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Home My WebLink About03-0779IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION. MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this comp aint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and Objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las .l:].aginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la not~ficacion. Osted debe presentar una apariencia escdta o en persona o por abogado y archivar en la corte en forma escdta sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la code tomara medidas y puede entrar una orden contra usted sinprevio aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puedeperder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTEA~,E~C DA ABA J(") PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: /~ ) RI__ ~;/_...~_ CUMBERLA~.D COL~ Court Administrator, 4th Floor, C~rCog(Jho~arlisle, PA 17013 FRANK L, MAJqZ~gq/(JR,, ESQUIRE ATTORNEY FqRJ~LAINTIFF ATTORNEY 1.1~17638 FRANK L. MAJCZAN, JR., ESQUIRE Attorney I.D. No. 17638 3644 Route 378, Suite A Bethlehem, PA 18015 (610) 317-0778 Attorney for Plaintiff CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 0D. '-/'~,7 0..~.;J T~,-. VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT Plaintiff, CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., by its counsel, FRANK L. MAJCZAN, JR., ESQUIRE, respectfully presents the following Complaint for consideration by Your Honorable Court: 1. Plaintiff, CitiFinancial Services, Inc. f/k/a Commemial credit Plan Consumer Discount Co.,, is a lending institution which maintains an office for the conduct of its business at 7467 New Ridge Road, Suite 200, Hanover, Maryland 21076. 2. Defendants, Arden A. Moore and Frances C. Moore, are adult individuals whose last known address is 29 Town Mills Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On December 18, 1998, Defendants made, executed and delivered a Disclosure Statement, Note and Secudty Agreement, secured by a Mortgage executed by Defendants, upon premises hereinafter described, to Plaintiff in the amount of One Hundred Six Thousand Nine Hundred Thirty-Two and 42/100 ($106,932.42) Dollars, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, at Book 1507, Page 648. Copies of said Mortgage and Disclosure Statement, Note and Secudty Agreement are attached hereto, collectively marked Exhibit "A", and are intended to become a part hereof. 4. Said Mortgage has not been assigned. 5. The premises subject to said Mortgage is described as follows: SEE EXHIBIT "B" ATTACHED HERETO 6. Defendants are in default under the terms of said Mortgage in that he have failed to make full payments from September, 2002, to the present, pursuant to said Mortgage as outlined in -2- Paragraph Nine (9) below, and the Plaintiff does hereby exemise its right to accelerate the payment of debt and to demand payment in full thereon. 7. Notice was mailed to Defendants according to the provisions of Act 160 of 1998 (previously known as Act 91 of 1983 and Act 6 of 1974) on January 15, 2003. A copy of said Notice is attached hereto, marked Exhibit "C", and is intended to become a part hereof. 8. Plaintiff is entitled to be reimbursed for reasonable attorney collection fees incurred in the prosecution of the instant action pursuant to the terms in Exhibit "A" attached hereto. 9. The following amounts are due on account of said Mortgage as of February 18, 2003: Principal of Mortgage debt due and unpaid ............. $ 97,907.08 Interest from 9/2/02 up to and including 2/18/03 ....... $ 3,552.53 (Each day add Twenty and 98/100 ($20.98) Dollars after February 18, 2003) Costs to date ................................................. $ 225.00 Attorney fees (anticipated and actual to Five (5%) percent of the principal) ...................... $ 4.895.35 TOTAL $106,597.96 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff demands Judgment against Defendants, pursuant to this Complaint, in the amount of One Hundred Six Thousand Five Hundred Seventy-Nine and 96/100 -3- Dollars ($106,579.96), together with interest at the contract rate of Twenty and 98/100 ($20.98) per diem from February 18, 2003, together with other charges and costs incidental thereto to the date of Sheriffs Sale and all costs of suit. DATED: FEBRUARY 18, 2003 RANK L. MAJCZ/~I~,/~., ESQUIRE ATTORNEY fOI;J I:/~INTIFF ATTORNEY I.D. ~0~ ~7638 VERIFICATION I, Jana Gantt, Foreclosure Analyst, of CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., , hereby verifythat the statements made in Plaintiffs Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: FEBRUARY 18, 2003 Japa×(~ntt, Foreclosure Analyst A~er ~co~ing, ~turnto: COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 6520 CARLISLE PIKE SUITE 155 MECHANICSBURG PA 17055 MORTGAGE THIS MORTGAGE is made this 18th day of December ARDEN A MOORE FRAlXICES C MOORE 1998 · between the Mortgagor, (herein "Borrower"), , whose (herein and the Mortgagee, COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. a corporation organi.zed and existing under tile laws of Pe,msylvania address is 6520: CARLISLE PIKE SUITE 155 MECHANICSBURG PA 17055 "Lender"). WHEREAS, Borrower is indebted to Lender in tile principal sum of U.S. $ 106,932.42 , which indebtedness is evidenced by Borrower's note dated 12/18/1998 and extensions and renewals thereof (herein "Note"), providing for monthly i.stallments of principal and interest, with tile balance of fi~.: h. icl ,. ',~,: ,:;. !~ ?.:,t sooner paid. due and payable on 01/02/2014 ; TO SECURE to Lender tile repayment of tile indebtedness evidenced by tile Note, with interest thereon: tile paynlent of · all other sums, with the interest thereon, advanced in accordance herewith to protect tile security of this Mortgage; and tile pertbrma,lce of tile covenants and agreements of Borrower herei,I contained. Borrower does hereby mortgage, grant and couvey to Lender the following described property located in the County of CUMBERLAND . State of Pe,msylva,da: ALL THAT PARCEL OF LAND IN THE SOUTHAMPTON TOWNSHIP CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AS MORE FULLY DESCRIBED IN DEED BOOK U-28 PAGE 301 ID339-37~2092-015 BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY DEED FROM JAMES H STAVER JR. AND NELLIE D STAVER HUSBAND AND WIFE AS SET FORTH IN DEED BOOK U-28 PAGE 301 DATED 12/13/1979 AND RECORDED 12/17/1979 CUMBERLAND COUNTY RECORDS COMMONWELATH OF PENNSYLVANIA BEING premises which are more fully described in a deed dated uie 27t:;h day ol: NARCH and recorded in the Office of tile Recorder of Deeds t)t' CUMBERLdMqD Pennsylvania, in Record Book 1441 , Volume , Page 120 BOOK::I.507 PAG£ ~48 1998 , County, Page I of 5 ARDEN MOORE FRANCES C .oORE 201111 12/18/1998 'TOGETHSR with all the inlprovelnellts now or hereat'ter erected oil tile property, and ail easements, rights, ;ippurtenance.s and rents, all of which shall be deemed to be and remain a part of tile property covered by this Mortgage; and all of d~: Ibregoing. tog~:ther with said property (or tile tcaseltold estate if this Mortgage is on a leasehold) are hereinafter ret~rred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except fi~r encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encunlbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fifllows: 1. Payment of Principal ami Interest. Borrower shall pnmlptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided ill the Note. 2. Fnntls for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium atd planned unit development assessments, if any) which may attain priority over this Mortgage and grould rents on the Property, if any, plus one-twelfth of yearly premium instalhnents for hazard insurance, plus one-twelfth of yearly premium installments tbr mortgage insurance, if any, all as reasonably estinmted initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to nmke such payments of Funds to Lender to the extent that Borrower makes such paynlents to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in all institution the deposits or accounts of which are insured or guaranteed by a Federal or stale agency (iucluding Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lelder may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, mfless Lender pays Borrower interest o~ the Funds and applicable law permits Lender to make such a charge. Borrower and Lelder may agree in writing at the time of execution of this Mortgage that interest ou the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the anmunt of the Funds held by Lender, together with the future nlontlfly installments of Fulds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessnlents, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly instalhnents of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and gromld rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender nmy require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first ill payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on tile Note, and then to tile principal of tile Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perfornl all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make paynlents when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, titles and inlpositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such anlounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All iusurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause ill lhw~r of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreemeut with a lien which has priority over this Mortgage. . oo 1,507m PA 0042.6 3/98 Original (Recorded) Copy(Branch) Copy (Customer) Page 2 of 5 ARDEN MO. ORE FRANCES C ...