HomeMy WebLinkAbout02-2683THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Thomas J. Coleman, III, Esquire
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP MORGAN CHASE BANK, as Trustee for
Equity One, ABS, Inc., Mortgage Pass Through
Certificates, Series 2001-1
400 Lippincott Drive
Marlton, NJ 08053
Plaintiff
VS.
ARTHUR HIEBER
1712 Chatham Road
Camp Hill, PA 17011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TRIAL DIVISION
No.: 02 -aLR l lt??l? L_" l
CIVIL ACTION
MORTGAGE FORECLOSURE
Defendant(s)
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or
800-990-9108
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NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
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This communication is from a debt collector. This is an attempt to collect a debt and
any information obtained will be used for that purpose.
2.Unless you dispute the validity of this debt, or any portion thereof, within 30 days after
receipt of this notice, the debt will be assumed to be valid by our offices.
3. If you notify our offices in writing within 30 days of receipt of this notice that the debt,
or any portion thereof, is disputed, our offices will provide you with verification of the
debt or copy of the Judgment against you, and a copy of such verification or judgement
will be mailed to you by our offices.
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Thomas J. Coleman, III, Esquire
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP MORGAN CHASE BANK, as Trustee for
Equity One, ABS, Inc. Mortgage Pass-Through
Certificates, Series 2000-1
400 Lippincott Drive
Marlton, NJ 08053
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TRIAL DIVISION
VS.
ARTHUR HIEBER
1712 Chatham Road
Camp Hill, PA 17011
Defendant(s)
No.: 02 - o2I. Z3 l." u.tcc-
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, JP Morgan Chase Bank, as Trustee for Equity One, ABS, Inc. Mortgage Pass-
Through, Certificates Series 2000-1, is a mortgage company, having an office and place of
business at 400 Lippincott Drive, Marlton, New Jersey 08053.
2. Defendant, Arthur Hieber is the real owner of the premises hereinafter described.
3. The residence of the Defendant is 1712 Chatham Road, Camp Hill, PA 17011.
4. On August 21, 2001, Defendant, Arthur Hieber, executed and delivered to Equity One,
Inc. a note (the "Note") and mortgage (the "Mortgage"), a true and correct copy of the Note and
Mortgage are attached as Exhibit "A". The Mortgage was recorded on August 28, 2001 in the
Department of Records in and for the County of Cumberland under Mortgage Book 1731 Page
3933.
5. The said Note and Mortgage were in the principal amount of $112,500.00, with an
interest rate of 10.75% thereon, payable as to the principal and interest with monthly
installments of $1,050.17 commencing October 1, 2001. Said Note and Mortgage are
incorporated herein by reference.
6. The Mortgage covers the following real estate (the "Mortgaged Premises"):
1712 Chatham Road, Camp Hill, PA 17011.
7. The mortgage is in default because payments of principal and interest due October 1,
2001, and monthly thereafter are due and have not been paid, whereby the whole balance of
principal and all interest due thereon have become due and payable forthwith together with late
charges, escrow deficit (if any) and costs of collection including title search fees and reasonable
attorney's fees.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal
$112,500.00
Accrued but Unpaid Interest from 09/01/01 through 5/20/02 @ 10.75%
per annum ($33.13 per diem) $ 8,646.93
Title Search Fees $ 150.00
Reasonable Attorney's Fees $ 5,625.00
Late Charges on Overdue Amount from 10/01/01 through 05/20/02 @ $52.51
Per Month $ 420.08
TOTAL as of 5/20/2002 $127,342.01
Plus, the following amounts accrued after 5/20/2002:
Interest at the Rate of 10.75% per annum ($33.13 per diem);
Late Charges of $52.51 per month
9. Plaintiff has complied fully with Act No. 91 (35 P.S.§1680.401(c) of the 1983 Session
of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 1712 Chatham Road, Camp Hill, PA 17011, on December 14, 2001, the notice
pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and
correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof.
WHEREFORE, Plaintiff demands judgment against the Defendants for
foreclosure and sale of the mortgaged premises in the amount due as set forth in paragraph 8,
namely, $127,342.01, plus the following amounts accruing after 5/20/2002, to the date of
judgment: (a) interest of $33.13 per day; (b) late charges of $52.51 per month; plus interest at the
legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any)
hereafter incurred, and costs of suit.
LAW OFFICE OF MICHAEL J. MILSTEAD, L.L.C.
Thomas J oleman, III, Esquire
Attorney for Plaintiff
?uvc"?f'LI IQ;CQ
f L/ L
VERMCATiON
The undersigned, Timothy A. Tracy hereby certifies he/she is the
Default Specialist of the Plaintiff in the within action,
Complaint and that he/she is authorized to make this
verification and that the foregoing facts are true and correct to the best of her knowledge,
information and belief and further states that Use statements herein are made subject to the
penalties of 18 PA.C.S. 4904 relating to unswom falsification to authorities.
/N e ?,
C Trp-r TPtmCOPY
Prepared By: Rr turn To:
Michelle Pierce Eiuity One. Inc.. dba
Pipular Financial Services
410 Lippincott Drive.
M.trltor.. NJ 08053
Parcel Number:
-[Space Above lhij Line For S1".ard)ng Datal
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are 9eEned below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regardicg, he usege of words used in this document arc
also provided in Section 15.
(A) "Security Instrument" means this document, which is dated August 21, 2001
together with all Riders to this document.
(B) "Borrower" is ARTHUR HIEBER
a
Borrower is the mortgagor undo this Security Instrument.
(c) "Under" is Equity One. Inc.. dba Pop I E r Financial Services
Lender is a
0 L7422 r
PENNSYLVANIA - Single rani fly ? Fanr le Mal /Freddie 13: c UNIF 1RM INS 1 RUMENT Form 3039 1101
(M -6(PA) Nodal
PWe 1 0114 MWBa40
WP 1 •Jblc: [Yf I IIII II IIII III II?L? IIII I IIII
P MDPTG/6E FORMS - IBU 1162 1-0291
organized and existing under the laws of Pennsylvania
Lender'saddressis 40C Lippincott Drive, Marlton, NJ 08053
Lender is the nwrtgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrow,r End dated August 21. 2001
nc Note states that Borrower owes Lender OnEi [tundra Twe I ve Thousand Five Hundred
and no/100 Dollars
(U.S. $112,500. 00 ) plus interest. B)rrowe- has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later utar' $E ptember 1. 2016
(E) "Property" means the property that is described belaw under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Nt,t, plus mNrest, any prepayment charges and late charges
due under the Note, and •ill sums due under Liis 5.-curiiy lattmment, plus interest. -
(G) "Riders" means all Riders to this Security Irs:runuat fiat are executed by Borrower. The following
Riders are to be executed by Borrower [check ow. as app:icable]:
Q Adjustable Rate Rider Cendaminiurc R.der ? Sccond Home Rider
® Balloon Rider Planned Unit Dcvelolimmt Rider ? 1-4 Family Rider
VA Rider Q Biweekly Payrne it Rider ? Other(s) [specify]
(M "Applicable Law" means all cbnunlicg applicale federal, state and local statutes, regulations,
ordinances and administrative rules and orders rl,at hav i the effect of law) w well as all applicable final,
non-appealable judicial opinions.
(n "Community Association Dues, Fees, and Assessr,enis" means all dues, fees, assessments and other
charges that are imposed on Borrower- or flee Property by a condominium association„ homeowners
association or similar organization.
(.1) "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, Nstmet, or authorize a ftuancial institution to debit
or credit an account. Such tern includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(I) "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) condenmation 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.
(" "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Load.
(N) "Periodic Payment" means the regularly scheduled unount due for (i) principal and interest under the
Note, plus (it) any amounts under Section 3 of this Security Instrument. _
00274227
m nw:
®61PAl mooed reaea of 6 Form 3039 1/01,
(O) "RESPA" means the Real Estate Settlement 7rocedu:es Art (12 U.S.C. Section 2601 at seq.) and its
implenunting regulation, Regulatim X (24 C.F.R. Part 3590), as they might be amended from time to
time, or any additional or successor legislation or regulati to that govens Pte same subject matter. As used
in this Security Instrument, "RESPA" refers to all icoulrc nests and restrictions that are imposed in regard
to a "federally related mortgage Ican" even if the.'_oan coca not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any parr that has taken title to the Property, whether or
not that party has assumed Borrower's obligsGoris under tl a Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures le Lender: ii) tb repaya en, of the Loan, and all renewals, extensions and
modifications of the Note; and (h) the performance of 2.anrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borriwsr does hereby mortgage, grant and convey to
Lender the following d%cribed property located in -.he COUNTY rryK of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
DESCRIBED ON THE TAX MAP AS THE TO'WNSHIi f]F LOWER ALLEN ATTACHED LEGAL
DESCRIPTION
which currently has the address of
1712 CHATHAM ROAD Isaeet]
CAMP HILL icay], Pennsylvania 17011 [zip Cade)
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereatcr a part of the property. All replacements and
additions shall also be covered by this Security Instrur.tent. All of the foregoing is referred to in this
Security Instrument as the "Property." -
(M-61PA) Iowa, -
06)742,7
K1. 3.1
"m.u:/W
Form 3039 1/01 ;
EX41BIl A
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWVSHIP OF LOWER ALLEN IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVAIIIA, BEING MORE FULLY DESCRIBED IN A FEE
SIMPLE DEED DATED 02/25/2000 AND RECORDED 03/:)1/2000, AMONG THE LAND RECORDS OF THE
COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 240 PAGE 163.
