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Home My WebLink About03-2950 SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT.LAW 26 W. High Street Carlisle, PA Geoffrey S, Shuff, Esquire 10 #24848 SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Telephone no,: 717-243-6222 Fax no.: 717-243-6486 COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N, A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oj - :< fro Plaintiff vs, CIVIL ACTION - LAW GORDON K BANZHOFF, JR and NANCY S, BANZHOFF Defendants MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717-249-3166 - 1-800-990-9108 ESTE FIRME IZ UNA DEUDA COLECCIONISTA INTENTO HACIA COLECCIONAR UNA DEUDA, ESTA ANUNCIO IZ ENVIAR HACIA TU EN UN INTENTO HACIA COLECCIONAR EL ENDEUDARSE REFERENCIA HACIA AQUi EN AEND ALGUNO INFORMACION OBTENER ORIGEN TU VOLUNTAD SER USAR PARA ESE OBJETlVO, AVISO Le han demandado a usted a la corte, SI usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya, Se ha avlsado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivlo que es pedido en fa peticion de demanda, USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717-249,3166 - 1-800-990-9108 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEVS.AT-LAW 26 W. High Street Carlisle, PA Geoffrey S, Shuff, Esquire 10 #24848 SAlOIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Telephone no: 717-243-6222 Fax no,: 717,243,6486 COMMUNITY BANKS, Ilk/a COMMUNITY BANKS, N, A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO~"#2 q:J7J vs, CIVIL ACTION - LAW GORDON K, BANZHOFF, JR. and NANCY S BANZHOFF Defendants MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, Community Banks, N A ("Bank"), by and through its attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the following: 1, Plaintiff, Community Banks, N, A ("Bank"), is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at PO Box 233,55 Wetzel Drive, Hanover, PA 17331. 2, The Defendants Gordon K, Banzoff, Jr, and Nancy S Banzoff are adult individuals whose last known address is 245 North 25'h Street, Camp Hill, PA 17011, 3, On or about November 30, 2000, the Defendants borrowed from and agreed to repay the Bank a loan ("Loan") in the amount of Three Hundred Twenty-nine Thousand Six Hundred and 00/100 Dollars ($329,600,00), As security for the Loan, Defendants executed and delivered to the Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania know and numbered as 245 North 25'h Street, Camp Hill, PA 17011, At all times relevant hereto, Defendants have been and remain the record and sole owners of the property, A description of the property is attached hereto, made a part hereof and marked as Exhibit "A", 4, On or about December 5, 2000, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book 1656 at Page 324, A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B", 2 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT"UW 26 W. High Street Carlisle. P A 5, The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendants 6, Under the terms and conditions of the Note evidencing the Loan ("Note"). Defendants agreed to make monthly payments to Bank in the amount of Two Thousand Seven Hundred Eleven and 54/100 Dollars ($2,711,54) beginning on the 30th day of December, 2000 and continuing on the 30th day of each month thereafter through November 30, 2005 and one payment for any amount still owed on this account A copy of the Note is attached hereto, made part hereof and marked as Exhibit "e", 7, Defendants have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof for November 30, 2002 and all subsequent months thereafter 8, Defendants are indebted to Bank, as of June 13, 2003, in the amount of Three Hundred Sixty-two Thousand Seven Hundred Forty-seven and 23/100 Dollars ($362.747,23) itemized as follows: Principal Baiance $326,09531 Interest to and including 06/30/03 @ 9.25% $ 19,92224 $ 1,391.20 ($ 1,166.29) Late Charges Escrow Balance Penalty / Fees $ 3000 Attorneys' fees for collection $ 16,47477 $362,747.23 Total Due 9, Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, costs incurred by Bank as a result of the institution of these legal proceedings, 10, The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of 9.25% through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys' fees, 11, In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, p, L 385, No, 91, 35 P S, Section 1680A01cetseq, and Act of January 30, 1974, P L 13, No, 6, 41 p, S, Section 101 et seq" and in particular Section 403, a combined Act 91/6 Notice of Intent to Foreclose and of Defendant's rights under said Acts was forwarded to Defendants on 3 SAIDlS SHUFF, FLOWER & LINDSAY ATJ'ORNEVS'AT'UW 26 W, High Street Carlisle, PA II January 2, 2003, by United States mail, first class, postage prepaid, and certified mail, return receipt requested, A copy of said Notice is attached hereto and marked as Exhibit "0", 12, Copies of the mailing receipts postal forms 3811evidencing mailing of said Notices are attached hereto and marked Exhibit "E". 13, Bank has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note, However, Defendants have refused and failed and continue to refuse and fail to cure the default WHEREFORE, Plaintiff, Community Banks, N, A, prays Your Honorable Court to enter a judgment in favor of the Plaintiff and against the Defendants Gordon K, Banzoff, Jr, and Nancy S, Banzoff in the amount of Three Hundred Sixty-two Thousand Seven Hundred Forty-seven and 231100 Dollars ($362,747.23), plus interest at the rate of 9.25% through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property known and numbered as 245 North 25th Street, Camp Hill, PA 17011, situate in the Borough of Camp Hill, Cumberland County, Commonwealth of Pennsylvania, as more particularly described in Exhibit "A". SAlOIS, SHUFF, FLOWER & LINDSAY Dated 6'-'1 ~ Q? By: 4 First American Title Insurance Company Commitment Number: 00273 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on SI. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of SI. John' Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue: thence north 10 degrees 30 mir,utes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING, HAVING thereon erected a two story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania, BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S, Brinton, and known as Plan No, 2, First Addition to the Borough of Camp Hill, Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No, 1, Page 5, BEING the same as surveyed by William B. Whitlock, R.P,E., dated August 13,1962, BEING the same premises which Ernest D, Latham and Dorothy H, Latham, his wife, by Deed dated August 15, 1962 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 20-P, page 573, granted and conveyed unto Mary L. Banzhaf! and Gordon K. Banzhaf!, her husband. AL TA Commitment Schedule C (00273,pfd/00273/11) lJour 1656 FAG{ .331 "EXHIBIT A" :')1,~ . s ~')q3 j / ( f10J:~-- ,,::IEGLER E~CC ?:'~: " OF DEEDS CU~,\B EFiI.J,}l J COUNTY - PA '00 DEe 5 Pr112 ~1 WHEN RECORDED MAlL TO: COMMUNITY BANKS, N. A. 150 MARKET SQUARE l\ULLERBSURG, PA 17061 Loan No.: /Space Above This Line For Recording Datal MORTGAGE THIS MORTGAGE ("Security Instrument") is given on NOVEMBER 30, 2000 is GORDON K. BANZHOFF, JR. AND NANCY S. BANZHOFF . The mortgagor whose address is 245 NORTH 25TH STREET CAMP HILL, PA 17011 is given to COMMUNITY BANKS, N. A. ("Borrower"), This Security Instrument which is organized and existing under the laws of THE UNITED STATES OF AMERICA and whose address is 150 MARKET SQUARE Millersburg, PA 17061 ("Lender"), Borrower owes Lender the principal sum of THREE HUNDRED TWENTY-NINE THOUSAND SIX HUNDRED AND 00/100 Dollars (U.S. $ 329,600.00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"). which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 30, 2005 , This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest. advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: "SEE AITACHED LEGAL DESCRIPTION" PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac Uniform Ins,trument Form 3039 9/90 ~ laser Forms Inc. (80m 446-3555 , -..L 11-. FA'.