~ORE 201111 12/18/1998 'In the event of loss, Borrowe,' shall give pn)nlpt notice to the insurance carrier and Lender. Lender nmy make proof of loss it' not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condomininms; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not conmfit waste or permit impairment or deterioration of the Property and shall comply with the provision.~ of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit developmeut, Borrower shall perform all of Borrower's obligations under the declaration or covenants creatiug or governing the eondonfinium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make snch appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of nmking the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requiremeut for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Ulfiess Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any actiou hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to auy such inspection specifying reasonable cause therefor related to Lender's interest in the Propelty. 9. Condemnation. The proceeds of any award or claim Ibr damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. !0. Ec.:':'~;~:~.,? Nt.'.t Re!e?.:;ed; F,,;rb?~'~?e P.v L(':'!~r No.~ n Wai:,er. Exten~i,~ of the tinge for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any rammer, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Born~wer and Borrower's successors in interest. Any fi~rbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Snccessors and Assigns Bonnd; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the pn,visions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not persmmlly liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Born)wer or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given iu another maturer, (a) any notice to Borrower pn)vided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender nmy designate by notice to Borrower as provided herein. Any notice provided tbr in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the nmnner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The tbregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provisiou or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which eau be given effect without the conflicting provisiou, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" aud "attorneys' fees~ include all sums to the extent not prohibited by applicable law or linfited herein. .s00 1507 .650 I'A 0042-6 3/98 Or'l O':[.na'I (Recorded) Copy (Branch') Copy (Cugtom~_v'} Page 3 of 5 ARDEN MOORE FRANCES C .,OORE 201111 12/18/1998 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tilne of execution or alter recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill ali of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower e.lters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a Ibrm acceptable to Lender, an assig~m~ent of any rights, clainzs or defenses which Borrower may have against parties who supply labor, materials or services in com~ection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any i,terest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a ~mtural person) without Lender's prior written consent, Leuder may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. It' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or nmiled within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further corena,it and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifyiug, among other things: (1) the breach: (2) tile action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified iu tile notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration aud the right to assert in the foreclosure pn)ceeding the none;xistence of a default or auy other defeuse of Borrower to acceleration and forech)sure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding ali expenses of foreclosure, iucluding, but not linfited to, reasonable attorneys' tees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstauding Lender's acceleration of the sums secured by this Mortgage d,: to Borrower's breach, Borrower shall have the right to have any pn)ceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred: (b) Borrower cures all breaches of any other covemants or agreements of Borrower contained iu this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in entbrciug the covenants aud agreements of Borrower contained iu this Mortgage, and in enfi~rcing Lender's remedies as provided iu paragraph 17 hereof, including, but not limited to, reasonable attorneys' thcs; and (d) Borrower takes such action as Lender nmy reasonably require to assure that the lieu of this Mortgage, Lender's interest iu the Property and Borrower's obligatiou to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force aud effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additio~ml security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abando~m~ent of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, iii person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and nmnage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of nmnagement of the Property and collections of rents, including, but not limited to, receiver's fees, prenfiums on receiver's bonds and reasonable attorneys' tees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable alter a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. PA 0042-6 3/98 Original (Recorded) Copy (Branch) Copy(Cus~6mer) P~,ge 4 o£5 ARDEN MOORE FRANCES C .,CORE 201111 12/18/1998 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small qua.titles of Hazardous Substances that are generally recognized to be appropriate to nornml residential uses and to nmintenance of the Property. Borrower shall promptly give Lender written notice of any investigatio., claim, demand, lawsuit or other action by any governnmntal or regulatory agency or private party involving the Property and any Hazardous Substance or Envirmmlental Law of which Borrower has actual knowledge. If Born)wer Icarus. or is ,ratified by any govenm~ental or regulatory authority, that any removal or other re,nediation of any Hazardous Substance aftk'cting the Property is necessary, Borrower shall promptly take all necessary remedial actkms in accordance with Envinmmental Law. As used in this paragraph 22, "Hazardous Substances" are those substances deft.ed as toxic or hazardous substances by Euvimnmental Law and the following substances: gasoline, kerosene, other flanmmble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containi,]g asbestos or tbrmaldehyde, and radioactive nmterials. As used in this paragraph 22, "Enviro,unentai Law" means federal laws a.d laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. REQUEST FOR NOTICE OF I)EFAULT AND FORECLOSURE UNI)ER SUI'ERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a copy to P. O. Box 17170, Baltinu)re, MD 21203, of any default under the superk)r encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. wi e~ 'Fl ~ ~ __~ ~ 1K~ances C Moor~ Borrower Borrower I hereby certify that tile precise address of the Lender (Mortgagee) iS:Commer~cia_l_Cr~d_it_C,o_r~p _._6_5_2_0__C_a_r l__i_s 1 e____P i___k_e_ A_M_e_ ..c_ h_ ~ n i c__s_b _u_r_ g_z_P_.A _ __17_0._ _55_ ..................... On behalfofthe Lender. By: AM Del/~J. dlgg:ia ............... Title SR__CSiC .... COMMONWEALTH OF PENNSYLVANIA, Cumberland __County ss: On this, the 18th day of December Gretchen L Horick Arden A Moore and Frances C Moore , 1998 _, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose zmme i s subscribed to the within instrument aud acknowledged that they e~cuted the same for the..lq,gllr~es,: herein contained. // IN WITNESS WHEREOF, I heremm~ set mv hand and official seal -- -- // My Commission expires: I Gretchen k. ~k, Noa~ P~lic I ~./~ / ~ ~ -- ~'"'~O'* :' ''"* I Silver Spring lq., C~bed~ ~ I ~J ~ PA {~42-6 3/98 Original (Recorded) Copy(Branch) Copy (Customer) (Space Below This Line Reserved For Lender and Recorder) ?""r '~'~ ~; ~":' , i. the Office for Recordiug RECORDER Disclosure Statement, l'%te al~d Security Agreeme,-t !lB-rn}v, erls} (Name and nmililJ.g address) . . J Lender (Name. address, oily and slale) Account ARDEN MOORE J COMMERCIAL CREDIT PLAN 201111 F~NCES C MOORE ~ CONSUMER DISCOUNT CO. 128 NEIL RD ~ 6520 CARLISLE PIKE SUITE 155 D~eof~o,n SHIPPENSBURG PA 17257 ~ MEC~ICSBURG PA 17055 12/18/1998 ~NNUAL PERCENTAGE ~'I'E ~FINANCE CIIARGE ~mou,,, Final,ced ~Total of Paym~ ,ts ' The cost of Borrower's credit as I T]I~ dollar alllOtlllt 1]1¢ cred t w [ Borrower or on Borrower's betmlf. J paid after ~rrower has made all a yearly rate. [cost Borr,,wer. I ~he alllOtlllt of credit provided tt~ [ Tile am,null Borrower w lave / J I)ayJncnts as schedoled. ~ 10.25 %~$ 101,077.11 ~$ 104,835.71 ~$ 205, 912.82 Payment Schedule: Securi~: If checked. Borrower is giving a securi~ Number of AlnOlmt of Wllell PaylllelUs Paynlents PaymelltS Are Due $ i ' See tile contract dt<ulnelnS tilt ally addiliollal illfilrlllariOll About IlollpaylHelll. (~fatlll, ally re(luired rel)aylnent in fidl I)efi)re tile scheduled (~te. and prepaynlen[ refimds and )ennlties. Additional Ilffonnation: : I'RINI 'IP?.I ...... I~ilNlS ........ } i)A Iii ('IIARllE~; BI[GiN s 106 932.42 ]s 2 096.71 I 12/23/1998 ~ ............... ~ ....... ~ .......... L .............. !X! Real Prt)perly I, ] Mol)lie Honle or Manufactured Honle Late Charge: If a paynleot is more than 15 ~ys lale, Borrower will be charged a la~e charge of llle greater of $20.00 or 10.0 · of the paymem amoum. Prepayment: If Borrower pays off early, Borro~r: f -] will n,,, Ix] ,nay have ,o ~y, ~,,al,. and wil'] not be entitled to a refmd of part of the finance clmrg~. Demand ~eatore: ;~.'i ~"' ~.,..