?9!) /, ~ CORPORATION ASSIGNMENT' OF REAL ESTATE MORTGAGE fOR \AWE RECEIVEDthe undersigned hereby grants, assigns and IransfelS 10 ~1~~Q~~1.~Ek~Q~~M ~woratlon 3~~~~~~1:t~~~d. all the rights. lille and inte19S1 ot undersigned in and to Ihat certain Real ESlale Mortgage daled April 3, 1998 executad by Michael O. Painter and Cheryl L. Painter, husband and wife to LagUna capital fobrtgage Corp:>ration,a California corporation a corporation organized under the laws 01 Ihe Stale 01 California business is 32392 Pacific Coast Highway 1f200. Laguna Beach, an9 recorded as Document No. ~ ~ . by the C\Jrrt:erland of Pennsylvania described herainaller as talloWs: PARa:L # 15-04-0393-0~7 \:->. \ '-\ ......\ S See Exhibit A and whose principal place 01 CA 92677 County Recorder of Deeds, Slate Cl \.0 S V' Commonly known as: 110 r-buncain Road, Newville, PA 1724.1 I I' I Together with the note or notes therein described or referred to. lhe money due and 10 become due thereon with inlerest. and all rights accrued or to accrue under said Real Estate Mortgage. STATE OF P A COUNTY OF Chesler Laguna Capi tal M:>rtgage COrp::lrat ion, a california corporation 00' 4/3/98 before me. the undersigned. a Notary F\.Iblic ;n and tor said County and Stale. personally appeared Ruth A Funk known 10 me 10 be The Branch Manager and known to me \0 be 01 the corporation herein which 8lCecuted the within instrument, and thal1he seal afliJlSd 10 said instrument was signed and sealed on behalf 01 said corporation pursuant to ~ /J ,,# /l ? '-r( (:-r-Ifr/, 'jl/7'rk. By: Ruth A Funk, Manager EXHIBIT j R By: HAR-26-ge ~EV le'-~ A.~.$!~~~~l~AQHS FILE ':-10 .211 03/11 '00 15;.\1 10:P!~ fU:tC( 2' ~~4 097<'>J. FAA .0 834 7848 P.06 ~ 6 ~ 'l'O:ZIliIitt -.n.tA 0 :;0 foot wide privatI! right-of-way far ~ of ~. cgroB8 am reg1"elI!. to the GranteM herein, tMir heirS arrl ..19M, over t:l'le ~te2n :lO ~eet; of nact Nc:8. :} W 2 as ~ en said amdiv.ida'\ Plan, owned by tl"e Grar tors or l:be1r 1J\.X::Ce/QlCl:Z:8 in title. the lay1!'l1, n'Ilintenanoe an! care of 'Mid private right-of-~ beJ.03 the ~ibil1ty of the C\IInetlJ of SUb:1t.vidoo 'haet b. 3, " end l. H1\VIm therton e,.~ a .~e fane dwe11i.rg, knc:M'l W %UTb!lrec11l0 twb.Intain Ho&d. I ~ NOMsiR$, tS-04-0393-047, LOr. AND 15-04-0393-048, LOr 3. BEOO the ft_ pr:!T\i1M t41ich Pr8deticlt L. Oard:n an:! f:lebr-., K. ~, huehm:! and wife l;:Jy!:Lndar~;ure ~t6d April 3. 1991 BOO :recorded .in the Offi~ of tho ~ ot! 'DIa:16 in ~ t.er ~ O;\W;y at ~larI1 in I)!fd ll:dt A<!5 ~ a06. grante! an:! .~ unto Michael O. Painl::ar an:l d1.uyl L. Painter, htJab4rd an;i \'11 fo . , I #^ ," .f ... :~:. }.t l 'J: f~ ;~ '; ~ ." .~ ,'. :....-j J;, ~ : l. . .; , f 'I: , i . "?' . ': ,: r. I.~ f '\. . ( , ~ f .' '. .-;' .:~'.:' l .// ;:." 1 " r ... . : . :~,: . ,I ,.'.l "."f../ .)- . ': :,. . ~ /' . , ~ . ..: .f."1 . '. r '..t- i . ,i r .-' ~ . I , ...."',-'l" ~ '" "; }.~fj .. . ".. , '. ... }. " . ~ . ,l :. ., ;.... i":: .' ~ '. . ....if .',. - :;.~ t .. ~ fl 5f IJ ~ "";;'17 '> , Iff' ~,. < . t;p,...' f. J, ' ..- ~,.. :~\ '!f;~1 ~ ",-f,;,;". . ..-- ...,~ Y:"'?" ;;;;f4~ ;:.';I!<' ': ,; VI ".'t ;..;...t ! r::n'-' '.._.~ A....'" " t;'\11 t"V f~ ').'1 .k. ; ; "I J(J./ "),7- when K~ed Mau to: T.D. Service CotupaAy 1820 E. First St.. Suite 300 SJDta Ana, CA. 921()S .L ~ S '1 f0.t ~ ( "'~~.'i~ ROSERT p, ZIEGLER ...:~~()ftDE:R Or DEEDS . .,: ~.A!.!~ COt1fn;-.. j: ,,, 'I}~ J!JN 1? PM 12 Q7 t':oI1Icranllll AIS'1P'111ClII1 "f)teal &r.rc Mutlpae COf($tI\. f "0VIl LAWYal KJI'OU IIGMtHC THIS lNS1'Il~TJlfS INIftVMlHrSROVt.O Ill: tJllO IV LAWYi:RaoHLY. LGu. 64)7206 Know That ~ ad 'Ir-.1'n!It CompIny.. TrJltllll 6t3 Sl!IlIIIleaSuwt _ JlIoot 8lUfWo. NY 14210 1ft ~ orONI! OOUAR. AND 0'Jlfn 0000 AND V ALlJABLeCONs.tDERA 710N paid by CHlUS11ANA DANK It TRUST COMPANY AS OWNER TRUSTEE FORSECUIlIT\' NATIONAL FlJNDJNG TRUST C/O 323 5th Strut, Eureka, CA 95501 , Utiplor, . doIlIn, h..y -iFa \llUO ..!pee, MorfwIt.w.d tho31dd&yot Apn'l. J~J INdeby MlCHAI!LD PArNTBJt, adC!l:aYLL PAINT1lP. to IAO\INA CAPITAl. MOR1QAQIi CORPOIlA TJON lDtht~fUmof $9Uoo,00 IIIdJlCOfdl4onlhtl$thdayof A)lriI.199a III (Lilllr) (blord Liller) (Reel) 14045 of Mollppl. /lII1t 116S. in tho omlUl 0' Illoe C\JmberlancI of the Q)veritlS pmNalClf l'CCO. of 110 MOl.lNTAIN P.OAO, NBwvn.LE, EtA 17241 Blodr Lot 'T'I.ACT Wo.3 AND 4 CelliI)' or Town CllftIberlIM Sec!l0l'l Di.mict TN 150C)4.03~3-l)4'.IQ.tS JuInaalt If Bll ,-iBnH, "',' . SNSC Loan II 161709 Prior Loan II 2064372069 PAlNlBlt MICHAEL ~""offlBlNl!M.VAtM }. CcuN.ydCUM8GR\.AND I AclbIrtP.2JIPir.~. do.... c.-,1hM...~lI.tNt - ~~~~.--.l.rill'a m;~ ~. . .Q, 0.,"": '.~' ~ ~~.'"A OO(Jj( 709 pn~ EXHIBIT . ... j C v . . RECORDJNG ltEQUESTBD AND PRE!'AllED BY: TD. Ser1lfr:e Company l~O E. }l'b-n St., SuIte 3&0 Sllnbl Ana, CA 92185 (714) 5434371 DENISE P, DENNIS ROBERT P. ZIEGLER RECORDER Of DEEDS CUMBERLAND COUNTY-P^ ZOO, Sf? lli Rf'l 9 52 And When R.ecorded MAil To: T.D. Servke CompaDJ' 18:20 E. F.il'ft St., S1IIte 300 Santa An., CA n705 _ . Spac~ above for Recatdc;r'lll1liC MEltS MIN#: 10G030s-000e162709-l PHORJl&m.1iU__ CllStomcr#: 574 Servil:c#; 238'l''3AS~ II_lilt- Loan#: 162709 ASSIGNMENT OF MORTGAGE For good afld valuable oon8idemti.on, the suffioieuoy of which a hereby acknowledged. CHRJSTIANA BANK &. TRUST COMPANY, 313:FIFTH ST ElJ:REICA CA !15M!...,. By theBe ~Mll.tlI doe. couvey, gn:ttt. bll1'gain. lIefl, UlIign, ttlmJIfer and !let O'Ve1 w: MORTGAGE ELEC'I'RONlC REGISTRATION SYSTEMS INC., 1595 SPRlNG.BILL RD, SUITE :310 VJENNA VA Utu-otOl. The deac:l1led Mottpge. togtJther with the certain'Dote(ll) de.mbcd them!! with au iDtarctt. J.llli~. mdmy rigItU dne or to become dl.ul tbeteotl. Said MOl11/lgc iCr S!JI,CieOM:" is ~orded U1 tho State ofPENNSYLV ANJA, ToW1Ullrlp ofCUMIiEItI.AND (TOWNSBlP), County of ctJ'MBEKLAND Official R.=orda, dated APJUL 03, 1991 u4 reoorCfo4 on A:PRn, . IS, 1998, .~ :m..trllm..t No.lli, lu Book Ne. 1441. Ilt P_ltI No, 965. . ,;',) . l . ., . . ". t;. Original Mortgagor: MlCIIAEL D. P AlNTER..AND CHERYL L. PAINTER. Original Mortgagee: LAGUNA CAlIT AI. MORTGAGE CORPORATION. LopI Deacription: See Attaelttll ExJdbft. Property ~.:sw ~~rn~ ROAD. NEWVlLLE, pA-lm1. PARCEL# 15-1+039U47/04t. CllRISTlANA BANK & TRUBY COMPANY AS OWNER TRUSTEE FOR SECURIl"Y NATIONAL FUNDING TRUST, BY: SN SERVICING CORPORATION, AN AX.AsXA CORPORA-nON, rrs ATTORNEYIN CT By:- JuUllA. State of CAIP"ORNJA } COllnty of ORANG~ } 58. On _ SEP 0 2 2004 . before me, C. BatU, pc:rJOmUy IpJ'el"cl Ide A. Y.f2I, Vie. Pndcle.t of CBJUSTIANA BANK & TRUST COMPANY AS OWNER TRUSTEE .FOR SECUlU'l"Y NA'I'IONAl. FDNDlNG TRUST, BY: SN SERVICING CORPORATION, AN ALASKA CORPORATION, ITS ATTO:RNI:Y IN F ACf pmonaUy lcnOWD to .me (or prov~d to me on the bam of aatilfaoUll'y eviddlce) to be tho per!ion(u) Whose namc(8) iBla:re ruhllCribed to "the within mltnunc.nt lI%ld acknowledged to me that he/rhe/they exe~~ tho 1I8me in hillbe:rlthcir autboriJ:cd capacity(iflt) J.l1d that by hilIIhcr/thtir Ilipture(s) 011 the QJ.~ent the pertOn(~), or the entity llpon beh.alf' of which the perton(lI) aeted. executed the ~t. Witness my ~d and official 8Clll. II' - -'II' ..."e ....,. ~ , . . . - . . ~ ~_ COM~~A~17g4 ~ . - . . Q NOTARY !'UBUC CALIFORNIA ::: (NoW)' Nalue); C. Batt. ~ ORANGE COUNTY 2 it My .;omm.lIXll. NoY. 23. 200ti it . ..~ _ . . T T _ ~ . _ _ ~ __ ..., 8~JY. 71"1 PM;E2G63 EXHIBIT ID ,- it; ; [.QUJiI; 162709 SrvH: %3S8163AS2 Page Z r hereby certifY that 1he precise addreta of the within named aasi8l1e8 i.: ).595 S:PRING HILL lID, sum 310 VIENNA VA 2:218z.ooo0 By: /~~ JuNe A(:J;l" V~~"deJlt .'., I CC:-l: 1']' [hiS to be recorded 11; ; 'irnb,~rland County FA '"":.('~ r:' J-YLM \\ . j ,- :/ -~ Recorder of Deeds 600~ 711 PACE2664 ......_,,_.~-_. ...--....- -." ._,.",~.. - .' , . J'i)mJIIll -A,"" AlIIIdl<<lIO and IllIBfIl . plrt of RiJ9ott. TCt4elM3 AIf~lt~ (1:2. fMlIll'Ia ollfnd.ltuIIla tl ~ NIlIIln lllMl~ C~ Cllulll)l. ~ moot ~bcMdea'.,ll dOlllCdIHlde. ~ PIm;:8/ NLI11!>>- 1: ~.un Jronplp/l. th.~ ~otTIXt"o. :tt/tM ......... ~ &bcIMlJOn Pflll;tIInelI byTrllCtMa. ~ IlL MId SubllIlIIIrbI Pltn Norih "f <feCJNM sa lIlhIWI 05 ___ WtIIl211'i _10 WI lrDn jWr.1fIIra "'f TI1Id. ~ t d. .aid tUIldM..... PlM tbIIl32 -... 3 ml1\lllllt is M<and& Sat = fill to 1ft lrOIIll/pIt; lhot_1ly T'1IGt ~o. " ot Hill .~ PotrtMUlhe1 ~!it II'IInIMIIlIS IIlICOlIda a..t :Z1151oMt1O lIIl lIlll'l pn:troM1elllylttld _orbm-'YoI Nlh1rrt ......10UII32~ 2!1 mlnula 2$ M1':OndlI W..I:olOll_ro." klln~. ~..or ...,.,t1o. PMC8l 2; 8egIMlng lit lion Iron ~ .c ltIII ~Q:lfIUIr~ b:t No..3 on ~ ~ mtrlllonod.uwwllJlgn pltn,btCllle IlrTrICt No. 3 of said ~ Pbl ~ 81 d.... 5Smnsta 0lI.ccnda W... 21S1eBt 10 In Ircln ph; lIlIIIIOctty TTIct No. 1 rrf..leI 8ubINlIIc:Ift ..... Ncrt1132...... 2IJ ~ 23 -.on. E*i1214.17 flltlro In h:rI pin; blnr:el'f IMd rwtNfor ~y"'~W. W~.Jr..&u1lr1l1__Ge~0i5__EBt 21/$ flMlliIt 1Ill/Ul pipe: ltlIIlllt "'1a1Cl rqI( IW'1'IlnI*I)I fA ~ J. NIIIan ~ 32 __ 28 mlnubot l' Malndt-' 21'.11 MtlDlIII'I nJn pln. ~ of~ ) . aOQK 711 PAGf266.5 VERIFICA TION L Joseph S. Wiesmeth. Esquire. Attorney for Plaintitf. MOligage Electronic Systems. Inc" do hereby swear and affirm that the tacts set torth in the within Complaint are true and correct to the best ol'I11Y knowledge. int()rmation and belief based upon the information given to me by the atoresaid party client. I make this Verification under and subject td the penalties of 18 Pa.C.S.A.. Section 4904. rclalin~ 10 llnS\VOrn falsitications to authorities. 