HomeMy WebLinkAbout13-2814 N
Supreme Cou rfbf Pennsylvania
COUP WQ[IlIYIOW For Prothonotary Use Only:
Civil Cover Sheet Docket No:
;Y.
C T AND
Co unty �-
3
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 12 Complaint El Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
MIDFIRST BANK DAVID C. BOARTS
T
Dollar Amount Requested: E]within arbitration limits
I Are money damages requested? 1 Yes No
O (check one) iaoutside arbitration limits
N Is this a Class Action Suit? 0 Yes U No Is this an MDJAppeal? ] Yes El No
A Name of Plaintiff/Appellant's Attorney: Leon P. Haller / Jill M. Wineka _
n Check here if you have no attorney (area Self - Represented [Pro Se] :Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment
Q Motor Vehicle Debt Collection: Other Board of Elections
Nuisance Dept, of Transportation
S Premises Liability El Statutory Appeal: Other
n Product Liability (does not include
mass tort) Employment Dispute:
E Discrimination
Slander/Libel/ Defamation
C. Other: Employment Dispute: Other Zoning Board
T . 0 Other:
I Other:
O MASS TORT
El Asbestos
N 1] Tobacco
E] Toxic Tort -DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Q Toxic Waste
® Other: El Ejectment E3 Common Law /Statutory Arbitration
B; 0 Eminent Domain/Condemnation Q Declaratory Judgment
0 Ground Rent Mandamus
E] Landlord/Tenant Dispute Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY n Mortgage Foreclosure: Commercial Quo Warranto
Dental Partition Replevin
Legal Quiet Title El Other:
Medical Other:
Other Professional:
Updated 11112011
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MIDFIRST BANK IN THE COURT OF COMMON PLEAS OF rn�
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CUMBERLAND COUNTY, PENNSYLVANIA = -"'{' 74 1
Plaintiff(s)
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vs. C`3 3. a ......
DAVID C. BOARTS AND THE SECRETARY. OF =JZ1
HOUSING AND URBAN DEVELOPMENT
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully sub
5/17/13
Date Leon P. Haller / Jill M. Wineka
Attorney for Plaintiff
Purcell, Krug and Haller
1719 North Front Street
PA A
6 /588001
MIDFIRST BANK IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
DAVID C. BOARTS AND THE SECRETARY
OF HOUSING AND URBAN DEVELOPMENT
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court - supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
CUST OMERIPRIMARY APPLICATIO
Borrower name (s):
Property Address:
City: State: Zip:
is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ❑ No ❑
Mailing Address (if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-B
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATI F INANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney:
Asset Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1 : Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3, Monthly Gross Monthly Net
Additional Income Description (not wages):
1. Monthly Amount:
2. Monthly Amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paving)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo /Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH
/We, authorize the above
named to use /refer this information to my lender / servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I /we
understand that I /we am /are under no obligation to use the services provided by the above
named
Borrower Signature Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
Leon P. Haller, Esquire 2� AM Purcell, Krug & Haller
1719 North Front Street CUMBERLAND COUNTY
Harrisburg, PA 17102 PENNSYLVANIA
717.234.4178
mtg @pkh.com O� 1 3 1 c&zn I '+Z<K
MIDFIRST BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
DAVID C. BOARTS AND THE SECRETARY OF ACTION OF MORTGAGE FORECLOSURE
HOUSING AND URBAN DEVELOPMENT
Defendants
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money
claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717 - 249 -3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. ST DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA
Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUTER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA,
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU
PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE
USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED
PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE
ABOGA.DOS), (215) 238 -6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717- 249 -3166
R# 4d 79- (
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION LAW
DAVID C. BOARTS THE SECRETARY OF ACTION OF MORTGAGE FORECLOSURE
HOUSING AND URBAN DEVELOPMENT,
Defendants
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in this
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty
(30) days after your receipt of this notice disputes the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is
valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon
written request by Debtor to the undersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address of the original creditor if
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234 -4178
Attorney I.D.# 15700
Attorney for Plaintiff
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
DAVID C. BOARTS AND THE SECRETARY OF ACTION OF MORTGAGE FORECLOSURE
HOUSING AND URBAN DEVELOPMENT,
Defendants
COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff is MIDFIRST BANK, a corporation, whose address is 999 N.W. GRAND BOULEVARD
OKLAHOMA CITY, OK 73118.
