HomeMy WebLinkAbout04-5841
MEMBERS 1 ST FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.: ()4- SPJ.f/ t3;.,d..T~
JOHN W. BARTH
DEFENDANT
: CIVIL ACTION-LA W-MORTGAGE
: FORECLOSURE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 OR (800) 990-9108
MEMBERS 1 ST FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.:
JOHN W. BARTH
DEFENDANT
: CIVIL ACTION-LA W-MORTGAGE
: FORECLOSURE
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso 0 notification y por cualquier queja 0 alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE EST A DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SU PUEDE
CONSEGUm ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
(717)249- 3166 or 1-800-990-9108
MEMBERS 1 ST FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.: 0 L/,/ Sf 41
JOHN W. BARTH
DEFENDANT
: CIVIL ACTION-LA W-MORTGAGE
: FORECLOSURE
COMPLAINT
AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the
following complaint:
1. Plaintiff, Members 1 st Federal Credit Union ("Members 1 Sf), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, P A 17055.
2. John W. Barth, is an adult individual (referred to herein as "Defendant"), is an
adult individual having a last known address of 2524 South Market Street,
Mechanicsburg, PA 17055.
3. On or about March 20, 2001, Defendant borrowed from and agreed to repay to
Members 1st SEVENTY -EIGHT THOUSAND EIGHT HUNDRED AND
NO/I00 ($78,800.00) dollars (the "Loan"). The Loan is evidenced by a Note
dated March 20,2001 (the "Note") executed and delivered to Members 1 st by
Defendant. A copy of the Note is attached hereto as Exhibit "A" and made
part hereof.
4. As security for the Loan, Defendant executed and delivered to Members 1 st a
mortgage ("Mortgage") on all that certain tract of ground together with
improvements erected thereon situate in the Village of Bowmansdale,
Cumberland County, Pennsylvania., known and numbered as 2524 South
Market Street, Mechanicsburg, P A 17055 ("Property"). At all times relevant
hereto, Defendant has been and continues to be the record and sole owners of
the Property. A description of the Property is attached hereto as Exhibit "B"
and made part hereof.
5. On or about March 28,2001, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Mortgage Book 1684, Page 257. A true
and correct copy of the Mortgage is attached hereto as Exhibit "c" and made
part hereof.
6. The Mortgage has never been assigned by Members 1 5t and is still held by it
as a valid and subsisting obligation of Defendant.
7. Pursuant to the terms and conditions ofthe Note, Defendant agreed to pay to
Members 1 st monthly installments of principal and interest in the amount of at
least $530.90 each beginning on May 1,2001 and continuing on the first day
of each month thereafter.
8. Defendant is in default of Defendant's obligations under the Note and the
Mortgage as a result of Defendant's failure to make the payments due to
Plaintiff as set forth therein.
9. Pursuant to the Act of January 30, 1974, P.L. 13, No.6, 41 P.S. section 101,
et. seq., and in particular section 403 thereof, Members 1 st through its
servicing agent Midwest Loan Services, Inc., gave written notice to Defendant
of its intent to foreclose by letter dated July 20, 2004, addressed to Defendant
via certified mail, return receipt requested. A copy of the said notice is
attached hereto as Exhibit "D" and made part hereof.
10. In accordance with the Homeowners' Emergency Mortgage Assistance Act,
Act of December 23, 1983, P.L. 385, No 91,35 P.S. Section 1680.401(c), et.
seq., a Notice of Intent to Foreclose and of Defendants' rights under said Act
was forwarded to the Defendants on July 20,2004, via certified mail, return
receipt requested. Members 15t believes, and therefore avers, that Defendant
has not applied for assistance under the Act. A copy of the said notice is
attached hereto as Exhibit "E" and made part hereof.
II. A copy of Postal form 3877 evidencing the mailing of said Notices is attached
hereto as Exhibit "F" and made part hereof.
12. Simultaneously, Members 1st, through its servicing agent Midwest Loan
Services, Inc., forwarded to Defendants the same Notices as set forth in
paragraphs 9 and 10 above addressed to Defendants by United States mail,
first class, postage prepaid, bearing the return address of Members 1st 's
servicing agent. The Notices forwarded to Defendants in said manner have not
been returned to the offices of Midwest Loan Services, Inc., as undeliverable
or otherwise.
13. As of the date hereof, Defendant is indebted to Members 1 st in the amount of
Eighty-Two Thousand Two Hundred Forty-Seven and 42/100 ($82,247.42)
dollars itemized as follows:
a. Outstanding principal $75,971.25
b. Interest to November 18, 2004 2,958.59
c. Late fees 132.75
d. Corporate Advance 684.83
e. Attorney's fees 2.500.00
f. Total due to Members 1st as of November 18,2004 $82,247.42
The above attorney's fees are estimated and are in accordance with
Defendant's agreements as set forth in the underlying Mortgage and Note.
15. Defendant also agreed under the terms and conditions of the Note that in the
event of default there under Defendant would pay, in addition to the amounts
set forth in paragraph 14 above, costs incurred by Members 1 st as a result of
the institution of these legal proceedings.
16. The obligation owed to Members I st continues to accrue interest at the rate of
$14.83 per day, through the date of payment, including on and after the date
of entry of judgment on this Complaint, and continues to accrue late charges
and attorney's fees.
17. As set forth above, Members 1 st has made demand upon Defendant to cure
the default under the Mortgage and the Note. However, as of the date hereof,
Defendant continues to fail and refuses to cure the default.
WHEREFORE, Plaintiff, Members 1st Federal Credit Union, demands judgment
against John W. Barth in the amount Eighty-two Thousand Two Hundred Forty-Seven
and 42/100 ($82,247.42) plus interest at the rate of$14.83 per day, through the date of
payment, including on and after the date of entry of the judgment on this complaint,
additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged
property.
Respectfully submitted,
Date: 11/18/04
~~iIH ~t?2-
M. Ledebohm, Esq.
upreme Court 1D # : 59012
P.O. Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
. ,
01:56 PM MEMBERSlST Feu
~..
CERT'F'.'~lr
CORR :J
OF ORl ~ ,Ai.:
It-JS. DEPT
7177955178
P.O':::
NOV-17-04
BALLOON NOTE
(Fixed Rate)
THIS lOAN 'S PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS
UNDER NO OBLIGATION TO REFINANCe THE LOAN AT THAT TIME. YOU WIll,
THEREFORE. 8e REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU
MAY OWN, OR YOU WILL HAVE TO FINO A lENDER, WHICH MAY BE THE LENDER YOU
HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. fF YOU REFINANCE THIS
LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LENDER.
March 26, 2001
[Dale]
MECHANICSBURG
ICity)
Pennsylvania
(Slate]
2524 S MARKET ST,MECHANICS8URG.PA 17055
[Property Addreu]
1. BORROWER'S PROMISE TO PAY
In return (or a loan that r bave received, r promise to pay U.S. S78. 800.00 (thi, amount is ealled
"Principal"), plus interest, to the order of Lender. Lender is MEMBERS 1ST FEDERAL CREDIT UNION, Federa 1
Credit Union
I w1l1 make all payments under this Note In the form of cash, check or money order.
r understand that Lender may transfer this Note. Lender or anyone who lakes this Note by transfer and who is entitled
to receive pa)'ments under this Note is called the "Note Holder,"
2. It-.'TEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rale of 7 . 1250 ".
The interest rate required by lhis Seclion 2 is the rate I will pay both before and after any default described In Section
6(8) of Ihis Note.
3. PAYMENTS
(A) Time Ind P1are or Payments
1 will pay principal and interest by makina a payment every month.
I will make my monthly payments on the 1st day of e~(:h month beginning on May 1. 2001
I wll1 make the$C payments every month untit ] have paid all of the principal and IntereSl and any other charges described
below that t may owe under this Note. Eacb monthly payment will be applied as of its scheduled due date and will be
applled to interest before Prin<:Jpal. If. on Apri 1 1. 2008 . I stl1l owe amounts under this
Note, I wiU pay those amounts in full on tbat date, which is calted the "Maturity Date,.
I will make my ntonthly payments at p. 0 BOX 40 MECl1ANICSBURG, PA 17055
or at a different place if required by the Note Holder.
(B) Amount or Monthly Payments
My monthly payment will be in the amount of U.s. S 530.90
BARTH 15634
15634
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MULTlSTAU BI\LLOON FIXED RATE NOTE. Single Family -FANNIE MAE UNIFORM INSTRUMENT
Fo"" 3210 1/01
~". . 01 J
In:t1il.:~
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Gl;870N {0006, l\(WQWl
VM~ MOIITGACt '0"",$ , 18QO\~21.12"
c!'xn/b/-f A
NOV-17-04 01:57 PM MEMBERSIST Feu INS. DEPT 7177955178
P . €1.?,
4. BORROwER'S RIGHT TO PREPAY
! have the rig~t t~ make payments of Principal at any time b~fore they are due. A payment of Principal only is known
~ ~ Prepayment. When I make a Prepayment. 1 will tell the Note Holder in writing thAt I am doing so. f may not
eSlgnate a payment as a Prepayment if I have not made ~Il the monthly payments due under this Note.
I may make a full PrepaYllIent or partial Prepayments without payin. an)' Prepayment charle. The Note Holder will
use my Prepayments lO reduce the am~u~t of Principal thaI I owe under this Note. However, the Note Holder may apply my
Prepalment to the acc:ued and unpaid mlereSI on the Prepaymenl amount before applyini my Prepayment tQ reduce the
PrinCipal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dale or In the amount of
my monthly payment unleSllhe Nole Holder airees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum lol'tn charles, is finally interpreled so that Ihe Interest Or
Qther loan charges ~l1etted or to be collected in connection with Ihis loan exceed the permitted limits, then: (a) 8IIY such
loan charae Shall be reduced by me amount neceSlary to reduce the charge to the permitted limit; and (b) any sums aJready
cOneCled . from me ~al exceeded permitted limits will be refunded 10 me. The Note Holder may choose to make this ref\lnd
by red.uclng. the Pnnclpai I owe under this Note or by makIng a oirect payment to me. If a refund reduces Principal, the
reduclIon will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges ror Overdue PD)'ments
If the Note Holder haa not received the full amount of an)' monthly payment by Ihe end of 15 calendar days
after the dale it Is due, I will pay a latc charge to the Note Holder. The amount or the charge will be
5. 0000 % or my overdue payment of principal and Interest. J will pay this lale eharae promptly but only
once on each late paymellt.
(B) Default
If I do not pay the full amount of each monthly paymenl on the date it II due, I will be in default.
(C) Nottce or Detault
If I am In default, the Nole Holder may sen~ me I written notice telling me that if I do not pay the overdue amount by
a cerlaln dale, the NOle Holder may require me to pay immedintely Ihe full amounl of Principal which has nOI been paid and
all the Interest that I owe on that amount. That date must be at least 30 days after the date on which the nolIce Is mailed 10
me or delivered by other means.
(D) No Walur By Note Holder .
Even if, at a time when I am in default. the Note Holder does not require me to pa)' immediately in full lIS descrtbed
above, the Note Holder wlll still have the right to do 50 If I am In default at a later time.
(E) Payment or Note Holder's Costs and Exptnses
If the Note Hotder has required me to pay immediately In full as described abov~. the Note Holder will have the right
to be paid back by me for all of its COlliS and expenses in enforcing this Note to the extent not prohibited by applicable law,
Those upenses include. for example, reasonable ttlomey.' f~e'$
7. GIVING OF NOTICES
Unless Ilpplicable law requires I different method, any notice thrttlnu~t be given to me under this Note will be liven by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Nole Holder a notice of my dIfferent address.