{)... LF( #FNMA3039 4/99 P;:lIge 1 of 7 Initials: ~ ~f...!7 ~C"K 1656 !.\GE 321 "EXHIBIT Bn under paragraphs I and 2 shall be applied: tirst, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third. to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fmes and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any, Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly [0 the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails [0 maintain coverage described above, Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7, All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Propeny or to pay sums secured by this Security Instrument, whether or not then due. The 3D-day period wilI begin when the notice is given, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prinCipal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments, If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or conunit waste on the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's i'!terest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3039 9/90 laser Forms Inc. lSOOI 446-3555 lFI #FNMA3Q39 4/99 Page 3 of 7 InitialS\ ~idt€J SOlJh 1656 fAGE 326 the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is (II. a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title 'v the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Propeny (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Propeny to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. - 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantiaHy equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one,tweIfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9, Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the or Jceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property inunediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument inunediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property inunediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property inunediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides. the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to coHect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments, 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment PENNSYLVANIA. Single Family. Fannie Mae/Freddie Mac Uniform Instrument Form 3039 9/90 Laser Forms Inc. (800) 446-3555 LFI #FNMA3039 4/99 Page 4 of 7 Init;'IS~ kiLl& BOtJd656 "GE32? or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several. Any Borrower who co,signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security 'ns,rument shall be governed by federal law and the law of the jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the PENNSYLVANIA. Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3039 9/90 l..aser Forms Inc. (800/446.3555 l.FI #FNMA3Q39 4/99 Page 5 of 7 InitiaIS:~ 0)&; i'ouK1656~& ~ Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19, Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use. disposal, storage. or release of any Hazardous Substances on or in the Prop"~y, 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 quantities of Hazardous Substances that are generally recognized to be appropriate to nonna! residential uses and to maintenance of the Property. ' Borrower shall promptly give Lender written notice of any investigation, claim. demand. lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; RemedIes. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (h) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedIes provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation costs. 23, Waivers. Borrower, to the extent permitted b:-, applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, PENNSYL VANIA ~ Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3039 9/90 Laser Forms Inc. ,aOOl 446.3555 LFI #FNMA,3039 4/99 Page 6 of 7 InitiaIS:~ t::)!fb 110Ud656,AGt 329 " '~ Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) D Adjustable Rate Rider D Graduated Payment Rider D Balloon Rider D Other(s) [specify] D Condominium Rider D Planned Unit Development Rider D Rate lmproveme~t Rider D 1-4 Family Rider 8 Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenus and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses; ljj );JIP Oyb>Jfi 1 }. (Seal) .Borrower (Seal) -Borrower Certificate of Residence I, DEBORAH K. KURTZ do hereby certify that the correct address of the within,narned Lender is 150 MARKET SQUARE, Millersb g, PA 17061 Witness my hand this 30TH day of NOVEMBE, 2 00, !Space Below This Une For Acknowledgment] ORA):I, K. KURTZ II COMMONWEALTH OF PENNSYLVANIA, C:~, On this, the 30TH day of NOVEMBER, 2000 , before me the undersigned officer. personally appeared GORDON K. BANZHOFF, JR. AND NANCY S. BANZHOFF Agent at Mortgagee County ss: known to me (or satisfactorily proven) to be the person whose narne(s) is/are subscribed to the within instrument and 'acknowledged that he/she/they executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and Off}cial s';' L,,- I A /I "" My Commission expires: tMi2u- ~VJ ~ - Notary Public PENNSYL VANIA - Single Family. Fannie Ma./F~~~,~!e.t,19iil~ Form 3039 9/90" ,- Laser Formlllnc. {BOOI 446-3$55 L.FI #FNMA3039 4/99 NOTARIAL SEAL I VICKIER WELKER, Notary Public Camp HIli Bora, Cumberland County My Commission Expires March 4, 2003 BOu\ 1655 PAGE _330 NOTE CE~ -r..O TRUE & CORRECT COP~ 'i1~~~tJ/~ . PA IStatel LOAN NO. NOVEMBER 30, 2000 MILLERBSURG ICilY! 245 NORTH 2:31H STREET CAMP HILL, PA 17011 /Property Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay V.S, $ "principal'). plus interest, to the order of the Lender. The Lender is COMMUNITY BANKS, N. A., 329,600.00 (this amount is called I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder", 2. INTEREST Interest will be charged on unpaid principal until the full amount. of principal has been paid, I will pay interest at a yearly rate of 9.250%. , The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month, I will make my monthly payments on the 30TH day of each month beginning on DECEMBER 30 2000. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, My monthly payments will be applied to interest before principal, If, on NOVEMBER 3 0 , 2005 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date", I will make my monthly payments at or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of V,S, $ 2,711.54 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due, A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge, The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pennilled limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennilled limit; and (il) any sums already collected from me which exceeded pennitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me, If a refund reduces principal, the reduction will be treatcd as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will be 5. 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. MUlTISTATE FiXED RATE NOTE. Singie Family' FNMA/FHlMC UNIFORM INSTRUMENT ~ Page 1 of 2 Initials: \.:> Ie...._ .,,.,,.,,, ,,"'0") "EXHIBIT e" (D) No Waiver By Nole Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above. the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, Those expenses include, for example, reasonable attorneys' fees, 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Notc Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises Il1ade in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together, This means that anyone of us may be required to pay all of the amounts owed under this Note, 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due, "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this pcriod, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. Social Security Number 169-44-3568 Social Security ,Q r\ ~ -:--(Seal) HO~~ LU -Bonowe' 191-40-8072 WITN~SJ~]E rBND AND SEAL(S) OF THE UNDE~~, ;c~ {! Y"-, (Seal) \( %~~n GORDON K. AN OFF, JR. .Bonowe' NANCY S. (Seal) (Scal) .Borrower -Borrower Social Security Number Social Security Number [Sign Original Only] MUlTlSTATE FIXED RATE NOTE. Single Family. FNMA/FHlMC UNIFORM INSTRUMENT J,-J.fl Page 2 of 2 Initials: ~ ~ Form 3200 12/83 9!~1 January 2, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose Specific information about the nature of the default is 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 program works, To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING 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 Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, If you have any questions. you may call the Pennsylvania Housing Finance Aaency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explair; r, You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVENDO EN SU CAS A SI NO COJ\iIPRENDE EL CONTENIDO DE EST A NOTIICACION OBENGA UNA TRADUCCION INMEDIT Al\.1ENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IDPOTECA "EXHIBIT 0" STATEMENTS OF POLICY HOMEOWNER'S NAME(S) Gordon K Banzhoff, Jr. Nancy S, Banzhoff PROPERTY ADDRESS. 245 North 25th Street Camp Hill, PA 17011 LOAN ACCT. NO. 2/45017210 ORIGINAL LENDER: Community Banks CURRENT LENDERlSERVICER: Community Banks HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of the Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MOR TGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting, Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE, Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program an'~ will assist you in submttting a com -. 'plication to the Pennsyivania Housing Finance Agency, Your ap".lcation MUST be filed or postmarkea wl<nin thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PRO!vfPTL Y 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 HOlvIE IJI.1MEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTE!vfPT TO COLLECT THE DEPT (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 245 North 25th Street Camp Hill Borough, Cumberland Co. Camp Hill, PAl 70 11 IS SERlOUSLY IN DEFAULT because: A YOU HAVE NOT MADE MONTHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 30, 2002 November 30, 2002 December 30, 2002 Other charges (explain/itemize): Late Charges: $ 3,125,07 $3,125,07 $3,125.07 $ 625.00 TOTAL AMOUNT PAST DUE: $9,940.00 B. YOU HAVE FAILED TO TAKE THE FOLLOW~NG ACTION: 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, wmCH IS $9,940,00, 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: Community Banks PO Box 233 55 Wetzel Drive Hanover, PA 17331 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthis letter: IF YOU DO NOT CURE THE I, '-JLT - If you do no't cure the defau! I THIRTY (30) DAYS of the date of this Notice, the lender intend~ LO 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, Iffull 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 mort!!a!!ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were, actually incurred, up to $50,00, However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50,00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY period, you will not be reCluired to pay attorney's fees. OTHER LENDER RE.MEDIES - THE LENDER MAY ALSO SUE YOU PERSONALLY FOR THE UNPAID PRINCIPAL BALANCE AND ALL OTHER SUMS DUE UNDER THE MORTGAGE. RlGHT TO CURE THE DEFAULT PRlOR TO SHERlFF'S SALE - 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 hour before the Sheriff's Sale, You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERlFF'S SALE DATE - It I~ estimated that the earliest date that such a Sheriff's sale of the mortgaged property could be held would be approximately two months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent 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 Peoples State Bank/Community Banks PO Box 233 55 Wetzel Drive Hanover,PA 17331 (717) 646-3504 or 1-866-286-0534 (717) 646-3533 Fax Number Contact Person: Mrs, Georgia A. Bear, Vice President, Collections EFFECT OF SHERIFF'S SALE - 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 MOR TGA '. T ou mayor ---2L may not: ransfer your home to a buyer or transferee who will assume the r""rtgage 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 HA VB THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (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 DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSillT 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western PA 2000 Ling]estown Road Harrisburg, PA ]7102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Certified MaiL 70000600 0027 7356 7639 7000 0600 0027 7356 7646 7000 0600 0027 7356 7646 , ..1 + ti>/~I.I>/:Alol.'~I:I.~t..mj,.....~.:{..tffJ" ~ 1".J"~;1' 1:1I......1:('*'l.,l'lI,.'..;~.'/;f:'1 . Complete ~ems 1, 2, and 3, Also complete A R !!/ JY (plea"" Prin~fiI'f'rly) BiflW ~em 4 If Aeslocted Delivery is desired, L~'-fiI~It1- I. . Print your name and address on the reverse C 5 so that we can return the card to you. . 19 . Attach thIS card to the back of the mailplece, X /~ ..// /l 0 or on the front If space permits. .v 7 ~ I t.:: 0 o Is delrvery Ifferent from item 1? 0 1. ArtIcle Addressed to If YES. enl del ery address below' Q1 8J~6~ \::' .BAt-:l2.~I="F JR-, I 2<.15 N. zS'" Sr-e.EEI C. Amp 1-\ ILL DA- 11011 . I 3. Se~e Type D"Certified Mail 0 Express Mail o Registered 0 Return Receipt tor Mer o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 'ri . '" is. If ~::u 0 ,,~ ~ f~ ~ "'." ." glt ~ v ~ ~ [ t :-~ ~~ !P-..w' "'. ~, :<~[~~ ~ 6.g ~n ~ i. *5" ~ ~ e,'(J\ ~P:.~' ~ I! 0._ ~<ll' "Op... 0 :1 .~~?:;,..:J;..~. \It "a. k~~ ~: ~ i 3.~ '.t=. ~:N~:l~ : g~' " VI &:"""y ." s-< ,.-r : :;:!~?'I:; ~~ ~ :_0;:?~ "'~'" ~Iri--C;j'fj ,-'-".;< f'l. ~ .. ~ ~ . ; -J'. H'I~'~, :~ ~jl~ .. " Q ~ , 3 . ~ ~ ::-~ 2. Article Number (Copy from serviCe label) 'lcco O&CD COZ.1'7.35IP '1Ct>.:l9 PS Form 3811, July 1999 Domestic Retum Receipt l02595-<X ~ I ' . ~:m.I:l:Alol'I'~':I.