2. The Defendant, DAVID C. BOARTS, is an adult individual whose last known address is 5 LYNN
AVENUE, NEWBURG, PA 17240.
3. Defendant, THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT (hereinafter referred
to as HUD), is an instrumentality of the United States of America with an address of 451 SEVENTH
STREET, SW, WASHINGTON, DC 20410.
4. HUD holds a Mortgage against the below property pursuant to Mortgage dated December 12, 2002 and
recorded February 10, 2003 in Mortgage Book 1795, Page 2919 in the amount of $4,356.58. A copy of
said Mortgage is attached hereto as Exhibit "A ".
5. HUD holds a Mortgage against the below property pursuant to Mortgage dated March 20, 2006 and
recorded April 5, 2006 in Mortgage Book 1945, Page 4018 in the amount of $4,497.13. A copy of said
Mortgage is attached hereto as Exhibit "B ".
6. On or about, June 13, 2001, the Defendant executed and delivered a Mortgage Note in the sum of
$99,100.00 payable to COLUMBIA NATIONAL INCORPORATED, which Note is attached hereto and
marked Exhibit "C ".
7. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, the Defendant made, executed, and delivered to original Mortgagee, a
certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth on June 15, 2001 in Mortgage Book 1720, Page 210 conveying to original Mortgagee
the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. and was recorded on January 16, 2004 in the aforesaid County in
Book 705, Page 2379. On July 22, 2010, the Plaintiff and Mortgage Electronic Registration Systems,
Inc. as Nominee for the Plaintiff and the Defendant executed a Loan Modification Agreement changing
the amount of the Unpaid Principal Balance to $86,285.02, changing the monthly payment amount,
changing the Maturity Date and changing the Interest Rate to 5.125 %. The Loan Modification
Agreement was recorded September 16, 2010 as Instrument Number 201025935, The Mortgage was
subsequently assigned to MIDFIRST BANK and will be sent for recording, which Assignment is
attached hereto and marked Exhibit "D ". The said Mortgage, Assignment and Loan Modification
Agreement are incorporated herein by reference.
8. The land subject to the Mortgage is: 5 LYNN AVENUE, NEWBURG, PA 17240 and is more
particularly described in Exhibit "E" attached hereto.
9. The Defendant is the real owner of the property.
10. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on
November 01, 2012 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE $83,461.32
Interest at $11.72 per day $2,847.72
From 10 /01 /2012 To 06/01/2013
( based on contract rate of 5.1250 %)
Accumulated Late Charges $347.58
Good through 05/07/2013
Escrow Deficit $569.15
Corporate Advance $264.00
Suspense Credit ($602.43)
Attorney's Fee at 5% of Principal Balance $4,173.07
TOTAL $91,060.41
"Together Together with interest at the per diem rate noted above after June 01, 2013 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
11. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter
dated March 14, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the
March 14, 2012 Act 6 Notice is attached hereto and marked Exhibit "F ".
12. The within Mortgage is insured by the Federal Housing Administration under Title II of the National
Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983.
13. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in
any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. A
copy of the website report from the Department of Defense Manpower Data Center, confirming non -
active military duty is attached as Exhibit "G ".
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 5.1250% ($11.72 per diem), together with other charges
and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale
of the property within described.
By:
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
I.D. # 15700
Jill M. Wineka
I.D. #58802
Attorneys for Plaintiff
1719 N. Front Street
Harrisburg, PA 17102
(717- 234 -4178)
' ��4`1 .:�::."�I :. 71 EGLER 7' n • Zl GL6R
� RAE„
OF DEEDS
0 EDS
After Recording Return To: a ` +� LA t� D C 0 N 7 Y _
Columbia National, Inc. � L � O�H�Y -^ rCp
7142 Columbia Gateway Drive ry r L U 1 Q P�
Columbia, Maryland 21046 -2144 Q3 �I i J� Q� 1 1 33 QS
Attn: Loss Mitigation/ G. Masseaux
FHA Case No. 441- 5585557 -729
[Space Above This Line for Recording Data] CNI # 4330421
SUBORDINATE MORTGAGE
THIS SUBORDINATE MORTGAGE ( "Security Instrument") is given on December 12, 2002.