TAX PARCEL ID: 13-23-0547-038
ADDRESS: 1712 CHATHAM ROAD
CAMP HILL, PA 17011
44
j,.
4 4
BORROWER COVENANTS that Borrower is lawn illy seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property 1..d that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will do end generally the title to the Property against all
claims and demands, sub'ect to any encumbrances if recc.d. -
THIS SECURITY INSTRUMENT combines unitrm covenants for national use and non-uniform
covenants with limited variations by jurisdiction fo constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lander 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 intuee; on, the debt evidenced by the Note and any
prepayment charges aid late charges due under tl_e Note. Borrower shall also pay funds for Escrow items
pursuant to Section 3. Payments due under the tote i, i ai, Security Instrument shall be made in U.S.
currency. However, if ai;y check or other instrwn:-r,: rec,:ived by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Leader may require that my or all subsequent payments
due under the Note and this Security . Instruntert be n z'c. in are or more of the following forms, at
selected by lender. (a), cash; (o) money order (c) carnfied check, bank check, treasurer's check or
cashier's check, provided any sech check is divas upce an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Eiectron;c Funds Tr.nsfer.
Payments we deemed received by Lender. w'ten re ei, ad at the location designated in the Note or at
such other location as may be designated by Untie!: in a,:.:o.dance with the notice provisions in Section 15.
Lender may remm any payment or partial payment if tl:e )aymen; or partial payments are insufficient to
bring the lean current. Lender may accept any prymerr o_ partial payment insufficient to bring the Loan
current, without waiver ?f any rights hereunder or prejoaic° to its rights to refuse such payment or partial
payments in the future, out Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of it s^heduled due date, than Lender need not pay
interest on unapplied funds. Lender may hold such unap;lic.7 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 cnlirve Borrower from making payments due under
the Note and this Security Instrument or perl'onning the X,enants 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 mduce 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 payrimt may be applied to the delinquent payment and
the late charge.. If more than one Periodic Payment is outstanding, Lender tray apply any payment received
from Borrower to the repayment of the Periodic Paymens if, and to the extent that, each payment can be
00274227
e ma.:
-6(PAl iaooe) ew•<drs Form 3039 1/05
paid in foil. To the extent that any excess exists alter th, pryment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to my 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, ur Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or ch:mge the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pap to Lender on the day Periodic Payments arc due
under the Note, until the Note is paid in full, a sum (thc "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 Len(I?:r 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 ( I the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be :screwed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower sf.al! pnnmtly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Louder ne Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for soy or a•1 Escrow Items Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrov gems at cay time. Any such waiver may only be
in writing. In the event of such waiver, Borrows: shall riy directly, when and where payable, the amounts
due for any Escrow Items for which payment cf Funds Ins been waived by Lender and, if lender requires,
shall furnish to Lender receipts evidencing suci: payment v itltin such time period as Lender may require.
Borrower's obligation to make such payments and to provde receipts shall for all purposes be deemed to
be a covenant and agreement contained in this S?chrity hnstrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay ?scrow 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 ar.d Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or a I 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'.
Lender rosy, at any time, collect and hold Ponds it ar, amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, 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 expenditores of future Escrow '(eras or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution wl: )se deposits are insured by. a federal agency,
instrumentality, or entity (including Lender, if Lender i; at institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall appl die F in ; to pay the Escrow Items no later than the time
specified under RESPA Leader shall not charge Borrove? for holding and applying the Funds, annually
analyzing the escrow account, or verifying the E:..crow gems, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to in.ke sucl. a elmrge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Fends, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and L antler can agree in writing, however, that interest
00274227
(Mb ® 61PA) Io0091 wye s ai . 6 Form 3039 1/01
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 excess finds in accordance with RESPf . If there is a shortage of Foods held in escrow,
as defined under RESPA, Lender shall notify Berrower a.; required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shorts gc in accordance wish RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held n escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower s'.all pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no n:. ire than 12 monthly payments.
Upon payment in full of all sums secured by this S. cu, ity ID;hnment, Lender shall promptly refund
to Borrower any Fonds held by Lender.
4. Charges; Liens. Borrower shall nay al'. tase:, assessments, charges, fines, and impositions
attributable to the Propeny which can attain pri,:rhiy ove this Se-mty Instrument, leasehold payments or
ground. rents on the Property, if any, and Comnn:mty As:acration Dues, Fees, and Assessments, if any. To
the extent that these items are Fzcmw Items, Bocnwer shall nay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which ha, priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of he ob getion secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing s ;cb agremitait; (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 p: eceednlg:: are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien it agreement satisfactory to Lender subordinating
the lien to this Security Instrnmert. If Lender deR ranter. L' :.at any part of the Property is subject to a lien
which can attain priority over this Securhy Instmrent, 1 a:nner may give Borrower a notice identifying the
lien. Within 10 days of the time on which afar noti:e is gi+cn, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Suction t.
Lender may require Burrower to pay a one.-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this V.orn.
5. Property Insurance. BorrowerAiall keep the brpr vements 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 limiter to, earthquakes mil floods, for which Lender requires insurance.
This insurance shall be maintained in the amouas (incl iding deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Lean. The insurance carrier providing the insurance sh,.ll be chosen by Borrower subject to Lender's
right to disapprove Borower's choice, which right sLsll not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loa h, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b; a one-time charge for flood zone determination'
and certification services and. subsequent charges each r:mu 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 abjection by Borrower. „
00274227 t'
_ INllrl":
-BIPwI toooel cop" s-N q Form 3039 1101
.
If Borrower fails tc. maintain any of the ieaernge described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's ;,arose. Leander is under no obligation to purchase any
particular type or amount of coverage. Therefore, such _ i Trage shall cover Lender, but might or might
not protect Borrower, Borrower's equin, in the Properly. or the contents of the Property, against any risk,
hazard or liability and it ight provide greater ur Lasser i /v_rage that was previously in effect. Borrower
acknowledges that the asst of the insurance coverage st obtained night significantly exceed the cost of
insurance that Borrower mould have obtained. Any anrou is disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Secu-ity 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 rene;va.s of such policies shall be subject to Lender's
right to disappmve such policies, shall include a standsrd mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender sh ell have the right to hold the policies and renewal
certificate:. 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 po;ic% shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an aeditional lass 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 nos 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 +essened. During such repair ane 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, prgvlded 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 - i agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall dot be required to pay Borrower any
interest or earnings on such proceeds. Fees for publ a adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance I;.roceecs imd shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or -..ender's security would be lessened, the insurance
proceeds shall be applied to the sums secured 'uy this Security instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance prr ce. ds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lendtr may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not responI within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lancer may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby = gns to Lender (a) Borrowers rights to any insurance
proceeds in an amount not to exceed the amovid,. unpaid under the Note or this Security Instructions, and
(b) any other of Borrower's rights (other than the right ro 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 rite insurance proceeds either to repair or restore the Property or
to pay amounts unpaid ender the Note or this Security Icsn-ument, whether or not then due.
092742N
(M-91PA) ?cooet ,•.u.). 6
wfl h A9
Form 3039..1/01
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Sec trity Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least of a year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not 've unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control
7. Preservation, Maintenance and Prorection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Properly 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 testoralion is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid ti.rtber deterioration o. damage. If insurance or
condemnation proceeds are paid in connection with danflge 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 a ad restoration in a single payment or in a series of
progress payments as the work is completed. If the imu-ance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is aot reliev A of Borrower's obligation for the completion of
such repair or mnomtior-
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 imnravements on the Property. Lender shall give
Borrower notice at the time of or prior to such as intcrio: inspection specifying such reasonable cause.