Any notice that must be aiven to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the: address stated in ~clion 3(A) above: or at a different address If I am given a nOlice or that different
address ,
I. OBLlGA TIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Notc, each person Is fully and personally obligated to keep all of the promises made
in this Note, Including the promise to pay the full amount owed, Any ~rson who is . guarantor, surety or endorser of this
Note is also obli,ated to do these thing!. Any perSOn who takes o....er Ihese obligation.. including the obliaallons or a
guarantot. surety or endorser of this NOle, is also obligated to keep all of Ihe promises made in this Note. The Note Holder
may enforce Its dghll under this Note agaln't eaeh person individuOllly or against all or us together. This means thilt 8IIY one
of \Ill may be required to pay all of the amounts owed under this NOle.
9. WAIVERS
I and any other person who has obligations under this Note waive Ihe rights of PresentnlCnt and Notice of Dishonor.
"Presentment" meMS the right to require the Note Holder to demand payment of amounts due. "Notice of Di5honor" means
Ihe right to require the Note Holder to give notice 10 olhcr persons tlt:\t :tll\ounts due have nol been paiu.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with Iimiled variations ill some jurlsdiclions. In addition 10 the prolections given 10
the Note Holder undt'r this NOle. a Mortgage. Deed of Trusl. or Security Deed (the "Security Inatrument"). dated the same
date as Ihis Note, prOlects the Note Holder from possible losses that might result if I do not keep the promises that I make in
this Note. That Security Instrument describes how and under whnt conditiollS 1 may be required 10 make immediate payment
In full of all amounts I OWt under this Note. Some of Illose conditions read as follows:
BARTH 15634
15634
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For", Jztl~'
w"'J"~
O.870N (000..
Pi'll" 2 of ,
NOV-17-04 01:58 PM
MEMBERSIST Feu INS.
DEPT
I
7177955178
P.t2';4
Transfer of the Property or 8 Beneficial Interest In Borrower. As used in this Se~tion 18, .Interest in the
Propeny. means an)' leaa! or beneficial interest in the Property, Indud!n,. but not limited to. those beneficial
interests transferred in a bond for deed. COntracl for deed. installment wes contract or esc:row .,reement, the
iOlenl of which is the transfer of title by Borrower at a future dale to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or If Borrower is nol a
natural person and a beneficial Interest in Borrower is $Qld or transferred) without Lender's prior written consent,
Lender may require immediate payment In full of an sums secured by rhis Security Instrument. However, Ihis
option shall not be elerclsed by Lender if such (!)I;ercise Is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of aeeeleratiotl. The notice shall provide i
period of not less than 30 days from the date the notice Is liven in accordance with Stctlon IS within which
Borrower must pay allium, "cured by this Security Instrument. If BOl'Tower falls to pay these sums prior to the
expiralion of this period, Lender may invoke any remedies permitted by this Security Instrument wlthout further
notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
-~ ~ 13~
~N- W. BARTH
_ (Seal)
.Borrower
(Seall
.BQrlo""
. _(Seal)
.Borrower
\Seal)
.9nno....er
(Seal)
.JWnQwer
(S~al)
.BOIrower
_ (Seal)
-Borrower
. (Seal)
-Bl;lrroWtl
{Sign Original Ont.,.;
8ARTH 15634
15634
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G.870N IOOOtiJ
.
1'.,. ) Of )
Form 3260 TlOt
-.v~;1,~;;r,\11!".,~.1r..!~~8 PM MEMBERS 1 ST FeU INS. DEP r 7177955178
F.. 05 l. ",,,
BALLOON NOTE ADDENDUM
(CONDITIONAL RIGJIT TO REFINANCE)
THIS BALLOON NOTE ADDENDUM is made this 26th day of March. 2001 , and is
Incorporated Into and shall be deemed 10 amend and supplemenl the Balloon NOle made by the undersigned ("Borrower") In
uvorofMEMBERS 1ST FEDERAL CREDIT UNION, Federal Credit Union
("Lender'}
and dated 85 of even date herewith (the "Nole"). The interest rale stilled on the NOle is called the "Note Rale," The dale of
the Note is catled the "Note Date..
I understand Lender may transfer the Note, the related Mongage, Deed of TNst. or Security Deed (the "Security
Instrument.) and this Addendum. Lender or anyone who takes the Note, Security Instrument and this Addendum by transfer
and who Is entitled to receive payments under the Note Is called the "Note Holder."
ADDITIONAL COVENANTS, In addition to the covenants and agreements in the Security Instrument, Borrower and
Lender further covenant and agree u foUows (despite anything to the contrary contained in the Security In$troment or the
Note):
I. CONDITIONAL RIGHT TO REflNANCE
At the maturity date of the Note and Sec:urily Inslrolnent (the "Maturity Date"), I will be able to obtain 8 n~w loan
("New Loan") with I new Maturity Date of 4-1-2031 , and with an interest rate equal to the
"New Note Race" determined in accordance with Section 3 below if all the conditions provided in Section 2 and 5 below are
met (the "Conditional Refinancing Option"). If those conditions are not met, J understand that the Note Holder is under 1'10
obligation to refinance or modify the Note, or to extend the Maturity Date, anet that I will have to repay the Note from my
own resources or find a lender willing to lend me the money to repay the NOte.
1. CONDITIONS TO OPTION
If I want to uercisc the Conditional Refinancing Option at mnturity. certain conditions must be met as of the Maturity
Date. These conditions are: (8) J must still be the owner and occupant of the Property subject to the Security Instrument (the
"Property.); (b) I must be current in my monthly paymenls and c:utnot have been more than 30 days late on iny of lhe 12
scheduled monthly payments Immediately preceding the Maturity Dale; (c) no lien against the Property (e~cept for taxes and
special assessments not yet due and payable) other than that of the Security Instrument may exist; (d) the New Note Rate
cannot be more than five percentage points above the Note Rate; and (e) 1 must make a wrinen request 10 the Note Ho\der as
provided in Section' below.
3. CALCULATING THE NEW NOTE RATE
The New Note Rate will be a fixed rate of in teres I eqUid to Fannie Mae's required net yield for 30-year fixed rale
mortaages subject to a 6O-day mandalory delivery commitment, plus one'half of one percentage point (O.S"), rounded to
the nearett one-eighth of one percentale point (O.l2'~) (the "New NOle Rate"). The required net yield shall be the
applicable net yield In trfe(( on the date and lime of day that the Note Holder reeelves notice or my election to exercise the
Conditional Rennancin. Option. If this required net yield is nOI available, tbe Note Holder win determine the New Note
Rate by usina comparable infonnation.
4. CALCULATING THE NEW PAYMENT AMOUNT
Provided the New Noee Rale 8S calculaled in Section 3 above is not ,relter than five percentile poinls above lhe Note
Rate and all other conditions required in Seetion 2 above arc satisfied. the Note Holder wm determine the amount of the
monthly payment that will be sufficient to repay In tull (a) the unpaid principal, plus (b) accrued but unpaid interesl, plus (c)
all other SUlns I wilt owe under the Note and Security Il'Istr\lment on the Maturity Date (assuming my monlh\y payments the:'!
BARTH 15634
15634
o
MULTlSTATE 8All.OON NOTE ADDENDUM. Slngl, F.mily , Fannl. Mae UNIFORM INSTRUMENT
_.874N 10(06) O\lWlMt) 'olm 3266 \/01
VMP MOll10AOf FOll".S .IIClClIU' ,'at'
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NOV-17-04 01 :59 PM MEMBEPSIST Feu INS. DEPf 7177955178
I
p. '~6
_. _-----J.~__.___... .
arc current, IS required under Section 2 above), over the term or the New Note at the New Note Rale in equal monthly
pa)'ments. The result of this calculation will be the amount of my new princ:ipal and Interest payment every month unlillhe
New Note is fully paid.
5. EXERCISING THE CONDITIONAL REFINANCING OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Maturity Dale and advise me of lhr
principal. accrued but unpaid interest, and aU other sums [ am expected to owe on the Maturity Date. The Note Holder also
will Idvlse me that I may exercise the Conditional Refinancing Option if the conditions in Section 2 above Ire met. The
Note Holder will provide my payment record information. together with the name. title and address of the person
representing tbe NOIe Holder that I must nollfy In order 10 exercise the Conditional Refinancln8 Option, !f J me~t the
conditions of Section 2 above. I may exercise the Conditional Retinanelna Option by notlfyln, the Note Holder no laler than
.., calendar days prior to the Maturity Date. The Note Holder will calcuJate the filted New Note Rate based upon Fannie
Mae', applicable pubJished required net yield in effect on the date and time of day notification is reeelved by the Note
Holder and as calculated in Section 3 aOO"e. I will then have 30 talendar days to provide the Note Holder with acceptable
proof of my required ownership, occupancy and property lien stalUS. Berare the Maturity Dale the Note Holder willlClvise
me of the new interest rate (the New Note Rate), new monthly payment amount and a date. time and place at which I must
appear to lian any documents required to complete the required refinancing. I understand the Note Holder will charge me a
$2'0 procc"lng fee Il1d the costs associated with updating the title insurance polley, if any, and any reasonilble third-party
costs, such as documentary stamps, Intangible tax. survey. recording fees, etc.
BY SIGNINO BELOW. Borrower accepts and agrees to the terms and covenants contained in this Balloon Note
Addendum.
n~ "tV 76t~ .
18'~ W BARTH
(Seal)
.Borrower
(Seal)
.Borrower
__. (Selll)
.Borrowe r
(Seal)
.Borl0..cr
(SeOlI)
.Borrower
_ (Seal)
.BonQ"'er
(Seal)
.Borro'o\<tr
_(Seal)
.BOHO"'''
{Sign Original Only}
BARTH 15634
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o.814N ,0008'01
P.,. 2 Cf 2
FOlm 3288 1/01
ALL THAT CERTAIN lot or piece of ground situate in the Village of Bowmansdale,
Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a corner in the line of High Street Road and lot now or late of Mrs. L.
Gardner; thence by said lot, South 70~ degrees West, 150 feet; thence by lands now or late of F.
P. Goodhart, North 25 degrees West, 40 feet; thence by lot now or late of A. Stevens, North 70~
degrees East, 150 feet to the High Street Road; thence by said road, South 25 degrees East, 40 feet
to the place of BEGINNING. The distances in feet are understood to be more or less.
HA VING THEREON ERECTED a dwelling house known as 2524 South Market Street.
Tax Parcel No. 42-30-2114-011
BOuk 1684 ~Atit .
113
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C..'~~:::R:_.".:,:= COU~nY-(~
'LJ'i1 mOR::>8 r,;n I' r~3
~. J iil..... I: i I 1. '"'
Prepared By:
Gwen R. Stoner
Return To;
Members t st Federal Credit Union
SOOO Louise Drive. P.O. Box.40
Mechanicsburg. PA 1705:>
Parcel Number: 42-30-2114-011
[Space Above This Line For Recording Datal
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defmed in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated
together with all Riders to this document.