The Mortgagor is David C. Boarts ('Borrower ") whose address is 5 Lynne Avenue, Newburg,
PA 17240 This Security Instrument is given to the Secretary of Housing and Urban
Development, and whose address is 451 Seventh Street, SW, Washington, DC 20410 ( "Lender ").
Borrower owes Lender the principal sum of Four Thousand Three Hundred Fifty -six and 58/100
Dollars (U.S.) ($4,356.58). This debt is evidenced by Borrower's note dated the same date as this
Security Instrument ( "Note "), which provides for the full debt, if not paid earlier, due and payable
on July 1, 2031
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other
sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument;
and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and the Note. For this purpose, Borrower does hereby mortgage, warrant, grant and convey to the
Lender, with power of sale the following described property located in Cumberland County, PA.
SEE ATTACHED DESCRIPTION & RECITAL
which has the address of 5 Lynne Avenue, Newburg, PA 17240
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."
BORROWER COVENANTS that Borrower is lawfully seized 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 or 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.
- Page 1 of 3
BK 1795PG2919
� f
Borrower and Lender covenant agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal. Borrower shall pay when due the principal of the debt
evidenced by the Note.
2. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of
the time of payment of the sums secured by this Security Instrument granted by Lender to any
successor in interest of Borrower shall not operate to release the liability of the original Borrower
or Borrower's successor in interest. Lender shall not be required to_ commence proceeding against
any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right
or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
3. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The
covenants and agreements of this Security Instrument shall bind and benefit the successors and
assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several.
Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co-
signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may
agree to extend, modify, forbear or make any accommodations with regard to the term of this
Security Instrument or the Note without that Borrower's consent.
4. Notices. Any notice to Borrower provided for in this Security Instrument shall be
given by delivering it or by mailing it by first class mail unless applicable law requires use of
another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to: Department of Housing and Urban Development, Attention: Single Family Notes Branch,
451 Seventh Street, SW, Washington, DC 20410 or any address Lender designates by notice
to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been
given to Borrower or Lender when given as provided in this paragraph.
5. Governing Law; Severability. This Security Instrument shall be governed by
Federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
Page 2 of 3
+� 14 BK ! 795PG2920
6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this
Security Instrument.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
7. Acceleration; Remedies. If the Lender's interest in this Security Instrument is held by
the Secretary and the Secretary requires immediate payment in full under the Paragraph 4 of the
Subordinate Note, the Secretary may invoke the nonjudicial power of sale provided in the Single
Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et se g.) by requesting a
foreclosure commissioner designated under the Act to commence foreclosure and to sell the
Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of
any rights otherwise available to a Lender under this paragraph or applicable law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this
Security Instrument and in any rider(s) executed by Borrower and recorded with it-
es:
i Q
°�'`''` C./ (SEAL)
* * *Witne es * ** David C. Boarts Borrower
(SEAL) (SEAL)
Borrower N/A Borrower
[Space Below This Line for Acknowledgment]
State of PA, County/City ss:
I, a Notary Public of the County /City of )m IM
Stale; f , do hereby certify that ))"A
personally appeared before me this day and
due execution of the foregoing instrument.