~t"t:l!....~:(..t["~~ 'ol'J.""."".m~""""'t."'."".'J~.I'/.::r:'1 . Complete items 1, 2, and 3. Also complete A R~ by (Please Print Cleany) 8. Datt . item 4 if Aestocled Delivery is desired, rr/1;~/-i~ /'" ~ . Print your name and, address on the reverse ./.", r I . so that we can return the card to you. C. SIgnature ~I ~ . Attach this card t... lhe back of the mailpiece, X /. . 0 or on the front if ~iJace permits. _, / . 0 D. Is ~ivety 0 1. Article Addressed to: If YES, enter deli 9'" ~A~'i ':),&~(:)~F 21\.~ ~,z.5T'i $. ~""I'!\'P HILl. p~ \1~\ ( 3, SeM~ype ~ertifled Mail D Express Mail CJ Registered 0 Return Receipt for Mf o Insured Mail 0 C.O.D. 4, Restricted Deliver;? (E<tnJ Fee) o 0027 7356 7639 ~it' ~ ~. ~ 0_ Q JJ ih~' <II <I> 3 ~ ~ ~ <II..... ",:I (") ::.~ ;~ ~ g~' ~ ~ ii' g .g --~ , , "-.l W~ <;:>C) . ~ . ~ , ; ~ ~ . ~ .iiI 2. Article Number (Copy from service label) I'J()C() cfd:D, CO~ '7~' .~to4{.; PS Form'3811, July 1999 Domestic Retum Receipt I ; ~ 102595 ... "EXHIBIT E" ~ ~ "- VI --r:, '>l.l <;'- -z (J 1'" ~ 8l v, C V) V) W --c ~ ~ 'Q so .;., J E ~... -nrD Q~fil L:I~ :z ," ~~, <::...,-, ~~3 S! S> o <" o '11 .~ ir:~rJ 'r- :::-,,8 t'~CJ ~ ~~ ~1~ ( ,-- ;:;.c) om ~ ~ '- ,.., (~) '~D ....... ".. +' .- ..~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-02950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMUNITY BANKS VS BANZHOFF GORDON K JR ET AL CPL, TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE BANZHOFF GORDON K JR the DEFENDANT , at 1350:00 HOURS, on the 30th day of June , 2003 at 245 NORTH 25TH STREET CAMP HILL, PA 17011 JEN BANZHOFF, ADULT DAUGHTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 10,35 ,00 10,00 ,00 38.35 Sworn and Subscribed to before me this ..,,~- 6 day of CA~. dIJ0.3 A,D. C )."u- 0 1n,IIi,..., I~ Tilrothonotary So Answers: .r~~d'<#~ R, Thomas Kline 07/01/2003 SAIDIS SHUFF FLOWER L,INDwSAY B : -.-'-- 7 y d /.4;:~ 7,/ ~ iI - De~t~She ~ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMUNITY BANKS VS BANZHOFF GORDON K JR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BANZOFF NANCY S the DEFENDANT , at 1350:00 HOURS, on the 30th day of June , 2003 at 245 NORTH 25TH STREET CAMP HILL, PA 17011 by handing to JEN BANZHOFF, ADULT DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 ,00 .00 10.00 .00 16.00 ~a /~" // r ,a~,",""~';',,/..c '/"--~ R. Thomas Kline 07/01/2003 SAIDIS SHUFF FLOWER Sworn and Subscribed to before By: ,.." u:*~ h' ",,,," me t lS . day of ~ d()a.3 A,D. (l, 1-,_ C )L.,~OO,^"AO~ 'PtothonotaryT"1 o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMUNITY BANKS, f/kIa COMMUNITY BANKS, N.A. Plaintiff CIVIL ACTION - LAW vs, GORDON K. BANZHOFF, JR. and NANCY S, BANZHOFF NO, 03-2950 Defendants MORTGAGE FORECLOSURE ANSWER The Answer of Gordon K, Banzhoff, Jr., and Nancy S. Banzhoff, by and through their counsel, Cunningham & Chemicoff, P,C., to the Complaint and Mortgage Foreclosure filed by Community Banks is as follows: 1, Admitted. 2. Admitted, 3, The averments contained in Paragraph 3 represent conclusions of law to which no response is required and the averments are therefore denied, 4, Admitted in part; denied in part, The Defendants acknowledge the existence of the document referenced in Paragraph 4 of the Complaint, As to the legal effect of such document, such represents a conclusion oflaw to which no response is required and the averment is therefore denied, 5, The averment contained in Paragraph 5 represents a conclusion oflaw to which no response is required and the averment is therefore denied, If and to the extent it is later judicially determined that an answer is required, then Defendants are without knowledge or information sufficient to admit the assertion that the mortgage referenced in Paragraph 4 was never assigned and strict proof thereof is demanded, if relevant, at time of trial, 6, The averments contained in Paragraph 6 represent conclusions of law to which no response is required and the averments are therefore denied, In the event that it is later judicially determined that an answer is required, then the Defendants therefore aver, that the Note referenced in Paragraph 6 represents the best evidence and the terms contained therein and the averments contained in Paragraph 6 are therefore denied. 7, The averments contained in Paragraph 7 represent conclusions of law to which no response is required and the averments are therefore denied. 8, Denied, The averments contained in Paragraph 8 represent conclusions of law to which no response is required and the averments are therefore denied, As further answer, Defendants deny owing Plaintiff the sums as set forth in Paragraph 8 and strict proof thereof is demanded, if relevant, at time of trial. Specifically, Defendants deny owing Plaintiff the principal balance of $326,095.31 and strict proof thereof is demanded, if relevant, at time of trial, Additionally, Defendants deny owing interest as calculated in Paragraph 8 and strict proof thereof is demanded, ifrelevant, at time of trial. Defendants also dispute the late charges in the amount of $1 ,391,20 as referenced in Paragraph 8 and strict proof thereof is demanded, if relevant, at time of trial, Finally, Defendants specifically deny owing Plaintiff attorney's fees for collection in the amount of$16,474,77 as such amounts are not substantiated in the Complaint. Moreover, the amounts set forth as attorney's fees for collection are not reasonably related to the work actually performed or necessary in this matter and strict proof thereof is demanded, if relevant, at time of trial. 9, The averments contained in Paragraph 9 represent conclusions of law to which no response is required and the averments are therefore denied, If and to the extent that it is later judicially determined that an answer is required, then Defendants specifically deny agreeing to pay Plaintiff the costs referenced in Paragraph 9 and strict proof thereof is demanded, if relevant, at time oftrial. As further answer, Defendants herein incorporate their answer to Paragraph 8 above as if more fully set forth. 10, Denied for the reasons more fully set forth in Defendant's answer to Paragraph 8 above herein incorporated by reference as if more fully set forth, As further answer, Defendants deny owing Plaintiff the sums set forth in Paragraph 8 and strict proof thereof is demanded, if relevant, at time of trial. 11. The averments contained in Paragraph 11 represent conclusions of law to which no response is required and the averments are therefore denied, 12, The averment contained in Paragraph 12 represents a conclusion of law to which no response is required and the averment is therefore denied. 13, The averments contained in Paragraph 13 represent conclusions of law to which no response is required and the averments are therefore denied. If and to the extent it is later judicially determined that an answer is required, then Defendants deny owing Plaintiff the sum set forth in its Complaint and strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant herein incorporate their answers to Paragraphs 1 through 12 above as if more fully set forth, WHEREFORE, Gordon K. Banzhoff, Jr. and Nancy S, Banzhoff, Defendants herein, respectfully request this Court enter an Order denying the relief requested in the Mortgage Foreclosure Complaint filed by Community Banks and further awarding Defendants all such other relief as is just and proper. Respectfully submitted, Date: -, I?