(B) "Borrower" is JOHN W BARTH
March 26, 2001
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION
Lender is a Federal Credit Union
BARTH 15634 15634
PENNSYLVANIA - Single Family. Fannie MaelFreddie Mac UNIFORM INSTRUMENT
. -6IPA) (00081
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VMP MORTGAGE FORMS. (8001521~
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Form 3039 1101
1111111I 11111111111111111111111111
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organized and existing under the laws of THE UN ITED STATES OF AMER I CA
Lender'saddressis P.O. BOX 40. MECHANICSBURG. PA 17055
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated March 26, 2001
The Note states that Borrower owes Lender Seventy Eight Thousand Eight Hundred and
nol100 Dollars
(U.S. $78.800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than Apri 1 1. 2008
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
D Adjustable Rate Rider
[X] Balloon Rider
D VA Rider
D Condominium Rider 0 Second Home Rider
D Planned Unit Development Rider D 1-4 Family Rider
D Biweekly Payment Rider 0 Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
BARTH 15634 15634
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(0) "RESPA" means the Real Estate Settlement Procedures Act (12 D.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY [Type of Recording Jurisdiction]
of CUMBERLAND (Name of Recording Jurisdiction]:
SCHEDULE "A" ATIACHED
which currently has the address of
2524 S MARKET 5T
MECHANICSBURG
("Property Address"):
[City], Pennsylvania 17055
[Street]
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
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BOUK 1684 floGt ffi
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following fonDS, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
BARTH 15634
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BOuK 1684 ~A(i( ~
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paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues. fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
. The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
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BOUKI6S4fAB~ _
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shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the ex.cess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the ex.tent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage,' and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone detennination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
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BOll~ 1684 raGE --23Z
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If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file. negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Propeny under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting andlor assessing the value of the Property, and securing andlor repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9,
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Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until tennination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance tenninated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
tennination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction. or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be
BARTH 15634
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Bou<<1684rA6t 23T
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dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
BARTH 15634 15634 0
Initials:-iJ:l!2--
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Page 11 of 16
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Form 3039 1/01
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at anyone time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
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BOOk 1684 ~~g~~
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agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESP A
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
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BOlJkt684~8t ~
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Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further infonn Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at
its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent pennitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BARTH 15634 15634 0
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Page 14 of 16
IntliaIS:~
Form 3039 1/01
BOuk 1684 PAt:[ ~
,flu
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
~?r;, ;gc~ ~ (Seal)
Je 1:4 BARTH -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
BARTH 15634
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Page 15 of 16
Form 3039 1/01
BOUK 1684 'AGE ~
l/7/
Certificate of Residence
I,
the correct address of the within-named Mortgagee is
, do hereby certify that
P.O. BOX 40. MECHANICSBURG. PA 17055
Witness my hand this 26TH
day of MARCH . 2001
Agent of Mongagee
COMMONWEALTH OF PENNSYLVANIA,
CU/)f~el
County ss:
On this, the 26TH day of MARCH . 2001
undersigned officer, personally appeared JOHN W BARTH
, before me, the
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
,
.~~..
". :/'j.....IN WITNESS, WHEREOF, I hereunto set my hand and official seal.
, i ..-<' My Commission Expires:
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Title of Officer
Notarial Seal
Diane M. Smith, Notary Public
MQc:Nnl~l1~ R(>rn r.llmhArlAnd County
My Commission Expires June 22, 2004
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Page 16 of 16
Form 3039 1/01
BOUK 1684 PAcE ~
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ALL THAT CERTAIN lot or piece of ground situate in the Village of Bowmansdale,
Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a corner in the line of High Street Road and lot now or late of Mrs. L.
Gardner; thence by said lot, South 70~ degrees West, 150 feet; thence by lands now or late of F.
P. Goodhart, North 25 degrees West, 40 feet; thence by lot now or late of A. Stevens, North 70~
degrees East, 150 feet to the High Street Road; thence by said road, South 25 degrees East, 40 feet
to the place of BEGINNING. The distances in feet are understood to be more or less.
HA VING THEREON ERECTED a dwelling house known as 2524 South Market Street.
Tax Parcel No. 42-30-2114-011
BOUkt6M 'jtit __
tit:!
BALLOON RIDER
(CONDITIONAL RIGIIT TO REFINANCE)
THIS BALLOON RIDER is made this 26th day of March, 2001
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to
secure Borrower's Note to MEMBERS 1ST FEDERAL CREDIT UNION, Federal Credit
Union
("Lender") of the same date and covering the property described in the Security Instrument and located at:
2524 S MARKET ST.MECHANICSBURG.PA 17055
[Property Address]
The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the "Note
Date." I understand Lender may transfer the Note, Security Instrument and this Rider. Lender or anyone
who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive
payments under the Note is called the "Note Holder."
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security
Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary
contained in the Security Instrument or the Note):
1. CONDITIONAL RIGIIT TO REFINANCE
At the Maturity Date of the Note and Security Instrument (the "Maturity Date"), I will be able to
obtain a new loan ("New Loan") with a new Maturity Date of 4-1-2031
and with an interest rate equal to the "New Note Rate" determined in accordance with Section 3 below if
all the conditions provided in Section 2 and 5 below are met (the "Conditional Refinancing Option"). If
those conditions are not met, I understand that the Note Holder is under no obligation to refinance or
modify the Note, or to extend the Maturity Date, and that I will have to repay the Note from my own
resources or find a lender willing to lend me the money to repay the Note.
2. CONDITIONS TO OPTION
If I want to exercise the Conditional Refinancing Option at maturity, certain conditions must be met
as of the Maturity Date. These conditions are: (a) I must still be the owner and occupant of the property
BARTH 15634 15634
MUL TlST ATE BALLOON RIDER. Single Family - Fannie Mae Uniform Instrument
o
Form 31801/01
cD-872R (0006)
<!l ~
Page 1 of 3 MW 06/00 Initials:
VMP MORTGAGE FORMS - (800)5 1 7291
1I111111111111 111111111I111111
BOtiK iG84~. ..23Z
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subject to the Security Instrument (the "Property"); (b) I must be current in my monthly payments and
cannot have been more than 30 days late on any of the 12 scheduled monthly payments immediately
preceding the Maturity Date; (c) no lien against the Property (except for taxes and special assessments not
yet due and payable) other than that of the Security Instrument may exist; (d) the New Note Rate cannot be
more than five percentage points above the Note Rate; and (e) I must make a written request to the Note
Holder as provided in Section 5 below.
3. CALCULATING THE NEW NOTE RATE
The New Note Rate will be a fixed rate of interest equal to Fannie Mae's required net yield for
30-year fixed rate mortgages subject to a 6O-day mandatory delivery commitment, plus one-half of one
percentage point (0.5%), rounded to the nearest one-eighth of one percentage point (0.125%) (the "New
Note Rate"). The required net yield shall be the applicable net yield in effect on the date and time of day
that the Note Holder receives notice of my election to exercise the Conditional Refinancing Option. If this
required net yield is not available, the Note Holder will determine the New Note Rate by using comparable
information.
4. CALCULATING THE NEW PAYMENT AMOUNT
Provided the New Note Rate as calculated in Section 3 above is not greater than five percentage
points above the Note Rate and all other conditions required in Section 2 above are satisfied, the Note
Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the
unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums I will owe under the Note and
Security Instrument on the Maturity Date (assuming my monthly payments then are current, as required
under Section 2 above), over the term of the New Note at the New Note Rate in equal monthly payments.
The result of this calculation will be the amount of my new principal and interest payment every month
until the New Note is fully paid.
5. EXERCISING THE CONDITIONAL REFINANCING OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise
me of the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity
Date. The Note Holder also will advise me that I may exercise the Conditional Refinancing Option if the
conditions in Section 2 above are met. The Note Holder will provide my payment record information,
together with the name, title and address of the person representing the Note Holder that I must notify in
order to exercise the Conditional Refinancing Option. If I meet the conditions of Section 2 above, I may
exercise the Conditional Refinancing Option by notifying the Note Holder no later than 45 calendar days
prior to the Maturity Date. The Note Holder will calculate the fixed New Note Rate based upon Fannie
Mae's applicable published required net yield in effect on the date and time of day notification is received
by the Note Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the
Note Holder with acceptable proof of my required ownership, occupancy and property lien status. Before
the Maturity Date, the Note Holder will advise me of the new interest rate (the New Note Rate), new
BARTH 15634
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.-872R (00061
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Form 31801/01
BOuk 16M 'Adf m
;{l:i
monthly payment amount and a date, time and place at which I must appear to sign any documents required
to complete the required refinancing. I understand the Note Holder will charge me a $250 processing fee
and the costs associated with updating the title insurance policy, if any.
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this
Balloon Rider.
/h--L-- Zu . is.~ (Seal) (Seal)
~N W BARTH -Borrower -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal) (Seal )
-Borrower -Borrower
[Sign Original Only]
BARTH 15634 15634 0
G-872R (0006) Page 3 of 3 Form 31801/01
~
MOkt684'lU~
11~
Recorder of Deeds
SEP-07-04 10:51 AM MEMBERS1ST FeU INS. DEPT
O~/~(/~~d4 66:45 ge&77989&0
7177955178
P.02
PAlS: e:
-~
MIDWEST LOAN SER\1('1;S, INC.
616 SHELDEN A VENU!. SUITE 300
POBOX 144
HOUGHtON, 1\11 49931-0144
800..161..6574
(/
Jut} ~)~ 2004
John) lartn
2524 ,~. Market Su<<t
Ml!ch. 'nicsbura. P ^ 17055
RE' tJ8n #651\0
NO,] te!, OF INT!NrION TO FORItCLOSI AND ACCILERA TI: LOAN BALANCE
Under Section 40.3 Qfpcnnsylvania A~t No.6 of1974
The M 'ngli' "eld by Mmbers 1" F~~era1 Credit U\\ion, or. your property locattd at
2524 ~" Market Street, M~hanic~1:Nrj. PA l?OSS.lS IN SERTOIJS DEFAULT because
you he 'Ie .not made the monthly )'aym.ent of 5673.00 for the mOftthll of Ju"e '004
thTOua ~ Il.uy 2004, Late c11'rae$ have .110 &ec:rued.1O this date in. the amount or SS3. to.
~ tOI ,} amount now required to cure this default, or in other word~ get caulht up b,
your p~ ')'ments, a. <<tfthe d... ofthis letter ,. $1,399.10.
You rn 'y ture this default with thi.rty (30) days of the date of this letter. by payini 'CO us
the: lbl'lVC aalount of $1,399.10, plat '"\1 ..!.dttto.nll l'ftOl!t'\' "p\ylftllStJ /II"" Jate
saw: \ Jt'blth ",.y fall due dll"'l'I( lbt. Dtrtocl. Sue" payment Du"t be ma", "ther
by ca.,. c..bier', ebe(k. ".rtUiecl dl"'k 01' 1Il01l')' order and made at 1kN omoC' Of'
MJdwc 1\ T..oen Services. Inc., 616 Shelden A\le~ Suite 300. PO 90" 188, Houg11ton, 'MI
49931.