8. Borrower'. Loan Application. Borrower shat be in default if, during the Loan application
process, Borrower or tiny persons or entities using ?',,,. t: a direction of Borrower or with Borrower's
knowledge or consent give materially false, misleading, or inaccurate infcernation 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 Borrowers occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. If
(a) Borrower fails to per'orm the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that night signifuntly al'i:ct Let tier's interest in the Property and/or rights under
this Security Instrument (such as a proceeding io pankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain'prorir;! over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned fire Prope ty then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest ir. the Property and rights under this Security
Instrument, including protecting and/or assessang the value of the Property, and severing and/or repairing -
the Property. Lender's Pctions can include, bm ate not imited to: (a) paying any sums secured by a lien,
which has priority over this Security Instrument; (b) acpearing 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 procceding. Secur'of 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 S vxion 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lerder incurs no liability for not taking any or all
actions authorized under this Section 9.
002742'7
d11Ye:?_
®®6IPAt roost v,?.e of 3 Form 3039 1/01'
Any amounts disb=ed by Lender eider tlrs Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts sha 1 bear interest at the Note rate from the date of
disbursement and shall t•e payable, with such inl,;rest, pan notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasc:iold, Borr ws shall comply with all the provsions of the
lease. If Borrower ncidies fee tide to the Pm:3 r!y, the 'easehold and the fee title shall not merge unless
Lender agrees to the merger in writing.'
10. Mortgage Insurance. If Lender regniral Mart; ag_ Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain th.- Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage requited by Lender cer.:e5 to be available from the mortgage insurer that
previously provided such insurance and Borrower was enaired 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 hhso m-e previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mori„age 1 isurance 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 maml of the separately designated payments that
were due when Lie insdranoe coverage. ceased to be it effect. Lender will accept, use and retain these
payments as a non-refuidable loss reserve in h.u of :Wrtgage Insurance. Such loss reserve shall be
non-refundable, notwahstanding the fact that the ',am i ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on soh loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in t:: amount and for the period that Lender requires)
provided. by an insurer selected by Lender agar beccmes available, is obtained, and Lrnder requires
separately designated payments toward the premiums for 46stgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to mate separately designated
payments toward the premiums for Mortgage hisuranc e, 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 termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest a. the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for chain losses it
may incur if Borrower does not repay the Loan as ri;reed. 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 drat share or nhcdify 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 be mcrtgage insurer to make payments using any source
of funds that the mortgage insurer may have a,::a ahle ( vhich 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 aa) a portion of Borrower's payments for Mortgage Insurance, is
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 in the insurer, the arrangement is cften termed "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 thx Loan, Such agreements will not Increase the amount
Borrower will owe for Mortgage Insurance, mal they All not entitle Borrower to any refund.
0(1274227
't
CD -G(PA) roocai ;•w am 6 Form 3039 110
(b) Any such agreements will not affect the right; Borrower has - if any - with respect to the
Mortgage Insurance ender the Homeowners Proteetiol Act of 1998 of any other law. These rights
may include the right to receive certain disclosures t ) request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Inset ance erninated automatically, and/or to receive a
refund of. any Mortgage Insu ante premiums thrt wei. unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds.. Fort tit.,re. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Linder.
If the Property is damaged, such Miscellaneous Pro,:eeds shall be applied to restoration or repair of
the Property, if the restoration or repair is econoinicllly feasible and Leader's security is not lessened.
During such repair and restoration period, Lender small hc,e the right to bold such Miscellaneous Proceeds
until lender. has had an opportunity to inspect such Prop cry to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall ;re 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 w 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 even, of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by eiis 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 n value of the Property in which the fair market
value of the Property immediately before the partial l.M?ng, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Se;:urity Instrument immediately, before the partial
taking, destruction, or loss in value, unless Borrower aqd 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 tote mot nt of the sums secured immediately before the
partial taking, destruction, or loss in value divided sy (b) the fair market value of the Property
immediately before the partial taking, destruction, it loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss it value of the Property in which the fair market
value of, the Property immediately before the pailial ink'ng., destruction, or loss in value is less than the
amount of the sums seci imd immediately before the pal:ied taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sours
secured by this Security Instrument whether or not ;he subs are ther. due.
If the Property is abandoned by Borrower, or it. after notice by lender to Borrower that the
Opposing Party (as defined in the next sentence) offers o make an award to settle a claim for damages,
Borrower fails U respond to Lender within 30 dal-; after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceetfi ither a restoration or repair of the Property or to the
sums secured by this Saccriry Instmmera, whether w not lea due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party a, Lint whom Borrower has a right of action in
regard to Miscellaneous Proceeds. -
Borrower shall be in default if any action or precee lit,;, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of she Po perty or other material impairment of Lender's
interest in the Property or rights under this Secrr'r; lnst urent. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided jr, Sectil it 19, by causing the action or proceeding to be
002742,7
IN+4Y: .
-61PA11ooo81 rear 10.113 Form 3030 1101
dismissed with a ruling that, in Lender's judgmear, prmladrz forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights antler this Security Insimment. 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 Froceeds that are not applied it, restoration or repair of the Property shall be
applied in the order provided for in Section 2. -
12. Borrower Not .Released; Forbearmrce By Lender Not a Waiver. Extension of the time for
payment or modific tioa c f amortization of the sums seem :d by this Security Instrument granted by Lender
to Borrower or any Successorin Interest of Boropcr she. l rent operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lendri, shall rut be required to commence proceedings against
any Successor in Interesi of Borrower or to ml se u) extend time for payment or otherwise modify
amortization of the sums secured by this Security lnstrume it by reason of any demand made by the original
Borrower or any Successors in Interest of Borrowei. Any for oearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptar ae of payments from third persons. entities or
Successors in Interest of Borrower or in amounts leas than. f i amount then due, shall not be a waiver of or
preclude the exercise of arty right or remedy.
13. Joint and Several Liability; Co-signer: Sues. ssors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall 1:= joint and several. However, any Borrower who
co-signs this Security Inetrumem but does not execute :ht Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey he co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not persor-ally oaigated 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 terras of .rig Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 1E, any Si c_ssor 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 end benefits under this Security In..trument. Borrower shall not be released from
Borrower's obligations ard liability under this Security I stcument 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 leneer.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lende- s interest in the Property and rights under this
Security Instrument, including, but not limited to, attorr: ys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express author,ty :n this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition or the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Inmunr:m or by Applicable Law.
If the Loan is subject to a law which sets inaxunum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be co: ected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall b:: reduced by the amount necessary to reduce the
charge to the permitted limit and (b) any sums sit eady c )11?cted from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choore 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 wiu:out any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Bo7rcwer's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of ar y right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
41274221
-6(PA) iooom >,e n ai a Farm 3039 1101
have been given to Borrower when mailed by Ent ciiss mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to ;:ry one ;orrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. Tha notice address shall be the Property Address
unless Borrower has designated a substitute nonce address by notice to Lender. Borrower shall promptly
notify Lender of Botrower's change of address. If Lende sl,ecifies a procedure for reporting Borrower's
change of address, then Borrower shall only mror.. a ehn tge. of address through that specified procedure.
There may be oily one cesignated notice address under this Security Instrument at any one time. Any
notice to Lender shall be• given by delivering it or by n riling it by first class mail to Lender's address
stated herein unless Lender has designated another ac drrss by notice to Borrower. Any notice in
connection with this Security Instrument shail not be dee nej to have been given to Lender until actually
received by Lender. If any notice required by this Secur,;y Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the 'co responding requirement. under this Security
Instrument _
16. Governing Law; Severability, Rules of Cc kslfuction. This Security Instrument shall be
governed by federal law and Lie law of the juuisd)ction n which the Property is located. All rights and
obligations contained in this Security Instrument are :,Juicer to any requirements and limitations or
Applicable Law. Applicable Law might explicitly or imp lcidy allow the parties to agree by contract or it
might be silent, but such silence shed not be consimed a. a prohibition against agreement by contract. In
the event that any provision or clause of this Security li.strument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of th s Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words m 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 :opy 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 irterest 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 tibe by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in tie Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior
written consent, Lender may require immediate payme?d in full of all sums secured by this Security
Instrument. However, this option shall not be ;:xercistd by Lender if such exemise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Itorrower notice of acceleration. The notice shall.