-Blo.:> 10,UlM CLL Eck, Esquire Attorney 1. . #83087 2320 N. Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 J..n B 790-0113 p.2 P.02/02 . .]IJ-. -25-2003 11 : 48 VERIFICATION I, Gordon K. Banzhaf!", Jr., individually, verify that the statements made in t.'le foregoing Answer to Ccmploint ore trUe ..nd correct to lhe best of my kl\owkdge, information and belief. 1 understand that false statements l\efeifi are made subjeetto the pe~llie;\ of 18 P8. C.S.A. Seetion 4904, relating to W1Swom falsification to authorities. Dllt,,; 1/1- ~ /03 I I TOTPL P. 02 JUL-25-2003 12:39 790 0113 95% P.02 CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of the ANSWER was placed in the United States Mail, postage pre-paid in Harrisburg, Pennsylvania on this date, on the following: Geoffrey S. Shuff. Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: f By: Henry W. Van I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 ~~ (') c ~.. (:1ft 1'7lr-:'. ~? _-.e r-:(-) ~(::' ""C., .Pc Z :;! a !,,<.,) ;.:;:: (') ..,., .:.:',-3 :".'iiIJ -:;:71 . ;1('J ':-~(~} :'-:,:,,~4.ri :~ "1:!J :~~ "...' S! ,,0 -< "" '.0 ~"-:} ::t: "'" :;:, '... COMMUNITY BANKS, f/kla COMMUNITY BANKS, N.A., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 03-2950 CIVIL ACTION - LAW v. GORDON K. BANZHOFF, JR. and NANCY S. BANZHOFF, MORTGAGE FORECLOSURE Defendants NOTICE OF STAY TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS: All proceedings concerning the above-referenced action should be stayed pursuant to the filing ofa Petition under Chapter 13 of the United States Bankruptcy Code in the Middle District of Pennsylvania to Case No. 1-03-4698, by Gordon K. Banzhoff, Jr., one of the Defendant in the within action. A copy of such Petition and the Notice of Bankruptcy Case Filing is attached. This Notice is entered for the limited purpose of providing notice ofthe pending Chapter 13 Bankruptcy case and is not intended to be an entry of appearance by the undersigned. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. . Vw.. Date: August J!i.., 2003 By: Henry W. Van k, Esquire Pennsylvania P\. orney Id. No. 83087 2320 North Second Street P. O. Box 60457 Harrisburg, P A 171 06-0457 (717) 238-6570 (Official Fonn 1) (12102) West Group, Rochester, NY FORM 81 United States Bankruptcy Court MIDDLE District of PENNSYLVllNIA Name of Debtor (if individual, enter Last First, Middle): BANZHOFF JR, GORDON K All Other Names used by the Debtor in the last 6 years {include married, maiden, and trade names)' NONE Soc. Sec.rrax 1.0, No, (if more than one, state all): 169-44-3568 Street Address of Debtor (No. & Street, City, Slale & Zip Code): 245 NORTH 25TH STREET CAMP HILL PA 17011 County of Residence or of the Principal Place of Business: CUMBE1U.AND Mailing Address of Debtor (if different from street addriss): SAME . Location of Principal Assets of Business Debtor (If different from street address above): NOT APPLICABLE Name of Joint Debtor (Spouse)(last, First. Middle): All Other Names used by the Joint Debtor in the last 6 years (include manied, maiden, and trade names): Soc. Sec.rrax 1.0, No. (if more than one, state all): Street Address of Joint Debtor (No. & Street. City, State & Zip Code): County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): )' "'<t~,.fW'lnfc'-'a~'lW6~L.4.K'lW~~'~ . ....".,.,Qrm,_!!Y!f,1.!Mg!VA!!J!lom!JE!~,.'!~M.~lM'.tWJi!! h"~~ .',' " . . ~: ~ Venue (Check any applicable box) I8J Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. o There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Type of Debtor ~ lndividual(s) o Corporation o Partnership o Other (Check all boxes that apply) o Railroad o Stockbroker o Commodity Broker o Clearing Bank (Check one box) o Business Nature of Debts gj ConsumerfNon-Business Chapter 11 Small Business (Check all boxes that apply) o Debtor is a small business as defined in 11 U.S.C. S 101 o Debtor is and elects to be considered a small business under 11 U,S.C. ~ 1121(e) (Optional) StatisticalfAdministrative Information (Estimates only) Chapter or Section of Bankruptcy Code Under Which the Petition 15 Filed (Check one box) o Chapter 7 0 Chapler 11 l8J Chapler 13 o Chapler 9 0 Chapter 12 OSee. 304 - Case ancillary to foreign proceeding Filing Fee (Check one box) l8J Full Filing Fee attached o Filing Fee to be paid in installments (Applicable to individuals only) Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule l006(b), See Official Form NO.3, THIS SPACE IS FOR COURT USE ONLY , '-'..l -, , , o Debtor estimates that funds will be available for distribution to unsecured creditors. I8J Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 1-15 '6-4' 50-99 100-199 200-999 100Q.over 0 0 l8J 0 0 0 Estimated Assets SO to $50,001 to $100,001 to 5500,001 to $1,000,001 to $10,000,001 to $50,000,001 to More than $50,000 $100,000 5500,000 $1 million $10mimon 550milUon $100 million $100 million 0 0 0 l8J 0 0 0 0 Estimated Debts SO to $50,001 to $100,001 to $500,00110 $1,000,001 to 510,000,00110 $50,000,001 to Morelhan $50.000 $100,000 $500.000 $1 million $10 million $50 million $100 million $tOOmillion 0 0 0 l8J 0 0 0 0 ., ~ " ::J (~::-) ~ (.\1 (Official Fonn 1) (12102) West Group, Rochettet', NY Voluntary Petition (This page must be completed and filed in eveI)' case) ,-' ""'1" ;"'-,;fJ.;>;':t.', '. f"':_:~i::..~:,'~:.!:1.:: ,. . Location Where Filed: NONE. Name of Debtor: NONE District: Signature(.) 01 Oebtor(.) (Individual/Joint) I declare under penalty of perjulY that the information provided in this petition is true and correct. {If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7)1 am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available l;lIlder each such chapter, and choose to proceed under chapter 7. I request relief i accordan e with the chapter of title 11, United States Code, specifi in this per lon, ( X Sigl1':li ure of Debtor X Signature of Joint Deblor Tel'Ph~'OI "pce"'''' b,.nome,) !\+-tJ. 0-6\<.. Dale Signature of Attorney ROBERT E CHERNICOFF 23380 Printed Name of Attomey for Oebtor(s) CUNNINGHAM & CHERNICOFF PC Firm Name 2320 NORTH SECOND STREET Address PO BOX 60457 HARRISBURG PA 17106-0457 o ((f:1)..1)+ II. ,;2.003 Date U (717) 238-6570 Telephone Number Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the infonnation provided in this petition is true and correct, and that' have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date Name 01 Debtor(.): FORM B1, paga 2 Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 1 OK and 1 OQ) with the Securities ~nd Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief Iilnder Chapter 11) o Exhibit A is attached and made a part of this petition Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts) I, the attorney for the petitioner named in the foregoh19 petition, declare that I have informed the petitioner that [he or she] m~y proceed under chapter 7, 11, 12, or 13 oftitJe 11, United States Code, and have explaine reli f av n er ach s ch haPt~." , '.f II ::13 Exhibit C Does the debtor own or have possession of any pr~perty that poses or is alleged to pose a threat of imminent and identifiable harm to public health and safety? o Yes, and exhibit C is attached and made a part of this petition. ~ No Signature of Non-Attorney Petition Preparer I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C. 9110, that I prepared this document for compensation, and that I have provided the debtor with a copy of this document. Printed Name of Bankruptcy Petition Pre parer Social Security Number Address Names and Social Security numbers of all othe~ individuals who prepared or assisted in preparing this document: If more than one person prepared this document. attach additional sheets conforming to the appropriate official form for each person. X Signature of Bankruptcy Petition Preparer Date A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. 