4
A . `d and official seal this 1 3 day of 2013
} pExpires_:
Notary Public
NOTARIAL SEAL
This document was prepared under the supervision of a licensed attorney. DEBORAH WARREN, Notary Public
ShIppensburg, Cumberland County
My C r— ct Irss Nov. 8, 2005
Page 3 of 3
69 BKI795PG292I
ALL THE FOLLOWING described real estate lying and being situate in the
Borough of Newburg, Cumberland County, Pennsylvania, bounded and
limited as follows:
BEGINNING at an iron pin at corner of Lot 33 on the hereinafter
referred to plan of lots on the westerly edge of Lynn Avenue; thence
by said Lot 33, North 89 degrees West 53.48 feet to an iron pin;
thence by the same, North 67 degrees 25 minutes 2 seconds West 171.79
feet to an iron pin on the easterly right of way line of High Street;
thence with the easterly right of way line of High Street North 22
degrees 34 minutes 58 seconds East 88.56 feet (erroneously stated as
88.86 feet in prior deeds) to a concrete monument; thence by the same,
North 11 degrees 25 minutes 32 seconds Wiest 19.8 feet to an existing
post at corner of Lot 44; thence by said Lot 44 on said plan of lots,
South 61 degrees 30 minutes East 229.97 -feet to an iron pin on the
westerly edge of Lynn Avenue; thence th the westerly edge of Lynn
Avenue on a curve to the left having a radius of 175 feet, a length of
62.04 feet and a chord bearing of South 19 degrees 26 seconds West and
a chord length of 61.71 feet to an iron pin, the place of BEGINNING.
BEING designated as Lot 45 on plan of lots prepared by Carl D. Bert,
R.S., dated August 11, 1978, entitled "Land Subdivision for John L.
Rine and J. Gary Rine," recorded in Cumberland County, Pa., Plan Book
34, Page 75.
I Certify this to be recorded
Tn Cumberland County PA
?'
.. Recorder of Deeds
Bf 1795PG2922
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nEeo���I -�r cs
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F,LI;.. - r''1
When Recorded, Mail to: 2006 APR S HA 1013
Midland Mortgage Co
999 NW Grand Boulevard, Suite 100
Oklahoma City, OK 73118-6116
FHA Case Number: 441- 6585557729
SUBORDINATE MORTGAGE
THIS SUBORDINATE MORTGAGE ( "Security Instrument') is given on March 20, 2006_ The
mortgagors are DAVID C BOARTS "Borrower"). This Security Instrument is given to the Secretary of
Housing and Urban Development, which is organized and existing under the laws of the United States
of America, and whose address is 451 Seventh Street, SW, Washington, DC 20410 ( "Lender").
Borrower owes Lender the principal sum of Four Thousand Four Hundred Ninety Seven Dollars and
Thirteen Cents (US $4,497.13). This debt is evidenced by Borrower's note dated the same date as this
Security Instrument ( "Note "), which provides for the full debt, if not paid earlier, due and payable on July 1,
2031. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note,
and all renewals, extensions and modifications of the Note; (b) the payment of all other sums advanced to
protect the security of this Security Instrument; and (c) 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 Cumberland County,
Pennsylvania:
SEE ATTACHMENT
Being the same property conveyed to DAVID C BOARTS by Deed of Trust dated June 13, 2001 and
recorded in Deed Book 1723, Page 210 in Cumberland County, Pennsylvania.
Tax ID #24210390128
which has the address of: 5 LYNN AVE, NEWBURG, PA 17240 -9229 ( "Property Address ");
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 ".
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
props
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal. Borrower shalt pay when due the principal of the debt evidenced by the
Note.
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2. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of
payment of the sums secured by this Security Instrument granted by Lender to any successor in interest
i of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
i Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.
Any forbearance by Lender in exercising any right of remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
3. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants
and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender
and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-
! signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument
only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security
j Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any
accommodations with regard to the term of this Security Instrument or the note without that Borrower's
consent.
4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to: Department of Housing and Urban
Development, Attn: Single Family Notes Branch, 451 Seventh Street, SW, Washington, DC 20410
or any address Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this
paragraph.
5. Governing Law; Severabillty. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the property is located. 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. To this
end, the provisions of the Security Instrument and the Note are declared to be severable.
6. Borrower's Copy. Borrower shall be given one conformed copy of the Note of this Security
Instrument.
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NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
7. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument. 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 the Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in
foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default if 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
#50214268
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pursuing the remedies provided in this paragraph 7, including, but not limited to, attomeys' fees and costs
of title evidence to the extent permitted by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the
Secretary requires immediate payment in full under the paragraph 7 of the Subordinate Note, the
Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage
Foreclosure Act of 1994 ( "Act") (12 USC 3571 et se by requesting a foreclosure commissioner
designated under the Act to commence foreclosure and to sell the Property as provided in the Act.
Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to
Lender under this paragraph or- applicable law.
j 8. 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 without charge to Borrower. Borrower shall pay any
recordation costs.
9. Waivers. Borrower, to the extent permitted 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.
10. Reinstatement Period. Borrower's time to reinstate shall extend to one hour prior to the
commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
11. 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.
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#50214268
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any rider(s) executed by Borrower and recorded with it.
Witness #1 DAVID C BOARTS- Borrower
ess #1 (Printed)
Witness #2
' 4uga o - 1 &
Witness #2 (Printed)
COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss:
On this, the �)- day of ff b'mh , 20DU before me, the undersigned
officer, personally appeared DAVID C BOARTS, person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged that they /he /she executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and cial seal.
My Commission Expires: } —�—(��
HEALTH OF pENNSYLVAtNA Title of Officer
NOTARIAL SEAL
DESOMH WARREN, Notary P ub
Twp•, Cumberland COUM
misslon Explm Nov. 8, MWI
#50214268
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Certificate of Residence
I, , do hereby certify that the correct address of the
within -named mortgagee is 451 Seventh Street, SW, Washington, DC 20410.
Witness my hand this day of
Agent of Mortgagee
#50214268
ATTACHMENT
;:Al 2xr rULL.;WT_14 described real estate ?y-.nq and beinq 8ituatt in the
}` f'Ii,'i7SLi.Ci. I-YC3Li. deCl and
l imited as _ol s,
$ <..+.:7U. ci:. __U:i p1.:. ii CO-Mel. :`i_ s'. 33 o n the �ei ii3d�t?3
referred. tct plar of lows: on tte wester!- edge of Lynn Avenue; thence
by sa d Lot, .. North e9 degrees West 3 feet to an iron pin;
L�. [ 7: �'t::. • ,:- r., -:• ": �..F� -,! tiS':'�I• f:. c: i�..7 !F'.1'Y =1 ?.. �% �(�,:5- '��`_i :9��i:. �� -�7_.
feet t'v al T? rin or. the easter.l: right of way I ne cf High S[= act;
t�e:�` :,..."{: :: .,E'3' `'q`_$ �'i' .?.` ... :.� -).. `r.' :!• l iir t7, C .h?r .;tJR't'] 22
dE ree_3 .. ". :e`. i?: =t ^�+ +44.4' y :3 '.�J: :f :. ,C�•� - �� :. , 527 > atF,. as
t�s,`. :):t`' ei' ,.J 4r1., thence __t. _ _, r3 - c f loos,
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1LL�GlB�.� ':�RfGlNfiL
C. c.ru f y this to be recorded.
4i, Cumberl. ?nd County PA
der of Deeds
#50214268
04330421
ADJUSTABLE RATE NOTE FHA Case No.
Multistate 441 - 6585557 -729
June 13, 2001
[Datel
5 Lynn Avenue
Newburg, PA 17240
[Property Addressl
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
Columbia National Incorporated
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of Ninety Nine Thousand
One Hundred and 00 /100
Dollars (U. S. $ 99,100.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at a rateFAve and One -Half
percent ( 5.500 %) per year until the full amount of principal has been paid. The interest rate may change
in accordance with Paragraph 5(C) of this Note.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result
if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
August 1 , 2001 . Any principal and interest remaining on the first day 3fily 1
2031 , will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at P.O. Box 3050, Columbia, MD 21045 -6050
or at such other place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Initially, each monthly payment of principal and interest will be in the amount of U.S. $ 562.68
This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal,
interest and other items in the order described in the Security Instrument. This amount may change in accordance with
Paragraph 5(E) of this Note.
S. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Date
The interest rate may change on the first day of October 1 2002 and on that day of each
succeeding year. "Change Date" means each date on which the interest rate could change.
(B) The Index
Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly
average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal
Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as
FHA Multistate Adjustable Rate Note - 10/95
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defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in
Paragraph 7(13)). Lender will give Borrower notice of the new Index.
(C) Calculation of Interest Rate Changes
Before each Change Date, Lender will calculate anew interest rate by adding a margin of Two and One-Half
percentage point(s) ( 2.500 %) to the Current Index and
rounding the sum to the nearest one - eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of
this Note, this rounded amount will be the new interest rate until the next Change Date.