1-11l- Joseph S. Wiesfeth. Esquire ". ~ (:) ~ 'i lrt !'1 frt 0 ,....." ~g 5 ~ C~l (- ('"'~:l f) .J..- Z "-l ::I::n ~ ~ C) P',.... , D: ....;: CIl -r)m ~ :-fJ'r S:)u ~ -T' -0 :J;-d J- ::-L ~;t C5 w () iT1 .::;;! N :LJ co -< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEAL TH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. (JhA-i~ ~J?~ PROTHONOTARY (J If you have any questions concerning the above, please contact: Joseph S. Wiesmeth, Esquire Wiesmeth & Hardy Attorneys at Law, P.C. 919 Main Street Stroudsburg, PA 18360 (570) 424-2848 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDICIAL DISTRICT COMMONWEALTH OF PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants PRAECIPE TO ENTER HEF AlJL T .JUDGMENT TO THE PROTHONOTARY: Kindly entcrjudgment against Defendants, Michael D. Painter and Cheryl L. Painter. in the above-eaptioned matter. The attached Notices of Odault Judgment was sent to Defendant on December 6, 2004. Artidavits of Service are attached hereto. The last known address of Ddendants is as follows: 2250 Dusty Lane Enola, P A 17025 The last known address of Plaintiff is as follows: :) I Veronica I.ane Somerset. NJ 08X73 WHEREFORE, Plaintitfdemandsjudgment in rem against Dct'endants and the Premises in the slim of$150.:25IAO plus intcrest at the ratc 01'$:24.27 per day from September 3. :2004. together \\ ith other costs and sums rcco\'erable under the mortgagc and l(l!' the ,'oreclosure and judicial sale or the Premises. Respectfully submittcd. WIESMETI-I & HARDY ATTORNEYS AT LA W, P.l'. By: Joseph s. ({-;::'~lIire Attorney tti~laintiff <) I 9 Main Street Stroudsburg. PAl X360 l.D. # 49796 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDICIAL DISTRICT ('OMMONWEALTI-I OF PENNSYL":\.\L\ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff \'. MICHAEL D. PAINTER anu CHERYL L. PAINTER, Defenuants AFFIDAVIT OF NON-MILITARY SERVICE lkfon: me. the undersigned authority, personally appeared Joseph S. Wiesmeth, Esquire, who being duly svvorn according to lavv, deposes and says that he is the attorney of record for the within !llaintill: that as such he is duly ~luthorizcd to make this J\1'lid~l\"itllll its bch~M: and that tu the best of his kno\vledge, in/(lrIll<ltion and belieC the within Defendants. Michael D. Painkr and Cheryl L. Painter. are not in the military service of the United States of America. Joseph s. w1:;"SS'lUire Attorney to1~~aintiff S\Vt~PA to <.\l:d ~bscribed before me this 11T'day ol0..J~U. 2004. (2~6 fJZund COMMONWEALTH OF PEN!'lSYLVANIA Notarial Seal Christine E. Munch, Notary Public Stroudsb~ Boro, Monroe County My CommiSSion Expires Feb. 5, 2008 Member, Pennsylvania Association of Notaries COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYL VANIA MORTGAGE ELECTRONIC IU~GISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants IMPORTANT NOTICE To: Michael D. Painter 2250 Dusty Lane Enola, P A 17025 Date of Notice: December 6, 2004 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 THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF THIS NOTICE, A JUD(jMENT AMY BE ENTERED AGAINST YOU WITlIOUT A IIEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RICil-HS. YOU SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, CO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOl] CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlCilBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE COURT ADMINISTRATOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 240-6200 WIESMETH & IIARDY. ATTORNEY,' AT LA W, P.L'. /' -IlL- Joseph S. W' 'sl11eth. Esquire Attorney t<'lI Plaintiff 919 Main Street, Stroudsburg, P A 18360 (570) 424-2848 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDICIAL DISTRICT COMMONWEALTH OF PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants AFFIDAVIT OF SERVICE I. Christinl: L Munch. herd1Y cl:ltify that. pursuant to Court of Common Pleas of the 43rd Judicial District of Monroe County. Commonwealth of Pennsylvania. Rules of Civil Procedure and/or Pa.R.C.P. 440. that of even date herewith. I sent a true and correct copy of the I(lllowing document(s) to the individual(s} and in the manner stated below: If service was made certitied mail. return receipt requested. prollf llf serv ice is attaehed hereto. Doc umen t( s } I () Day Notice for Det~lUlt Judgment Manner of Service First Class Mail. Postage Prepaid Individual(s} Served Michael D. Painter Placl: of Service 2250 Dusty Lane I:nola. P^ 170:25 This aflidavit is made subjecttll the penalties of I g Pa.C.S. Section 5l)()5 relating to unsworn falsitieations to authorities. Date: /<J../ q/{)( Christ{i~;;C{tary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~th .JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff Y. :VIICHAEL D. PAINTER ami CIIERYL L. PAINTER, I)cfemhmts IMPORTANT NOTICE To: Cheryl L. Painter 2250 Dusty Lane Enola, P A 17025 Date of Notice: December 6, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORN EY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITI IIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT AMY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. VOU SllOllLD TAKE TillS PAPER TO YOUR LA WYER AT ONCE. II: YOU DO NOT I-I A VE ,\ 1.\\\\'l:R. (i() 10 Ol{ IFLLI'IIONI: IIIL OITICT SET FORTII [{I LOW IIIIS OFFICE CAN IJRUV I 1>[ YOl W 11'11 IN Hmf\I!\ IIUN !\IHH]T 1111<. I N(j A LA V\'Y FR. IF YOl! CANNOl AITURD TO IIII<.E A LAWYER. IIIIS UI,I.ICF Mi\ Y 13L ABLE TO PROVIDE YOll WIIIIINH>RMATIUN ABUUT ACiENCIES THAT MAY UI.TER LEGAL SERVICES 1"0 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE COURT ADMINISTRATOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 240-6200 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. ()4-55()() Civil Term IN MORTGAGE FORECLOSURE Plaintiff Y. ;vIlCHAEL D. PAINTER am' CHERYL L. PAINTER, Defendants AFFIDAVIT OF SERVICE I. Christine l:. Munch. hereby certiry that. pursuant tu Cuurt ur Cummon Pleas ur the -+3rd Judicial District ur ,I'V] unrue C\HlIlty. ('ommonwealth 01' Pennsylvania. Rules ur Civil Procedure and/or Pa.R.C.P. 440. that of even date herewith. I sent a true and correct copy urthe rolluwing document(s) to the individual(s) and in the manner ~tated below: If service was made certified mail. return receipt requested. prour or sen ice is attached hereto. Ducul11ent(s) I () Day Nutice I'm l)et~lLIlt Judgment Manner ui' Sel'\ ice I'irst Class ["I/!;lil. Pustage Prepaid Individual(s) Served Cheryl L. Painter Place ui' Service 2250 Dusty Lane Enola. P A 17025 This anidavit is made subject to thc renalties of 18 Pa.C.S. Section 5905 relating to unsworn l~lIsilicatiuns tu authorities. Date: III /9/01 t~ ' t~~~ ~ ~ ~ 0 ~ ~ D ~ (U S r- ~ 1- (t t"- ,') " ) ~) \ \ _l"" j , r~=' :';,'l > , (~ ... I 'I ~l --,": I : I, _~) ~".', I \ I -. ~ 1. :\ ;" :;~ I . . ~ _..- .t~"'" .....:- , .' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF MONROE The undersigned, being duly sworn according to law, does hereby state that she is a person of such age and discretion as to be competent to serve papers; that on February] 6, 2005, she served a Notice of Sheritr s Sale of Real Estate pursuant to Pennsylvania Rules of Civil Procedure 3129.2, inter alia, describing the property to be sold, its location, the improvements. ifany, the judgment of the court on which the sale is being held, the name of the owner. and the time and place of sale by placing same in a post paid envelope, addressed to the persons who are hereinafter named, who are or may be lienholders on the real estate subject to sale. at the places and addresses stated below, by delivering said envelopes and contents to a Post Office Employee at a United States Post Otlice in Stroudsburg, Monroe County, Pennsylvania and obtaining a Certilied Mail Receipt for each Notice. True and correct copies of the Certilied Mail Receipts, PS Form 3800, and Domestic Return Receipt, PS Form 3811. are attached hereto, marked Exhibit "A" and incorporated herein by reference thereto. .' v Credit Base & Assct Servicing & Securitization. L.L.c. 335 Madison Avenue New York. NY 10017 Cumberland County Domestic Relations 13 North Hanover Street Carlisle. P A [7013 Cumberland County Tax Claim 1 Courthouse Square Carlisle. PA 17013-3387 Shelby Winter Tax Collector 529 Shed Road Newville, P A 17241 }--/lZ' ... (ere t( C . stine E. Munch Legal Secretary SWORN TO and subscribed to bet()re me this Z2- day of --:fcbAtfi'lY .2005. --- f 1.-111 NOTAR Y pu/3uc Notarial Seal !oseph S. WIElSffie\tl. Nolary Public s\tOOdSllUrg Boro. Monroe County 1 CcmmissiOO Expires Feb. 8. 