9 110; 18 U,S.C. 9 156. USBC PAM - LIVE - V2.2 - NoticeOfFi1ing Page 1 of2 United States Bankruptcy Court Middle District of Pennsylvania Gordon K Banzhoff, Jr 245 North 25th Street Camp Hill, PA 17011 SSN: 169-44-3568 Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 08/11/2003 at 11 :23 AM and filed on 08/11/2003 at 11:05 AM. The case was filed by the debtor's attorney: The bankruptcy trustee is: Robert E Chernicoff Cunningham & ChernicoffPC 2320 N Second St PO Box 60457 Harrisburg, P A 17106-0457 717-238-6570 Charles J DeHart, III PO Box 410 Humme1stown, PA 17036 717-566-6097 The case was assigned case number 03-4698 to Judge Mary D France. The filing of a bankruptcy case automatically stays certain actions against the debtor and the debtor's property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, PO Box 908, Harrisburg, P A 17108. You may be a creditor of the debtor. Ifso, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court I PACER Service Center I I Transaction Receipt I I 08/13/2003 14:27:04 I !PACER Login: lice 1465 IIClient Code: I https://ecf.pamb. uscourts.gov/cgi-binINoticeOfFi1ing.p1? 123158 8/13/03 CERTIFICATE OF SERVICE I, Holly P. Siekerman, Paralegal, hereby certify that on August l!:L, 2003, a true and correct copy of the foregoing NOTICE OF STAY was served by first-class mail, postage prepaid on the following: Geoffrey S. Shuff, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 CUNNINGHAM & CHERNICOFF, P.C. ~ ~ By: ~ ~D.t~ Holly . Iekerman, Paralegal ". . ..... 0 1,:::; 0 c: C.) "T1 ;;:.1' ~ -. n- 4' nl '--- :.:,'J ~' , <.~' U) ~' ~-=) ~~ , "n .q ?;, , , ('J ( f:-: rn )0" "';~'I ~}1 ~, :JJ ;- -< ~ COMMUNITY BANKS, f/kIa COMMUNITY BANKS, N. A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2950 CNIL TERM vs. CNIL ACTION ~ AT LAW GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE TO PLEAD To: Gordon K. Banzhoff, Jr., and Nancy S. Banzhoff, Defendants You are hereby notified to file a written response to the enclosed Plaintiff s Motion for Summary Judgment within thirty (30) days from service hereof or a judgment may be entered against you. Respectfully submitted, SAIDIS, UFF, , j ER & LINDSAY Date: August 3, 2004 '\ ' By: " Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks COMMUNITY BANKS, f7k1a COMMUNITY BANKS, N. A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2950 CIVIL TERM vs. CIVIL ACTION - AT LAW GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants MORTGAGE :FORECLOSURE PLAINTIFF, COMMUNITY BANKS' MOTION FOR SUMMARY JUUGMENT The Plaintiff, Community Banks, f7k1a Community Banks, N.A., (the "Bank") by its attorneys, Saidis, Shuff, Flower & Lindsay, moves this Court, pursuant to Pa. R.C.P. No. 1035.1 et seq., for the entry of summary judgment in favor of Plaintiff, Community Banks, for the relief requested in the Bank's Complaint, and avers in support thereofthe following: 1. The Bank filed its Complaint in Mortgage Foreclosure against Gordon K. Banzhoff, Jr., and Nancy S. Banzhoff (the "Defendants") to the: above-captioned matter on June 23,2003. 2. On or about July 28, 2003, Defendants filed an Answer (the "Defendants' Answer"). The pleadings are now closed. 3. The Defendants' Answer admits all material allegations set forth in the Bank's Complaint including, without limitation, the following paragraph by paragraph comparison as set forth in the thirteen-paragraph pleadings: a. Defendants admitted Paragraph 1. Complaint 1 Plaintiff, Community Banks, flk/a Community Banks, N. A. ("Bank"), is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at PO Box 233, 55 Wetzel Drive, Hanover, PA 17331. Answer 1 Admitted. b. Defendants admitted Paragraph 2. Complaint 2 The Defendants Gordon K. Banzoff, Jr. and Nancy S. Banzoff are adult individuals whose last known address is 245 North 25'h Street, Camp Hill, PA 17011. Answer 2 Admitted. c. Defendants denied the averments Paragraph 3 only to the extent that they may be a conclusion of law to which no responsive pleading is required. Complaint 3 On or about November 30. 2000, the Defendants borrowed from and agreed to repay the Bank a loan ("Loan") in the amount of Three Hundred Twenty-nine Thousand Six Hundred and 00/100 Dollars ($329,600.00). As security for the Loan, Defendants executed and delivered to the Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania know and numbered as 245 North 25'h Street, Camp Hill, PA 17011. At all times relevant hereto, Defendants have been and remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". Answer 3 The averments contained in PaFclgraph 3 represent conclusions of law to which no response is required and the averments are therefore denied. d. In Paragraph 4, Defendants acknowledged the existence of the Mortgage under which this action in mortgage foreclosure is maintained, denying the factual averments of Paragraph 4 only to the extent they may b,e a conclusion of law to which no responsive pleading is required. Complaint 4 On or about December 5, 2000, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book 1656 at Page 324. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B". Answer 4 Admitted in part: denied in part. The Defendants acknowledge the existence of the document referenced in Paragraph 4 of the Complaint. As to the legal effect of such document. such represents a conclusion of law to which no response is required and the averment is therefore denied. e. In Paragraph 5, the Defendants concede that they are without knowledge sufficient to ascertain whether the Mortgage was eVler assigned, denying the factual averments of Paragraph 5 only to the extent they may b'e a conclusion of law to which no responsive pleading is required. Complaint 5 The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendants. Answer 5 The averment contained in Paragraph 5 represents a conclusion of law to which no response is required and the averment is therefore denied. It and to the extent it is later judicially determined that an answer is required, the Defendants are without knowledge or information sufficient to admit the assertion that the mortgage referenced in Paragraph 4 was never assigned and strict proof thereof is demanded, if relevant. at time of trial. f. Defendants denied the averments of Paragraph 6 only to the extent that they may be a conclusion of law to which no responsive pleading is required. Defendants appear to