¢.b,. [~ ~ Ti,i. ,,,.,i~,i,.,, ,,... ' featu~. ~ ~ ~ ~ in this d~mnm~ In that event, insnraatJe I~ protect the Lender's Interest In the collateral may ~ reqnired I ender'~ ~ decision to grant credlt will no2 be affected by Borrower's dc~hlon to porcha~ or refnse optional Insurance prodncts, seth ~: Credit Life, ~ Credlt DLqabllity, lnvohmtary Unemployment Insnrance, Credlt Property Insnrance or any other optional insnranee products. Insurance offered at Len~r's office, with the exception of Noa-FilMg lnsnrance, will not be provi~d noless Bom}wer signs and agrees to pay the premimn cost. The lean of coverage and the p~mit.n cos[ of certaM ~s of insnrance p rcl ased by Borrower a~ shown below. A~itional insurance products, if purchased, will have a serrate application and will be disclosed h~ off,er Iron di~uments. The bfifial amount of coverage for Cre~t Lif~ i ancot Qredit Pro~rW Insorance set forth h~ Borrower's fl~sarance certificate may be eqnal to the Total of Payments stated above, and may exceed the ' am.ual necessa~ to lmy off Borrower's loan al any given time. Any excess coverage amount will be ~id to the Borrower or to the ~sig rated ~ beneficia~ or to Borrower's estate, as applicable. i Borrower acknowledges that, if optional Credit Pro.fly lnsnrance is parchased, Borrower's pro~rty coverage nnder other ~llcies snch as ', homeowner's or renter's insurance may be adversely affected ~ If this loan is s~<ared by real property, mobile/mannfactnr~ home, or a motor vehicle (inclsding a recreational vehicle), then fire, extended c.vcragc, collision and/or comprehensive casnalty insnrance is reqoired, naming Lender as loss payee, sntil the loan ts rally paid. The amount ~ of stroh insurance iotlsl be sufficient to salis~ the unpaid balance of the loan, or be equal to the value of the collateral, whichever is less. Such , insurance may be provkbd thnmgh an existing I~licy or a i~licy obtained inde~ndently and purchased by Borrower. Borrower nlay obtain snch [ hlstlrallce from ally hlstlrer that is reasonably acceptable lo Lollder. If Borrower oblaills Automobile Sillgl~-lllt~rosl [llSllrall~O at Leader's office, I Borrower acknowledges thai StlCll hlsurallc~: {I ) Inay cost niece than insllrallCe Ihat is available from aoolhor insurer; (2} will tally protecl Lender's I illleresl hi the motor vehicle and does ilot prolecl Borrower's hlleresl; alKI {3) d~s i1ol prolecl Borrower from clailllS by other pe~ons. [f Ibis loall ~ secured by ~rsonal prope~. Non-Filing insnrance may be required. I Termination nf Insnrance: Borrower may cancel any of tho optional illstlraace products obtained at Lender's office at ally time. Addilionally, if I required insurance tennillales bel~re tile loan is ~id. Borrower promises to oblain acceptable substiluto hlsurance. If Borrower is in tbfaolt, and ~ Lender deman~ that Borrow0r hnlnedialely repay the loan in foil. Borrower aothorizos tile hlsurer for a~ly an~or all optional hlsurallCe pr{ffiac~ to aulhorizes and directs tllal tile insurer deliver the premium retired, if any, lo [be Looder which olay at its option apply it to tim tmpaid balance .f the loan or ~Rlnl it to Borrower. Aoy sucll application of premiutn retired will not affect the amount or due ~te of subs~qtlent ~yments on tile hmn, but may redtlcO the ii,tuber of such paymolUS. Borrower shonld refer to the terms contained in the applicable certificate nr policy i~nned for the exact description of benefits and exclnsions. Borrower is encmlraged to inqnlre aho0t coverage anti retired prnviqinns. The rego~r monthly loan payment withont insnrance: $1,031.53 . I/We reqaest the folh,wh~g insurance: $ NONE ' , $ NONE TERMS: In this Disclosur~ Stalement, Note and ~curi~ Agreement. the word "Borrower" refers to the p~rsons ~igning below as Borrower. whether one or more. If more than one Borrower signs, each will be responsible, imlividually and together, fi~r all promises made and fi~r repaying the loan in fillL The word "Lender" refers to tile Lellder. wh.se name alld address are shown above. PROMISE TO PAY: In re,mi fi}r a loan that Borrower has received, Borrower promises to pay to the order of Lender the Principal amount sh,wn ahove, plus interest on tile unpaid Principal balanc~ from the Date Charges Begin shown above until fidly paid al the following Rate of Interest: RATE OF INTEREST: 09. 8988 ~ ~r ammm on tile en6re unpakl Principal balance. Ally at}lOltllt showo above as Poillts has beell paid by Borrower as pohl{s 8lid filly amoull{ sho~'I1 below ns a Buydowl] Fee has I)eell paid by a par~ other thall Borrower as a buydowll fee. These amolmt$ ar~ COllsi(~red prepaid charges alld are ill addition to the above Rate of Iilleres{. Ally Pohlts or Buydown Fee are earned prior t9 any other h]terest o t ~e loan balaoce, and in the event of prepayment of the loan, will not be refim~ble to Borrower. SNONE has Been paid hy a par~ oth~r than Borrower aa a Buydown Fe~. Principal and htte~st shall be payable io the snbstantially equal monthly ins~lhnents shown above, except tlmt any appropriate at~astments will b~ made {,, the fi~t and final payments, beginning on the firsl payment t~te shown nbov~ and continuing on the sam~ {~y h~ ~acll fifllowhlg month until paid ~l unless this loan is sul~ect to a call provision as iodicated, m which event Ibc final payment ~t~ may be accelerated. Upon the final payment ~t~ or the acceleration thereof, the entire {mtstanding balaoce of Principal mid inter~st evidenced by this Disclosur~ S[at~nlent. Not~ and Securi~ Agre~nlent shall be due and payable. Ally paylnelll(s) Which Le~lder accepts after the final payment t~te or l}le acceleration IIl~f do lIot COllStitute a renewal or eXlellSiOll of this leal1 Illl[eSs Lender so detennhles. Pcnnsyb'ania 25422-8 6/97 Original (Branch) Copy(Branch) Copy(Customer) Page I of 4 ARDEN MOORE FRANCES C MOORE 201111 12/18/1998 Each paylnellt will be applied t~rsl to hllerest cot~tl~tlted lo tile dale of payment, witll Ibc remainder apl;.~ed to Prhlcipal. Lender may collect in~eres~ from and at, er mamri~ aud after a judgemenl is ente~d tq~m Ibc un~kl Principal balance at either rite maximum rate permitted by tim tiler1 applicable law or lhe rate of inte~st prevailing trader this Disclosure Statement. Note aud ~cttri~ Ag~ement. ~ ~ If fl~is box is cbecked, tim following provision appli0s: ' , CALl,: LemUr. at its option. ~nay ~clare any remah~ing ht~bbte&~ess hmnediately dne and payable years after tim c~le o~tl~i%~oan ammally tbereafmr Oil tile amliversa~ of that t~te. LATE CHARGE: If any h~stalhnent is paid more than 15 days after rite scbeduled payinent t~te. Borrower agrees Io pay a late charge of the greater of S 20. O0 or 10.0 ~ of/lie instalhneot amount. Lendar may. at ils option, waive any late charge or ~srtion thereof withont waiving its right requi~ a late charge with regard to any other late paymeuL PREPAYMENT: Borrower may make a ~ll or partial prepayment of the mqmid Principal balance al any time (cbeck applicable box): ; ~ without penalW. if fl~is loan is seenred primarily by a Mortgage or Deed of Trttsl on ~sidanlial r~al pro~r~ and Borrower p~pays ll~is loan hi fitll during tbe first five (5) yea~ from tbe Da~e of Loan. Borrower agrees to pay a prepayment charge, hi addition lo ally accrued inleres{ and charges, equal io six (6) months inleresl on Ibe average bala,ce of lite priucipal obliga6on otttstanding as of the last business day of each i,onfl~ for tl;e prior six (6) months. or sttcb lesser ~ritM as shall bare elapsed from lite Date Charges Beghn al rite Rate of Interns{ prevailh~g tm&r Ibis Disclostt~ Slalement. Nole and Secnri~, Agreement. If pre~yment t~cnrs after five (5) years from ~be Dale of L~n. there will be i1o prepaymeot When Bt}rrower makes a prepaymel;t, Borrower will tell Lendar in a letter Ibal Borrower is doing so. Lendar will use Borrower's prepayments to reduce tile amount of un~id ioterest and charges and tbe amounl of priueipal that Borrower owes under /bis Note. If Borrower snakes a partial prepaymeut. Ihere will be no delays in tbe due &re or cbauges in the amounts of Borrower's inon/bly ~ymm, s. ttnl~ss Lendar agrees hi writing to any such delay or cbauge. Bora~wer nll¢~tall¢~ if lira terms of Ibis paragrapb provida tk~r a p~payment penal~, such lenos do not apply to a renewal or refinancing of Ibis loan by Lender. nor to Ibc prepayment of this hmu from the pn~eds of any loan ma~ bt tile ~ltur~ by Len~r to Borrower. No prepayment charge will be collecled if lhe loan is accelerated due to ~ndar's exe~ise of any dne on sale clause in lira Deed of Tntsl securbtg Ibis obligation. SECURITY: ~is limn is secu~d by a lien againsl the real prol~r~ I¢~ated at ~28 H~Xb RD SHXPPEHSBURG PA ~7257 See Mortgage or Deed of Tn;st for leans applicable to Leilder's h~/erest in Borrower's ~al prop~r~ ("Pro~r~). INSURANCE: If Borrower pu~bases any flmuranc~ at Len&r's office. Borrower un~rslanda and a¢~lowl~dges lhal (I) tim flisnranee company may be affiliated with Len&r. (2) Len~r's employee(s) may be an agent fi~r the ittsnranc~ company. (3) stteb ~tnploy~e(s) is not ac/h~g as tim agent, broker or fiducia~ for Borrower on Ibis loan. but may ba tim agent of lll~ insttranc~ company, and (4) Lml~r or lbs hlsuran¢~ com~ny may raal~ some benet~l from tim sale of flint fllsurance. If Borrower t~ils to ~}tah~ or tna~/afl~ any required ~snrane~ or fails to &signam an agent through whom insurance is to b~ obtahmd. Lm~r may pttreltas~ sttch r~quir~d ~lsurance for Bor~wer through an agent of ~n~r's choice, and tim alnotmts paid by Lent~r will be added to tim unpaid balance of tim l~n. RETURNED CHECK FEES: Lender lnay dmrge a fee. not to exceed $20.00. if a check, nego/iabl~ or~r of withdrawal or share draft is ~mnmd for iusttfficiel, fltn~ or ~tsufficient ¢rediL DEFAULT: Borrower will be hi &fault if he dt~s not make any scheduled payment on thne or fails to comply wifli rite provisions of any mortgage ou the real pro~r~ wbicb secn~s this loan. If Borrower dethnl/s. Lendar Inay raqui~ Borrower to repay tim ¢ntir~ tmpaid Pr~cilml ba~nc¢ and any scented interest at once. Len~r's failnre to exe~is¢ or delay in exercisfllg any of ils