'.f you , 0 not (;,Uft the default ""'th THt.RTY (30) DAYS, we intend tp ~x~rciK ow ria".t to
acceler,~te the mortia&C payments. This means that wbatevcr Is owina on tt'le orii1nal
amcn.1Q1 borrowc-d \\'i11 be ccm.sidered due immediately end you may lose the chlnce to
pay off the oriaioal ~ort~~ in. monthl)' installments. If full p.)T.)el1t of tne amOUnt of
d.f'\llt in not made within "I'HlRTY (30) OA YS. we aleo intend to ~tan . lawsuit to
fortclo: ~ YOur mortaa,ed prl.'perty. If the mortgap is fOl'Qc1o~d, your monaaled
"r()p.n: will be tOlei by the Sheriff to pay ofl'the mortgaae debt. Ifwt refer)'O'Ul' case to
our attC"l~~'S. tlut your '"UN tb.C' default before the)' begin lepl ptotccdings q.ftmlt you,
)"Ou wtl still have to pi.)' the teuonable anomey~s fees actually i11Currecl, up to S~O.OO,
Howevc r~ if1eaal proeecdines are started against YOUt you will have to Pf'y the TeUonable
attomey'~ fee e'Ven if they c, over '30.00. Any attorney's fees will be added to what.ver
YO\l OW~ us, which mlY abe inc1ude out r8aso1'lable com. If you CW'e the default within
lhe tb1~ ,t-day c>etiod. you will ntlt be requirtd to pay attomtfs tccs. We may also sue
you petl(lna11y for the unpaid pri!l(;ip4l1 balanoe lI11d all other sum! du.e under the
mol't'~ :,
[ thi'b~'+ D
SEP-07-04 10:52 AM MEMBERS1ST Feu INS. DEPT 7177955178
a9/07!2034 e~:4~ ge&77~8S&0
P.03
PAGe: l:13
lfyou have not o\\rtd the default within the l.hiTt)'-da)" }.'leriod and fOfCclo$urt proceedings
hav~ 1 ~iun. you still have tne right to cure the default and prevent the sale Clot auy time up
to ODe hour before dIe Sheri.lis fom:losurc sale. You may do so ~ payiJ:1a the total
amO\l3 t of the unpaid monthly payment!l1 phl"iany late or other obarBe~ then du,e, as well
IS thl ,,"sonable attomey'. f~es aild CO$ts C011nectad with the foreclosure sale (and
perf Of n aD)' ~thct' req\l.iremmts \1ncWT the martS-Sf). It i. tSUltlated that the c.Uc~t da\c
that I\.1::h a Shed!'s sale oould be held would be _pprox.I.111ately three (3) month a &om tbe
above ,iate, A notice of the date of the Sheriff salt will ~ sent to yoo before tho sale. Of
r:Oursf tho amount ftc~d to cw:c the default will lncrelst the longer you wait. You me)'
find O.lt .t any time .:xactly what the required payment wi) I bo by calling us at the
follo"':T1I numbtr: 800..262.6574. Thill pa)'ment must be t.n c.lIh~ c..b'e..'. cheek,
cerdfi,!d eb-=k or I'Itoe)' order end mad" pa:vabl~ to us at the addr~s stated above.
You ~ lou.td realir.e th.t I She.rift~$ aale will ~nd your oWJ1enbip ()f the monaaaed
proper ). atld your ri&ht to remain in it. If YOu continue to U". in tt" pro~rty after th.e
Sh.erif1" sale. a lawsuit could be start~ to evict you.
Ycu hi VI ad<1itional ti.&hts to hf,lp prottct your interest ill t~ pmperty. YOU HAVE 1HE
RJGH1 TO SELL THE PROPERTY T009TAIN MONEY TO PAY OFP THE MORTGAOE
DEBT, OR TO BO~ROW FROM ANOTHER L.E'NOJNO NSTITUT10N TO 'PAV OfF nus
OEBT. (You MAY HAVE THE RlGHT TO SELL OR TRANSFER THE PROPERTY
SU8JE,;r TO THE MORTOAOE TO A ISUYER Ok TltA'NS}I!REB WHO WlT..L ASSUME
'rHE f\!ORTGAGE DEBT, ,PROVrOED THAT Al.t, THE OUTSTANDl'NO PAYMENTS,
CHARt H?,S, AND ATTOR.NEY'S FEES AND COSTS ARi PAID PT\!OR TO 01\ AT THE
SAl.E, AND THAT THE OT"'eR. P.EQUlREMENTS tiNDER THE MORTOAOE ARF.
SAl1SI1ED. CONTACT US TO DETERMINE UNDER WHAT C'1\CtJMST^,r~CES THIS
RJGHT MIGHT EXIST.) YOU HAVE. '%'HE lllCHT TO H.~V! THTS DEFAULT CtJRED 5Y
ANY i nkO PARTY ACTING ON yom( 8~H^LF.
If YOI.lI.\.U'e the dofault, tbo mol'tjaac will be fe$tored tQ the !&mC po.ition ~ it no dcflult
hac OOt urred, How,"-vct. YOlJ lit not entitled t.o this right to OUTe YOUT default more thin
three tl,:'let. il'\ any celendw year.
IF YQJ. R P~Jt~ONA Ll~(MIY fO~.IHE MOR-ToP-GE NOTE HAS. QEF.N_ tUSCH~R.G~D
IN 8A!\:~UPTCY.YQ\J}\'Jllt,. NQT ~,E HELD PER.~nNAU.V RESPONSTRL& FOR NON.
PA y~ ~T OF TMF. DBBT. HO'\i~\l~\.FOPy;.cI..QSUR.R OF YOOll }.{OM~ wn.l S..1J,IJ.
OC!:1J! _VNOJ::~ THF. T~.R.MS OF TH~_MOJtT('l~Ge C~,)'NTMCJ..lL.~
~OT ISJ. Qt'9HT q.LP.Jl~.NT.
Sincere,y,
Kath> 1 )Il~rsnt'
For~lo ure AS!locia~c
· Mai.le ' Certlficd onluly 20.2004
Certiflel1 Recefp1 No.: 7003 31100001 5883 3775
Rctun1100eipt RcqueS1cd
SEP-07-04 1121:52 ~M MEMBERS1ST Feu INS. DEPT 7177955178
, .~9;0711a~4 08:45 ge6173e9&0
P.04
PAGli e~
JMPORJAN1t Pl..F.ASE IlE~O
L"1 ade'it;on. cxcep1 for FHA.1nsur~d lOaDs. you will receivt another notice &0111 US under
Act 9, of 1983 That nQtlc:e is called "Notice of Homeown~t" F..mcrg.ency Mortgage
A~i8t ~ce Act of ] 98,:4", That noti~f wilt ~Iain certain other riSh1& that you mljht
have \ odel Act 91 f')f 1983. You MUST read both notices sincf the)' botb explain "Shts
thtt Y'1ll now hav~ under PeansylvlI.nil law. The time limits for Under', ActioD II
cxplai,ted in thi! Act 6 Notiee might be ~bstanti.eHy chlll.~cd if you chQose to apJ:lly for
Mortal.ge Assi&tance under Act 91 of 1983. It' you choose to exerci ~ your dams
desc:ril ed in Act 91 of 1983 Nolioe~ we otnMt fortel~c uJX'>ll YOUt home during tbat
time. Also,;f upon aPl'Jicatfon fbr Mortgage A uiatancc , and if mort"C .",tstance is
JRl\~:from the P=JUl5ylvania HousIng FU'la~'(le A8en~, your home cannot he
f01OQI< ~ecl upon while you are Tecelvi1'lg 'he assistance.
By
T' .
Kathy toHcfsor.
For~~lo~u~ A~~oci~tt!
SEP-07-04 10:53 AM MEMBERS1ST Feu INS. DEPT
. .e~;a7/2~a4 e6~4~ ge&77geS~0
7177955178
p.es
PA~ e5
J\lJ,)' 20, 2004
ACT 91 NOTICE
TAKE ACTION TO SA VE
YOUR HOME FROM
FORECLOSURE*
1bi!..i!, .n offls.ta' ,notice that the ~OrwU91"9ur 1Ul~ ldQ def.ult. '~JhtS len.der
jnt'Ddl t, '1Q...~10l1. Sll~elflc ll'lform.tlon .bo~ t",_ ~~ of the deft,.Jt i. D.m~lct,!I jJ\ the
.n.elled R"'"
:(he HOI',IEQ)YN'I.R'S ~IORTGAGE ~~SJS'fANCE J'R.OGRA.'\1 tH~~"'P) mil' >>t .bie
.! q l'elD ~o laVl vJJJlr'-Om" Jhis Notice. !J.Dl_tlll. "ow the Dt'O"r~m wor)UI,
Ii. .p It J1{,M~ ~." llelD. ~ouftln.t MEIi~'I WITH A rO~8tJ~tt CI$Rnn
r;nlINSJ:;1 ,1Ne; ~Gt:Nr'Y WITHIN 3t DAY,- OF 111~ nil tJ: Qt fH1~ 1iQ.TICJ, Take
thl. Notl~e with yon _he'll VOll ml_t wlt'ttht CounMllwttr "".c\'.
T~U"ftii!..d"'" ~lJ.d QJIo", "'~Im).r PI Ctl)QJIIler ~1Adj, (.:O.."..)jdll .A.,acit. ...nt"l
fOur ~.J I~ an lI~ed at tJstjldatcbil Natt~. "\,oa ".ve V" auestion.. ~t, r~ aln thl
r..nnIYJy~ ai. '011111.. Fb.."e.- A-.RCY tuO tne.t 1-800-3042.2',,,. (Pcnc'lp. "'i" .....o..rtd
'Iu'1n" c." .0 (717) 78O.1869t
Th;. Noli~ 4:ontalDa bnponant leall iD,forlDatlon.lfyoa have any que,dol',
...,reaent; Itl".. at tilt COftJWMr Credit Count.lIn, Apnc)' may be Iblt to h,tlp apltla it.
VOl may .150 want to tontIKt an attornI)' ill you, .r... n. Jocal bat a..oct.tlon 1D"Y bt
able to hell) you flnd a lawyer.
LA NOTIF:, CAtION IN ADJVNTO ES DE SlJMA. IMPORTA...1\ictA. PUJi...! AReTA SlJ
DIR'ECHO A CONTNt.u VIVIE'''DO IN SU CASA. 51 NO COMPUNDE EL CONTENlDO
])J; ESTAl\lOTD'ICACION OJJTENGA UNA TItADUCCION lNMItDITAMlNTE LLAMANDO
EST A AGE ~CJA (PENNS1*L VANIA HOUSING FLlIfANCE A.GENCY) SIN CARGOS At
N\}MERO lIIENCIONJ\OO AR.J1JM. P'V.01:8 lEft E~EGTBLtPA.l\A t..TN PRlSTA.MO POR
IL P1tOGJ. 'MA LLAMADO "BOMEO"''ND'S '!)lUGENCY MORTGAGE A.."JSTANCJ;
PROORA~I" IL CUAL PUEDE SAt V Alt. SU CASA nt LA PERDIDA Dtt. DIR'ECHO A
R'EDIMl'R! 11 RTPOTECA.
'I,"UI be "l~AI JfI PIlI"' Itpel
Ci.kh/t ~
SEP-07-04 10:53 AM MEMBERS1ST Feu INS. DEPT
7177955178
P. fj6
p~~ e~
. .~~!6712ea~ 08:45
91167BElS&0
HOMEO' VNER'S ~A..\IE(S):
PROPER I'Y ADDRESS,
LOAN A' :COl"NT NO.:
ORIGiN) L LENDER:
CURR.E;\ r LENDERJSERVICER:
JOhn W. Bartl}
~'24 S. MII'l\~t,Sjrccr. M~o.n:c~PIlI'Q. FA 17o~S
illlQ
MembC1'slJI Fedeml Credit Vdon
Midwest r:(g&n StryicQi,}nc. swyltin'~~~l fot Membt.rs
J)t FederAl Cre~j~ l;ni~
,:14 'MEOWNER'S tM.tRGENCY MORTOAGF.. ASSIST A.NC'E PROGR4M
you ~ ' RI'. 1'1.lq.V'JJ FOR,INANC:,l.4.I. AS8iJ.S1'~~CE ~HICH C.....N SA'VIlj, }'OlJR HQMF.