2007 V .. aN taries '!)er, Penn$ylvani8 AssOcIation 0 ~ EXHIBIT "A" ...Jl f'- rn ...Jl U.S. Poslal Service"" CERTIFIED MAil." RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru U1 f'- .,.. r'l o o o o ...Jl ru ru Postage 0 Certified Fee ~.30 0 0360 Return Reclepl Fee 06 Poslmarlt ~ (Endorsement Required) $f.?57 '5 He.. Restricted Oeli'J6ry F.ge $0.00 (Endorsement Required) Total Postage & Fel~s $ f'4.60 . Complete items 1, 2. and 3. Also complete item 4 ~ Restricted Delivery is desired. X . Print your name and address on the reverse so that we can return the card to you. . Attach ..card to the back of the mailpiece, or on thi'fiiint W space pannils. 1. Artlcle~ to: Credit'" &: Asset Servicing &: See - . 335 MadIaonAvenue New York, NY 10017 3. Sa Type Certified Mall 0 9<f>rese Men D Registered Iil'"Return Receipt for Merchandise o In_urod Mall 0 C.O.D. 4. R_cted Delivery? (Extra Fee) 0 Yes 2. Article Number crr.nofar from servlc6lebe1) PS Fo,m 3811, August 2001 7003 2260 0001 9752 6376 DorneIItc htuin RecIlIpt 102595-02.M-1540 EXHIBIT "A" (Con't) CI rr- m JJ ru Ul I'- rr- U.S. Poslal Service", CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ '0 ,9 .3f{3 () ~1.757 5 0360 06 Postmark Hare H CI CJ Retum Reciepl Fee CJ (Endorsement Required) C1 Restricted Delivery Fee ...D (Endorsement Required) ru ru Certified Fee $0.00 tT1 Total Postage & Files $ ,:J 02/14/2005 ~ Cl SantTo C b o urn erland County Domestic Relation I'- ~!~;::::~of3'Nort1i,}ianover'Street'h'hhhh""h""""h Ci6i'siai';Z1~tste;'j7A'T7OTr""h""-_h"_h_h_h"____'h_- PS form 3800, June 2002 See Reverse tor InstructIons . Complete items 1. 2. and 3. Also complete nem 4 if Restricted Delivery ill desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennilS. 1. Artiole Addressed to: ~--=0iI'- Cumberland County Domestic Relation 13 North Hanover Street Carlisle. PA 17013 3. 9 Type CertJtied Mall [J Ij>opress Man o RegIstered 19"'Aetum Receipt for Merchandise [J Insullld Mall [J C.O.D. 4. Restricted DelIvary? (Extra Fee) [J Ves 2. ArtIcle Number (rransfer from service /abeIJ PS Fonn 3811. August 2001 7003 2260 0001 9752 6390 Oomeetic fWtum Reoelpt 102595-02-M-1540 EXHIBIT "A" (Con't) U.S. Postal Service,,, CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) '" '" '" ~ ror.rc."".":.'~,..,.,..:""."a":~;.."'. ;:=ma ,....."".,~~.".'" t"- IT' Postage $ , 0 Certified Fee ~ 0 p- Return RecI~)pt Fee I 75 Here (Endorsement Required) Restricted Delivery Fea (Endorsement ReqUlrad) Total Postage & Fees $ .&5 ....; o o o o JJ ru ru '" CJ Sent 0 o . hh..."..._m..."_"Cy.m!l!:.r.!i!D.~.~.Qgn~Y.li!"."~.l!!im.....m t"- 5'...,. Apt. No.; I C rth S o,po80xNo. au ouse quare citY."Si.ii8;ZtP;4....c.a:iil'sIe");A'T'7oT3::3jJJ"jm................ PS Form 3800 June 2002 See Reverse for InstructIOns . Complete Ilems I, 2. and 3. Also complete ~em 4 if Restricled Delivery Is desired. . Print your name and address on the reverse so thaI we can return the card to you. . Attach this card to the back of Ihe mail piece. or on the front if space permits. 1. Article Addressed to: O. Is delivery addlWls dlff$reht from Item 1? If YES, enter deUvery address below: Cumberla1d County Tax Claim I Courthouse Square Carlisle, PA 17013-3387 3. ~ Type lYCertifled Mall el)!l<press Mall o Registered III Return Receipt for MerchandIse" ellns","" Mall 0 C.O.D. 4. Raatricted DeIlve<y1 (ertJa Fee) 0 Vas 2. Article Number rrran_ from seMce lab&/) PS Form 3811. August 2001 7003 2260 0001 9752 6383 Oorneatie Return ReceIpt 1Q2595-Q2-M-154Q ~ EXHIBIT "A" (Con'tj U.S. Postal Service"., CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ..n Cl =r ..n ru U1 l'- tr r'l Cl o Return Aeciept 1=69 o (Endorsement Required) D Restrlcted O9llvel)' Fee J] (Endorsement Requir<~d) ru ru POs1.ng9 Certified fee 0360 06 Postmsrk Here Total Postage & Fees $0.00 $ j 5(g5 m ~ Sent To Shelby Winter, Tax Collector l'- Si".i..Apf;;ii,.h.....S2"9".Sheci'Ro..i'dh.h.h.h..h.h.. .h,.......h... or PO 80.... No. a,y,.SiBi.:ZiP+4".'HewvilTe;.PA'T714T..h.h.................... PS Form 3800, June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECT/Of. TE THIS SECTION ON DE lIVERY . Complete items 1, 2, and 3. Also complete item 4 ~ Res1ricled Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this earn to the back of the mailpiece, or on the front if space permits. 1. Articl.~_to: ;ii;~:; A Signature x D. Is de1iv"'Y dlfferentlrom _ 1 If YES, enter del/very address below: 0 No "'<:''' Shel.bf-.Winter. Tax Collector 529 Shed Road Newville, PA 17241 3. Septfce Type g'CeTIilIed Mall [J ~ Mall D Registered Q'Return Receipt for Merchandise o Insured Mall [J C.O.D. 4. Restricted DelivaI}'? (Extra Feel [J Ve. 2. Article Number (Tran_ftom_/abBI) PS Form 3811, August 2001 7003 2260 0001 9752 6406 oorn.eec ~ A<<:eIpt 10259S-D2-M.1540 ~ """" ~ ~ 1: ~ ,.;> ~ ~.. , -'~: 6"' SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE,NO: 2004-05500 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS. PAINTER MICHAEL D ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,PAINTER CHERYL L by United States Certified Mail postage prepaid, on the 2nd day of November ,2004 at 0000:00 HOURS, at 317 WYE ROAD ESSEX, MD 21221 , a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by 00/00/0000 on Additional Comments: ENVELOPE WAS RETURNED TO SHERIFF'S OFFICE STAMPED UNCLAIMED. Additional Comments Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 5.11 .00 10.00 .00 21.11 So answe.rs-:,/ // ,~~~,.,,-,.--/~-, /,-"",--'~'-'''-'~'--:,-,,' ,:. /k~>~<,\c::_~~ R. Thomas Kline Sheriff of Cumberland County Paid by WIESMETH & HARDY on 11/30/2004 . Sworn ~nd sUbscri~d to before this ~~ day of ~ ~.r A.D. ~, 0. fnA;j,. < ~ . ~ othonotary , -- - me SHERIFF'S RETURN - REGULAR ~ASE,NO: 2004-05500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PAINTER MICHAEL D ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE PAINTER MICHAEL D the DEFENDANT , at 1617:00 HOURS, on the 3rd day of November, 2004 at 2250 DUSTY LANE ENOLA, PA 17025 by handing to CHERYL PAINTER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.88 .00 10.00 .00 36.88 Sworn and Subscribed to before me this f.c ~. day of q~ bof _ A~. . t2 'ht.u O,~:, tJ.ri7 Prothonotary So Answers: .~>)?~~~-R , . R. 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S ~ :i CD Q. ~ :3 ~ o o $- 00 So ~ ~ o a. <0 w.. ro a <. ~ <0 <0 -< Q) ~-- ---<...~---,-,---,"p, ...~.-- =,.,~. - --- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above-captioned matter: 1) Directed to the Sheriff of Cumberland County; 2) Against the Defendants, Michael D. Painter and Cheryl L. Painter, in the above- captioned matter; 3) lssue and index this Writ against the following real property: ALL THOSE CERT AIN two (2) parcels ofland situate in Lower Mifflin Township, Cumberland County, Pennsylvania. more particularly bounded and described as follows: PARCEL NUMBER 1: BEGINNING at an iron pipe at the Northeast corner of Tract NO.2 ofthe hereinatler mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin: thence by Tract No. 1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No.4 of said Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe. the place of BEGINNING. CONTAINING 0.984 of an acre, more or less. IT BEING Tract NO.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40. Page 88. TOGETHER with a 20 toot wide private right-of-way tor purposes ofingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No. 2 as shown on said Subdivision Plan. owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-ot~way being the responsibility of the owners of Subdivision Tract Nos, 3.4 and 1. SUBJECT, HOWEVER to a 20 toot wide private right-of-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns. over the Northwestern 20 feet ofthe premises herein described. as indicated on the aforesaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin: tbence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.17 feet to an iron pin: thence by land now or formerly of Robert W. Weary. .Jr., South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to an iron pin, the place of BEGINNING. CONT AINING 1.054 acres, more or less. IT BEING Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover. his wife. which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Plan Book 40. Page 88. TOGETHER with a 20 foot wide private right-of.-way for purposes of ingress, egress and regress to the Grantees herein. their heirs and assigns, over the Northwestern 20 teet of Tract No. 3 and 2 as shown on said Subdivision Plan. owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-ot~way being the responsibi lity of the owners of Subdivision Tract Nos. 3.4 and 1. HAVING thereon erected a single tinnily dwelling. known and numbered as 110 .. Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Debra K. Gordon. husband and wife, by Indenture dated April 3. 1991 and recorded in the Of1icc of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-35. Page 806. granted and conveyed unto Michael D. Painter and Cheryl L. Painter, husband and wife. . IMPROVED LOT ASSESSED VALUE: 90,000.00 TAX PARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) 4) The amounts due and owing are: Principal balance: I nterest from 6/15/0 I through 9/3/04 Attorneys fees 10% Late Charges Costs of Suit to date Title Search Escrow Deficit Returned Check Fee Delinquent Real Estate Taxes Per Diem interest of $24.27 from 9/3/04 Total $96.045.24 $29,334.85 $13.659.22 $632.71 $250.00 $150.00 $10,179.38 -0- $0.00 accrulng $150,251.40, plus accruals Respectfully submitted, WlESMETH & HARDY ATTORNEY AT LAW. P.C. By: Joseph, . Wiesmcth. Esquire Attorne for Plaintiff 919 Main Street Stroudsburg. P A 18360 J.D. #49796 ~ \ ~ ~ t: 'f:l. ~ bf l \-:l ).7l ~ ~~ ~ ( ~~ ~ 8 r~ ""6oj. "Q --- 0~w....... -~. ~....o ~ :- l ~ ." 