rights whell ¢~fanlt t~curs dtms nol ¢ollsli~le a waiver of lbose or any other rigbls under this agr~e.nent. Aa ~nnitled by Pe;msylvania Law. Borrower agrees to pay sepal and ~asonabl¢ attorney's ibis. cotlrt coals, and other acflml and reasonable costs bieurred hi fo~closh~g otCtbe real pro~ secnrh~g this ltmn. Borrower will receive written notie~ at l~ast 30 days prior to fo~clostt~. LAW THAT APPLIES: Pemmylvania law and fedaral law. as applicabla, govern this Disclosure Stalemenl. N.te and SecnriW Agreelnent. If any part tment~rceal)le. Ibis will not make any other part Utlenforceable. In ilo event will Borrower be ~quired 1o pay interest or cbarges ill excess of those penni~led by law. Borrower. em~rsers, sullies and gtmranlors, to the exlent ~nnitled by law. seve~lly waive their right to ~quire L~n~r to ~mand payment of alnotlll{S due. to give IlOlic~ Of amotm{a that have iit}{ been paid. ~o ~c~ive noliG~ of any ~xlensiolls of lime to pay which L¢nt~r allows to ally Borrower and ~o require Lender to show particular diligence in bringing suil agahtsl anyon~ responsible for re~ytneul of this loan. and a&btionally, waive of homestead and exmoption laws now h~ forc~ or laler enacted, including stay of execution and ¢on~mnation. on any pro~r~ securing this loan and waive the benefit of vahmtion and appraisement. This Disclosure Statement. Note and ~curi~ Agreement shall be tbe .iohtt and several obligation of all makers, sullies, guarantors and endo~¢rs and shall be bhlding olx}o them. tlmir heirs, successors. I~gal repres~utalives and assigns. If any part of tim Disclosure Statelnent. Note and Securi~, Agreetnenl and. if applicable, tim Morlgag~ or Dead of Trust and accompanyh~g Itemization of Amouot ~inanced is unenforceable, this will not make arty oflmr part tmenforceabl¢. REFINANCING: Borrower bas b~¢n advised by Lendat tbs{ Ibc overall ¢os~ of ~financing an ~xisth~g limn balanc~ may be greater than tim coal of keeping tim ~xis{hlg loan and obtah~h~g a aeColld loan for any additional ~n~ Borrower wishes to borrow. (Intentionally left blank) I'cnnsyh':uli'.t 25422-8 6/97 Original(Branch) Copy(Branch) Copy (Cu s tome r ) Pagc 2 of 4 ARDEN MOORE FRANCES C MOORE 201111 12/18/1998 ARBITRATION PROVISION: ' ' RI{Al) THE I:OLI.O%VING ARIIITRATION PROVISION CARI'~FUI.I.Y. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDIN(; Ir'OUR RIGHT TO OETAIN REDRESS THROUGH COURT ACTION. , . ' Ill consideration of Lender nmkiog the extension of credfl described above and other gmK[ and val~ble considerations, the receipt and sufficiency which is acknowledged by both parlJes, it is filrlher agreed as follows: ; Definitions for Arbitration Prov~Jon. As used M this Ad)Jtrafion Provision CProvision"). the fifllowh~g defimtions will apply: '~ : "Yon" or "Your" means any or all of Borrower(s) who execute Ibis Provision, sad their heirs, surviw~rs, assigns, and representatives. ' "We" or "Us" mesas Lender. any assignee, together wJlh flleJr ~s~clive co.orate parents, sabskliaries, affiliates, predecessors, assignees, sllccessors. ~ employees, ageats, directors, and officers (whether ncling in their co.orate or individnal ca~ciW). "Credit Transaction" Ill.ailS any one or more past, present, or fimtre exlension, application, or mqui~ of credit or fi~rhearance of payment such as a ~ hmo. ~tail credit agreement, or otherwise t~om ally of Us Io Yon. 'Claim" recalls any case, ctmtrov~rsy, dispule, tort. disagreement, lawsuit, or claim now or he.after existing b~tween Yon and Us. A Claim inclndes : withoul limitation, aoylhing thai This Provision: Any ~st. present. -r figure Credit Traosaclim~; Ally past. i)resell{, or foltlre insurance, service, or prtKlucl that is ofl%~d in col~lecfioll with a Credit Traosaetion; Any act or omissioo by any of Us ~gardmg any Claim. Agreement to Arbitrate Claims. U~n written requesl by either ~r~ tllat is submitted according lo the applicable niles lbr arbitralion, soy Claim, except those s~cified below fi~ this Provision, shall be resolwd hy bhidhlg aWJtralioa in accor~nce with (i) the Feebral Arbilmtioa Act: (ii} the · Expedited Prt~edn~s of Ihe Commercial Arbitratioo Rnles of the ~neriean A~itrali.n Asst~iation ("A~niaistrator"); and (iii) this Provision, unless we ~both ague in writhlg to forgo a~itration. The terms of this Provision shall control ally inconsislency between the ~fles of the A~nblislralor and this ] Provision. You may obtain a copy of the Arbitration ~les by calling (8~) 778-7879. ~ly par~ to this Provision may brhi$ an action, bleladhl~ a ~ sununa~ or ex~dJled pr~eeding, lo corelli 8~ilratJon of a~ly Clahn, am~or h) stay lite liligalion of ally Claims pending a~itratioll, hi ally coati having jurisdiction. Such mo[ioo may I~ broagh[ at any {hne. even if n Clahn is part of a lawsoit, up notil tho ent~ of a final judgment. Examples of Clainls that a~ governed by this Agre~men[ inclm~ those involving: The Troth in Lending Act attd Regolation Z; The Eqnal Credit Oplx~rtuni~ Acl and Regulation B; State iosurance, usus, and lendin~ laws: fraud or misrepresentation, including claims fi~r failiog to disclose malerial facts; Ally other federal or state consumer protection statule or regalation: Any park's execution of this Provision an~or willingness to b~ bound by ils terms and provisions; or Any dispate about closhlg, semiciag, colleclh~g, or cafe<big a Credit Transaction. Judgmen{. Judgment apon any arbitration award may be eat~d h: any court havh:g jurisdiction. Claims Exchl~ed from Arbitration. The following ~s of matters will not be arbitraled. This ~n~ans that neither on~ of ns can ~quire arbitrale: · Any aclion to effect a foreclosure to t~nsfer lille lo tile pro~r~ being foreclosed; or · Al~ matter whe~ all parties seek moneta~ {~lnages in the agg~gate of $15,~.~ or less io total ~mag~s (com~n~to~ and punilive), costs, and t%es. ~ However, shotfld either par~ iniliate afl~ilrafion, dm other ~r~. a~ ils oplioa, may seek htjuacfive and mooela~ ~lief h~ arbilratioa. Partici~ling h~ a ~ lawsuit or seeking enfi,rce~nent of this section I)y a court shall not waive the right to arl)ilrate any other Claim. Addithmal Terms. Adminislrgfion~f Arbitration. A~ilration shall be a&ninis~red by the Administrator. but if it is onalde or unwilliag to a~hninister the arbitration, then J'A'M'S/Endispme, Inc. will administer any adfitration reqaJred nncbr tiffs Provision pursuaot to its Streamlh~ed A~itration Rules and Pnmedores, excepl fi~r any apical, which will be governed by Rale 23 of the Comp~hensive Arbilration Rules sad Procedures of J*A*M'S/Endispute, Inc. p~ace et 6_O>]tr_~jp1)_. The arbitration shall be condncted in the conn~ of Your resinate, unless all parties agree 1o another l~ation. Timing 9f ~ea[ing. The adfitmtion hearing shall commence within nioe~ (~D {~ys of th~ demand fi~r a~itralion ma~ to the Athninistrator in accort~llCe with ils roles. Apl~.l: Eilber You or We may ap~al the adfitralor's award to a three-arbitrator panel selected through the Admhfislrator. which shall reconsider ~ rowe any aspect of the hlitial award requested by Ihe spiraling ~r~. The expedited procedures of the A{hninislrator shall no~ govern any appeal. An ap~al will be governed by Role 23 of the Comprehensive Arbitratioa Rules and Procedures of J.A*M*S/Eadispute, blc. No Class Actions/No Joh~r of Parties. Yea agree that any a~ilration pn~eedh~g will ooly consi~r Year Clahns. Clahns by or on behalf of other borrowe~ will not be a~itrated in any pn~eeding tlmt is consi~rhlg Year Claims. Similarly, You may not .iob~ with other borrowers to brh~ Clahns hi die salne arbitration pr~oeding, nnless all of the borrowers are parties lo the satne Credit Transaction. Lflnitatioo oo ~nitive.Dan~g~. If applicable law ~nnits the award of punitive t~mages and tile a~it~tor autho~es stroh all awaY. ally punitive I ~lnages awarded to You or Us may not exceed the greater of $250,~.~ or three limes tile amount of nell compensato~ ~magos awar~d by rile arbit~/or. p~p~ipas: After a demand fi~r arbitration is ma~, You and We may conduct a limited aumb~r of de~silioas by matual agreement. Any disagreements over {~)sitions will be resolved by the a~itrator. Cosls. ~le cost of any adfitmlion pr(~eeding shall be divided as follows: The ~r~ making d~malld upon tile A(hninislrator fiw arbilralion shall pay $125.{~) to the Admiaislrator when lira demand is made. We will pay to the A&niaJstrator all other costs t~r Ihe ad}itration prt~eeding up to a maximum of eec {~y (eight hours) of Ilearhlgs. All costs of Ihe arbitration prt~eeding that exceed one ~y of bearings will be paid by Ihe non-prevailillg par~. tn the case of an ap~al, the appealing party will pay any costs of initiating an ap~al. Th~ noa-prevailhlg ~r~ shall pay all costs, t~es. and expenses of the appeal proceeding and. if applicable, shall reimburs~ Ihe prevailing par~ fi~r lhe c~st of filing an appeal. · Each parW shall troy his/her own attorney, expert and witness t~es and expenses, unless olherwise mqui~d by law. Right of Rescission. You may rescind any Credit Transaction within three business ~ys after closing hy retumhig all prt~eeds (if any) to Us wilh a written notification of Your rescission. If You ~scind a Credit Transaction within three business {~ys after closing. Yon may also rescind this Provision as it applies to tl~e C~dil Transaction that You ~schl~d. This right lo cancel the Credit Transaction is h~ a&lilion to any other right to cancel a Credit Transaction You may have ooder Federal or State law, or as may have been communicated to You in writing by Us in ally loan solicitalioa. Governing Law. This Pmvlsion is governed hy federal law and by the laws of the state where the closiag of the Credit Transaction took place, but only ' to fl~e extent thai such state laws a~ consistent or co~npalible with federal law. Neverabillty. [f lhe a~fitrator or soy court