1'l\W1JOJ)U;c;r .OStlll,1; ~ RT' ,P \'00' M)."I'. Pt'TtJJ.t' M91lTGACJ'f. PAr. Yl\f1i'1IT8
If' iOtJ COMPLY WIT,lI 'IHE PROVISIONS or TJo([ HOMEOWNER'S EMERGENC\'
MORTGAGE ASSTSTA!'fCE ACT Of 1.g3 (TJlI".4CT"). YOU MAV Sr. J:LtGtBL'E 1I'OR
EMtRGEiiCY MORTG.\Cl: A5SISTI\NCI::
IF YOt:a. DEl Aut.T flA5 'BV,tN CA.t}StD BV
ClRCVMSTANCES BEYOND YOlJR CONTROL.
IF YOU HA Vi A lUASONABLt PROSPECT OF
BEING 4-BLE TO ))AY YOUR MORTGAGE
PA YMtNT5. AND
l' l"ot MEET OT:fttR tLlGZBn.rr\'
REQIJJRlMEmS ES'f "BUSHED BY THE
PINNSVLVANIA !lOUSING fIN4NC.E ACINCY,
'UWOR)l IIX STAY O,F.f91l'F.CI.oSL'll~ - Under the Ac:t\ )IOU arc ontitled to tI temporary 5tl)'
offorecloslre on your rnoTtiap tor thirty (30) day. from the date of this ~otice. Durin" that
time: you 'O.11)Jt manse and attend a "fa~r.to.ftcell me~in8 with o1'le of the cocsumer credit
coun.sellnJ 'icacie$ U3ted at the end of this Notice. TJqf N~tTlSG M\1ST OCCtIR.WllWW
pn:.1fEX1 {JO} DA YS..TE YOi.LIXl1iOT A,J>PI.Y ~OR. ~MF1l0ENCY J\'fORT{j~l)F. AS~l!liT ANCF..
YOU..W$~, '.B8J}jn YOUR MOaTOAn& Up IQQATE. j}fP. .PART 01 THt~N9TIC.E (';,4r .um
"HOW AQl f!ltE YOUI\,MORTGAGF. nEf~t'\ ~P~AINS BOW TO RfUNG YQYl
MOkt9~r;j~ TO Q6 TF,.
CONSlr~:\\fRF.DIT COUNSlT,lNQ o\fJ'~~lfS - If you meet with one of'thc conllumer
tredit cou!w el\na aie~)' li5ted at the end of this notIce, the lender .may NOt take action as.irlst
YO\1 fOl' thir:y (30) daya after the date Clf'this meeting. ~ llall1e~Jt'drelSes &nd.~,l~lto'\S
f\"~bel1 ~.lU~f".tflr:.lS cQnAumtt eredit COl.W~1ill~ .eflel,e,tc>! t1t~c.oYllt,< in whicl1 t)". groM1'\Y
it JWJreo II',~ set forth. at the.enci 'pfJhiJ NpIig. Jt is only necessary to sehcdule ont face-to~fac,
meetioa, Ac; "i.. )lOUt' Jmd.er im.l'l'tedi~t.~ly, of your mr.ntions.
WIJC&T: O~(PR MORTGAr.~~~RlST""lC" ... Your morti~ i.s i!\ d:fault for the reasom
set forth Jat4 r in this ~otite (see Collow\11i fJalcs fOf $peciflc infonnat\Olj about t.he nature of
your,default ) I!yOU ha,'~ tried and ate UDa~le to resolve this .f\foblcm. with the lender, you hllve
the rJjJht to , ppl)' tor financial wistll'lce frum the Homco~efts Emereen~y MOr\pge
Assistanee f roaram-. To do so, you mu~t rtll out, si~n and Ale a completed HomepWDff'lIl
2
SEP-07-04 10:54 AM MEMBERS1ST Feu INS. DEPT 7177955178
P. t...17
, "tI3/0 7 (2634 ~B: 4'5 'iiE:' n~8'3b0
P A':f: If?
Emerg~T)1 )' AUtstan.c. ProgrWTl Application with OM of the designated consumer credit
coun3clin t a~~ncies listed at tb.C! cr.d Ofthi3 No1icc. Onl)' con.llmer credit counselina .ienc.i~5
have app~ cations for the program ~d they will assist you h, submini:ng a complete a1)f'li<:atjon
to the PCflrlsylvmia HOU!lil'li FI.nat'lce A@ency, YOUT appHcatioTl MUST be tiled or postmarked
within thi ty (30) days of your fict-to-face Qlcetin"
yoti ULL!I JIL:F. YOtJR APPLlCJr.TION 'ROMP T L\' . ll' YOU FAD.. TO DO 5Q OR IF ,"OU
DO NOT .1 'QLLOW 'tHE OTHER 'l'1M! P&IUODS SET fORTH IN THIS L1p.nlR,
r01tlCL,I)stlRE MAY PROCEED AGAINST YOVlUIOM! JMM.EDJA1'ELV AND YOUR
A PPUCA rJON FOR MORTGAGE 4SSIST ANCE WILL BIOI1\UD.
4Gt:'S:X'-~.TlON... Available fundi for emerpl\cy mO~llge usirt&l'lce are very 1iT'llited. They
will be di!.l)ursed by the Agency under the eli8ibilit}' <:dtcria estaoHshed. ~y the A.ct. The
PCflnsylva lia Housing F1nanet Agency b.l1! sixty (60) days to make a declsion after it ~ei"es
your app1i1 ,au on. Ouri~1 that ti.me, no for<<lo~l1rt proceertinSI will be purS\.11d 8asinst you it you
have m~t t b:': tim.e requtremenu set forth ubove. You wi1l be T1()tH'ied direetly by tbe Pcnn.'!tylvlllia
HO\.l!ing F na.nce A.n~ ofitl decbion OD your A\)plication.
NOTE. IF VOli ARE COItltINTL Y PROTECTED 8~ TKt FIL1NG OF A PETlflON t'{
BANK \UPTCY, TR'E FOLLOWING PA.R.T or 'flUS NonCE TS FOR INroRMA nON
rUkPOSi;5 ONLY Al\1) SHOULD NOT BE CONSIO!UD AS AN A~MPT TO COLL'F-CT
THt DEBT.
(tfyou ~{a"e "leel bankruptcy yeti cln stlJlappty for ('.mera..C)' Mol1la., AI.5,..nte.)
HOW 1;9 Cl;R~ YOliR MOR'fGAGF, P.J~'A.(,j;LT mdllO jt..v tq dattl~
NA. T~" ~,rl ,tB1f. nl'P'AUJ.T -The MORTGAGE debt held by the above len<ie1: on your ,ptQPtrty
located at; ,:&4 S, Muket Street. M~jcsburll. PA 170S~
IS SERlOL SLY IN DEF AUL T ,*au,e: YOl.; HA va No'r MADB MONTHLY
MOR TOA. ~EJ> A YMENTS for tl1c followifti ",ontlt" June 2004 throuJh the July 2004 each in
the amount of $6;3.00 plus late oharles hlVe: aJso accn.\ed to this 41te in th~ t\frlOunt tlf$'~.10.
TOTAL A:.\!JOUNT PAST DUE $].399.10.
1I0~~ 'VJ\J; TlU1 nfF&L'l.:t ..YO\l may CW't the default within IHJR TY (~O) DAYS of the date of
this notice IIV P A YINe THE TOT At AMOUNT PAST DUE TO THE LE~J)ER) WHICH IS
S 1.>>9.1 Q, I LtJS ANY MOR rOAOE PAYMENTS ANt> LATE CHARGES
Midwtst Loan S~r\'ice$. it1c,
616 Shelden Ave., Suite 300
PO Box 188
Houihton~ MI 49931
3
SEP-07-04 10:55 AM MEMFERS1ST
Feu
I t~S. DEPT
7177955178
P. (:1:-;1
PAG:: ~a
-
09/~7i2024 06:45
9t:&n98%0
If yOU I ,t1 NOT cup.,. TMJ'. un"AuIwI~-l!YOI1 do not ;ure the default within THflUY (30) DAYS of
't~ date {\ I' this. NQt~c~. tbe ltnder Intend. to exertl,e ltl ri,hts to .cteltr.te fbe mot""C' debt. Thrs
muns tlu t the entire ()uts'WIdil1i balance of thi.' debt wm be consid,red due hrunediately IIld you may
lose the cJ.lU\ce to pl.)' the mortg&ie in ttlot\thly installments. If fWl payment ohhc total amount past due
is not ma,te: witl'lin THIRTY (30) OA YS, the lendet .0 intends to iU!ltl"\lC1 it.q atierney, to stitt Ica.l
Ittion to f' Jfeclose upoa Y~Uf mortal.ed property. .
1f,1H'i ~,OaTr.A91.3 POBEc;a.o.~I'.D \JPO}i .- The .mortaaaed property wiJl be sold b)' the
SncrifftC> lay of'fthe mol'tll;c de\'lt.lfthe lenoer refen YOW' c~e to ib attorney" bat you cu:,
the delinql\Cnc)' bef'ore the lender begin. lepl proceedings apil'st you. )'()u will IlUt be requU'td
to pAy the rea..~Ttable 8t1omey'a fees ,bat were actually incumd, up to $50.00. However. If leial
proceecHnj 8 ~'e started lia1nst you, you will ban to pay all ttUOllilble attIJrneys !eel &C1uall)'
incurt'td b,' the lCllder even ffU1cy ex~cd, $50.00. Any anomey', fees will be added to thi
amow,t YC J owe the lender~ w~jch may a1so inelude othel' rea.sonabl~ costs, If)'ou curt the
default wll ;hln the THIRTY (30) DAY ".riod, you ~llI1\ot be requfred to pay .ttoBey'.
reel.
OJ1Vl:R T" :NDf:R REWnu,S - The tender may also SUe you personally fQr the unpaId
principal b llatlce IIIJd aH other !I\.Ims due under the mo.rtgai~.
.R1CHT T( ,~1r. TIO D..'~~~t "'OR TO SIlF.lllFFt~ SAt.,. u If you have not ourcd the
default wit &in the THIRTY. (30) DAY period end forcc:tosure proc<<dinS. havI begun, you stiH
have the rii:ht La etl1'e the default and prevltni the sale at any time u~ to one hour before the
Sheriff. S.le. You may do 10 by paylna the total amown then past due~ plus any late or other
~bataes the 11 du~~ teMonabl~ attOmey'. re" Md. cost~ eonl'c~tcd Wifh tbt; foreclosure sale Itld
any otMt' O'lst~ connected wim the She1ift'a Sale as ,pec;ifj,ecl in writins by the lender and by
1)Ctfonnina any other l'cqJiTement9 Ilnder the mof1ga,e. Curiq your de'.ult Sn the m.nn.r.et
forth ift th: ~ Dotlee ..Ill 'e&ton your .0....le to tbe sam. po.ldon II ,tyou bad D",.r
defaulted,
Ii:~Rl.Ir.';lPossnar ~JlF.lY'r"s U..q; DA~ --l~ iu,timated that the eadlest dl18 tbauueh
a Shcl'Hr. ~.111c of the mottaaaed ptoporty cQwa be beld ....,ould be appro~m.t.ly 11 months
from the ell.te o'thi. NotAte. A notice of the "tual date of'tnc Sheriffs Sale will be sent 10 you
b.~o!'~ the S lie. Of ~('turse~ the MlQuntn.eded to cure the default will lncreuc the longer you
"'111. You n lay f1n,d out at any timt exactly what the req~ircd payment or action will be by
contactinl t le lender,
.wm~ i;>~lACT THt 1.r.N1)l;RI
Narr~ of under:
Add, CIS;
."PhQf t! Number:
Fax: ,hll"ber:
C~l1t lot:
Midwesl Loan SeT'Vicel~ me.