'I'I)--'D\) ~) ;;" g () -- "c (; ""J ~ I I ' ~:J ~',:~F- ~ -~~'1) ~:~ ~, ('.. , c__ --, .. --,._, I ~ - '.':.J ", , - ;,,) 0' , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEAL TH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration SYstems. Inc., Plaintiff in the above action. sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 110 Mountain Road, Ncwville, Lower Mift1in Township, Cumberland County. Pennsylvania (Descrihe the real property to be sold Of a((acl1 a description as an exhibit). 1. Name and address ofOwner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, plcase so indicate) Michael D. Painter 2250 Dusty Lane Enola, P A 17025 Cheryl L. Painter 317 Wye Road Essex. MD 21221 I' ~ 2. Namc and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicatc) Michael D. Painter 2250 Dusty Lane Enola, P A 17025 Chcryl L. Paintcr 317 Wye Road Essex, MD 21221 3. Name and address of every judgement creddor whose judgment is a record lien on the real property to be sold: Namc Address (if address cannot be reasonably asccrtained, please so indicate) Mortgage Electronic Registration Systems. Inc. c/o Joseph S. Wiesmeth, Esquire 919 Main Strect, Stroudsburg, P A. 18360 4. Name and address ofthe last recorded holder of every mortgage or record: Name Address (if address cannot be reasonably ascertained, please so indicate) Mortgage Electronic Registration Systems. Inc. c/o Joseph S. Wiesmcth. Esquire 9] 9 Main Street, Stroudsburg, P A. 18360 Crcdit Base & Asset Servicing & Securitization, L.L.c. 335 Madison Avcnuc New York, NY 10017 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot bc reasonably ascertained, please so indicate) N/A " ~ 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: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013-3387 Cumberland County Domestic Relations 13 North Hanover Street Carlisle. P A 17013 7. Name and address of every other person of whom the PlaintitThas knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained. please so indicate) Shelby Winter, Tax Collector 529 Shed Road Newville, P A 17241 I verify that the statements made in this atlidavit arc true and correct to the best of my personal knowledge or information and belief. [understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. /./0 0:[ 1-/~ Date PlaintitT COIJRT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: MICHAEL D. PAINTER 2250 Dusty Lane Enola. P A 17025 TAKE NOTICE that by virtue of the above Writ of execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania. and to the Sheriff of Cumberland County, Pennsylvania, directed. there will be exposed to Public Sale in the Cumberland County Courthouse. on the 8th day of June, 2005. at 10:00 o'clock a.m the following described real estate. of which Michael D. Painter and Cheryl L. Painter are the owners or reputed owners: ALL THOSE CERTAIN two (2) parcels ofland situate in Lower Mitl1in Township. Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NUMBER t: BEGINNING at an iron pipe at the Northeast corner of Tract No.2 of the hereinatier mentioned Subdivision Plan: thence by Tract NO.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 2] 5 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract NO.4 of said Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of BEGINNING. . CONTAINING 0.984 of an acre. more or less. IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns. over the Northwestern 20 feet of Tract No. 2 as shown on said Subdivision Plan, o'-'lled by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and 1. SlIB,JECT, HOWEVER to a 20 foot wide private right-of~way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns, over the Northwestern 20 feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract NO.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214. I 7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, .lr., South 61 degrees 58 minutes 06 seconds East 215 feetto an iron pipe; thence by land now or lormerly of Edward.l. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to an iron pin, the place of BEGINNING. CONTAINING] .054 acres. more or less. IT BEING Tract NO.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife. which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns. over the Northwestern 20 teet of Tract No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of~way being the responsibility of the owners of Subdivision Tract Nos. 3,4 and 1. HA VING thereon erected a single family dwelling, known and numbered as I 10 . Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Debra K. Gordon, husband and wife, by Indenture dated April 3. 1991 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-35. Page 806, granted and conveyed unto Michael D. Painter and Cheryl L. Painter. husband and wife. . IMPROVED LOT ASSESSED VALUE: 90,000.00 T AX PARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisbnrg, P A ] 7108 (800) 692-7375 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs. a petition to open or strike the judgment or a petition to stay the execution. J fthe judgment was entered because you did not file with the Court any defense or objections you might have within twenty (20) days after service of the Complaint in Civil Action-Mortgage Foreclosure and Notice to Defend. you may have the right to have the judgment opened if you promptly tile a petition with the Court alleging a valid defense and a reasonable excuse for failing to tile the defense on time. Ifthe judgment is opened, the sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the right to have the judgment stricken if the Sheriffs has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right. you would have to tile a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the . Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sherin"s Sale. To exercise this right, you should file a petition with the Court after the Sale and before the Sheriff has delivered his Deed to the property. The SheritT will deliver the Deed if no petition to set aside is tiled within ten (10) days from the date when the Schedule of Distribution is tiled in the Ot1ice of the Sheriff. WIESMETH & HARDY, ATTORNEYS AT LAW, r.c. ,...JtL-- Joseph S. licsmeth, Esquire Attorney for Plainti IT . ..~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDIClAL DISTRICT COMMONWEALTH OF PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: CHERYL L. PAINTER 317 Wyc Road Essex, MD 21221 TAKE NOTICE that by virtue of the above Writ of execution issued out of the Court of Common Pleas of Cumberland County. Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania. directed, there will be exposed to Public Sale in the Cumberland County Courthouse, on the 8th day of June, 2005, at 10:00 o'clock a.m the following described real estate. of which Michael D. Painter and Cheryl L. Painter are the owners or reputed owners; ALL THOSE CERT AINtwo (2) parcelsofland situate in Lower Mifflin Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows: PARCEL NUMBER I: BEGINNING at an iron pipe at the Northeast corner of Tract No.2 ofthe hereinafter mentioned Subdivision Plan~ thence by Tract NO.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 teet to an iron pipe; thence by Tract NO.4 of said Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe. the place of BEGINNING. p- CONTAINING 0.984 of an acre, more or less. IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife. which Plan is recorded in the Ot1ice of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 40. Pagc 88. TOGETHER with a20 foot wide private right-ot~way tor purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns. over the Northwestern 20 teet of Tract No. 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-ot~way being thc responsibility of the owners of Subdivision Tract Nos. 3, 4 and 1. SUBJECT, HOWEVER to a 20 toot wide private right-ot~way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns. over the Northwestern 20 feet of the premises herein described. as indicated on the atoresaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 teet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.17 feet to an iron pin; thence by land now or formerly of Robert W. Weary. Jr.. South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pipe: thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to an iron pin. the place of BEGINNING. CONTAINING 1.054 acres, more or less. IT BEING Tract No.4 ofthe Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his witC. which Plan is recorded in the Otlice of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Plan Book 40. Page 88. TOG ETHER with a 20 foot wide private right-ot~way tor purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns. over the Northwestern 20 feet ofTracl No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-ot~way being the responsibility of the owners of Subdivision Tract Nos. 3. 