(D) Limits on Interest Rate Changes
The existing interest rate will never increase or decrease by more than one percentage point (1.0 %) on any single
Change Date. The interest rate will never be more than five percentage points (5.0 %) higher or lower than the initial interest
rate stated in Paragraph 2 of this Note.
(E) Calculation of Payment Change
If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and
interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate
through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be
owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to
principal. The result of this calculation will be the amount of the new monthly payment of principal and interest.
(F) Notice of Changes
Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must
be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the
Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index
and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other
information which may be required by law from time to time.
(G) Effective Date of Changes
A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the
Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at
least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall
have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this
Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment
amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the
decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a
timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest
thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that
any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any
excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is
made.
6. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
7. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of Four and No- Thousandths percent ( 4.000 %) of the overdue amount
of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
IQ -590 (9601) Page 2 of 3 Wtials:IE
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default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary"
means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
8. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid.
9. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
20. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, 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 person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal) (Seal)
David C Boarts - Borrower - Borrower
(Seat) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
-590 (8801) Page 3 of 3
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WITHOUlfff f y
PfflfykCW OF
0 IA 1 ATIONA NCO ORATE-or
BY:
C J
SHARON CH ce President
Prepared by and Return to:
Garnet Cook
MidFirst Bank
Attn: Documentation
2401 N.W. 23rd St., Suite A
Oklahoma City, OK 73107
Loan # 50214268
MIN No. 100025400003076271
MERS Phone: (888) 679 -6377
ASSIGNMENT OF MORTGAGE
FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., its successors and assigns, 1901 E.
Voorhees Street, Suite C, Danville, IL 61834, (hereinafter called the "Assignor"), does hereby grant, convey, assign,
transfer and set over to MidFirst Bank, A Federally Chartered Savings Association, 999 NW Grand Blvd., Suite
100 Oklahoma City, OK 73118, (hereinafter called the "Assignee "), its successors and assign's, all to the Assignor's
rights, title and interest in and to:
The Mortgage dated 6/13/2001, executed by David C Boarts, a married person, to Columbia National
Incorporated, recorded on 6/15/2001, in Book 1720, Page 210, modified on 7/22/2010, recorded on
9/16/2010, as Instrument No. 201025935, in the Office of the Recorder, Cumberland County, State of
Pennsylvania, and covers the following real property and all improvements:
Mortgage Amount: $99,100.00
Property Address: 5 Lynn Avenue, Newburg, Pennsylvania 17240
Parcel Number: 24210390128
Legal Description: See Attached for Legal Description.
In Witness Whereof, the undersigned corporation has caused this instrument to be executed day of April,
2013.
ATTEST:
Mortgage Electronic Registration Systems, Inc.,
its successors and assigns
2haniel Weir Vice President
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA
o -14N
On this, day of April, 2013, before me, a Notary Public, in and for said county, personally appeared Daniel
Weir, to me personally known, who being by me duly sworn did say that he is the Vice President of Mortgage
Electronic Registration Systems, Inc., its successors and assigns, and that the within instrument was signed on
behalf of said corporation by authority of its Board of Directors, and that they acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, executed for the uses and purposes set forth.
In testimon whereof, I have hereunto set my hand and official seal this W da of April, 2013.