assert, properly, that the language ofthe Note speaks for itself. Complaint 6 Under the terms and conditions of the Note evidencing the Loan ("Note"), Defendants agreed to make monthly payments to Bank in the amount of Two Thousand Seven Hundred Eleven and 54/100 Dollars ~$2,711.54) beginning on the 30'h day of December, 2000 and continuing on the 30' day of each month thereafter through November 30, 2005 and one payment for any amount still owed on this account. A copy of the Note is attached hereto, made part hereof and marked as Exhibit "C". Answer 6 The averments contained in Para(lraph 6 represent conclusions of law to which no response is required and the averments are therefore denied. In the event that it is later judicially determined that an answer is required, then the Defendants therefore aver, that the Note referenced in Paragraph 6 represents the best evidence and the terms contained therein and the averments contained in Paragraph fi are therefore denied. [sic] g. Defendants denied the averments of Paragraph 7 only to the extent that they may be a conclusion oflaw to which no responsive pleading is required. Complaint 7 Defendants have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof for November 30, 2002 and all subsequent months thereafter. Answer 7 The averments contained in Paragraph 7 represent conclusions of law to which no response is required and the averments ;:lre therefore denied. h. Defendants denied the factual averments Paragraph 8 only to the extent they may be a conclusion of law to which no responsive pleading is required. Defendants then proceed, in the alternative, to deny those averrnents, but do so only generally (despite the use of the word "specifically") on the basis that calculations are within the exclusive knowledge of the Plaintiff, without offering any facts substantiating an alternative calculation of the amounts due from the Defendants; that is, they fail to assert in the Defendants' Answer, or in any new matter, any specific averments of fact refuting the Banks' calculation of the amounts due to the Bank as a rf:sult of Defendants' defaults under the Mortgage and the Note (with the arguable exception of the Bank's claim for attorneys fees addressed later in this Motion). Pursuant to Rule 1035.4, attached hereto and incorporated herein by reference as Exhibit "F" is an affidavit in support of the allegations contained in Paragraph 8. Complaint 8 Defendants are indebted to Bank, as of June 13, 2003. in the amount of Three Hundred Sixty-two Thousand Seven Hundred Forty-seven and 23/100 Dollars ($362.747.23) itemized as follows: Principal Balance $ 326,095.31 Interest to and including 06/30/03 @ 9.25% $ 19,922.24 Late Charges $ 1.391.20 Escrow Balance $ (1,166.29) Penalty / Fees $ 30.00 Attorneys' fees for collection $ 16,474.77 Total Due $362,747.23 Answer 8 Denied. The averments contained in Paragraph 8 represent conclusions of law to which no response is required and the averments are therefore denied. As further answer, Defendants deny owing Plaintiff the sums as set forth in Paragraph 8 and strict proof thereof is demanded, W relevant, at time of trial. Specifically, Defendants deny owing Plaintiff the principal balance of $326,095.3'1 and strict proof thereof is demanded, if relevant, at time of trial. Additionally, Defendants deny owing interest as calculated in Paragraph 8 and strict proof thereof is demanded, if relevant, at time of trial. Defendants also dispute the late charges in the amount of $1,391.20 as referenced in Paragraph 8 and strict proof thereof is demanded, if relevanl:, at time of trial. Finally, Defendants specifically deny owning Plaintiff attorney's fees for collection in the amount of $16,474.77 as such amounts are not substantiated in the Complaint. Moreover, the amounts set forth as attorney's fees for collection are not reasonably related to the work actually performed or necessary in this matter and strict proof thereof is demanded, if relevant, at time of trial. 1. Defendants denied the factual averments Paragraph 9 only to the extent they may be a conclusion of law to which no responsive pleading is required. Defendants then proceed, in the alternative, to deny those averments, but do so only by incorporating the general denials of Paragraph 8, without offering any facts substantiating an alternative calculation of the amounts due from the Defendants. Complaint 9 Defendants also agreed under tho terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, costs incurred by Bank as a result of the institution of these legal proceedings. Answer 9 The averments contained in Paragraph g represent conclusions of law to which no response is required and the averments are therefore denied. If and to the extent that it is later judicially determined that an answer is required, the Defendants specifically deny agreeing to pay Plaintiff the costs referenced in Paragraph 9 and strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendants herein incorporate their answer to Paragraph 8 above as if more fully set forth. J. Defendants denied the factual averments Paragraph 10 only to the extent they may be a conclusion of law to which no responsive pleading is required. Defendants then proceed, in the alternative, to deny those averments, but do so only by incorporating the general denials of Paragraph 8, without offering any facts substantiating an alternative calculation of the amounts due from the Defendants. Complaint 10 The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of 9.25% through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys' fees. Answer 10 Denied for the reasons more fully set forth in Defendants answer to Paragraph 8 above herein incorporated by reference as if more fully set forth. As further answer, Defendants deny owing Plaintiff the sums set forth in Paragraph 8 and strict proof thereof is demanded, if relevant. at time of trial. k. Defendants denied the averments of Paragraph 11 only to the extent that they may be a conclusion of law to which no responsive pleading is required. Complaint 11 In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23,1983, P. l. 385, No. 91,35 P. S. Section 1680.401c et seq., and Act of January 30, 1974, P. l. 13, No.6, 41 P. S. Section 101 et seq., and in particuiar Section 403. a combined Act 91 /6 Notice of Intent to Foreclose and of Defendant's rights under said Acts was forwarded to Defendants on January 2, 2003, by United States mail. first class, postage prepaid, and certified mail, ",turn receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "'0". Answer 11 The averments contained in Para!lraph 11 represent conclusions of law to which no response is required and the averments are therefore denied. I. Defendants denied the averments of Paragraph 12 only to the extent that they may be a conclusion of law to which no responsive pleading is required. Complaint 12 Copies of the mailing receipts postal forms 3811evidencing mailing of said Notices are attached hereto and marked Exhibit "E". Answer 12 The averment contained in Parallraph 12 represents a conclusion of law to which no response is required and the averment is therefore denied. m. Defendants denied the factual averments Paragraph 13 only to the extent they may be a conclusion of law to which no responsive pleading is required. Defendants then proceed, in the alternative, to deny those averments, but do so only by incorporating the general denials of the preceding paragraphs, without offering any facts substantiating an alternative calculation of the amounts due from the Defendants. Complaint 13 Bank has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note. However, Defendants have refused and failed and continue to refuse and fail to cure the default. Answer 13 The averments contained in Parallraph 13 represent conclusions of law to which no response is required and the averments are therefore denied. If and to the extent it is later judicially determined that an answer is required, then Defendants deny owing Plaintiff the sum set forth in its Complaint and strict proof thereof is demanded, if relevant, at time of trial. As further answer, Defendant [sic] herein incorporate their answers to Paragraphs 1 through 12 above as if more fully set forth. 