detertnines that one or more terms of this Provision or the arbitration niles are unenfo~eable, such t~lenninalion shall not hnpair or affect Ibc enfi~rceabili~ of tile t,tiler provisions of lhis Agreement or tho arbitration rules. Special AcknowltMgmengs., %m ande~tand and :lcknowlt~ge by signing Year name Io th[~ Provis~n that: ([) a court and/or jury will ~ hear or decide any Claim gm'erned by thb Prov[~ion, (Ii) the landing fi~r Your Credit Transacthm will come in ~'hole 0r in part fram soarces m tslde th s state, which will c. nslitute ~nterstate commerce within ~he meaning nf Ihe Unitt~ States Arbitration Act, 9 U.S.C. ~1-9, (iii) all. every in an arbitration proceeding can be much more limited than in a court proceeding, (iv) the arbitrator may not give wrillen re.sons for htr/her award, tv) rights to ap~al an arbitration award are very limiled, and (vi) the rights of the ~rties hereander may not be exactly mataal in all r~peets. READ THE ABOVE ARBrrRATION PROVISION CAREFUI.LY. IT LIMITS CERTAIN OF YOUR Borrower's Initials: ~/~ I'em~sylvaMa ~f4~-~ 6/9~ Origln~l (Br~nch) Copy(Br~neh) Cop~(Custo~er) Pa~e 3 of 4 ARDEN MOORE FRANCES C MOORE 201111 12/18/1998 Tile followi,,g notice applies only if lifts box is checked. ~_~ NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WIHCH DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEI~I)S HEREOF. RECOYER¥ HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY Tl~l~ ~EBT~[JB ii EREUNDER. By signiog below. Borrower agrees to tile lenos conlained herein, acknowledges ~ceip/ of a copy of lhJs Disclosure S~lemenl. Note and Securily Agreemem and. if applicable, the Morlgage or Deed of Trusl and of Ihe accompanying Ilemization of Amount Financed, and amhorizes thc disl)ursemenls s~a~ed therein. Pc,m~ylvania 25422-8 6~97 Orie~inal (Branch) Copy(Branch) Copy (Customer) Page 4 of 4 DESCRIPTION ALL those two certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT #1 BEGINNING at a nail in the center of public road leading from Shippensburg to Cleversburg known as Route 21050 at corner of lands of Lois A. McCurdy; thence along center line of said public road South 17 degrees 39 minutes East 74.2 feet to another nail in the center of said public road; thence by lands of, now or formerly, Louetta G. Stavrer, South 73 degrees 42 minutes West 247.57 feet to an iron pin at the corner of land, now or formerly Louetta G. Stayer and Tract No. 2; thence by the same, North 17 degrees 39 minutes West 78.2 feet to an iron pin; thence by the same North 74 degrees 37 minutes East 89.3 feet to an iron pin; thence by lands of Lois A. McGurdy, North 74 degrees 37 minutes East 247.7 feet to a nail in the center line of public road known as Route 21050, the place of BEGINNING. TRACT #2: BEGINNING at an iron pin, thence along the rear line of Tract No. 1 and lots of, now or formerly, Louetta G. Stayer, Lyle Bell and James Eutzy, South 17 degrees 39 minutes East 598 feet to an iron pin; thence along land of Ray Witmer South 78 degrees 26 minutes West 285.9 feet to a post; thence by other lands of, now or formerly, Louetta G. Staver, North 12 degrees 07 minutes West 580.8 feet to an iron pin; thence by the same North 75 degrees 02 minutes East 229.1 feet to an iron pin, the place of BEGINNING. CONTAINING 3.45 acres SUBJECT to the right reserved to the Grantors, their heirs and assigns to a water pipe crossing the above described premises from North to South with the right reserved to the Grantors, their heirs and assigns of a user in common with the Grantors, their heirs and assigns in said water line. PARCEL I.D. NO. 39-37-2092-015 EXHIBIT "B" (61 O) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaa~je on your home is in default, and lender intends to foreclose. Specific informgtion about the nature of the default provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home .This Notice explains how the prooram works. To see if HEMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELINC: AGENCY WITHIN 30 DAYS-OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling agency. The name, address and phone number of the Consumer Credit Counseling A~encie,: serving your County are listed at the end of this Notice. If you have any q[iewtions, you may c~ill-the Pennsylvania Housing Finance A;encv toll free at 1-800-342-2397 (Person,: with impaired heann~l can call (717) 780-1869.'-' - This Notice contains important legal information. If you have any questions, reDresentatives 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 Ioca/bar association may be able to help you find a lawyer. LA NOTIFICAClON EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR ¥1VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT "C" Mr. Arden A. Moore 128 Neil Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 2 January 15, 2003 Mrs. Frances C. Moore 128 Nell Road Shippensburg, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 HOMEOWNER'S NAME(S): ARDEN A. MOORE AND FRANCES C. MOORE PROPERTY ADDRESS: 128 NElL ROAD, SOUTHAMPTON TOWNSHIP SHIPPENSBURG, COUNTY OF CUMBERLAND, PENNSYLVANIA 17257 LOAN ACCT. NO.: 20-0051-0275438 ORIGINAL LENDER: COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. CURRENT LENDER/SERVICER: CITIFINANCIAL SERVICES, INC., F/K/A COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 "ACT"), EMERGENCY MORTGAGE ASSISTANCE!THE YOU MAY BE ELIGIBLE FOR · 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 FORECLOSURF - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Durin, that time, yo.u must arrange and attend a "face-to-face" meeting with one of the consumer creditg counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THF NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGF ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART ~ . OF THI,_ NOTICE CALL_E_D__H_O~W TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS H BRING YOUR MORTGAGE UP TO DATF OW TO 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 pumbers of designated consumer credit counseling agencies for the county in which the property is located are set f~rth at the end of this Notice. It is only necessary to schedule one (1) face-to-fa-ce meeting. Advise your lender immediately of your intentions. Mr. Arden A. Moore 128 Nell Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 3 January 15, 2003 Mrs. Frances C. Moore 128 Nell Road Shippensburg, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of 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 Homeowner's Emergency Uo~gage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emer ency Assistance Pro~lram Application with one of the designated consumer credit counse¥ing agencies listed at the ena 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are ve limited. They will be disbursed by the Agency under the eligib~ity criteda established by the Act. rYThe Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dudng that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified d~rectly 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 (Brinq it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 128 NElL ROAD, SOUTHAMPTON TOWNSHIP SHIPPEI~SBURG, COUNTY OF CUMBERLAND, PENNSYLVANIA 17257 IS SERIOUSLY IN DEFAULT because: Ao YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: Mr. Arden A. Moore 128 Neil Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 4 January 15, 2003 Mrs. Frances C. Moore 128 Neil Road Shippensburg, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 REGULAR MONTHLY PAYMENTS OF $898.70 FOR 9/02 THROUGH AND INCLUDINC 1/03 (5 PAYMENTS) SUBTOTALING $4,493.50; Other charges (explain/itemize): LATE CHARGES IN THE AMOUNT OF $114.25; APPRAISAL FEES IN THE AMOUNT i~F $225.00; ADD-ON INTEREST CHARGE OF $2,239 59 TOTAL AMOUNT PAST BUE: $7,072.34 ' B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7,072.34 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's ..check, certified check or money order made payable and sent to, MS. JANA GANTT, FORECLOSURE ANALYST CITIFINANCIAL SERVICES, INC., .7467 NEW RIDGE ROAD, SUITE 200 HANOVER, MD 21076 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT - If you do not 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 made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to ~ts attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to a t..hr(~creeeac~..o..n_a_bl_e__a_tt.o_r~n_ey,'s fe.es t. hat were ac!,,u,ally incurred, up to $50.00. However, if legal P y !