provide a period of not less than 30 days from the date tae notice is given in accordance with Section 15
within which Borrower must pay all sums termed by tl.is Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lem''.er may invoke any remedies permitted by this
Security Instrument without further notice or dematd on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of 0 is Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Pr,perty pursuant to any power of sale contained in
this Security Instrument;' (b) such other period a; Aprilcable Law might specify for the termination of
Borrower's right to. reir;state; or (c) entry . of a judgr rew enforcing this Security Instrument. Those
conditions are that Bonpwer. (a) pays Lender ail sums; which then would be due under this Security
Instrument and the Note is if no acceleration had cccurm 1; (b) cures any default of any other covenants or
00'2'42:1
®6(PA) iaoom va. 12 0 1 Form, 3039 1101
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inepecGou and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property mud rights under this Security Instrimarrit; and (it)
takes such action as Lender may reasonably require to a;scre that Lender's interest in the Property and
rights under this Security Instrument, and Borrower'sobligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender quay require that Borrower pay such reinstatement sums and
expenses in one or more of the following forma, as soh cted 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 fedc:al ngtacy, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Se.urily histroment and obligations secured hereby
shall remain fully effecti,.e as if no acceleration had me aced. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Noticz of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) an be sold one or more times without prior notice to
Borrower. A sale might result in a change in th-a entity tknown as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Securit- Instrument and performs other mortgage loan
servicing obligations undo the Note, thin Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrek to:f to a Tale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the eir ng,, which will state the name and address of the
new Loan Servicer, the address to which payments sho ild be made and any other information RESPA
requires in connection with a notice of transfer of servici. ig If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of ;he Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be traasterred to a successor Loan Servicer and are not
assumed by the Note purchaser un "a otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, e, be joined to any judicial action (as either an
individual litigant or the member of a class) that arises trim the other party's actions pursuant to this
Security Instrument or that alleges that the other party ha: breached arty provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower )r i.ender has notified tie other party (with such
notice given in compliance with the requirements of See ion 15) of such alleged breach and afforded the
other party hereto a rm4onable period after the givirg of such notice to take corrective action. If
Applicable Law provides a time period which must elarse before certain action can be taken, that time
period will be deemed to be. reasonable for purposes o' this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Secticn 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to mut if_y 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, polatams, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammaAc 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, contrif.ute to, or otherwise trigger so Environmental
Cleanup.
002'4227
Initials:AWg
M0-61PAI warn vase 13 of • 6 Form 3039 1/01;
Borrower shall not cause or permit. the presence, List, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substanc'-s, on or in the Property. Borrower shall not do,
nor allow anyone else to In, anything affecting the Pmpt try (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Conditiix, or ((.o chich, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely aff;ets the value of the Property. The preceding
two sentences shall not apply to the p'r=nce, use, or storage on the Property of small c'=lines of
Hazardous Substair m that are generally recog_?fztd to I e ;appropriate to normal 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 agent} or private party involving the Property and any
Hazardous Substance or Environmental Law of win It Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, ary spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, acid (c) my condiEon,caused by the presence, use or release of a
Hazardous Substance which adversely affects the value ci the Property. If Borrower lesion, or is notified -
by any govermnemal or regulatory authority, or any pri+ ate party, that any removal or other remediatioq .
of any Hazardous Substance affecting th:n Property is Lieu vat y, Borrower shall promptly take all necessary
remedial actions in accordance with Fsvimitmental Lav. lothing herein shall create any obligation on
Lender for an Environmennal Cleanup.
NON-UNIFORM COVENANTS. Eorrower and Le-de, further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give urn ce to Borrower prior to acceleration following
Borrower's breach of any covenant or. agreement i t this Security Instrument (but not prior to
acceleration under Section 18 unless Appli-,able Lnw provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) tae action required to cure the default; (c) when
the. default must be cured;. and (d) that failure to cure the default m specified may result in
acceleration of the snms secured I:y this Security Ins[, uraeny 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 the foreclosure proceeding the non-e;dstence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at
its option may require immediate payment in full. oi' all sums secured.by this Security Instrument
without further demand and may foreclose this Secut fly Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in put sai.ng the remedies provided in this Section 22,
including, but not find ed 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 Instm nit
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy tl»s Security Instrument. Borrower shall tav 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 permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instmmenu, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and We,
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 L: a shera't'ssale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instmment'is lent to
Borrower to acquire title to the Property, this Security In;ntiment 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 is an action of mortgage foreclosure shall be the rate payable from time to time
under the Note. -
OC274227
MOSIe
(M•BIPA) iooos) r.,e•ta 0 ia Form 3039 1101;
BY SIGNING BELOW, Borrower accepts acid agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Birrow Ir end recorded with it.
Witnesses:
(Seat)
AR 1R HIEBER -smrawer
- -- --- (Seat)
-Borrower
(Sea:? _ (Seal)
-Borrower -Borrower
(Seal) _ _ (Seal)
-Barraw6r -Borrower
(Seal) __ (Seal)
-BOfroWCf -Borrower
00274217
CD
-BIPA) toaosi Pape 15 ot'6
i
Form 3039 1101:
1
Certificate of Residence
1, Michelle Pierce ' , do hereby certify that
the correct address ofthewithin-named Mortgagee is 40J Lippincott Drive, Marlton, NJ
08053
Witness my hand thi: 21st day u' August. 2001
Michelle'i-rce Agent ofMongegm
COMMONWEALTH 02? PENNSYLVANIA, County ss:
On this, the 21st day of August.. 2001 , before me, the
undersigned officer, personally appeared ARTHUR HIEBFR
known to me (or
satisfactorily proven) to 'le the person(s) whose ,ame(s is/we subscribed to the within instrument and
acknowledged that helshehhey executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand end official seal.
My., Commission Expires:
to's I l\)
Tiac of Officer
m-61PA1 moss -,
00274227
w:
rs. to of ti: Form 3039 1101
BALLOON NOTE; R ,*
(Fix :A R a I e)
SAL
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THL. 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, BE RECUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU
MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENOER YOU
HAVE THIS LOAN WITH, WILLING TO LEND YO 1 THE MONEY. IF YOU REFINANCE THIS
LOAN AT MATURITY, YOU MAY HAVE TO PAY. SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCU,TED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LENDER.
August 21. 2001 Marltoli New Jersey
IDatel [City) lsawl
1712 CHATHAM ROAD.(AM' HILL, PA 17011
IPmpe¢y Add. essl
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.! --. $112,500. 00 (this amount is called
"Principal"), plus interest, tottecrder of Lender. Lender is Equ t;y On2. inc., dba Popular Financial
Services
I will make all payments under this Note in the form Of cash, thee;: m money order.
1 understand that Lender may transfer this Note. Lender or a•.ryone who takes this Note by transfer and who is entitled
to receive payments under this Nwe is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal will the fall ziao-m of : rmcip3l has been paid. I will pay interest at a
yearly rate of 10.7500 %.
The interest rate required by this Secion 2 is the rate I will nay both. hcinre and after any default described in Section
6(B) of this Note. -
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a paymer t ::very month.
I will make my monthly payments on the 1St day of each month beginning on October 1, 2001
I will make these payments every month until I have paid all of he principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal;. If, on . Septemb?r 1. 2016 , 1 still owe amounts under this
Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at400 Lippinectt Drive. Marlton, NJ 08053
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S 1, 050. 17
00274227
00274227
MULTISTATE BALLOON FIXED RATE NOTE, Single Family -FANNIE MAE UNIFORM INSTRUMENT
P. tars
®-870N IW0el Mw O65b VMP MOmGAGE FOAMS. N0015211291
Form 3260 1101
InIn w4:
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at :ray lime b, fore they are due. A payment of Principal only is known
as a "Prepayment." When I sake a Prepayment, I will tell the Note Heider in writing that I am doing so. i may not
designate a payment as a Prepayment if I have not made al I tie mo thly payments due under this Note.
I may make a full Prepayment or partial Prepuymene with., a paying any Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal 1I.; i f owe i rider this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid hrterest on the !'repaya:err amount before applying my Prepayment to reduce the
Principal amount of this Note. If ; make a partial Prepay m. fit, tit! re will to no .hinges in the due date or in the amount of
my monthly payment unless the Note Holder agrees in w: 118 to 4,ose chan,;es.
5. LOAN CHARGES
If a law, which applies to th:ls loan mud which sets r.raximun' loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connexion with this lox: cxceed the permitted limits, then: (a) any suit
loan charge shall be reduced by the amount necessary tc reduce the charge to kite permitted limit; and (b) any sums already
collected from me that exceeded remtitted limits will be refunded to me. Tice Note Holder may choose to make thin refund
by reducing the Principal I owe ender this Note or by mxiiag a.direc. payment to me. Lf a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of arty monthly payment b/ the end of 15 calendar days
after. the date it is cue, I will pay a late charge to thr Note Holder. The amount of Ste charge will be
5.0000 % of my overdue payment of pi incipa. and interest. I will pay this late charge promptly but only
once on each late payment
(B) Default
If I do not pay the full amount of each momhdy payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Solder may send me a written notice telling me that if I do not pay the overdue amount by
a certain date, the Note Holder may require me to pay irrurcdiately the full amount of Principal which has not 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 notice is mailed to
mo or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I aria in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in fell as described above, the Note Holder will have the right
to be paid back by one for all of its costs and expenses in enforcirg this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Pre?erty Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given 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 Section 3(A) above or at different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fulh 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 tal. -s 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. The Note Holder
may enforce its rights under this Note against each person indivi; wally or against all of us together. This means that any one
of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Nou waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to den,md payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other person , that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note. a Mortgage, Deed of Trtst, or Security Deed (the "Security Instrument"), dated the lime
date as this Note, protects the Note Holder from possible losses that might 'result if Ido not keep the promises that 1 make in
this Note. That Security Instrument describes how and wider whit conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those condin ions read as follows:
00274 )2t
Form 3;
Transfer of the Property Ora Beneficial Interest is Borrower. As used in this Section 18, "Interest in
the Property" means any legal or beneficial interest in the Pre perty, including, but not limited to, those beneficial
interests transferred in a bond for deed contract for deed, inste9ment sales mlibact or escrow agreement, dte intent
of which is the transfer of title,by Borrower ai a fume d, re to a purchaser.