1 d
Carol L. Harber Notary Public
My Commission Expires: 03/11/2014 a �sea�CAROL HARBEIa o
G am. Notary public @@e
.� State of Oklahoma a
Commiss # ---- -- --
ion Expires Q319919�;
I do hereby certify that the address of the assignee is: - - - - --- - -- -- - - - - -- -
MidFirst Bank, 999 NW Grand Blvd., Suite 100
Oklahoma City, OK 73 I8
Garnet Cook
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ALL THE FOLLOWING described real estate lying and being situate in the
Borough of Newburg, Cumberland County, Pennsylvania, bounded and
limited as follows:
BEGINNING at an iron pin at corner of Lot 33 on the hereinafter
referred to plan of lots on the westerly edge of Lynn Avenue; thence
by said Lot 33, North 89 degrees West 53.48 feet to an iron pin;
thence by the same, North 67 degrees 25 minutes 2 seconds West 171.79
feet to an iron pin on the easterly right of way line of High Street;
thence with the easterly right of way line of High Street North 22
degrees 34 minutes 58 seconds East 88.56 feet (erroneously stated as
88.86 feet in prior deeds) to a concrete monument; thence by the same,
North 11 degrees 25 minutes 32 seconds West 19.8 feet to an existing
post at corner of Lot 44; thence by said Lot 44 on said plan of lots,
South 61 degrees 30 minutes East 229.97 feet to an iron pin on the
westerly edge of Lynn Avenue; thence with the westerly edge of Lynn
Avenue on a curve to the left having a radius of 175 feet, a length of
62.04 feet and a chord bearing of South 19 degrees 26 seconds West and
a chord length of 61.71 feet to an iron pi the place of BEGINNING.
BEING designated as Lot 45 on plan of lots prepared by Carl D. Bert,
R.S., dated August 11, 1978, entitled "Land Subdivision for John L.
Rine and J. Gary Rine," recorded in Cumberland County, Pa., Plan Book
34, Page 75.
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MOEAA407A1)OE I >OB1Ploli
Midland Mortgage A Division of MidFirst Bank
P.O. Box 26648 • Oklahoma City, OK 73126 • 800.S52.3000
03/14/12
7�s
»
MDERR441 R 170 E 170 a 1 P 1 of 2
DAVID C BOARTS
5 LYNN AVE W „
NEWBURG PA 17240.9229
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
UNDER SECTION 403 OF PENNSYLVANIA ACT NO.6 OF 1974
RE: 5 LYNN AVE
NEWBURG PA 17240 -9229
Loan Number 0050214268
Dear Mortgagor:
MidFirst Bank is the holder of a Mortgage and a Note on the above premises, or is the mortgage - servicing
agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because
of non - payment of the following:
payments, late charges, and advances from 11/01/11 through 03/01/12
The total amount now required to cure the default (or in other words, to get caught up on your payments)
is $3,845.76.
All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to
Midland Mortgage and must be received at the expedited payment processing address on your coupon
book not later than the dates and times specified herein.
In the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30)
DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other
lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING.
(A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay
the TOTAL AMOUNT DUE stated above, plus an additional monthly Installment if payment is made
after the 1st day of the next month, plus an additional late charge if due at time of payment and not
included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen
(15) days after the due date. Your current monthly installment is $727.42.
(B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE
FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include
the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE
OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting
Midland Mortgage at 1- 800 -552 -3000, extension 1799.
If you have received a bankruptcy discharge of the debt secured by the Mortgage /Deed of Trust or you are currently in bankruptcy
under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cured to
avoid foreclosure. If your loan was in default at the time MidFirst Bank acquired the servicing of your loan and you have not filed
bankruptcy or received a discharge of the debt secured by the Mortgage /Deed of Trust, we are required to advise you that this
communication Is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose.
a
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MOERPdlR 170E I)001t'ta] '
idl
and Mortgage A Division of MidFirst Bank
P.O. Box 26648 • Oklahoma City, OK 73126 • SOO.S52.3000
AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the
foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time (which shall include all delinquent installments and
unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and
other sums related to the foreclosure action, and which amount can be obtained by contacting Midland ®■
Mortgage at 1- 800 - 552 - 3000).
Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT 0091
SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE
of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged
premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN
POSSESSION of the real estate.
You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE
PROPERTY to another person, under and subject to the existing mortgage. That person will have the
SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements.
You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be
in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your
behalf.
It is important that you call our office as soon as possible to discuss the options available to you. Our Loan
Counselors may be reached toll -free at 1- 800 -552 -3000, Monday through Friday, 8:00 a.m. to 9:00 p.m.
(Central Time).
Sincerely,
Delinquency Assistance Center
Midland Mortgage
Loan Number 0050214268
'If you have received a bankruptcy discharge of the debt secured by the MortgagelDeed of Trust or you are currently in bankruptcy
under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cured to
avoid foreclosure. If your loan was in default at the time MidFirst Bank acquired the servicing of your loan and you have not filed
bankruptcy or received a discharge of the debt secured by the Mortgage /Deed of Trust, we are required to advise you that this
communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose.