-' ~u,,u~ are s[ar[eo aga~ns[ you, you wi, nave to pay all reasonable attorney's fees actually ~ncurred by the lender even if they exceed $50.00. Mr. Arden A. Moore 128 Nail Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 5 Janua~ 15,2003 Mm. Frances C. Moore 128 Nail Road Shippensbu~, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defau t within the THIRTY (30) DAY Deriod, vou will not bo required to pay attorney's fees. ' OTHER LENDER REMEDIER - This 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 SAI. F - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proCeedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff,,; Sale. You may do so by paying the total amount then past due, plus an late or other char! es t due, re.aso, na.b, le..atto..r, ney.:.s fe..es, and costs.co,nnected wi!h the foreclosu;Ye sale and any other cosh-t.,el~ connec[e(] wire me 5natl. s 5a~e as speci~eo in writing by the lender and by performing any othe~ 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 DATF - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will besent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiFinancial Services, Inc. Address: 7467 New Rid.cie Road. Suite 200, Hanover, MD 21076 Phone Number: (800) 4~-~-7876 FaxNumber: (410) 689.1610 . Contact Person: Ms. Jana Gan[~ Attorney for Lender: Frank L. Ma|czan, Jr., Esauire Address: 3644 Route 378, Suite A, Bethlehem,-PA 18015 .Phone Number: (610) 317-0778 Fax Number: (610) 317-0782 Mr. Arden A. Moore 128 Neil Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 6 January 15, 2003 Mrs. Frances C. Moore 128 Neil Road Shippensburg, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 .EFFECT OF SHERIFF'S SALF - You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who Will assume the mortgag.,e, debt, , provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT' · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Mr. Arden A. Moore 128 Nell Road Shippensburg, Pa. 17257 Mr. Arden A. Moore 29 Town Mills Road Shippensburg, Pa. 17257 Page 7 January 15, 2003 Mrs. Frances C. Moore 128 Neil Road Shippensburg, Pa. 17257 Mrs. Frances C. Moore 29 Town Mills Road Shippensburg, Pa. 17257 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, Pa. 17325 (717) 334-1518 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, Pa. 17104 (717) 232-9757 Loveship, Inc. 2320 North 5t~ Street Harrisburg, Pa. 17110 (717) 232-2207 Urban League of Metropolitan Hbg 2107 N. 6'"-Street Harrsiburg, Pa. 17101 (717) 234-5925 CCCS of Western Pa. 2000 Linglestown Road Harrisburg, Pa. 17102 (717) 541-1757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, Pa. 17268 (717) 762-3285 PHFA 2101 North Front Street Harrisburg, Pa. 17110 800-342-2397 ',... Very~ours, FLM,JR:dmd ~ CERTIFIED MAIL~RETURN RECEIPT REQUESTED FIRS T CLA SS MAIL/CER TIFICA TE OF MAILING ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIALSERVICES INC VS MOORE ARDEN A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOORE ARDEN A the DEFENDANT at 29 TOWN MILLS ROAD , at 1929:00 HOURS, on the 25th day of February , 2003 SHIPPENSBURG, PA 17257 by handing to ARDEN A MOORE 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 Service Affidavit Surcharge 18 00 13 80 00 10 00 00 41 80 Sworn and Subscribed to before me this /o ~ day of ~ ~ A.D. ? ~othonotary So Answers: R. Thomas Kline 02/26/2003 FRANKBy:.L MAJC~ JR~ ~-~'l ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS MOORE ARDEN A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOORE FRANCES C the DEFENDANT at 29 TOWN MILLS ROAD , at 1929:00 HOURS, on the 25th day of February , 2003 SHIPPENSBURG, PA 17257 by handing to ARDEN A MOORE, HUSBAND 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 Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this f~ day of ~ ~k~ A.D. ~ ; Prothonotaz~y ' ~ So Answers: R. Thomas Kline 02/26/2003 FRANK L MAJCZAN JR By: %~ ~ . Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against: Defendants and/or responsive pleading for want of an appearance (x) Assess damages as follows: Debt .................................... Interest from 2/18/03 --- Attorney's Commission ........ TOTAL ................................ $101,702.61 $ 902.14 $ 4,895.35 $107,500.10 (x) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (x) Pursuant to Pa.R.C.P. 237.1, I certify that written n~ the~,t~t~ion to file this praecipe was mailed or delivered to the party against whom judgment is to ~ entered md to,his/her Attorney of Record, if any, after the default occurred and at least ten da-ys~ior to t~e datA, o~ th~ fil~ of this Praecipe and a copy of the notice is attached. ~'"-~----~//) ~,,J~ - DATE: April 2, 2003 ~,,~g~ata1'~'-.' ~ M-/"c--"L X !. Print Name: FRANK L. M~]C~, JR., ESQUIRE Attorney for:~" Y Address: 3~A -- BETHLEHE~ ~)A. 18015 Telephone: (610) 317-07~8 Supreme Court ID No.: 17638 NOW, ~1~.,.~, 20 03, JUDGMENT IS ENTERED Prothonotary/Clerk,' Civil Divi~i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICF STATE OF ~ o~-~ ) ) SS.: COUNTY OF .'~c~6~.~.,~,. ) The undersigned, being duly sworn according to law, deposes and says that to the best of his/her knowledge, information and belief, the Defendants, Arden A. Moore and Frances C. Moore, are adult individuals; that their last known address is 29 Town Mills Road, Shippensburg, Pennsylvania 17257; that their employment is in private industry; and that they are not in the Military or Naval. Service of the United States of America or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and/or its amendments. SWORN TO AND SUBSCRIBED before me this z~'~h:lay of ¢,~-c(._._, 2003. NOTARY PUBLIC CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL ,,".:,cA ~,,"~uH P~N CONSUMER DISCOUNT CO. - : COMMI~ION ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION- MORTGAGE FORECLOSURE TO: ARDEN A. MOORE 29 TOWN MILLS ROAD SHIPPENSBURG, PA. 17257 FRANCES C. MOORE 29 TOWN MILLS ROAD SHIPPENSBURG, PA. 17257 DATE OF NOTICE: MARCH 20, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 A~OCIATION 2 LIBERTY AVENU,E,-~'"~ // ) CARLISLE, PA 17013 ) ! / TELEP~16~3Ji~ (800)990-9108 '--~~C,~A~N, JR., ESQUIRE ATTORNEY/~'OR PLAINTIFF ATTORNEy/I.D. NO. 17638 3644 ROUTE 378, SUITE A BETHLEHEM, PA 18015 (610) 317-0778 (610) 317-0782 (FAX) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS, ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants : CIVIL ACTION- MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ~ o.,~/~ ) ) SS.: COUNTY OF ./~o._.~,,_~,.~ ) The undersigned, being duly sworn according to law, deposes and says that to the best of his/her knowledge, information and belief, the Defendants, Arden A. Moore and Frances C. Moore, are adult individuals; that their last known address is 29 Town Mills Road, Shippensburg, Pennsylvania 17257; that their employment is in private industry; and that they are not in the Military or Naval Service of the United States of America or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and/or its amendments. SWORN TO AND SUBSCRIBED before me this z.'~lay of ~>~-.._, 2003. NOTARY PUBLIC CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL PLAN CONSUMER DISCOUNT CO. IN THE COURT OF COMMON P! FAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., flk/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff VS. ARDEN A. MOORE AND FRANCES C. MOORE, 29 Town Mills Road Shippensburg, Pa. 17257, Defendant · FileNo. ;~i;ivi, '"/~. · (To be completed by Attorney) ' Costs · (To be completed by Proth/Clerk) : Plff. Paid : Deft. Paid : Due ProthlClerk : Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue writ of execution in the above captioned DATE: April 22, 2003 Signature: Print Name: Frank L. Maicz Address: 3644 Route 378, Bethlehem, PA 18011 Attorney for: Plaintiff Telephone: (610) 317-0778 Supreme Court ID No.: , ~q~uire te A 17638 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ) TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary/Clerk, Civil Division by: Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-779 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., F/K/A COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO., Plaintiff (s) From ARDEN A. MOORE AND FRANCES C. MOORE, 29 TOWN MILLS ROAD, SHIPPENSBURG, PA 17257 (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 $107,500.10 L.L. $.50 Interest FROM 2/18/03 TO DATE OF SALE Atty's Comm % Due Prothy $1.00 Atty Paid $139.80 Other Costs Plaintiff Paid Date: APRIL 24, 2003 (Seal) REQUESTING PARTY: Name FRANK L. MAJCZAN, JR., ESQUIRE Address: 3644 ROUTE 378, SUITE A BETHLEHEM, PA 18015 Attorney for: PLAINTIFF Telephone: 610-317-0778 Supreme Court ID No. 17638 CURTIS R. LONG Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION- MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS/OWNERSHIP COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF NORTHAMPTON I, FRANK L. MAJCZAN, JR., ESQUIRE, being duly sworn according to law, hereby depose and say I am the counsel for Plaintiff, Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and to the best of my knowledge, information and belief, the last known address of Arden A. Moore and Frances C. Moore, Defendants in the within action, is 29 Town Mills Road, Shippensburg, Pennsylvania 17257, and that Arden A. Moore and Frances C. Moore are the owners of the property involved~ SWORN TO AND SUBSCRIBED before me this 22nd day FRANK L. MAJ~ of April, 2003. ATTORNEY F( ATTORNEY I.r ~17638 NOTARY PUBLIC '~ NOTARIAL SEAL CARRIE A. HILL, Notary Public ~_ Y Commission Expires April 23, ~006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/Ida COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVILTERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION- MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Citifinancial Services, Inc., f/Ida Commercial Credit Plan Consumer Discount Co., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property situate in Southampton Township, Cumberland County, Pennsylvania, and known as 29 Town Mills Road, Shippensburg, Pennsylvania 17257. 1. The name(s) and last known address(es) of the owner(s) are Arden A. Moore and Frances C. Moore, 29 Town Mills Road, Shippensburg, Pennsylvania 17257. 2. The name(s) and last known address(es) of the Defendant(s) in Judgment are Arden A. Moore and Frances C. Moore, 29 Town Mills Road, Shippensburg, Pennsylvania 17257. 3. The names and last known addresses of every Judgment creditor whose Judgment is a record lien on the real property to be sold are: are: (i) (i) Citifinancial Services, Inc., f/Ida Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 No. 03-779 Civil Term Entered on April 4, 2003 Amount of Judgment - $107,500.10 The names and addresses of the last recorded holders of every Mortgage of record Citifinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Recorded on December 21, 1998 Mortgage Book 1507, Page 648 Mortgage Amount - $106,932.42 5. The names and addresses of every other person who has any record lien on the property affected by the sale: None. 6. The names and addresses of every other person who has any record interest in the property which may be affected by the sale: None. 7. The names and addresses of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: (i) (ii) Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 (iv) Occupant(s) 29 Town Mills Road Shippensburg, Pa. 17257 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Se~49,?