616 Shflden Ave., Suito 300
PO Box 1 88
Housh~~, Mf 49931
800.262.6574 or 906.179.8970
906-779.8960
Kathy Toltefw~
4
SEP-07-04 10:55 AM MEMBERS1ST Feu INS. DEPT 7177955178
P.09
. t9i~i/~~a4 06:45
S~b 7 738~tJ~
p~ eg
11'FltC't QL'lIJ:RIff'~lS~Lf. - Vall sh(luld roaHz<l that a Sher:trs Sale will end yOUt
o~hi,!' of the mortgAged J'roperty and YOllr riiht to OC(;l.lpy it. Jfyou continue to liv(' in th.e
property I ner the Sheriff's Sale, .laws\lit to remove you md }'out' furr.j$hini~ and other
belOl1gin~' J could be started by the lender at an>, time.
'$S1rl~JlON OF MORTfi6GE- You _ mayor 3 may not (CHECK ONE) sell 01 'Lransfe"
YClur h.on~' . to a buyer or transferee who will a5.Cll.tme the mortjap debt. provided that All the
out!ltsndh II pcyment,. cl'aariC5 and .norney's fer..! and C(lsts are paid prier t~ or at the sIl.Ie and
that the 01 ,tl' requirements of the moltil!ge arc satlmcd.
YJ)U l\1A)' t-T..SO JJAVJ..nn-~R.IGHJ'~
TO SEt.L THE PROPERTY TO osr AtN MONEY TO PA Y OFF THE
MORi'GAGE OE.8T OR l() BORROW MO!\EY FROM ANOiHER
l.ENDINO lNSTlTUTlON 1'0 PAY OFF THIS DEBT,
TO H.... VE THIS OEF AUl T CURED BY ANY THIRO PAR TY .4CTING ON
YOUR BEHALf,
TO HAVe TtJE MOR.1CA(,r:; RF.STORF.O TO THE SAME POSITION AS If
NO DeFAULT HAOOCCllRREO, If YOU C\.JRE THE DEFAULT,
(HOWEVER. YOU 00 Not [..fA VE nns RIGHT TO CURS YOUR
DEPAUL T MORE THAN TH~E TIMeS IN ANY CALENDAR YEAR,)
TO ""SSERT THE ~ONEXIS1ENCE OF A DEPAUL T IN ANY
FOP.ECLOSUM P'ROCSE!OIl'iG Ok ANY OTHER LA WSWT !NSiltUTBD
UNDER THE MORTOAOB DOCUMENTS,
TO ASSERT ANY OTHER OEf'ENS8 YOU BELIEVE YOU MA. Y HA Vii TO
SUCH ACTIO1\; BY THE tENOE.R.
TO SF.EK PROTECTION VNDER THE FEDERAL BA.NKRUPTC'V LAW,
CONS' lMER. CREDIT COUNSEUNG A.GENCIES SER\l.HG YO\JR COliNTY
Counseling Agencies
CUMBERLAND COUNTY
Joc_me C, ..."ty t(olltlnQ AutflOflti
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P. 1 1
VERIFICA nON
J, Stephanie McCreary, Collections Officer for Members l!lt Federal Credit Uoion.
being authorized to do so on behalf of Members 1<1 Federal Credit Union, hereby verify
that the statements made in the foregoing pleading are true and correct to the best of my
information knowledge and belief. I understand that false statements are made subject to
the penalties of 18 Pa C, S. A, Section 4904. relating to unsworn falsification to
authorities.
Members 1 ~t Federal Credit Union
BY:~~t (M tlV>>V
Stephanie McCreary, Collectio60
Officer
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MEMBERS 1 ST FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.: 04-5:841 Civil Term
JOHN W. BARTH
DEFENDANT
: CIVIL ACTION-LAW-MORTGAGE
: FORECLOSURE
ACCEPTANCE OF SERVICE
I, Philip C. Briganti, Esquire, hereby accept service of the complaint in mortgage
foreclosure filed in the above captioned matter on behalf of John W. Barth, the defendant
in the above captioned matter.
Date: /{/d.9/t?f
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MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs,
JOHN W. BARTH
Defendant
CIVIL ACTION -LAW
: MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above captioned proceeding in favor of Members 1st
Federal Credit Union, Plaintiff, and against the Defendant, John W. Barth, in the
amount of Eighty-two Thousand Two Hundred Forty-Seven and 42/100 Dollars
($82,247.42), plus interest at the rate of$14.83 per day, through the date of
payment, including on and after the date of entry of judgment on the Complaint,
and attorney's fees and costs of suit and for foreclosure and sale of the mortgaged
property. Judgment is entered pursuant to a Stipulation for Entry of Judgment
attached hereto as Exhibit" A" and made part hereof
Date: December -3-, 2004
Respec1~ submitted,
~..
rl M. Ued b m, squire
upreme Court ill #59012
P.O. Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
MEMBERS I S'.' FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO' 04-SfJ4 I Civil Term
JOHN W. BARTH
DEFENDANT
.. CIVIL ACTION-LA W-MORTGAGE
, FORECLOSURE
STIPULATION FOR ENTRV OF JUDGMENT
AND NOW. this ~?c? tJ.. day of Nl?'v-,~A_ , 2004, the parties to
.. 'I
the above.captiOned matter, by and through their respective attorneys, stipulate as
follows:
RECITALS
A. Members I sl Federal Credit Union ("Plaintiff') filed its Complaint in the
above-captioned matter on November 19, 2004, which Complaint is
incorporated herein and made a pan hereof as if set forth in full.
B. Rather than litigare [his matter, the Defendant has agreed that the Plaintiff is
entitled to judgment in this matter, and the parties have agreed to stipulate to
the entry of judgment in this matter
AGREEMENT
NOW THEREFORE, the Plaintiff and Defendant, intending to be legally bound,
agree as follows:
I. The Defendant hereby admits all allegations cclntained in the Plaintiff's
Complaint in this maUt:r and waives any and all notices. rights to notice and
rights to cure Defendant" s defaults described in the Complaint which may
otherwise be available to the Defendant under the Note or Mortgage or any
other agreement or document executed in ronnection therewith, or otherwise
at law or in equity, and waives any and all defElnses to the Complaint,
EXHIBIT "A"
Nothing herein shall constitute a waiver of the discharge ofthe Wlderlyins
indebtedness secured by the Mongage received by Detendant as a resuh of the
bankruptcy filed by Defendant before the Middle District of Pennsylvania to
docket number 1-04-01466.
2, Judgment shall be entered against the Defendant and in favor of Plaintiff in
the amount of EIGHTY TWO THOUSAND TWO HUNDRED FORTY-
SEVEN AND 42/100 ($82,247.42) plus interes1t at the rate of$14.83 per day,
through the date of payment, including on and ~Lfter the date of entry of the
judgment on this complaint, additional attorney's fees and costs of suit and for
toreclosure and sale of the mortgaged property
IN WITNESS WHEREOF, the Plaintiff and De:fendant, by and through their
respective attorneys. have executed this Stipulation as of the 1 c ~ay of
N,vL'4? Ikr- . 2004.
By:
K;r. . uire
Su me Court ID 1#: 59012
p . Uox 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
John W. Barth
By: _
Philip . Brigan ,Esquire
SuprE:me COUll ID# ~Jj !Iff;)..
74 West Pomfret Street
Carli!.le. P A 17013
(717)960-0005
Attorney for Defendant
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MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: 04-5841 Civil Term
VS.
JOHN W. BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PR!\CTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER. AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WIIJL BE USED FOR THAT
PURPOSE
TO:
Philip C. Briganti, Esquire
Legal Counsel for Defendant
74 West Pomfi-et Street
Carlisle, P A 17013
You are hereby notified that on ~ /6 , 2004 the following
judgment has been entered against you in the above captioned case:
John W. Barth
2524 S. Market Street
Mechanicsburg, PA 17055
Judgment in favor of Members 1 st Federal Credit Union, Plaintiff, and against the
Defendant, John W, Barth, in the amount of Eighty-two Thousand Two Hundred Forty-
Seven and 42/100 Dollars ($82,247.42), plus interest at the rate of$14.83 per day,
through the date of payment, including on and after the date of entry of judgment on the
Complaint, and attorney's fees and costs of suit and for fon:closure and sale of the
mortgaged property, Judgment is entered pursuant to a Stipulation for Entry of Judgment
attached hereto as Exhibit "A" and made part hereof
Dated:
1c1- (0- 0+
~&J v<~
Prothonotary ~
I hereby certify that the proper persons to receive this notice under Pa. RC.P. 236
are:
John W. Barth
2524 South Market Street
Mechanicsburg, P A 17055
Philip C. Briganti, Esquire
74 West PomfJret Street
Carlisle, P A 17013
MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: 04-5841 Civil Term
VS.
JOHN W. BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
A: John W. Barth
Philip C. Briganti, Esquire
Legal Counsel for Defendant
Por este medio se Ie esta notificando que el de
2004, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el
caso mencionado en el epigrafe,
F echa:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
John W. Barth
2524 South Market Street
Mechanicsburg, P A 17055
Philip C. Briganti
74 West Pomfiret Street
Carlisle, P A 17013
Respectfully submitted,
Date: (2-"'-'.--0 Lf
17070-0173
MEMBERS IS'!' FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
PLAINTIFF
Vs.
NO' 04-S:S41 Civil Term
JOHN W BARTH
DEFENDANT
CIVIL ACTION-LA W-MORTGAGE
. FORECLOSURE
STIPVLA TION FOR ENTRV Of JUDGMENT
AND NOW, this .<<:1 tJ- day of flt1ihl',.,-'JA,-. , 2004, the parties to
the abovercaptioned mauer, by and through their respective attorneys. stipulate as
follows.
RECITALS
A. Members I" Federal Credit Union ("Plaintiff') filed its Complaint in the
above-captioned matter on November 19, 2004, which Complaint is
incorporated herem and made a part hereof as if set forth in full
B Rather than litigate this matter, the Defendant has agreed that the Plaintiff is
entitled to judgment in this matter. and the panies have agreed to stipulate to
the entry ofjudgmenl in This matter
AGaEEMENT
NOW THEREFORE, lhe Plaintiff and Defendant, intending to be legally bound,
agree as follows:
The Defendant hereby admits all allegations CClRtained in the Plaintiff's
Complainl in (hiS maut:r and waives any and all notices, rights (0 notice and
rights to cure Defendant's defaults described in the Complaint which may
otherwise be available to (he Defendant under The Note or Mortgage or any
other agreement or document executed In connection therewith, or otherwise
at law or in equity, and waives any and all defEmses (0 the Complaint.
EXHIBIT "A"
. .
Nothing herein shall constitute a waiver of the discharge of the underlying
indebtedness secured by the Mongage received by Defendant as a result of the
bankruptcy filed by Defendant before the Middle: District of Pennsylvania to
docket number 1-04-0 1466.
2 Judgment shall be entered against the Defendant and in favor of Plaintiff in
the amount of EIGHTY TWO THOUSAND TWO HUNDRED FORTY-
SEVEN AND 42/100 ($82,247.42) plus interest ,ill the rate of$14 83 per day,
through the date of payment, including on and after the date of entry of the
judgment on this complaint, additional attorney r s; fees and costs of suit and for
foreclosure and sale of the mortgaged property
IN WITNESS WHEREOF. the Plaintiff and Defc~ndan[, by and through their
respective attorneys, have executed this Stipulation a,s ofthe ] () ~ay of
l'Ielc/<"4'7/;kr , 2004
Members I'" F
By: i
K*ac. uirc:
Su eme Court 10 #: 59012
P . Box 173
New Cumberland, PA 17070~0173
(717)938-6929
Attorney for Plaintiff
~yhn W;2
PhiliP?: , Briga ,Esquire
Supreme Coun ID# >/f
74 West Pomfret Street
Carlisle, P A 17013
(717)960-0005
Attorney for Defendant
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MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
CERTIFICATE OF SERYIQ;
I, Karl M. Ledebohm, Esquire, hereby certify that on the 11th day of January,
2005, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES
IN INTEREST pursuant to Pa. RCP 3129 (b) in the above captioned matter upon
the following individuals by first class mail, postage prepaid, addressed as follows.