4 and I. HA VING thereon erected a single family dwelling. known and numbered as 110 ~. Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Debra K. Gordon. husband and wife. by Indenture dated April 3, 1991 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-35, Page 806. granted and conveyed unto Michael D. Painter and Cheryl L. Painter, husband and wife. . IMPROVED LOT ASSESSED VALUE: 90,000.00 TAX PARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights. prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheritrs Sale by tiling, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. tfthe judgment was entered because you did not tile with the Court any defense or objections you might have within twenty (20) days after service of the Complaint in Civil Action-Mortgage Foreclosure and Notice to Detend, you may have the right to have the judgment opened if you promptly tile a petition with the Court alleging a valid defense and a reasonable excuse for failing to tile the detense on time. If the judgment is opened, the sheritTs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the right to have the judgment stricken if the Sheritrs has not made a val id return of service of the Com plaint and Notice to Detend or if the judgment was entered before twenty (20) days after service or in certain other events, To exercise this right, you would have to tile a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the ..- . Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside ifthe property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should tile a petition with the Court after the Sale and before the Sheriff has delivered his Deed to the property. The SheritTwill deliver the Deed ifno petition to set aside is tiled within ten (10) days from the date when the Schedule of Distribution is tiled in the Offiee of the Sheriff. W1ESMETH & HARDY. A TTORNEYS AT LAW. P.C. ~IIL--- Joseph S. Wie meth, Esquire Attorney for laintitl r._' i-" ,.-1' .-, ~< \ ~1 \,,; f") c.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th .JUDlCIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER lInd CHERYL L. PAINTER, Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COUNTY OF MONROE COMMONWEALTH OF PENNSYLVANIA : 55. Before me, the undersigned authority, personally appeared Joseph S. Wiesmeth. Esquire. Attorney for Plaintiff ahove-captioned, who, being duly sworn according to law, deposes and says that to the best of his knowledge. information and belief the owners of J J 0 Mountain Road. Newville. Cumberland County, Pennsylvania, the real property in the within Writ. and the Defendants have last known addresses as follows: Michael D. Painter 2250 Dusty Lane Enola. PA 17025 Cheryl L. Painter 317 Wye Road Essex. MD 21221 -I1f.---- Joseph S. Wiesm th, Esquire Attorney for Plai tiff Notarial Seal Christine E. MlDlch, Notary Public S~ Bom, Monroe COUIlIy My CommisslOl\ Expires Feb. 5, 2008 MembeJ, Pefm~ As..wciatioo of Notaries (-~ c_ -,ow-.-.' ~,r -- \.;:,! () .'-t\ \ ' --- ....,-" \,~1 (/" .---- .---- ...' -'\ No. 04-5500 Civil Term Judgment: $150,251.40 Attorney: Joseph S. Wiesmeth, Esq. ALL THOSE CERTAIN two (2) parcels of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bOlmded and described as follows: PARCEL NUMBER 1: BEGINNING at an iron pipe at the Northeast corner of Tract No.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds Ea,st 200 feet to an iron pipe; thence by Tract No.4 of said I Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of BEGINNING. CONTAINING 0.984 of an acre, more or less. IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pelllisylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No.2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and 1. SUBJECT, HOWEVER to a 20 foot wide private right-of-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and I of said Subdivision Plan, their heirs and assigns, over the Northwestern 20 feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast corner of Tract NO.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.17 feet to an iron pin; thence by land now or . -., formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feetto an iron pin, the place of BEGINNING. CONTAINING 1.054 acres. more or less. IT BEING Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No.3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and 1. HAVING thereon erected a single family dwelling, known and numbered as 110 Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Debra K. Gordon, husband and wife, by Indenture dated April 3, 1991 and recorded in the Office of the Recorder of Deeds in and for the COlmty of Cumberland in Deed Book A-35, Page 806. granted and conveyed unto Michael D. Painter and Cheryl L. Painter, husband and wife. IMPROVED LOT ASSESSED VALUE: 90,000.00 TAX PARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) To be sold as the property of the Michael D. Painter and Cheryl L. Painter. 1 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From MICHAEL D. PAINTER AND CHERYL L. PAINTER NO 04-5500 Civil CIVIL ACTION - LAW (I) 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $150,251.40 L.L. $.50 Interest PER DIEM INTEREST OF $24.27 FROM 9/3/04 ACCRUING Atty's Conun % Atty Paid $139.99 Plaintiff Paid Date: JANUARY 19, 2005 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ProthonolJ!rY ~y: aQ/>.. - P. 7f07/U i. J Deputy REQUESTING PARTY: Name JOSEPH S. WIESMETH, ESQUIRE Address: 919 MAIN STREET STOUDSBURG, PA 18360 Attorney for: PLAINTIFF Telephone: 570-424-2848 Supreme Court ID No. 49796 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 Sheriffs Deed in which Steven R Rinesmith & Sharon A is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 19th day of Jan, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Tenn, 2004 Number 5500, at the suit of Mortgage Electronic Registration Systems Inc against Michael D Painter & Cheryl L is duly recorded in Sheriffs Deed Book No. 269, Page 4967. IN TESTIMONY WHEREOF, I have hereunto set my hand 01 () -Ii: , A.D. 0'2 drJ S- al of said office this day of Recorder of Deeds ,~Caldf....... ... EIqlQo tIlo flIIIllorldiw "'....... Mortgage Electronic Registration Systems, Inc. VS Michael D. Painter and Cheryl L. Painter In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5500 Civil Term Kenenth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2005 at 6:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Michael D. Painter, by making known unto Michael Painter, personally, at 2250 Dusty Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true and correct copy of the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, Cheryl L. Painter, in the following manner: On February 14,2005 the Sheriff mailed a copy of the within action by certified mail, return receipt requested, deliver to addressee only, to Cheryl L. Painter at her last known address of 317 Wye Road, Essex, MD 21221. The letter was received and signed for by Cheryl Pinter on February 18,2005. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 6:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael D. Painter and Cheryl L. Painter located at 110 Mountain Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michael D. Painter, by regular mail to his last known address of2250 Dusty Lane, Enola, P A 17025. This letter was mailed under the date of April 8, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cheryl L. Painter, by regular mail to her last known address of 317 Wye Road, Essex, MD 21221. This letter was mailed under the date of April 8, 2005 and never retumed to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1 00,000.00 to Steven Rinesmith. It being the highest bid and best price received for the same, Steven and Sharon Rinesmith of 16 Maple Lane, Newville, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$104,802.40. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 2,000.00 30.00 30.00 30.00 10.00 .50 1.00 19.98 4.70 30.00 40.00 8,89 609.50 533.92 16.47 25,00 39.50 $ 3,459.46 ~Y' /~ () . r ~r_ ~~ -r-,"K...:..c., This ;;I,J... day of ~ . ~ R. Thomas Kline, Sheriff 2005, A.D. '(, () )n.l"jp,. . ~ I rjj r .'. u _ r thonotary BY00 ~(yUA.~ J Real Estat eputy Sworn and subscribed to before me c7/' jlJ'~ 'i \,-so CJt I:)b 6' n R- J(..l.l. 39 .......-..... ('C\ ; () ..~--.. , 1,--" '\ \.