~g to un. falsification to authorities. FRANK L. MA,~C~JR., ESQUIRE ATTORNEY FpI~/PLAINTIFF ATTORNEY I.D¥#17638 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER: DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants CIVIL ACTION- MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: ARDEN A. MOORE AND FRANCES C. MOORE Your property situate in Southampton Township, Cumberland County, Pennsylvania, and known as 29 Town Mills Road, Shippensburg, Pennsylvania 17257, is scheduled to be sold at Sheriffs Sale on Wednesday, September 3, 2003, at 10:00 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court Judgment of $51,109.35 plus interest obtained by Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to Citifinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, you may call: Frank L. Majczan, Jr., Esquire Attorney for Plaintiff (610) 317-0778 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 page three (3) on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff's Office at (717) 240- 6390. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 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 the Cumberland County Sheriff's Office at (717) 240-6390. 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. 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. 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 within thirty (30) days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 DATED: April 22, 2003 3 SHERIFF'S SALE DESCRIPTION.. By virtue of a Writ of Execution to No. 03-779 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, on Wednesday, September 3, 2003, at 10:00 o'clock A.M. in the forenoon of the said day, all the right, title and interest of the Defendant in and to: ALL those two certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT #1 BEGINNING at a nail in the center of public road leading from Shippensburg to Cleversburg known as Route 21050 at corner of lands of Lois A. McCurdy; thence along center line of said public road South 17 degrees 39 minutes East 74.2 feet to another nail in the center of said public road; thence by lands of, now or formerly, Louetta G. Stavrer, South 73 degrees 42 minutes West 247.57 feet to an iron pin at the corner of land, now or formerly Louetta G. Staver and Tract No. 2; thence by the same, North 17 degrees 39 minutes West 78.2 feet to an iron pin; thence by the same North 74 degrees 37 minutes East 89.3 feet to an iron pin; thence by lands of Lois A. McGurdy, North 74 degrees 37 minutes East 247.7 feet to a nail in the center line of public road known as Route 21050, the place of BEGINNING. TRACT #2: BEGINNING at an iron pin, thence along the rear line of Tract No. 1 and lots of, now or formerly, Louetta G. Staver, Lyle Bell and James Eutzy, South 17 degrees 39 minutes East 598 feet to an iron pin; thence along land of Ray Witmer South 78 degrees 26 minutes West 285.9 feet to a post; thence by other lands of, now or formerly, Louetta G. Stayer, North 12 degrees 07 minutes West 580.8 feet to an iron pin; thence by the same North 75 degrees 02 minutes East 229.1 feet to an iron pin, the place of BEGINNING. CONTAINING 3.45 acres SUBJECT to the right reserved to the Grantors, their heirs and assigns to a water pipe crossing the above described premises from North to South with the right reserved to the Grantors, their heirs and assigns of a user in common with the Grantors, their heirs and assigns in said water line. PARCEL I.D. NO. 39-37-2092-015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC., f/k/a COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 7467 New Ridge Road, Suite 200 Hanover, MD 21076, Plaintiff : NO. 03-779 CIVIL TERM VS. ARDEN A. MOORE AND FRANCES C. MOORE 29 Town Mills Road Shippensburg, Pa. 17257 Defendants : CIVIL ACTION - MORTGAGE FORECLOSURE CERTIFICATE OF MAILING NOTICE The undersigned certifies that Notice of the Sheriff's Sale of real property scheduled for Wednesday, September 3, 2003, at 10:00 A.M. in the above-captioned matter was sent to the following by mailing such Notice on June 6, 2003, by First Class Mail/Certificate of Mailing, true and correct copies of which are attached hereto: American General Finance 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Occupant(s) 126 Nell Road Shippensburg, PA 17257 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 DATED: JUNE 6, 2003 FRANK L. MA J( ATTORNEY F(~ ATTORNEY I.r ~,N/~ i~, ESQUIRE ~L~JNTIFF 17638 (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 June 6, 2003 American General Finance 125 Gateway Ddve, Suite 109 Mechanicsburg, PA 17050 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the properly and improvements, if any, located in Southampton Township, Cumberland County, Pennsylvania and known as 128 Nell Road, Shippensburg, Pennsylvania 17257, Tax Parcel No. 39-37-2092.015, as described on the sheet attached hereto, will be sold by the Shedff of DAUPHIN County on Wednesday, September 3, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $t07,500.10 in the Court of Common Pleas of Cumberland County as No. 03-779 CIVIL Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Arden A. Moore and Frances C. Moore, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises secudng an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. The records indicate that you have a lien against this property as follows: Mortgage in the amount of $11,409.23 entered on December 14, 1999 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1587, Page 292 FLM,JR: A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Shedffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. ah Enclosure FIRST CLASS MAIL~CERTIFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 June 6, 2003 Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in Southampton Township, Cumberland County, Pennsylvania and known as 128 Nell Road, Shippensburg, Pennsylvania 17257, Tax Parcel No. 39-37.2092.015, as described on the sheet attached hereto, will be sold by the Shedff of DAUPHIN County on Wednesday, September 3, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $107,500.10 in the Court of Common Pleas of Cumberland County as No. 03-779 CIVIL Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Arden A. Moore and Frances C. Moore, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriffs Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any child and/or spousal support arrearages against the above individual. A schedule of distribution will be filed by the Shedff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days affer the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. ZAN, JR. FIRST CLASS MAIL~CERTIFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 June 6, 2003 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Cadisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in Southampton Township, Cumberland County, Pennsylvania and known as 128 Nell Road, Shippensburg, Pennsylvania 17257, Tax Parcel No. 39-37.2092-015, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPHIN County on Wednesday, September 3, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $107,500.10 in the Court of Common Pleas of Cumberland County as No. 03-779 CIVIL Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Co., and against Arden A. Moore and Frances C. Moore, Defendants and Real Owners, in the aforesaid judgment. A search of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriffs Sale. When the Sheriffs Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this properly by virtue of any child support arrearages against the above individual. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriffs Office by calling (717) 240-0390 to determine the actual date of filing of said schedule. N, JR. FIRST CLASS MAIL/CERTIFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610) 317-0782 June 6, 2003 Cumberland County Tax Claim Bureau 13 North Hanover Street Carlisle, PA 17013 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE LIEN HOLDER OR OCCUPANT Please be advised that the property and improvements, if any, located in Southampton Township, Cumberland County, Pennsylvania and known as 128 Nell Road, Shippensburg, Pennsylvania 17257, Tax Parcel No. 39-37-2092.015, as described on the sheet attached hereto, will be sold by the Sheriff of DAUPHIN County on Wednesday, September 3, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $107,500.10 in the Court of Common Pleas of Cumberland County as No. 03-779 CIVIL Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/ida Commercial Credit Plan Consumer Discount Co., and against Arden A. Moore and Frances C. Moore, Defendants and Real Owners, in the aforesaid judgment. A seamh of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property by virtue of any delinquent real estate taxes, A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. F~Very trul ~ FLM,JF ;ah Enclosure ;/~AN, JR. FIRST CLASS MAIL/CERTIFICATE OF MAILING (610) 317-0778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 June 6,2003 FAX (610) 317-0782 Occupant(s) 128 Nell Road Shippensburg, PA 17257 NOTICE OF SALE OF REAL PROPERTY TO POSSIBLE'LIEN HOLBER OR OCCUPANT Please be advised that the property and improvements, if any, located in Southampton Township, Cumberland County, Pennsylvania and known as 128 Nell Road, Shippensburg, Pennsylvania 17257, Tax Parcel No. 39.37-2092-015, as described on the sheet attached hereto, will be sold by the Sheriff of BAUPHIN County on Wednesday, September 3, 2003, at 10:00 A.M., prevailing time, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, pursuant to a judgment entered in the amount of $107,500.10 in the Court of Common Pleas of Cumberland County as No. 03-779 CIVIL Term, in favor of Plaintiff, CitiFinancial Services, Inc., f/k/a Commemial Credit Plan Consumer Discount Co., and against Arden A. Moore and Frances C. Moore, Defendants and Real Owners, in the aforesaid judgment. A seamh of the records, inspection of the property or other information received indicates that you may have a lien or mortgage on the above premises securing an obligation owed to you or may have a right to possession of the premises which will be terminated by this Sheriff's Sale. When the Sheriff's Sale takes place your lien, if any, may be removed from the above premises whether or not the sale price is sufficient to pay your obligation or any part of it and your right to occupy the premises, if any, may be terminated. You may have an interest in this property. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after the said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Cumberland County Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule, Ve~ tru ou , ~~N, JR. FLM,J~:ah' Enclos~e FIRST CLASS MAIL/CERTIFICATE OF MAILING SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-779 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue o~ outcry to the highest and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, on Wednesday, September 3, 2003, at 10:00 o'clock A.M. in the forenoon of the said day, all the right, title and interest of the Defendant in and to: ALL those two certain tracts of land situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT #1 BEGINNING at a nail in the center of public road leading from Shippensburg to Cleversburg known as Route 21050 at corner of lands of Lois A. McCurdy; thence along center line of said public road South 17 degrees 39 minutes East 74.2 feet to another nail in the center of said public road; thence by lands of, now or formerly, Louetta G. Stavrer, South 73 degrees 42 minutes West 247.57 feet to an iron pin at the corner of land, now or formerly Louetta G. Staver and Tract No. 2; thence by the same, North 17 degrees 39 minutes West 78.2 feet to an iron pin; thence by the same North 74 degrees 37 minutes East 89.3 feet to an iron pin; thence by lands of Lois A. McGurdy, North 74 degrees 37 minutes East 247.7 feet to a nail in the center line of public road known as Route 21050, the place of BEGINNING. TRACT #2: BEGINNING at an iron pin, thence along the rear line of Tract No. 1 and lots of, now or formerly, Louetta G. Stayer, Lyle Bell and James Eutzy, South 17 degrees 39 minutes East 598 feet to an iron pin; thence along land of Ray Witmer South 78 degrees 26 minutes West 285.9 feet to a post; thence by other lands of, now or formerly, Louetta G. Stayer, North 12 degrees 07 minutes West 580.8 feet to an iron pin; thence by the same North 75 degrees 02 minutes East 229.1 feet to an iron pin, the place of BEGINNING. CONTAINING 3.45 acres SUBJECT to the right reserved to the Grantors, their heirs and assigns to a water pipe crossing the above described premises from North to South with the right reserved to the Grantors, their heirs and assigns of a user in common with the Grantors, their heirs and assigns in said water line. PARCEL I.D. NO. 39-37-2092-015 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Citifinanical Serv Inc is the grantee the same having been sold to said grantee on the 3r~d day of Sept A.D., 200~3, under and by virtue of a writ Execution issued on the 24th day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 779, at the suit of Ditifinancial Serv Inc fka Commercial Credit Plan C D C against Arden a Moore & Frances C Moore is duly recorded in Sheriff's Deed Book No. 259, Page 1819. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /7-~'- day of )~~ , A.D. 2003 ~~Z~ ~ff~RecorderofDeeds Citifinancial Services, Inc. ffk/a Commercial Credit Plan Consumer Discount Co. VS Arden A. Moore and Frances C. Moore In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-779 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 2:11 o'clock PM, he served a true copy of the within Real Estate Writ, Corrected Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit: Arden A. Moore, by making known unto Arden A. Moore, personally, at 29 Town Mills Rd., Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 2:11 o'clock PM, he served a true copy of the within Real Estate Writ, Corrected Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit: Frances C. Moore, by making known unto Arden A. Moore, adult in charge, at 29 Town Mills Rd., Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2003 at 5:35 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Arden A. Moore and Frances C. Moore located at 128 Neil Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Arden A. Moore, by regular mail to his last known address of 29 Town Mills Road, Shippensburg, PA 17257. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Frances C. Moore, by regular mail to her last known address of 29 Town Mills Rd., Shippensburg, PA 17257. This letter was mailed under the date of July 3, 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Maj czan, Jr. for Citifinancial Services, Inc. It being the highest bid and best price received for the same, Citifinancial Services Inc, of 7467 New Ridge Road, Suite 200, Hanover, MD 21076, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1072.07. Sheriffs Costs: Docketing $30.00 Poundage 21.02 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 41.40 Levy 30.00 Surcharge 40.00 Law Journal 414.20 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $1072.07 Sworn and subscribed to before me So Answers: This :~a ~ day of ~.~ _ R. Thomas Kline, 2003, ^.D. Prolhonotary Real Estat~O)eputy Real Estate Sale # 01 On April 29, 2003 the sherifflevied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA known and numbered as 29 Town Mills Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 29, 2003 By: ,jC~C[I4 S~q~ Real Estafe Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: 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 22nd and 29th day(s) of July and the 5th day(s) of August 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, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................. ~..,,~. ~t.... ~ .................. COPY sworn to an s~b~d~''- ~ -- 'before m~l~ 13th day of/u~l~3 A.D. ~ L. R~,~ ~,~ -~.~ ~ .... -,~ ~ ~~j~6,~ NOTARY PUBLIC ~.~~~mission expir~ June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. 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: JULY 18, 25, 2003 AUGUST 1, 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 tree. REAL RS?ATR ~ NO. I Writ No. 2003 779 Civil Citiflnancial Services, Inc.. f/k/a Commercial Credit Plan. Consumer Discount Co. vs. Arden A. Moore and Frances C. Moore Atty.: Frank L. Majczan, Jr. SHERIFF'S SALE DESCRIPTION By virtue of a Writ of Execution to No. 03-779 Civil issued in the Court of Common Pleas of Cumberland County, Pennsylvania, directed to me, there will be exposed to public sale, by vendue or outcry to the high est and best bidders, for cash, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle. Pennsylvania. on Wednesday. Sep- tember 3. 2003, at 10:00 o'clock A.M. in the forenoon of the said day. all the right, title and interest of the Defendant in and to: ALL those two certain tracts of land situate in Southampton Town- ship. Cumberland County. Pennsyl vanla, more fully bounded and de- scribed as follows: TRACT # 1 BEGINNING at a nail in the cen ter of public road leading from Shippensburg to Cleversburg lmown as Route 21050 at corner of lands of Lois A. McCurdy; thence along center line of said public road South 17 degrees 39 minutes East 74.2 feet to another nail in the cen ter of said public road; thence by lands of. now or for~nerly. Louetta G. Starter. South 73 degrees 42 ~4sa Marie Coyne, Editoy SWORN TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 LO~ E. ,SNYD~R, Hotaly PulSe Pennsylvania. on Wednesday. Sep tember 3, 2003, at 10:00 o'clock A,M. In the forenoon of the said day, ail tile right, title and interest of the Defendant in and to: ALL those two certain tracts of land situate in Southainpton Town- ship, Cumberland County, Pennsyl- vania, more fully bounded and de- scribed as follows: TRACT # I BEGINNING at a nail in the cen ter of public road leading from Shippensburg to Cleversburg krlown as Route 21050 at corner of lands of Lois A. McCurdy; thence along center line of said public road South 17 degrees 39 minutes East 74.2 feet to another nail in the cen ter of said public road; thence by lax~ds of, now or formerly. Louetta G. Starter. South 73 degrees 42 minutes West 247.57 I~et to aXl iron pin at the corner of land. now or formerly Louetha G. Stayer and Tract No, 2: thence by the same, North 17 degrees 39 minutes West 78.2 feet to an iron pin; thence by the same North 74 degrees 37 minutes East 89.3 feet to an iron pin; thence by lands of Lois A. McGurdy, North 74 degrees 37 minutes East 247,7 feet to a nail in the center line of public road known as Route 21050, the place of BEGINNING. TRACT //2: BEGINNING at an iron pin. thellce along the rear line of Tract No. 1 and lots of. now or formerly. Louetta G. Stayer, Lyle Bell and James Eutzy, South 17 degrees 39 minutes East 598 feet to an iron pin; thence along land of Ray Witmer South 78 degrees 26 rain utes West 285.9 feet to a post: thence by other lands of, now or formerly, Louetta G. Stayer, North 12 degrees 07 minutes West 580.8 feet to an iron pin; thence by the same North 75 degrees 02 minutes East 229.1 feet to an iron pin. the place of BEGINNING. CONTAINING 3.45 acres. SUELIECT to the right reserved to the Grantors, their heirs and as- signs to a water pipe crossing the above described premises from North to South with the right re served to the Grantors. their heirs with the Grantors, their heirs and assigns in said water line. PARCEL I.D. NO. 39~37-2092~ 015