Members I" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Suzanne F. Barth
60 ID Mallard Road
Camp Hill, P A 170 II
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Tenant
2524 S Market Street
Mechanicsburg, P A 17055
Eugene R & Amy N. Eppley
2522 South Market Street
Mechanicsburg, PA 17055
Mortgage Electronic Registration System, Inc. #701-882
3300 Southwest 34th Avenue, Suite !Ol
Ocala, FL 34474
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, P A 17013
u. S Postal Forms 3817 evidencing the mailing of said Notice to the parties set
forth above are attached hereto and made part hereofby reference as Exhibit "A".
January 13, 2005
Respec~llly submitted,
/ ~CJ~
{~ldebOhm, sq.
Supreme Court ID #: 59012
PO Box 173
New Cumberland, PAl 7070-0 173
(717)938-6929
Attorney for Members 1'1 Federal Credit
Union
MEMBERS 1 S1 FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGEFOF~CLOSURE
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa. R.C.P. 3129(b)
To. Members rt Federal Credit Union
5000 Louise Drive
Mechanicsburg, P A 17055
Suzanne F Barth
601 D Mallard Road
Camp Hill, PA 17011
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle. PA 17013
Tenant
2524 S Market Street
Mechaniesburg, P A 17055
Eugene R & Amy N. Eppley
2522 South Market Street
Mechanicsburg, P A 17055
Mortgage Electronic Registration System, Inc. #701-882
3300 Southwest 34th Avenue, Suite 101
Ocala, FL 34474
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, P A 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out ofthe
Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of
Cumberland County, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Strel~t
Carlisle, P A 17013
on June 8, 2005 at 10:00 a.m., the following describtld real estate which John W.
Barth is the owner and reputed owner and on which you may hold a lien or have an
interest which could be affected by the sale of
2524 South Market Street
Mechanicsburg, PA 17055
(SEE LEGAL DESCRIPTION ATTACHED AS EXHffiIT "A").
The said Writ of Execution has been issued on a judgment in the action of
MEMBERS I S1' FEDERAL
CREDIT UNION
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHNW BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
at Ex. No. 04-584 I Civil in tbe amount of $82,247.42, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above
sale date.
Claims to proceeds must be made with the Office (If the Sheriff before
distribution
Schedule of Distribution will be filed in the Office of the Sheriff no later than
thirty (30) days from the sale date.
Exceptions to distributions or a Petition to Set Aside the Sale must be filed with
the Office of the Sheriff no later than ten (] 0) days from the date when Schedule of
Distribution is filed in the Office of the Sheriff
ALL THAT CERTAIN lot or piece of ground siltuate in the Village of
Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a corner in the line of High Stnlet Road and lot now or late of
Mrs. L. Gardner; thence by said lot, South 70 % degrees West, 150 feet; thence by
lands now or late ofF.P. Goodhart, North 25 degrees West, 40 feet; thence by lot
now or late of A Stevens, North 70 % degrees East, 150 feet to High Street Road;
thence by said road, South 25 degrees East, 40 feet to the place of BEGINNING
The distances in feet are understood to be more or less
HAVING THEREON ERECTED, a dwelling house known as 2524 South Market
Street
BEING the same premises which John W. Barth and Suzanne F. Barth, husband
and wife, by their deed dated March 21,2001 and recorded in Cumberland
County Deed Book 241, page 709, granted and conveyed unto John W. Barth.
If you have any questions or comments with regard to the Sheriff's Sale or this
Notice, you should contact your attomey as soon as possible.
Date (Z,-'Z-7 -CJ Y
Respe.ffully submitted
~/ J
II . Lede ohm, Esq
Supreme Court ID # 59012
P,O Box 173
New Cumberland, PAl 7070-0 I 73
(717)938-6929
Attorney for Plaintiff
u.s. POSTAL SERVICE CERTIFICATE OF MAILING ~"I
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT --- ~ ~ ;
PROVIDE FOR INSURANCE-POSTMASTER f --, ~ C) III ~
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05841 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNI
VS
BARTH JOHN W
R. Thomas Kline
{Sheriff or Deputy Sheriff{ who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BARTH JOHN W
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND { as to
the within named DEFENDANT
{ BARTH JOHN W
2524 SOUTH MARKET STREET
MECHANICSBURG, PA 17055
PROPERTY IS VACANT. PER NEIGHBOR{ DEFENDANT MOVED
OUT IN AUGUST.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
7.40
5.00
10.00
.00
40.40
So answers;
._-.~~~-:~,~>-~;
/ R. Thomas~line
Sheriff of Cumberland County
KARL LEDEBOHM
12/08/2004
Sworn and subscribed to before me
this
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PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SECTION 149 ETC.
MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
; IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYLVANIA
vs.
04-5841 Civil Term
Amount Due $82,24742 .;
Interest from; 11118/04 at the rate of
; $14.83 per day to be added
; Atty's Com. N/A
COSTS TO BE ADDED
JOHNW BARTH
Defendant
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER,
(I) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against John W Barth, 625-6 Old Quaker Road, Lewisberry, P A, 17339,
Defendant; and
(3) and against N/A Garnishee (s);
(4) and index this writ
(a) against John W Barth, 625-6 Old Quaker Road, Lewisberry, PAl 7339,
Defendant; and
(b) against N/ A Garnishee (s),
and levy upon and seize the following real property of Defendant and index this writ
against the following real property of Defendant as a lis pendens
All that certain tract ofland and improvements thereon erected situate in Village of
Bowmansdale, Cumberland County, Pennsylvania, known and numbered as 2524 South
Market Street, Mechanicsburg, P A 17055 and as more particularly set forth and
described on Exhibit "An attached hereto and made part hereof by reference.
(a) Exemption has (not) been waived
0-'
arl M. Ledebohm, Esquire
Supreme Court ID #59012
PO Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
J2
Dated 12- Z'J-C-'c(
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ALL THAT CERTAIN lot or piece of ground situate in the Village of
Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a corner in the line of High Street Road and lot now or late of
Mrs. L Gardner; thence by said lot, South 70 % degrees West, 150 feet; thence by
lands now or late ofFP. Goodhart, North 25 degrees West, 40 feet; thence by lot
now or late of A Stevens, North 70 % degrees East, 150 feet to High Street Road;
thence by said road, South 25 degrees East, 40 feet to the place of BEGINNING.
The distances in feet are understood to be more or less.
HAVING THEREON ERECTED, a dwelling house known as 2524 South Market
Street
BEING the same premises which John W. Barth and Suzanne F Barth, husband
and wife, by their deed dated March 21,2001 and recorded in Cumberland
County Deed Book 241, page 709, granted and conveyed unto John W. Barth.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5841 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfY the debt, interest and costs due MEMBERS 1 ST FEDERAL CREDIT UNION PlaintilT(s)
From JOHNW. BARTH, 625-6 OLD QUAKERROAD,LEWISBERRY PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 2524 S. MARKET ST., MECHANICSBURG P A 17055 (SEE LEGAL
DESCRIPTON) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $82,247.42
Interest from 11118/04 @$14.83 per diem
Atty's Conun %
Atty Paid $122.40
PlaintilTPaid
Date: DECEMBER 28, 2004
(Seal)
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQ,
Address: POBOX 173
NEW CUMBERLAND PA 17070
Attorney for: PLAINTIFF
Telephone: (717) 938-6929
Supreme Court ID No. 59012
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
By:
ry
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Deputy v
.. "
MEMBERS I ST FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execurion was filed the tollowing informarion
concerning the real property located in Village of Bow mans dale, Cumberland County,
Pennsylvania, known and numbered as 2524 South Market Street, Mechanicsburg, P A
17055.
I. Name and address of owner(s) or reputed owner(s)
John W. Barth
2524 South Market Street
Mechanicsburg, PAl 7055
John W Barth
625-6 Old Quaker Road
Lewisberry, PA 17339
2. Name and address of defendant(s) in the judgment
John W Barth
2524 South Market Street
Mechanicsburg, P A 17055
John W. Barth
625-6 Old Quaker Road
Lewisberry, PA 17339
John W Barth
c/o Philip C. Briganti, Esq.
74 West Pomfret Street
Carlisle, PA 17013
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold.
Mortgage Electronic Registration System, Inc. #701-882
3300 Southwest 34th Avenue, Suite 101
Ocala, FL 34474
.
.
4. Name and address of the last recorded holder of every mortgage of record
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, P A 17055
Mortgage Electronic Registration System, Inc #70 I -882
3300 Southwest 34th Avenue, Suite 101
Ocala, FL 34474
5. Name and address of every other person who has any record lien on the property:
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:
Eugene R. & Amy N. Eppley
2522 South Market Street
Mechanicsburg, PA 17055
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
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, P A 17013
Suzanne F. Barth
60 ID Mallard Road
Camp Hill, PA 1701l
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Tenant
2524 S Market Street
Mechanicsburg, P A 17055
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. CS. Section 4904 relating to
unsworn falsification to authorities
.
Date 1:1:-- 2-3-(' <I
Respect,9rtly submitted,
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.Karl M. Eedebohfu,
,
Supreme Court ID #:
PO Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
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MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHNW BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
i=
NOTICE OF SHERIFF'S SALE 01 REAL ESTATE
To
John W. Barth
625-6 Old Quaker Road
Lewisberry, PA 17339
John W Barth
2524 South Market Street
Mechanicsburg, P A 17055
John W. Barth
c/o Philip C Briganti, Esquire
74 West Pomfret Street
Carlisle, P A 17013
Your house (real estate) at 2524 South Market Street, Mechanicsburg, PA 17055,
as more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriff's Sale on June 8, 2005 at \0:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of$82,24742 obtained by the
above named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
I. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs or the back payments, late charges, costs
and reasonable attorney's fees due. To find out how much you must pay, you
may call Karl M. Ledebohm, Esquire, at (717)938-6929
2. You may be able to stop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also
ask the Court to postpone the sale for good cause.
3 . You may be able to stop the sale through other legal proceedings You may
need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice below to find out how
to obtain an attorney.
".
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
I. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5 . You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house
A schedule of distribution ofthe money bid for your house will be filed by the
Sheriff on (within thirty (30) days after the
Sheriff Sale). This schedule will state who will be receiving that money. The
money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717)249-3166 or (800)990-9108
.
The Sheriff's phone number is (717)240-6390
arl . Ucdeb hm, Esquire
Supreme Court ID #59012
PO Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
..
ALL THAT CERTAIN lot or piece of ground situate in the Village of
Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a corner in the line of High Street Road and lot now or late of
Mrs. L. Gardner; thence by said lot, South 70 V. degrees West, 150 feet; thence by
lands now or late ofFP. Goodhart, North 25 degrees West, 40 feet; thence by lot
now or late of A Stevens, North 70 V. degrees East, 150 feet to High Street Road;
thence by said road, South 25 degrees East, 40 feet to the place ofBEGlNNING.
The distances in feet are understood to be more or less.