Department of Defense Manpower Data Center Results as Of: Apr- 22.201308:34:40
SCRA 3.0
Purmanf. to Seneicemombem Civil Relief Att, .
Last Name: BOARTS
First Name: DAVID
Middle Name: C
Active Duty Status As Of: Apr -22 -2013
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Upon searching the data banks of the Department of Defense Manpower'DaiaCefiti3r. based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and
Coast Guard). This status Includes information on a Servicernember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M. Snavey- Dixon, Director
Department of Defense - Manpower Data Center
4600 Mark Center Drive, Suite 04E25
Arlington, VA 22350 �
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COMPANY NAME: MIDFIRST BANK
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct upon my
personal knowledge and upon information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated
B
Melanie Carte
Title senior Foreclosure Litigation specialist
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
"]LED
Ronny RAnderson r ,
Sheriff iOIIONQA
Jody S Smith �ar�(�Gc*��i
Chief Deputy , K
F° 0 1 3 A Y 3 I A 10: 10
Richard W Stewart �.s` CUMBERLAND COUNTY
Solicitor FS-t^�„3OFTHL,14t RIFa PENNSYLVANIA
Midfirst Bank
Case Number
vs.
David C. Boarts(et al.) 2013-2814
SHERIFF'S RETURN OF SERVICE
05/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: The Secretary of Housing and Urban Development, but was
unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of
Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program
and Complaint in Mortgage Foreclosure according to law.
05/23/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez,who accepted for
The Secretary of Housing and Urban Development, at US Attorney's Office, 228 Walnut Street,
Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within
record.
05/24/2013 07:35 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Alicia Boarts, Occupant,who accepted as"Adult
Person in Charge"for David C. Boarts at 5 Lynn Avenue, Newburg Borou wburg, PA 17240.
,14eY 7 -
WILLIAM CLINE, DEPUTY
05/24/2013 07:35 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Alicia Boarts, Occupant, who accepted as"Adult
Person in Charge"for Occupant at 5 Lynn Avenue, Newburg Borough, Newburg, PA 17240.
IAM CLINE, DEPUTY
SHERIFF COST: $85.60 SO ANSWERS,
May 29, 2013 RbNrrY R ANDERSON, SHERIFF
(c)CountySuilo Sheriff,Teleosoft,Inc.
ci
: :tl
Shelley Ruhl Jack Duignan
Real Estate Deputy Chief Deputy
Matthew L. Owens Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania MIDFIRST BANK
VS
County of Dauphin THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
Sheriff s Return
No. 2013-T-1587
OTHER COUNTY NO. 2013-2814
And now: MAY 23, 2013 at 3:25:00 PM served the within COMPLAINT IN MORTGAGE
FORECLOSURE upon THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT by
personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN
MORTGAGE FORECLOSURE and making known to him/her the contents thereof at US
ATTORNEY'S OFFICE, 228 WALNUT STREET HARRISBURG PA 17108
ADMINISTRATIVE ASSISTANT
Sworn and subscribed to So Answers,
before me this 24TH day of May, 2013 CAI(—
j Sheriff Dauphin County, Pa.
x By VA.0
COMMONWEALTH OF PENNSYLVANIA Deputy/Sheriff
NOTARIAL SEAL Deputy: JESSICA KARL
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriffs Costs: $41.25 5/22/2013
My Commission Expires Au ust 17,2014
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Leon P. Haller �C7 3C1' CD -n
Purcell, Krug & Haller n
P
1719 N. Front Street Y C " mot
Harrisburg, PA 17102-2392
(717) 234-4178
lhaller@pkh.com
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
vs. No. 13-2814 Civil
DAVID C. BOARTS AND THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT,
Defendants IN MORTGAGE FORECLOSURE
P R A E C I P E
TO THE PROTHONOTARY:
Please mark the above action settled and discontinued, without prejudice.
PURCELL, KRUG & E
By
Leon P.Haller ID #15700
Attorney for Plaintiff
Date: September 18, 2013