If all or any part of the property or any Interest in the /rcperty is sold or transferred (or if Petrower is not a
natural person and a beneficial interest in B=ower is ;u;lci o! transferred) without Lender's prior written cousent,
Lender may require immediate payment in fall of all sums secued 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 Borower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice iy gi_•en in accordance with Section 15 within which
Borrower most 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 reme dies pgrnlitted by this Security basbument without further
notice or demand on Borrowe .
SS E HAND( ) AND SEAL(S) OF THE UNDERS'G JED.
(Slat )
ARTHUR HIEBER Bowe - B(rro?w
(Sul) __ (Seal)
-BOOtiwel -Borrower
(Seal) _
-0..n, wet
-Borrower
(Seal)
..aer. -Borrower
[Sigr, Original Only]
SAW (DUM) a d Pag 3 03 Gpm 32ro 1A1
1B0]Ip}r 03-n-0I
00274(.2'
PRE, PA17It4ENT Rlf)ER TO NOTE
This PREPAYMENT RIDER TO NOTE in made t'.is 2 1 day of 0 8 12 0 01
and is incoporated into and amends, modifies and sup dements the Note of the same date
given by the undersigned (the "Borrower") to F , i n i ; y One, I n c. , d b a Popular Financial Se
(the "Lender") and any riders or modifications tl,areto "Note").
In addition to the agreements made in the Note, Cor. ower and Lender further
agrees as follows:
1. The section of the Vote entitled "Boi romor!s Mgt: to Prepay",
is hereby deleted in its entirety and repo,,, i with [he follcveing language:
4. BORROWES,'S RIGHT TO RF ' T'REPAYTAENT CHARGE
I have the right to rnake payments of pi at trv time before they are due, but
the Note Holder may apply any+.endered paymums fir t to any amounts then due and
owing under this Note or under the Security Ins romc? t and tl-, -i to principal not yet due.
A payment of principal only is known as a "prspayrror'." A prepayment of all the
unpaid principal is known as a "full prepayment. A pr;pay;nciii cl only pat ut the
unpaid principal is known as "partial prepaymer r".
If I make a partial prepayment, therp w.11 b _ no cI' anges in the due dates or
amounts of my subsequent scheduled monthhi paymi nta unless the Note Holder agrees in
writing to those changes. Partial prepayments :;had ba e.pplied to the Iasi scheduled
installments in reverse chronological order, urdcss off ervise required by applicable law,
starting with the final scheduled monthly insta!In lent. I, a aggregate amount of
principal prepaid in any twelve (12) month period axcE:eoa twenty percent (20%) of the
original principal amount of this Note during the first ht E E ( 3 ) years commencing from the
date of this Note, then as consideration for the acceptance of such prepayment, and in
addition to any other sum payable hereunder, ! agree o pay the Note Holder a
prepayment charge equal to six (6) months' interest on the amount of any prepayment
exceeding twenty percent (20%) of the original principal loan amount.
2. Section 3 of the Note regarding application of pa; ments is hereby amended by
adding prepayment charges to the list of "caner charges".
ARTHUR H I E R F R r.(Seal)
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PREPAYME RMER 10 NTe Pi
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{ W. . PA PA & M BAPS
ACT 91 NOTICE
TAKE ACTION TO SAVE
i YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your Lome is in default, and the lender intends to
!D foreclose. Specific information about the nature of the default is provided
in the attacheo cages
The HOMEOWNER's MORTGAGE ASSISTANCF. PROGRAM (HEMAP) may be able to
help to save your home. This Notice exNains how the Proaram works
can call (717) 780-1869.
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This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help
explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA iMORTANCIA, PLIES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADOARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA
HOMEOWNERS' NAME: Arthur Hieber
i
MORTGAGED PROPERTY: 1712 Chatam Road
Camp Hill, PA 1,7011
LOAN ACCT. NO.: 274227
CURRENT LENDER/SERVICER: Equity One
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF
BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are enfitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice.
DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names addresses and telephone numbers
of desianated consumer counseling agencies for-the ceJnty in which the property is located are set
forth at the end of this Notirg.. It is only necessary to s?,hedule ore face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature or your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowners Emergency Mortgage Program. To do so,
you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDSATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have
met the time requirements set forth above. You will be notified directly by the Pennsylvania
housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it'up to date).
1
I
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your
property located at:
1712 Chatham Road
Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
October 1, 2001 to December 1, 2001 at $1,050.17 per month
Late Charges: $105.02
TOTAL AMOUNT PAST DUE: $3,255.53
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of this
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $3,255.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash
Eguity one
400 Lij)pIncott Drive
Marlton. NJ 06053
IF YOU DON'T CURE THE DEFAULT - If you do nat cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not mada within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal actor to foreclose upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - TI,e mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30 ) DAY period, you will not be required
to pay attorney's fees. '
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the
default within the THIRTY (30) DAY period and forecloses: proceedings have begun, you still
have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs connected with the foreclosure sale
and any other costs connected with the Sheriffs Sale as specified in writing by the lender and
by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately FIVE
(5) months from the date of this kotice. A notice oi the actual date of the Sheriffs Sale will
be sent to you before the sale. Of course, the amourc: needed to cure the default will increase
the longer you wait. You may find out at any time exectly what the required payment of action
will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Equity One
Phone Number: 800 383 2292
Contact Person: Loan Counseling Unit
EFFECT OF SHERIFF'S SALE - You should raalize that a Sheriff Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MORTGAGE -You may or may not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the
mortgage are satisfied. Please contact:
YOU MAY ALSO HAVE THE RIGHT:
PAY DEBT
TO SELL THE PROPERTY TO OBTAIN MONEY TO ORTOBORROW MONEY FROMANOTHER NDNGINSTITUTIONTTOPAYOFFTHE
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO `. HE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
r
i
THIS RIGHT TO CURE YOUR DEFAULT tIORE THAN THREE TIMES IN ANY
CALENDAR YEAR)
T FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT RJSTITUTED UNDER Y THE MORTGAGE
DOCUMENTS
TO ASSERT ANY OTHER DEFENSE YOU BEL,EVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BNKRUPTCY LAW.
CONSUMER CREDIT COUNSELING, AGENCIES SERVING YOUR COUNTY IS
INCLUDED.
1
Sharon Oras Morgan, Esq ire
Mattleman, Weinroth & Ml ler
CS4
CA ?
?_?-
v/ ' 1
?` N
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-02683 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JP MORGAN CHASE BANK
VS
HIEBER ARTHUR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HIEBER ARTHUR the
DEFENDANT
, at 1943:00 HOURS, on the 6th day of June , 2002
at 1712 CHATHAM ROAD
CAMP HILL. PA
ARTHUR HIEBER
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
39.04
Sworn and Subscribed to before
me this /7 If, day of
zooms A. D.
Prothonotary
So Answers:
R. Thomas Kline i
06/10/2002
MICHAEL J MILSTEAD
By:
eput S er'
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
BY: THOMAS J. COLEMAN, III, ESQUIRE
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP Morgan Chase Bank, as Trustee for Equity : COURT OF COMMON PLEAS
One, ABS, Inc., Mortgage Pass-Through : CUMBERLAND COUNTY
Certificates, Series 2001-1
Plaintiff
VS.
No.: 02-2683 Civil Term
Arthur Heiber
Defendants
TO THE PROTHONOTARY
PRAECIPE TO ENTER DEFAULT
JUDGMENT
Kindly enter Default Judgment in favor of Plaintiff, JP Morgan Chase Bank, as Trustee
for Equity One, ABS, hie., Mortgage Pass-Through Certificates, Series 2001-1 and against the\
defendant, Arthur Heiber for failure to Answer the Complaint in Civil Action - Mortgage
Foreclosure.
Service was made on the Defendant, Arthur Heiber via the Sheriff of Cumberland County
on June 6, 2002.