HAVING THEREON ERECTED, a dwelling house known as 2524 South Market
Street.
BEING the same premises which John W Barth and Suzanne F. Barth, husband
and wife, by their deed dated March 21, 200 I and recorded in Cumberland
County Deed Book 241, page 709, granted and conveyed unto John W. Barth.
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MEMBERS I ST FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-584] Civil Term
vs.
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
AFFIDA VIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO
Pa. RC.P. 3129.2 (c)
I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear
and affirm that on the 11th day ofJanuary, 2005, I served the attached NOTICE TO
LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. Rep
31292 (c) in the above captioned matter upon the following individuals by first class
mail, postage prepaid, addressed as follows:
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, P A 17055
Suzanne F. Barth
6010 Mallard Road
Camp Hill, PA 170ll
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Tenant
2524 S Market Street
Mechanicsburg, P A 17055
Eugene R. & Amy N. Eppley
2522 South Market Street
Mechanicsburg, P A 17055
Mortgage Electronic Registration System, Inc. #701-882
3300 Southwest 34th Avenue, Suite 10 1
Ocala, FL 34474
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, P A 17013
. ..
Postal forms 3817 evidencing the mailing of said notices are attached hereto as
Exhibit A and made part hereof
Sworn before me,
a notary, p,ublic
this ---1....!.- day of January, 2005.
NOTARIAL SEAl
DEBRA L. SWIGERT, NOTARY PUBLIC
SOUTH MIDDlETON TWP., CUMBERLAND CO.
MY COMMISSION EXPIRES JUNE 26 2006
RespectfuUy submitted,
arl M Led ohm, Esq.
Supreme Court lD # 59012
PO Box 173
New Cumberland, PA 17070-0173
(717)938-6929
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which embers 1st Fed Cr Un 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 28th
day of Dee, A.D" 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004
Number 5841, at the suit of Members 1st F C U against John W Barth is duly recorded in Sheriff's Deed
Book No. 269, Page 3891.
IN TESTIMONY WHEREOF, I have hereunto set my hand
(--If
eal of said office this
day of
, A.D. C2~-
I/I~
Members 1st Federal Credit Union
VS
John W. Barth
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5841 Civil Term
Ron Kerr, Deputy Sheriff, who being du1y sworn according to law, states that on
February 17,2005 at 2:15 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: John W. Barth c/o Philip Briganti, Esq., by making
known unto Philip Briganti, Esq., personally, at 74 West Pomfret Street, Carlisle,
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
made a diligent search and inquiry for the within named defendant, to wit: John W.
Barth, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff
of York County, Pennsylvania, to serve the within Real Estate Writ, Notice ofSaJe, and
Description, according to law.
York County Return: Served the within Real Estate Writ, Notice of Sale and
Description upon John W. Barth on March 04, 2005 at 12:30 o'clock P.M., by handing to
him personally at 625-6 Old Quaker Road, Lewisberry, PA 17339. So answers: William
Hose, Sheriff of York County, Pennsylvania.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for occupants residing at 2524 South Market Street,
Mechanicsburg, Cumberland County, Pennsylvania, but was unable to locate any in his
bailiwick. House located at 2524 South Market Street, Mechanicsburg, PA is vacant.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on April 07, 2005 at 10:05 o'clock A.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
John W. Barth located at 2524 South Market Street, Mechanicsburg, Pennsylvania,
according to law,
R, Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above ReaJ 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: John W, Barth, by regular mail to his last known address of 625-6 Old
Quaker Road, Lewisberry, PA 17339 and c/o Philip Briganti, Esq. at 74 West Pomfret
Street, Carlisle, PA 17013. These letters were mailed under the date of AprilS, 2005 and
never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, 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$l.OO to Attorney Karl M. Ledebohm for Members 1st Federal Credit Union. It
being the highest bid and best price received for the same, Members 1 st Federal Credit
Union of 5000 Louise Dr., Mechanicsburg, P A 17055, being the buyers in this execution,
paid to SheriffR. Thomas Kline the sum of$708.41.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
York County
Postage
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$
$30.00
13.89
15.00
15.00
30.00
10.00
.50
1.00
18.50
4.70
15,00
20.00
9,00
34.18
1.11
191.00
218.56
16.47
25.00
39.50
708.41
Sworn and subscribed to before me
So.~s~s: ~~4
Th' "zS d f(~l n ~~""'l!:.~ ~
IS 0 ay 0 '--- 11, v" ,
-~) I ;, '].,,;. . tJ;:;', R. Thomas Kline, Sheriff
2005, A.D. ~ u.: I~ '{I \.
rothonotary , BY \. JC~ Sl,vul-h
Real Estate eputy
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MEMBERS 1 ST FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
AFFIDA VIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Village of Bow mans dale, Cumberland County,
Pennsylvania, known and numbered as 2524 South Market Street, Mechanicshurg, PA
17055
Name and address of owner(s) or reputed owner(s)
John W Barth
2524 South Market Street
Mechanicsburg, PA 17055
John W Barth
625-6 Old Quaker Road
Lewisberry, P A 17339
2 Name and address of defendant( s) in the judgment
John W Barth
2524 South Market Street
Mechanicsburg, P A ] 7055
John W Barth
625-6 Old Quaker Road
Lewisberry, PA 17339
John W Barth
c/o Philip C Briganti, Esq
74 West Pomfret Street
Carlisle, PAl 70 13
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold
Mortgage Electronic Registration System, Inc #701-882
3300 Southwest 34th Avenue, Suite 101
Ocala, FL 34474
4. Name and address of the last recorded holder of every mortgage of record
Members I" Federal Credit Vnion
5000 Louise Drive
Mechanicsburg, PA 17055
Mortgage Electronic Registration System, Inc. #701-882
3300 Southwest 34th Avenue, Suite lOl
Ocala, FL 34474
5. Name and address of every other person who has any record lien on the property
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
Eugene R & Amy N. Eppley
2522 South Market Street
Mechanicsburg, P A 17055
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
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Suzanne F. Barth
60 lD Mallard Road
Camp Hill, P A 170 II
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Tenant
2524 S Market Street
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief 1 understand that false statements
herein are made subject to the penalties of 18 Pa C S Section 4904 relating to
unsworn falsification to authorities
Date
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Respectfully submitted,
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Karl M. Ledebohm, Esq."
Supreme Court 10 # 59012
PO Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
MEMBERS I ST FEDERAL
CREDIT UNION
Plaintiff
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-5841 Civil Term
vs.
JOHN W BARTH
Defendant
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OR REAL ESTATE
To
John W Barth
625-6 Old Quaker Road
Lewisberry, PA 17339
John W Barth
2524 South Market Street
Mechanicsburg, PA 17055
John W Barth
c/o Philip C Briganti, Esquire
74 West Pomfret Street
Carlisle, P A 17013
Your house (real estate) at 2524 South Market Street, Mechanicsburg, PA 17055,
as more particularly set forth and described on Exhibit "A" attached hereto and made
part hereof, is scheduled to be sold at Sheriffs Sale on June 8, 2005 at 1000 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of$82,24742 obtained by the
above named Plaintiff against you
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action
The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs or the back payments, late charges, costs
and reasonable attorney's fees due. To find out how much you must pay, you
may call Karl M Ledebohm, Esquire, at (717)938-6929
2. You may be able to stop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered You may also
ask the Court to postpone the sale for good cause.
3 You may be able to stop the sale through other legal proceedings You may
need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale (See notice below to find out how
to obtain an attorney
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder You may find out the price bid by calling the Sheriff at the County
Courthouse
2 You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on (within thirty (30) days after the
Sheriff Sale) This schedule will state who will be receiving that money The
money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sherif[
within ten (10) days after the schedule of distribution is filed by the Sheriff
7 You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717)249-3166 or (800)990-9108
The Sheriff's phone number is (717)240-6390.
arl M. Uedeh hm, Esquire
Supreme Court ID #59012
PO Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plainl1ff
ALL THAT CERTAIN lot or piece of ground situate in the Village of
Bowmansdale, Upper Allen Township, Cumberland County, Pennsylvania,
bounded and described as follows
BEGINNING at a corner in the line of High Street Road and lot now or late of
Mrs. L. Gardner; thence by said lot, South 70 % degrees West, 150 feet; thence by
lands now or late ofF.P. Goodhart, North 25 degrees West, 40 feet; thence by lot
now or late of A. Stevens, North 70 % degrees East, 150 feet to High Street Road;
thence by said road, South 25 degrees East, 40 feet to the place of BEGINNING.
The distances in feet are understood to be more or less
HAVING THEREON ERECTED, a dwelling house known as 2524 South Market
Street.
BEING the same premises which John W. Barth and Suzanne F. Barth, husband
and wife, by their deed dated March 21,2001 and recorded in Cumberland
County Deed Book 241, page 709, granted and conveyed unto John W. Barth.
WRIT OF EXECUTION and/1lr ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5841 Civil
CIVIL ACTlON - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff(s)
From JOHN W. BARTH, 625-6 OLD QUAKER ROAD, LEWISBERRY PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 2524 S. MARKET ST., MECHANICSBURG PA 17055 (SEE LEGAL
DESCRIPTON) .
(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 ofthe 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $82,247.42
Interest from 11/18/04 @ $14.83 per diem
Atty's Comm %
Atty Paid $122.40
Plaintiff Paid
Date: DECEMBER 28, 2004
L.L. $.50
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
'~J J J1
By: \ fh.u. . ~ /J... {)jtJ 0
Deputy
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQ.
Address: POBOX 173
NEW CUMBERLAND PA 17070
Attorney for: PLAINTIFF
Telephone: (717) 938-6929
Supreme Court 1D No, 59012
Real Estate Sale #19
On February 15,2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 2524 South Market Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: February 15,2005
By:) uk 5-rni&
Real E~~te Deputy
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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 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth
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 allegatious of this statement as to the time, place and character of publication are true;
and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317,
COpy
SALE #19
d bef01~~his 25th da 0
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PUBLICATION
NO ARY PUBLIC
My commission expires June 6, 2006
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
218.56
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.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe 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 Curnberland Law
Journal on the following dates,
viz:
J\priI15,22,29,2005
J\ffiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, pia..." on 'char cter of publication are true.
SWORN TO AND SUBSCRIBED before me this
29 day of April
Al SEAL
LOIS E, SNYDER, Notary Public
CaJtisle Bolo, Cumbeltand County
My Commission Elcpires March 5. 2009
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REAL ESTATE SALE NO. 19
Wrtt No, 2004,5841 Civil
Members 1st Federal Credit Union
vs.
John W. Barth
Atty,: Karl M. Ledebohm
ALL THAT CERTAIN lot or piece
of ground situate in the Village of
Bowmansdale, Upper Allen Town-
ship. Cumberland County, Pennsyl-
vania, bounded and described as
follows:
BEGINNING at a corner in the
line of High Street Road and lot now
or late of Mrs. L. Gardner: thence
by said lot, South 70 3/4 degrees
West, 150 feet: thence by lands now
or late of F.P. Goodhart, North 25
degrees West, 40 feet; thence by
lot now or late of A. Stevens, North
70 3/4 degrees East, 150 feet to
High Street Road: thence by said
road. South 25 degrees East, 40 feet
to the place of BEGINNING. The
distances in feet are understood to
be more or less.
HAVING THEREON ERECTED,
a dwelling house known as 2524
South Market Street.
BEING the same premises which
John W. Barth and Suzanne F.
Barth. husband and wife, by their
deed dated March 21, 2001 and
recorded in Cumberland County
Deed Book 241, page 709, granted
and conveyed unto John W. Barth.