---- (( '\ j /-', \'- "I, "',, "- - / ! - -- ' '~!.../:::-::--// COURTOFCO~ONPLEASOFCUMBERLANDCOUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems. Inc., Plaintiff in the aboye action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: I] 0 Mountain Road. Newville. Lower Mifflin Township. Cumberland County. Pennsylvania (Describe the real property to be sold or attach a description as an exhibit). ]. Name and address of Owner(s) or Reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Michael D. Painter 2250 Dusty Lane Enola, P A ] 7025 Cheryl L. Painter 3]7 Wye Road Essex, MD 2]22] 2. Name and address ofDefendant(s) in the judgment: Name Address (if address carmot be reasonably ascertained, please so indicate) Michael D. Painter 2250 Dusty Lane Enola, P A 17025 Cheryl 1. Painter 317 Wye Road Essex, MD 21221 3. Name and address of every judgement creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Mortgage Electronic Registration Systems, Inc. c/o Joseph S. Wiesmeth, Esquire 919 Main Street, Stroudsburg, PA, 18360 4. Name and address of the last recorded holder of every mortgage or record: Name Address (if address cannot be reasonably ascertained, please so indicate) Mortgage Electronic Registration Systems, Inc. c/o Joseph S. Wiesmeth, Esquire 919 Main Street, Stroudsburg, PA, 18360 Credit Base l!z; Asset Servicing & Securitization,1.1.C. 335 Madison Avenue New York, NY 10017 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) N/A 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: Name Address (if address cannot be reasonably ascertained, please so indicate) Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013-3387 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Shelby Winter, Tax Collector 529 Shed Road Newville,PA 17241 I verify that the statements made in this 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. /./o.of l--J~ Date Plaintiff @,;=:\ \::::,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: MICHAELD.PAINTER 2250 Dusty Lane Enola, P A 17025 TAKE NOTICE that by virtue of the above Writ of execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the Cumberland County Courthouse, on the 8th day of June, 2005, at 10:00 o'clock a.m the following described real estate, of which Michael D. Painter and Cheryl L. Painter are the owners or reputed owners: ALL THOSE CERTAIN two (2) parcels ofland situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NUMBER 1: BEGINNING at an iron pipe at the Northeast comer of Tract No.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No.4 of said Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of BEGINNING. CONTAINING 0.984 of an acre, more or less. IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a20 foot wide private right -of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No. 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenartce and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and I. SUBJECT, HOWEVER to a 20 foot wide private right-of-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and' assigns, over the Northwestern 20 feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.17 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to an iron pin, the place of BEGINNING. CONTAINING 1.054 acres, more or tess. IT BEING Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and I. HAVING thereon erected a single family dwelling, known and numbered as 110 Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Debra K. Gordon, husband and wife, by Indenture dated April 3, 1991 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-35, Page 806, granted and conveyed unto Michael D. Painter and Cheryl L. Painter, husband and wife. . TAX PARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) YOU SHOULD TAKE THIS NOTICE AND THE WRlT OF EXECUTION TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IMPROVED LOT ASSESSED VALUE: 90,000.00 Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or obj ections you might have within twenty (20) days after service of the Complaint in Civil Action-Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the right to have the judgment stricken if the Sheriff s has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the Sale and before the Sheriff has delivered his Deed to the property. The SheriffwilI deliver the Deed ifno petition to set aside is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. WIESMETH & HARDY, ATTORNEYS AT LAW, P.C. .-JL--- Joseph S. iesmeth, Esquire Attorney for Plaintiff /.::::.~" ~ { '.,J \,~ 'c.........., ',~ (' \'1 ') " \. .! /......., ":::/ / {>, \ !.~/ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., NO. 04-5500 Civil Term IN MORTGAGE FORECLOSURE Plaintiff v. MICHAEL D. PAINTER and CHERYL L. PAINTER, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: CHERYL L. PAINTER 317 Wye Road Essex, MD 21221 TAKE NOTICE that by virtue of the above Writ of execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the Cumberland County Courthouse, on the 8th day of June, 2005, at 10:00 o'clock a.m the following described real estate, of which Michael D. Painter and Cheryl L. Painter are the owners or reputed owners: ALL THOSE CERTAINtwo (2) parcels ofland situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NUMBER 1: BEGINNING at an iron pipe at the Northeast comer of Tract No. 2 of the hereinafter mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No.4 of said Subdivision Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of BEGINNING. CONTAINING 0.984 of an acre, more or less. IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder o'f Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a20 foot wide private right-of-way for purposes of in gress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No. 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and J. SUBJECT, HOWEVER to a 20 foot wide private right-of-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and I of said Subdivision Plan, their heirs and assigns, over the Northwestern 20 feet of the premises herell} described, as indicated on the aforesaid Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast comer of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. I of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.17 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 06 seconds East215 feet to an iron pipe; thence by land now or formerly of Edward 1. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to an iron pin, the place of BEGINNING. CONTAINING 1,054 acres, more or less. IT BEING Tract No, 4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER witha20 foot wide private right-of-way for purposes of ingress, egress and regress to the Grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4 and J. HAVING thereon erected a single family dwelling, known and numbered as 11 0 , / Mountain Road. BEING THE SAME premises which Frederick 1. Gordon and Debra K. Gordon, husband and wife, by Indenture dated April 3, 1991 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-35, Page 806, granted and conveyed unto Michael D. Painter and Cheryl 1. Painter, husband and wife. . IMPROVED LOT ASSESSED VALUE: 90,000.00 T AXP ARCEL #s: 15-04-0393-047 (Lot 4) 15-04-0393-048 (Lot 3) YOU SHOULD TAKE THIS NOTICE AND THE WRlT OF EXECUTION 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: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objections you might have within twenty (20) days after service of the Complaint in Civil Action-Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a rea~onable excuse for failing to file the defense on time. If the judgment is opened, the sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage. You may also have the right to have the judgment stricken if the Sheriff s has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the Sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. WIESMETH & HARDY, ATTORNEYS AT LAW, P.C. ~!IL---- 'WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff(s) From MICHAEL D. PAINTER AND CHERYL L. PAINTER (I) You are directed to levy upon the property of the defendant (s)and to seB 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 foBows: 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $150,251.40 L.L. $.50 Interest PER DIEM INTEREST OF $24.27 FROM 9/3/04 ACCRUING Atty's Comm % Atty Paid $139.99 Plaintiff Paid Date: JANUARY 19, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot!U)' ./1 ~y. I ,/} 0"" 0 ,[? 7ll-fl/k'L ~ Deputy REQUESTING PARTY: Name JOSEPH S. WIESMETH, ESQUIRE Address: 919 MAIN STREET STOUDSBURG, PA 18360 Attorney for: PLAINTIFF Telephone: 570-424-2848 Supreme Court ID No. 49796 Alnd;lQflUlS3.11l;l1[ C':J~Y/'fV1(\ ;Ag sooz 'II A.mruq;ld :;llllQ 'U!;ll;ll{ P;lllllOWO:)U! ;l:)U;ll;lJ;ll S!l{l Aq PUlll!lM S!l{ll{l!M P;lIY "v" l!q!l{X3. UO paqp:)sap AIIl1J aloru 'amAMaN 'p1l01[ U!lllUnOW 011 Sll palaqrunu pUll UMOU)l Vd 'AlunOJ pUllpaqrunJ 'd!l{SUMOl U!IJJ!W laMol U! palllnl!S Alladold 11lal al{l U! lSalalU! S,lUllpUapp al{l uodn pa!AaIJJ!lal{S al{l SOOZ '171 A.mruqad uO 11 # alllS alllls3. 