Assess damages as follows:
Total Debt as of 5/20/2002:
Interest from 5/20/02 thru 7/23/2002
Increase in Late Charges since 5/20/02
Increase in Escrow Deficiency since 5/20/02
Costs
TOTAL AMOUNT OF JUDGMENT
$ 127,342.01
2,120.32
105.02
697.28
207.50
$ 130,472.13
The Law Office of
z
#5
III, Esquire
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
BY: THOMAS J. COLEMAN, III, ESQUIRE
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP Morgan Chase Bank, as Trustee for Equity
One, ABS, Inc., Mortgage Pass-Through
Certificates, Series 2001-1
Plaintiff
VS.
Arthur Heiber
Defendants
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
No.: 02-2683 Civil Term
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS
I, Thomas J. Coleman, III., Esquire, being duly sworn according to law, upon my oath,
depose and say:
1. I certify that the Plaintiff's address is 400 Lippincott Drive, Marlton, NJ 08057.
2. I certify that the Defendant's address is as follows: 1712 Chatham Road, Camp Hill,
PA 17011.
3. I certify that the foregoing information is true and correct to the best of my knowledge,
information and belief.
Sworn and Subscribed to
before me this (96-1 day
of 3L) / L/ 2002.
USA L BECK
NOTARY PUBLIC OF NEW JERSEY
ConxNsdon Expires 11912001
The Law Office ofMiccjiad?. Milstead, LLC
in, III, Esquire
58607
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
BY: THOMAS J. COLEMAN, III, ESQUIRE
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP Morgan Chase Bank, as Trustee for Equity : COURT OF COMMON PLEAS
One, ABS, Inc., Mortgage Pass-Through : CUMBERLAND COUNTY
Certificates, Series 2001-1
Plaintiff
VS.
No.: 02-2683 Civil Term
Arthur Heiber
Defendants
AFFIDAVIT OF NON-
MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, Thomas J. Coleman, III, Esquire, Attorney at Law, being duly sworn according to law,
upon my oath, depose and say:
1. That the Defendants are not in the Military, Naval of Air Services of the United States
of any other Country within the provision of the Soldiers' and Sailors' Civil Relief Action of
Congress, as amended; and
2. That the Defendant is at least 21 years of age and resides at 1712 Chatham Road, Cam
Hill, PA 17011.
The affiant has ascertained the foregoing information by personal inquiry and knowledge
and makes this Affidavit with the authority.
Sworn and Subscribed to
before me this c26-thday
oU02.
LISA L. BECK
IIOTARYPUBLICOFNEWS y
Cororo>SM1011 E"m 119/007
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
BY: THOMAS J. COLEMAN, III, ESQUIRE
Attorney ID# 58607
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP Morgan Chase Bank, as Trustee for Equity : COURT OF COMMON PLEAS
One, ABS, Inc., Mortgage Pass-Through : CUMBERLAND COUNTY
Certificates, Series 2001-1
Plaintiff
VS.
Arthur Heiber
Defendants
No.: 02-2683 Civil Term
AFFIDAVIT OF SERVICE
COMMON WEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, Thomas J. Coleman, III, Esquire, Attorney at Law, being duly sworn according to law,
upon my oath, depose and say:
1. I am a member of the Law Office of Michael J. Milstead, LLC, attorneys for Plaintiff
in the above entitled cause of action.
2. Notice, Rule 237.1 was forwarded to the Defendant(s), place of residence by regular
mail on June 28, 2002 and has not been returned to this office, so it can be assumed that same
has been delivered to Defendant.
Sworn and Subscribe to
before me this ?I?day
of X01 ti - - 2002.
LISA L. BECK
NOTARY PUBLIC OF N1 #MW
Commiss(on Expires 1/9/W
The Law Office
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Prothonotary
TO: Arthur Hieber
June 28, 2002
JP Morgan Chase Bank, as Trustee for Equity One,
ABS, Inc.,Mortgage Pass-Through Certificates,
Series 2001-1
Plaintiff
VS.
Arthur Hieber
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 02-2683 Civil Term
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required of you in this case. Unless you
act within ten (10) days from the date of this notice, a judgment may be entered against you
without a hearing and you may lose your property or other important rights. You should take this
notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone
the following office 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
on Pracde
nt To 1Pab Debt Cope t? -
Dlotic collect a debt and any ?O
This is an attempt for that Purpo
obtained wW be used
CA O: 2002-003 P
COMMONWEALTH O.F PEB
VS
SHERIFF'S RETURN - RE AR
?y r?l
YLVANIA:
v
KENNETH GOSSERT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
HIEBER ARTHUR
was served upon
the
DEFENDANT , at 1943:00 HOURS, on the 6th day of June 2002
at 1712 CHATHAM ROAD
CAMP HILL, PA 17011 by handing to
ARTHUR HIEBER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 11.04(?+? p
Affidavit .00 •?/'?
Surcharge 10.00 R. Thomas Kline
.00
39.04 06/10/2002
MICHAEL J MILSTEAD
Sworn and Subscribed to before By:
me this day of., eput S er'
A.D.-
Prothonotary
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
TO: Arthur Heiber
JP Morgan Chase Bank, as Trustee for Equity
One, ABS, Inc., Mortgage Pass-Through
Certificates, Series 2001-1
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
Plaintiff
VS.
No.: 02-2683 Civil Term
Arthur Heiber
Defendant
: NOTICE PURSUANT TO RULE 236
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
THOMAS J. COLEMAN, III, ESQUIRE #58607
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
856-222-1508
NOHce____-- •?i?
T, ?n attempt to eo?eet
t be used for that purPOM
LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
Attorneys at Law
325 New Albany Road
Moorestown, NJ 08057
TEL(856)222-1508 FAX(856)222-1580
Michael J. Milstead
miChu *milst %a W.com
liaa Mn Thomes, Admi "W,
INomasrAmiLeha0law.com
Of Counsel
Thomas J. Coleman, III
Licensed Pennsylvania Adomey
Please Reply To: NJ Office
Our File No.:
Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, specifically, 60
U.S.C.A. Section 601 et sec., please provide us with the current Military Status of the
following persons:
NAME SSN/DOB NOT IN IL IN MIL SERVICE
u 1'1 - 4b 75cb
Virginia
Or
a:
Deborah Watson
Date:
Date:
JUL 0 3 2002
k
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THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508 02-1-00581
Attorneys for Plaintiff
JP MORGAN CHASE BANK, as Trustee for : COURT OF COMMON PLEAS
Equity One, ABS, Inc. Mortgage Pass Through : CUMBERLAND COUNTY
Certificate Series 2000-1
Plaintiff
VS.
ARTHUR HEIBER
Defendant
No.: 02-2683 Civil
WITHDRAWAL OF APPEARANCE
TO THE COURT:
et al.
Kindly withdraw my appearance on behalf of the above Plaintiff, JP Morgan Chase Bank,
TO THE COURT:
Kindly enter my appearance on behalf of the above Plaintiff, JP Morgan Chase Bank, et
al.
E& Meth, E quire
Attorney ID No. 59439
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THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP MORGAN CHASE BANK, as Trustee for Equity One,
ABS, Inc. Mortgage Pass Through Certificates, Series
2001-1
Plaintiff
vs.
ARTHUR HEIBER
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 02-2683 Civil Term
PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Directed to the Sheriff of Cumberland County;
2.
4.
Against the Defendants in the above captioned matter;
And index this writ against the Defendants as follows:
Arthur Heiber
Real Property involved:
Amount Due
Interest from 09/05/02 to
TOTAL
(Costs to be added)
Dated: September 24, 2002
1712 Chatham Road
Camphill, PA 17011
$ 130,472.13
$ 4,965.36
Respectfully?ed,
Zte ffic e of Mich . Milste d, LLC
?q ire
459439
ALL that certain property situated in the Township of Lower Allen in the County of Cumberland
and Commonwealth of Pennsylvania, being more fully described in a fee simple deed dated
02/25/2000 and recorded 03/01/2000, among the land records of the county and state set forth
above, in volume 240 page 163.
IMPROVEMENTS THEREON: RESIDENTIAL DWELLING
Tax Parcel ID.: 13-23-0547-038
Address: 1712 Chatham Road
Camp Hill, PA 17011
P-1
(J t? lq -0 h 74" ? I
r o?