11la1[ '1l :l d Il NVr ~OOl Vd '},,!W10J LlHVI(J]8Wn:J .:l.:l1l:l3HS 3Hl .:10 33WO ~ CU;] CV;] ~ G=e> 09iJ SCHEDULE OF DISTRIBUTION SALE NO. 11 Date Filed: July 08, 2005 Writ No. 2004-5500 Civil Term Mortgage Electronic Registration Systems, Inc. VS Michael D. Painter and Cheryl 1. Painter 110 Mountain Road Newville, PA 17241 Sale Date: Buyer: Bid Price: June 08, 2005 Steven Rinesmith $100,000.00 Real Debt: Interest: Attorney Costs: $150,251.40 6,747.06 139.99 Total: $157,138.45 DISTRIBUTION: Receipts: Cash on account (02/10/2005): Cash on account (06/08/2005): Cash on account (06/13/2005): $ 1,500.00 10,000.00 94,802.40 Total Receipts: $106,302.40 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Shelby Winter, Local Tax Collector Attorney Joseph Wiesmeth Mortgage Electronic Registration Systems, Inc. Total Disbursements: Balance for distribution: So Answers: ~~- ~~'c.t' R. Thomas Kline Sheriff $ 3,459.46 400.00 1,201.20 1,201.20 1,581.32 1,745.59 1,500.00 95,213 .63 ($106,302.40) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 11 Held Wednesday, June 8, 2005 Date: June 8, 2005 TAXES: Receipts for all taxes for the years 2002 10 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no Iiabilily for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Lisled Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being lhe same premises which Frederick L. Gordon and Debra K. Gordon, husband and wife by deed dated April 3,1991 and recorded AprilS, 1991 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "A," Volume 35, Page 806, granted and conveyed to Michael D. Painter and Cheryl L. Painler, husband and wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the salisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Under and subject to rights in private right-of-way on a portion of the subject premises. 6. Conditions, easements and restrictions shown on or set forth on the Subdivision Plan for Raymond A. Hoover and Patricia E. Hoover, recorded in Plan Book 40, Page 88. 7. Mortgage in the amount of $45,000.00 given by Michael B. Painter and Cheryl L. Painter 10 Laguna Capital Mortgage Corporation dated April 3, 1998 and recorded April 15, 1998 in Mortgage Book 1445 Page 958. Said mortgage being assigned by assignments of mortgage recorded in Miscellaneous Record Book 592, Page 319, Book 683, Page 1684, and Book 690, Page 2954, thereby assigning said mortgage to Credit Based Asset Servicing & Securitization, LLC. 8. Mortgage in the amount of $98.600.00 given by Michael D. Painler and Cheryl L. Painter to Laguna Capital Mortgage Corporation dated April 3. 1998 and recorded April 15, 1998, in Mortgage Book 1445 Page 965. Said mortgage was assigned by assignmenls of mortgage recorded in Miscellaneous Record Book 587, Page 477, Book 587, Page 479, Book 709, Page 659, Book 709, Page 662, and Book 711, Page 2663.. Thereby assigning said mortgage to Mortgage Electronic Registration Syslems, Inc. Complaint filed by Mortgage Electronic Registration Systems, Inc. versus Michael D. Painter and Cheryl L. Painter on November I, 2004 in the Office of the Prothonotary of Cumberland County to File No. 2004-5500. Judgment in the amount of $150,251.40 entered on December 21, 2004. 9. Mortgage in the amount of $120,200.00 given by Michael D. Painter and Cheryl L. Painter 10 Broadview Mortgage Company dated March 31, 2005 and recorded April 5,2005 in Mortgage Book 1902, Page 3012. Said mortgage was assigned to Mortgage Electronic Registration Systems, Inc., by assignment of mortgaged recorded in Miscellaneous Record Book 716, Page 2118. 10. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau. 11. Rights granted to Adams Electric Co-operative, Inc., by instrument recorded June IS, 1988 in Miscellaneous Record Book 350, Page 1105. 12. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 233, Pages 360 and 364. 13. Easements, conditions and restrictions as shown on or sel forth on Subdivision Plans recorded in Plan Book 40, Page 88 and Plan Book 35, Page 96. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subjecl Sheriff Sale. 15. Real estate taxes accruing on and after July 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~~.- Robert G. Frey, Agent Note: This Title Report shall not be valid or bin . until countersigned by an authorized signatory. REAL ESTATE SALE NO. 11 pin: thence by land now or formerly of Robert W. Weary, Jr" South 61 degrees 58 minutes 06 seconds East 215 feet to an Iron pipe: thence by land now or fonnerly of Edward J. Nelson South 32 degrees 28 mIn- utes 23 seconds West 214.17 feet to an Iron pin. the place of BEGIN- NING. CONTAINING 1.054 acres. more or less. IT BEING Tract No.4 of the Sub- division Plan of Raymond A. Hoover and Patricia E. Hoover. his wife. which Plan Is recorded In the Of- fice of llie Recorder of Deeds In and for Cumberland County. pennsy\\!a- nla, In Plan Book 40. Page 88. TOGETHER with a 20 fool wide private rtght-of-way for purposes of Ingress, egress and regress to the Grantees herein. their heirs and as- signs, over the Northwestern 20 feet of Tract No, 3 and 2 as shown on said Subdlvtsion P1a.n, owned by the Grantors or their successors In utl~. the laying, maintenance and care of sal.d prtvate rtght-or-way being Ute responsibility of the owners of Sub- division Tract Nos. 3, 4 and 1. HAVlNG thereon erected a single family dWelling. known and num- bered as 110 Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Deb- ra K. Gordon, husband anti wife. by Indenture dated Aprtl 3, 1991 and recorded In the Office of the Recorder of Deeds 1n and for the County of Cumberland In Deed Book A-35, Page 806. granted and con- veyed unto Michael D. Palnter Md Cheryl L. PaJnter, husband and wife. IMPROVED LOT ASSESSED VALUE: $90,000.00. TAX PARCEL Its: 15.04-0393- 047 (Lot 41. 15-04-0393-04B {Lot 3). Wrtt No. 2004-5500 Clvll Mortgage ElectronIc RegIstration Systems. Inc. YO. Michael D. Painter and Cheryl L. PaJnter Atty.: Joseph Wlesmeth Judgment: $150.251.40 ALL TIiOSE CERTAIN two (2) par- cels of land situate In Lower MIfIlIn Township, CumberlaIld County. Pennsylvania, more particularly bounded and described as follows: PARCEL NUMBER I: BEGINNING at an Iron pipe at the Northeast comer of Tract No. 2 of the hereiJl;after mentioned Sub- dMslon Plan: thence by Tract No.2 of saJd Subdlv1slon Plan North 61 degrees SB.-mlnutes 06 seconds West 215 feet to an Iron pin: thence by Tract No. I of said Subdlv1slon Plan North 32 degrees 28 mInutes 23 seconds East 200 feet to Miron pipe; thence by Tract No. 4 of saJd Subdlvtston Plan South 61 degrees 58 minutes 06 seconds East 215 feet to an Iron pin: thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West ZOO feet to an Iron pipe. the place of BEGINNING. CONTAINING 0.984 of an acre, more or less. . IT BEING Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover. his Wife, which Plan Is recorded In the Office of the Recorder of Deeds In and for Cumberland COWlty. Penn- sylvania, In Plan Book 40. Page 88. TOGE1HER with a 20 foot Wide private right-of-way for purposes of lngress,. egress and regress to the Grantees hereln, thelr heirs and assJgns, over the Northwestern 20 feet of Tract No.2 as shown on said Subdivision Plan, owned by the Grantors or their successors In Utle. the laying. maintenance and care of sa1d prtvate nght-or-way being the responSibility of the owners of Sub- division Tract Nos. 3. 4 and 1 SUBJECf, HOWEVER to a 20 foot wide private right-of-way to the Grantors of the successors In title of Subdivision Tract Nos. 4 and 1 of saJd Subdivision Plan. their heirs and assigns. ovel' the; Northwestern 20 feet of the premises herein de- scribed. as indicated on Ute afore- said SubdMslon Plan. PARCEL NUMBER 2: BEGINNING at an Iron pin In the Northeast comer of Tract No. 3 on the hereinafter mentioned Subdivi- sion Plan: thence by Tract No. 3 of saJd Subdivision Plan North 61 de- grees 58 mlnutes 06 seconds West 215 feet to an iron pin: thence by Tract No.1 of seJd Subdivision Plan North 32 degrees 28 mInutes 23 se;conds East 214.17 feet to an iron To be sold as the property of the Michael D. Painter and Cheryl L. Painter. .. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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, V1Z: April 15, 22, 29, 2005 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 , stater"'~nts as to time, place and character of publication are true. ./k - SWORN TO AND SUBSCRIBED before me this 29 day of April N SEAL LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO, 11 Writ No. 2004-5500 Civil Mortgage Electronk Registration Systems. Inc. vs. Michael D. Painter and Cheryl L. Painter Atty.: Joseph Wiesmeth Judgment: $150,251.40 ALL THOSE CERTAlN two (2) par- cels of land situate in Lower Mifflin Township, Cumberland County. Pennsylvania. more particularly bounded and descrtbed as follows: PARCEL NUMBER 1: BEGINNING at an iron pipe at the Northeast corner of Tract No.2 Df the hereinafter mentioned Sub- division Plan; thence by Tract NO.2 of said Subdivision Plan North 61 degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. 1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No. 4 of said Subdivision Plan South 61 degrees 58 IIl1nutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massje South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe. the place of BEGINNING. CONTAINING 0.984 of an acre. more or less. IT BEING Tract No. 3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover. his wife. which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Penn- sylvania. in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress. egress and regress to the Grantees herein. their heirs and assigns, over the Northwestern 20 feet of Tract NO.2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title the laying. maintenance and care of said private right-of-way being the responsibility of the owners of Sub- dIvision Tract Nos. 3, 4 and 1. SUBJECT. HOWEVER to a 20 foot wide private right-DE-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of sald Subdivision Plan. their heirs and assigns. over the Northwestern 20 feet of the premises herein de- scribed, as indicated on the afore- said Subdivision Plan. PARCEL NUMBER 2: BEGINNING at an iron pin in the Northeast comer of Tract No. 3 on the hereinafter mentioned Subdivi- sion Plan; thence by Tract No.3 of said Subdivision Plan North 61 de- grees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No. 1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214. 