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JPMORGAN CHASE BANK, as Trustee for Equity One,
ABS, Inc. Mortgage Pass Through Certificate Series
2001-3
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs. NO.:02-2683 Civil Term
Arthur Heiber REAL PROPERTY PURSUANT
NOTICE OF SHERIFF'S SALE OF
Defendant TO PENNSYLVANIA RULE OF
:CIVIL PROCEDURE 3129
TAKE NOTICE:
Your house (real estate) at 1712 Chatam Road, Camphill, PA 17011 is scheduled to be
sold at Sheriffs Sale on March 5, 2003 at 10:00 am in the Commissioner's Hearing Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$130,472.13 obtained by JPMorgan Chase Bank, et al.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Eric Meth, Attorney for plaintiff, back
payments, late charges, costs and reasonable attorneys fees due. To find out how much you must
pay, you may call Eric Meth at 856-222-1508.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See Notice on following page and 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Eric Meth at 856-222-1508.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Eric Meth at 856-222-1508.
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 approximately
30 days after the date of Sheriffs Sale. This schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
Carlisile, PA 17013
(800) 990-9108
02-1-00574
ALL that certain property situated in the Township of Lower Allen in the County of Cumberland
and Commonwealth of Pennsylvania, being more fully described in a fee simple deed dated
02/25/2000 and recorded 03/01/2000, among the land records of the county and state set forth
above, in volume 240 page 163.
"ROVEMENTS THEREON. RESIDENTIAL DWELLING
Tax Parcel ID.: 13-23-0547-038
Address: 1712 Chatham Road
Camp Hill, PA 17011
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THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JPMORGAN CHASE BANK, as Trustee for Equity One,
ABS, Inc. Mortgage Pass Through Certificates, Series
2001-1
Plaintiff
vs.
ARTHUR HEIBER
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 02-2683 Civil Term
AFFIDAVIT PURSUANT TO
RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JPMorgan Chase Bank, et al., Plaintiff in the above entitled cause of action, sets forth as
of the date the Praecipe for Writ of Execution was filed the following information concerning the
real property located at 1712 Chatham Rd., Camphill, PA 17011:
1. Name and address of Owner(s) or Reputed Owner(s):
Arthur Heiber
1712 Chatham Road
Camp Hill, PA 17011
2. Name and address of Defendant(s) in the Judgment:
Arthur Heiber
1712 Chatham Road
Camp Hill, PA 17011
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
JPMorgan Chase Bank, as Trustee for Equity One, ABS, Inc. Mortgage Pass Through
Certificate Series 2001-1
(Plaintiff herein)
301 Lippincott Drive
Marlton, NJ 08053
Child Support Enforcement Agency
Domestic Relations
13 N. Hanover St
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
JPMorgan Chase Bank, as Trustee for Equity One, ABS, Inc. Mortgage Pass Through
Certificate Series 2001-3
(Plaintiff herein)
301 Lippincott Drive
Marlton, NJ 08053
5. Name and address of every other person who has any record lien on the property:
None known.
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
Occupant, 1712 Chatham Road
Camp Hill, PA 17011
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Occupant, 1712 Chatham Road
Camp Hill, PA 17011
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 th se statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relat unsworn falo
authorities.
RIC ME T , ESQUIRE
#59439
Sworn and Subscribed to before
me this oday of QC-1Dbff
2002.
LIS L. BECK
NOTARY PUBLIC OF 11E1t AM
CMnftm Expla 1/9/2001
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-2683 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR
EQUITY ONE, ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2001-1
Plaintiff (s)
From ARTHUR HEIBER,1712 CHATHAM ROAD, CAMPHILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $130,472.13 L.L. $30
Interest FROM 9/5/02 -$4,965.36
Arty's Comm % Due Prothy $1.00
Arty Paid $111.04 Other Costs
Plaintiff Paid
Date: OCTOBER 4, 2002
CURTIS R. LONG
Prothonot ? ?
(Seal) ?
/I Di. O
Deputy
REQUESTING PARTY:
Name ERIC METH, EQUIRE
Address: THE LAW OFFICE OF MICHAE L J. MILSTEAD, LLC
325 NEW ALBANY ROAD
MOORESTOWN, NJ 08057
Attorney for: PLAINTIFF
Telephone: 856-222-1508
Supreme Court ID No. 59439
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JP MORGAN CHASE BANK, as trustee for Equity One, COURT OF COMMON PLEAS
ABS, Inc. Mortgage Pass Through Certificates, Series CUMBERLAND COUNTY
2001-1
Plaintiff
vs.
: No.: 02-2683 CIVIL TERM
ARTHUR HEIBER
AFFIDAVIT PURSUANT TO
Defendant RULE: 3129.2
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
I, Eric Meth, Esquire, of full age, being duly sworn according to law, upon
my oath, depose and say:
1. I am a member of the The Law Office of Michael J. Milstead, LLC, attorney for the
Plaintiff in the above entitled cause of action.
2. On October 4, 2002, a copy of the Notice of Sheriff's Sale of Real Property was served
on the defendant, Donald Moses by certified mail, return receipt requested. A copy of the return
receipts is attached hereto and made part hereof as Exhibit "A".
3. On or about October 10, 2002 a notice of Sheriff's Sale was sent to all lien holders of
record by certified mail, return receipt requested. Copies of the proof of mailings are attached
hereto and made a part hereof as Exhibit "B."
4. A Notice of Intention to Foreclose Mortgage and a Notice of Homeowners'
Emergency Mortgage Assistance was sent to the defendant by regular and certified mail on
December 14, 2001.
Sworn and Subscribed to
before me this (y, Day
of 2003
Notary Public
DAWN HOFFMAN
NOTARY PUBLIC OF NEW JERSEY
Connis w Expires 1!9!2007
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¦ Complete items 1, 2. J 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. jervice Type
F-1 Express Mail
Certified Mail t,O.D.
? Registered .- eturn Receipt for Merchandise
? Insured Mail 4: -Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label) 7001 1940 0000 7,091 104u
PS Form 3811, August 2001 Domestic Return Receipt 102595-01 -M-250
SENDER: COMPLETE THIS SECTION
¦ Complete items 1E . j 3. Also complete A. ignat t
item 4 if Restricted Delivery is desired.
¦ P
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rint your name and address on the reverse ' ' Addressee
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece, B. Recery by ( Printed Name)
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A C. Date of Delivery
or on the front if space permits. r U. Y - d --?? -D Z
1. Article Addressed to: D. Is delivery address different from item 1? ? Yes
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rransfer from service label) 7001 1940 0 0 0 0 .7 0 91 1033
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I Robert P. Ziegler, Recorder of Deeds in and for said County and State ?o hereby certify that
the Sheriff s Deed in which
Certificates Series 2001-1 is the grantee the same having been sold to said grante6 on the 5th day of
March A.D., 2003, under and by virtue of a writ Execution issued on the 4th day 6f October, A.D., 2002,
out of the Court of Common Pleas of said County as of Civil Term, 2002 Numbel 2683, at the suit of JP
Morgan Chase Bank tr for Equity One ABS Inc MtgLPas through Certificates Spies 2001-1 against
Athur Heiber is duly recorded in Sheriff's Deed Book No. 256, Page 632.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office; this day of
A.D. 2003
6
Recorder of Deeds
JP Morgan Chase Bank, as Trustee In The Court of Common Pleas of
For Equity One, ABS, Inc. Mortgage Cumberland County, Pennsylvania
Pass Through Certificates Series 2001-1 Writ No. 2002-2683 Civil Term
VS
Arthur Heiber
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that
on November 5, 2002 at 2:40 o'clock PM, he served a true copy of thew thin Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Arthur Heiber, by making known unto Arthur Heiber ersonally, at
1712 Chatham Road, Camp Hill, Cumberland County, Pennsylvania, its ontents and at
the same time handing to him personally the said true and correct copy o the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according law, states
that on January 7, 2003 at 7:26 o'clock P.M., she posted a true copy of th within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, pon the
property of Arthur Heiber located at 1712 Chatham Road, Camp Hill, Per sylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Arthur Heiber by regular mail to his last know address of
1712 Chatham Road, Camp Hill, PA 17011. This letter was mailed under the date of
January 13, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Eric Meth for JP Morgan Chase Bank, as Truste for Equity
One ABS, Inc., Mortgage Pass Trough Certificates, Series 2001-1. It bein the highest
bid and best price received for the same, JP Morgan Chase Bank, as Truste for Equity
One, ABS, Inc. Mortgage Pass Through Certificates, Series 2001-1 of 301 Lippincott
Dr., Marlton, NJ 08053, being the buyer in this execution, paid to Sheriff R. Thomas
Kline the sum of $582.32, it being costs.
Sheriffs Costs:
Docketing $30.00
Poundage 11.41
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 22.08
Certified Mail 3.60
Levy 15.00
Surcharge 20.00
Law Journal 139.85
Patriot News 179.17
Share of Bills 25.21
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$582.32
Sworn and subscribed to before me So Answers:
This day of 2003, A.D. R. Thomas Kll.ne, Sheriff
r thonota 7yy
BY
Real Estate (Deputy
3D
C.{? y b o y ?
?uta. 13 G 07
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JYMURUAN CHASE BANK, as Trustee for Equity One,
ABS, Inc. Mortgage Pass Through Certificates, Series
2001-1
Plaintiff
vs.
ARTHUR HEIBER
Defendants
COURT OF COMMON PLEAS
CUMBERL COUNTY
NO.: 02-2683 Civil Term
AFFIDAVIT] PURSUANT TO
RULE 3129.11
IUMMUNWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JPMorgan Chase Bank, et al., Plaintiff in the above entitled cause f action, sets forth as
of the date the Praecipe for Writ of Execution was filed the following info ation concerning the
real property located at 1712 Chatham Rd., Camphill, PA 17011: 1
1. Name and address of Owner(s) or Reputed Owner(s):
Arthur Heiber
1712 Chatham Road
Camp Hill, PA 17011
2. Name and address of Defendant(s) in the Judgment:
Arthur Heiber
1712 Chatham Road
Camp Hill, PA 17011
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
JPMorgan Chase Bank, as Trustee for Equity One, ABS, Inc. Mortgage Pass Through
Certificate Series 2001-1
(Plaintiff herein)
301 Lippincott Drive
Marlton, NJ 08053
Child Support Enforcement Agency
Domestic Relations
13 N. Hanover St
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
JPMorgan Chase Bank, as Trustee for Equity One, ABS, Inc. Mortgage Pass Through
Certificate Series 2001-3
(Plaintiff herein)
301 Lippincott Drive
Marlton, NJ 08053
5. Name and address of every other person who has any record lien on the property:
None known.
6. Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
Occupant, 1712 Chatham Road
Camp Hill, PA 17011
7. Name and address of every person of whom the plaintiff has
interest in the property which may be affected by the sale:
who has any
Occupant, 1712 Chatham Road
Camp Hill, PA 17011
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 th se statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relat* unworn fal % authorities. - ? META,-ESQ
#59439
Sworn and Subscribed to before
me this day of Nabff
2002.
U L. BECK
NOTARY PUBLIC OF NEW JERSEY -
COMMUM EXPh% 1/9/2407
THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
By: Eric Meth, Esquire
Attorney ID#59439
325 New Albany Road
Moorestown, NJ 08057
(856) 222-1508
Attorneys for Plaintiff
JPMORGAN CHASE BANK, as Trustee for Equity One,
ABS, Inc. Mortgage Pass Through Certificate Series
2001-3
Plaintiff
vs.
Arthur Heiber
Defenda
TAKE NOTICE:
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.:02-2683 Civil Term
:REAL PROPERTY :PURSUANT
Your house (real estate) at 1712 Chatam Road, Camphill, PA 17011 is scheduled to be
sold at Sheriffs Sale on March 5, 2003 at 10:00 am in the Commissioner's Haring Room,
Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$130,472.13 obtained by JPMorgan Chase Bank, et al.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S S1LE
To prevent this Sheriff s Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Eric Meth, Attorney for Pl?intiff, back
payments, late charges, costs and reasonable attorneys fees due. To find out how much you must
pay, you may call Eric Meth at 856-222-1508.
2. You may be able to stop the Sale by filing a petition asking the cou o strike or open
the Judgment, if the Judgment was improperly entered. You may also ask ?Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chan?e you will have of
stopping the Sale. (See Notice on following page and how to obtain an attor?ey).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Eric Meth at 856-222-1508.
2. You may be able to petition the Court to set aside the Sale if the W price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Eric Meth at 856-222-150.
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 approximately
30 days after the date of Sheriffs 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 (1?0) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. I' 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.
Lawyer Referral Service
Cumberland County Bar Association
Carlisile, PA 17013
(800) 990-9108
02-1-00574
ALL that certain property situated in the Township of Lower Allen in the County of Cumberland
and Commonwealth of Pennsylvania, being more fully described in a fee simple deed dated
02/25/2000 and recorded 03/01/2000, among the land records of the county rd state set forth
above, in volume 240 page 163.
IMPROVEMENTS THEREON: RESIDENTIAL DWELLING
Tax Parcel ID.: 13-23-0547-038
Address: 1712 Chatham Road
Camp Hill, PA 17011
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-2683 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR
EQUITY ONE, ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES, SEAS 2001-1
Plaintiff (s)
From ARTHUR HEIBER, 1712 CHATHAM ROAD, CAMPHILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE GAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in t e possession
of
I
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 11re possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she hays been added as a
garnishee and is enjoined as above stated. II
Amount Due $130,472.13
Interest FROM 9/5/02 - $4,965.36
Atty's Comm %
Atty Paid $111.04
Plaintiff Paid
Date: OCTOBER 4, 2002
L.L. $.50
(Seal)
REQUESTING PARTY:
Name ERIC METH, EQUIRE
Address: THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
325 NEW ALBANY ROAD
MOORESTOWN, NJ 08057
Attorney for: PLAINTIFF
Telephone: 856-222-1508
Supreme Court ID No. 59439
Due Prothy $1.00
Other Cnctc
Real Estate Sale # 4
On October 24, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
known and numbered as 1712 Chatham Road, Camp Hill,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: October 24, 2002 By:
aa ?iM I C;R
%rd
Real E'state Deputy &
? %.
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 sa.ys: That he is the Asst.
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 28th day(s) of January and the 4th and
11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, pllace 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.
PUBLICATION
COPY Sworn to and su cri d before me this 14 ay o?bruary 2003 A.D.
S A L E #4 Notarial Se
REAL ESTATE SALE No. 4 Terry L. Russell, Notary Public
Writ No. 2002-2683 Fmcy, tyOf Harrisburg, Dauphin County CIAITerm Commission Expires June 6,2006 KC)TARY PUBLIC
Morgan Chase ank, One,
as s Trustee for r Equity Member, Pennsylvania Assodation Of Notaries My commission expires June 6, 2006
ABS, Inc. Mortgage Pass
Through Certificates
Series 2001-1 CUMBERLAND COUNTY SHERIFFS OFFICE
vs CUMBERLAND COUNTY COURTHOUSE
Arthur Helber
Atty: Eric Meth CARLISLE, PA. 17013
DESCRIPTION
ALL that certain property situated in the
Township of Lower Allen in the County of Statement of Advertising CGOsts
Cumberland and Commonwealth of To THE PATRIOT-NEWS CO., Dr.
Pennsylvania, being more fully described in a fee
simple deed dated 02/25/2000 and recorded 031 For publishing the notice or publication attached
01/2000, among the land records of the county
and star hereto on the above stated dates $ 177.42
and state set forth above, in volume 240 page
163• Probating same Notary Fee(s) $ 1.75
IMPROVEMENTS THEREON: RESIDENTIAL Total
DWELLING $ 179.17
Tax Parcel ID: 13-23-0547-038.
Address: 1712 Chatham Road, Camp Hill,
Pennsylvania 17011.___ _ Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ...........................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 31, FEBRUARY 7, 14, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 4
Writ No. 2002-2683 Civil
JP Morgan Chase Bank, as
Trustee for Equity One, ABS, Inc.
Mortgage Pass Through
Certificates Series 2001-2
vs.
Arthur Heiber
Atty.: Eric Meth
ALL that certain property situ-
ated in the Township of Lower Allen
in the County of Cumberland and
Commonwealth of Pennsylvania,
being more fully described in a fee
simple deed dated 02/25/2000 and
recorded 03/01/2000, among the
land records of the county and state
set forth above, in volume 240 page
163.
IMPROVEMENTS THEREON:
RESIDENTIAL DWELLING.
Tax Parcel ID.: 13-23-0547-038.
Address: 1712 Chatham Road,
Camp Hill, PA 17011.
WORN TO AND SUBSCRIBED before me this
14 day of FEBRUARY, 2003
--r
(L{.1?'S E.'
WY'7F
y t;8 » ._.: .-di 5,200
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-2683 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, A'S TRUSTEE FOR
EQUITY ONE, ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2001-1
Plaintiff (s)
From ARTHUR HEIBER, 1712 CHATHAM ROAD, CAMPHILL, PA 1701.1
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $130,472.13 L.L. $.50
Interest FROM 9/5/02 -$4,965.36
Atty's Comm % Due Prothy $1.00
Atty Paid $111.04 Other Costs
Plaintiff Paid
Date: OCTOBER 4, 2002
CURTIS R. LONG
ZProthono •y
(Seal)
Deputy REQUESTING PARTY:
Name ERIC METH, EQUIRE
Address: THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC
325 NEW ALBANY ROAD
MOORESTOWN, NJ 08057
Attorney for: PLAINTIFF
Telephone: 856-222-1508
Supreme Court ID No. 59439