1 7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr.. South 61 degrees 58 minutes 06 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 min- utes 23 seconds West 214.17 feet to an iron pin. the place of BEGIN- NING. CONTAINING 1.054 acres, more or less. IT BEING Tract No.4 of the Sub- division Plan of Raymond A. Hoover and Patricia E. Hoover. his wife, which Plan is recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Plan Book 40. Page 88. TOGETHER with a 20 foot wide PI1vate light-af-way for purposes of ingress, egress and regress to the Grantees herein. their heirs and as- s.lgIls. over the Northwestern 20 feet of Tract No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their successors in title the laying, maintenance and care of said private nght-of-way being the responsibility of the owners of Sub- division Tract Nos. 3, 4 and 1, HAVING thereon erected a single family dwelling. known and num~ bered as 110 Mountain Road. BEING THE SAME premises which Frederick L. Gordon and Deb~ ra K. Gordon, husband and 'Wife. by Indenture dated April 3, 1991 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland In Deed Book A-35, Page 806. granted and con- veyed unto Michael D. Painter and Cheryl L. Painter, husband and wife. IMPROVED LOT ASSESSED VALUE: $90,000.00. TAX PARCEL #s: 15-04-0393- 047 (Lot 4). 15-04-0393-048 (Lot 3). . .. To be sold as the property of the Michael D. Painter and Cheryl L. Painter. " 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 8] 8 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, ] 949, 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 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscell ous Book "M", Volume 14, Page 317. COpy S ALE #11 ribed before m,~JIj 25th day of /;- PUBLICATION Sworn to and b CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 533.92 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE SALE No. l' Wrn No. 2004-5500 Civil Term Mortgage Electronic Registration Systems, Inc. V. Michael D. Painter and Cheryl L. Painter Atty: Joseph Wiesmeth DESCRIPTION . All THOSE CERTAIN twO (2) pareds of land situate in Lower Mifflin TOWIlship, Cumberland Countv, Ptnnsvlvania, more particularly bounded -and i:escribed as follows: PARCEL No. 1: BEGINNING at an iron pipe at the Northeast comer of Tract 1\'0.2 of me herein~ after mentioned Subdivision Plan; thence by Tract No.2 of said SulxU\isioll Plan North 6\ degrees 58 minutes 06 seconds West 215 feet to an iron pin; thence by Tract No.1 of said SubdjvisionPlan North 32 degrees 28 minutes 23 secoods East 200 feet to an iron pipe; thence by Tract No.4 of said Subdivision Plan South 6J degrees 5R minutes 06 seconds East 215 feet to an iron pin; thence by land now or formerly of Ahthony Massie South 32 degrees 28 minutes B seconds West 200 feet \0 an iron pipe, the p!al.:e of BEGINNING CONTAINlNG 0.984 of an acre, more or less. IT BEING Tr.1l1 No.3 on the Subdivision Plan of Raymond A. Hoover llnd Patricia E, Hoover, his wife, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4O.Page88. TOGETHER with a 21) foot wide private right-m-way for purposes of ingress, egress and ._ 10 .. Grantees herein, their heirs and 'MSigns,over the Northwestem20 feet of Tract No, 2 as sOOwnOll said Subdivision Pian,owned bytbe Grantors or their successors in title, the laying, maintenance and care of said private rigbt4-way being the responsibility of me owners of Subdivision Trac:l Nos. 3,4and I. SUBJECT, however, to a 20 foot wide private right-Qf-way to the Grantors of the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns, over the Northwestern 20 feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL No.2: BEGINNING at an iron pin in the Northeast comer of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minuteS 06 seconds West 215 feel to an iron pin; thence by Tracl No.1 of said Subdivision Plan North 32 degrees 28 minules 23 seconds Ea~1 214.17 feet to an iron pin; thence by land now or formerly of Robert W. Weary; Jr., South 61 degrees 58 miilutes 06 seconds East 215 feel to an iron pipe; thence by land now or foonerly of Edwani J. Nelson South 32 degrees 28 minutes 23 seconds West 214.17 feet to lln iron pin, the place of BEGINNlNG. CONTAINING 1.054 acres, more or less. IT BEING Tract No.4 of the Subdivision . Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which Plan is recorded in !be Office of the Recorder of Deeds in and {Of Cumberland County, PelUlsylvania, in Plan Book ~,Page88. TOGETHER with a 20 foot wide private right-of-way for PUIpOSes of ingress, egress and JtgreSs to the Grantees herein, their heirs and MSigns,over the Northwestern 20 feet of Tract No. 3 and 2 as shown on said Subdivision Plan, owned by the Grantors or their sucCes&On in title, the laying. maintenance and care of said private right- rJ.-way being the responsibility of the owners of Subdivision Tract Nos.3,4and 1. HAVING thereon erected a single family dwelling, knO\\'I1 and numbered as 110 Mollllttin Road. BEING THE SAME premises which Frederick 1. Gordon and Debra K. Gordon, husband and wife, by Indenture dated April 3, 1991 and recorded in the Ofiice of the Rerorderof Deeds in and for the County 01:' Cumberland in Deed Book A-35, Page 806, granted and conveyed unto Michael D. Painter and Cheryl 1. Painter, husband and wife. TAX PARcaNos~ (lot4)1541-<JJ93.()47 (lotJ)1541-<JJ9J.()48 IMPROVED LOT assessed value: $90IlOO.OO. 10 BE SOLD as the property of the Michael D_ Painf~r and ('hervll ,_ Painter SHERIFF'S RETURN ) PROTHONOTARY B- 2425 DEFENDANT: General Healthcare Resources DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Pam Rush RELA TIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: July 1, 2005 @ 09:35 LOCATION: c/.!i" I J' '13 , C) '" C-~,l 0 ,-- ,~:--., -n u. c_. .-{ 'T - , , hi I "'~ -. C) . --, i L"J .J ::~=-t . y~.,. .. >~"} f'-' ..,:... 2250 Hickory Road, Suite 240, Plymouth Meeting, P A 7& ~ ,buu",e,,! t<UU U1U<UI. ",. de <<ete"IIt."t cu flu ''''~''''4t14" ~ ~ Ut, de e-e" '" ~9t1".e'Uf' &..,,,,tI,,,,'etft(4 '" ~e"",~{q4"'f1. J4~ 4114 dul,e.lld kI- 1M ",. d4 ~ 46 4II,...e~. ~~. Z>fI<rll.ee Sheriff of Montgomery County L DEAROlF, Nola1y Public Nerrislown BolO, Montgomery County My CcmmJssIon Expires August 15, 2007 Deputy Sheriff Walker R. THOMAS KLINE Shariff EDWARD L. SCHORPP Solicitor ;?-1PQ TO: Hon. John Durante Montganery County Sheriff Dear Sheriff: ,,\1? of (!Ul11be~ ~~~ c t~lt() f,~,~.~,,~~,> fl''!). .' ., , .' --~ ~4 - ,:,tI'''' ',. w (,:I'r""".... 1\l-""~.' ,.~ i.J",~~rl':lii::-.. ." ~~.?~;:~~.;!"J . ,:.<;- \I.3i' b~Ju (j) OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Reba M. Cornman et al VS Rite Aid Corporation VS General Healthcare Resources 05-1843 civil RE: Enclosed please find Writ to Joined. an Additional Defendant General Healthcare Resources to be served upon 2250 Hickory Road suite 240 Plymouth Meeting. PA 19462 " thereof and send us your return of service, PERSON SERVED ,:,-VW\ R LJ:S "'- RELATION! POSITION J.vc PLACE OF SERVICE SV"1- e- TIME OF SERVICE 0 C]3 5' DATE OF SHI\IlCE 7/t1u-r:; NUMBER DFATTEMPiS.:.2-- ' Drpu',? uk, 112 V- - , -=---:::;r---~' IJ:rUTY ~_____..~ LASTU.~~' ()f ~,'~"T"__~. d 7 -:.~..:jJf. ' in your C01Ulty. Very truly yours, rM:C/.~~J ' R. Thomas Kline, Sheriff Cumberland County, pennsria /!; J- tf Jf' ... .". c, (I);;': :J:..--, nlG-~ ;uc _.-.~ .'1";.....:,. .01! ~.:~:: cn:..(.< )> on'. .:I: ,.,,<"">0 ."g '-E :-12: -l ~:~-< \"..~ ,'::) ,.~.. \ C._ C:.: .a"- -' '" Ul , . . In The Court of Common Pleas of Cumberland County, Pennsylvama Reba M. Cornman et al VS Rite Aid Corporation VS. General Healthcare Resources No. 05-1843 civil Now, June 9, 2005 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Montganery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~.R Sheriff of Cumberland County, P A Affidavit of Service Now, .Jul'J 1-- , 20 ~ at (/1 ~ ~ o'clock A M. served the within SVI"\t'^(;.J'J \ upon~@;~ C-evvCLI f.J-e.o.\Th erNeo ft.Q '\r,vYCe.j at 5t/iM~ by handing to -rpw.. I?v>~ a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ , . .DEAR '<";"','.';" My~~~S'~~ 15, 2007 $ SHERIFF'S OFFICE COUNTY of MONTGOMERY COURT HOUSE Cl..'STOMEPI'S CoPY 433944 Filed By /; Date { o INVOICE tor charges ECEIPT tor payment Type ot Transaclion AMOUNT Docketing and Service Additional Defendant Surcharge Writ of Execution Garnishment Interogatory Affidavit Notary PistOl Permit No. Property Claim Poundage Notarial Certificate Sheriff's Acknowledgment Prothonotary Acknowledgment Mileage Addlllonal Mileage 6~i' 4J967