2. As set forth in the Affidavit executed by Raymond Granger, Special Assets, on behalf of the Bank, attached hereto as Exhibit "F" and made part hereof, Paragraphs 8, 9, 10, and 13 of the Complaint (the only Paragraphs even generally denied by the Defendants) accurately set forth the amounts due to Plaintiff under the Mortgage and the Note, including the daily accrual of interest and late charges. 3. Plaintiff believes and therefore avers that, with respect to the instant mortgage foreclosure action, the Defendants' averments that there must be some type of default before the Bank is permitted to demand payment in full of the amounts secured by the mortgage do not suffice to avoid the granting of Plaintiffs motion for summary judgment. 4. Plaintiff believes and therefore avers that there are no genuine issues of any material fact as to a necessary element of the cause of action set lorth in Plaintiffs Complaint in Mortgage Foreclosure which could be established by additional discovery or expert report which would require any issue to be submitted to a jury. 5. Plaintiff asserts that an amount representing less than five percent of the Total Due to the Bank is fair and reasonable in light of the litigation and extra-judicial services performed in connection with the protection of the Bank's interests and enforcement of its rights under the Demand Note and Mortgage, including this contested mortgag'~ foreclosure action, the personal bankruptcy of Defendant Gordon K. Banzhoff, Jr., this motion for summary judgment, and brief in support thereof; and the Bank anticipates it will incur substantial, additional post-judgment collection services and expenses. Such services could foreseeably include additional bankruptcy, appeal, forbearance negotiation, execution sale challenges, and eVI~n post-execution eviction actions. See Citicorp Mortgage, Inc., v. Morrisville Hampton Villiage Realty, LP, 443 Pa. Super. 595, 600- 02,662 A.2d 1120, 1123 (1995); Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d 335 (1971). 6. The relevant pleadings in this matter are closed and Plaintiff believes, and therefore avers, that the filing of this Motion will not unreasonably delay trial. WHEREFORE, Plaintiff, Community Banks, fi'kla Community Banks, N.A., prays Your Honorable Court to enter a judgment in favor of the Plaintiff arId against the Defendants Gordon K. Banzoff, Jr. and Nancy S. Banzoff in the amount of $362,747.23, plus interest at the rate of 9.25% from July 1, 2003, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property known and numbered as 245 North 25th Street, Camp Hill, PA 17011, situate in the Borough of Camp Hill, Cumberland County, Commonwealth of Pennsylvania, as more particularly described in the Complaint. Respectfully submitted, Date: August 3, 2004 By: Matthew J. Eshe1m Esquire ill #72655 2109 Market Street, amp Hill, PA 17011 (717) 737-3405 (fllX) 737-3407 Attorneys for Community Banks JUL 2 2 2004 COMMUNITY BANKS, flk/a COMMUNITY BANKS, N. A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NO. 03-2950 CIVIL TERM vs. CIVIL ACTION - AT LAW GORDON K. BANZHOFF, JR, and NANCY S. BANZHOFF, Defendants MORTGAGE I~ORECLOSURE Commonwealth of Pennsylvania AFFIDAVIT ) ) SS: ) County of Dauphin Before me, the undersigned notary public, this day, personally appeared Raymond Granger, to me known or satisfactorily proven, who being duly sworn according to law deposes the following: I, Raymond Granger, Special Assets, for Community Banks, formerly known as Community Banks, N.A., (the "Bank"), Plaintiff in the above-captioned matter, being authorized to do so on behalf of the Bank, do hereby depose and say as follows: 1. That I am an employee in the area of Special Assets of the Bank and am the account officer that is responsible for the collection of the loan (the "Loan") evidenced by the Mortgage and the Note as set forth in the Complaint in Mortgage Foreclosure filed on June 23, 2003, in the above-captioned matter. 2. That my responsibilities in Special Assets include reviewing the Bank's records for the purpose of determining the amount due to the Bank by a borrower. 3. That I have examined the Bank's records in connection with the Loan and hereby certify that the amounts due to Bank as of September 18, 2003, as set forth in the Complaint are accurate and include estimated legal fees to complete this matter. Exhibi t "F" . 4. That the amount currently due to Bank under the mortgage obligation as of June June 4, 2004, is $429,635.07, calculated as follows: A. Loan No. 45017210 (lsl mortgage) a. Principal Balance: $ 325,698.01 b. Interest through June 4,2004: $ 45,620.22 + $80.99 per diem c. Late Charges: $ 3,071. 72 d, Penalty/Satisfaction Fees $ 40.00 e, Contractual Attorneys' Fees and costs $ 16,474.77 B. Loan No. 45011212 (2nd mortgage) a. Principal Balance: $ 34,400.32 b. Interest through June 4, 2004 $ 4,251.19 + $5.73 per diem c. Late Charges: $ 38.84 d. Penalty/Satisfaction Fees $ 40.00 C. Total Due Bank as of June 4, 2004: $ 429,635.07 S. That a true and correct copy of Bank's records evidencing the amounts due under the Loan by the Defendants, Gordon K. Banzhoff, Jr., and Nanl:y S. Banzhoff, is attached hereto as Exhibit "F" and made part hereof 6. That the debt due to the Bank under the mortgage obligation continues to accrue interest at the rate of $86.72 per day, through the date of payment, including on and after the entry of judgment on the Complaint and continues to accrue late: charges and attorneys' fees. COMMUNITY BANKS f/kIa Community Banks, N.A. """ 7/.'10'/ By ~ . ymond ger, Special Assets Sworn to and subscrib to before me, day and year afor sai .*r Notary Public My Commission Expires: ~ M. ~, :::Jcx:h Notarial Seal VJCIoria J. Dare, Notary Public ~ Twp., Dauphin County My Cormission ExpIres Sepl2. 2006 _.PIlmsyIvar1la_OfNolaries 06/04/2004 O~1' 16 l'\rd." 'J . 'I'.) _ I!I' ~.'i\ .\ ,q.~,l) .', ~ I '":' \,' ',fH\, I LOJ'~' l!''<lfll"'' ',:"mm' \" '~,1~ l"'" '-,'" l;'H"';<~ '-;)1 002 MENU 'I, [-:1" /.u,,'t ~nc ":Q", kit:. ',. ~\'. 'J.'C'l'(,-q '~" ~(:."t>' -16 'j -'-\.l,EH -f. J\"', T.NATr: NAMI-: ;','I:' "'m:-~:'~)~ lB. j)}.:lIEH {fJ I ::-~C:()lJNT} 19, J)t-}\,~,l-:H (FLOOl( PL..\f\!} /0. MOHil:Al~I':S ;; 1 r::-:("q{)\,] I 'J'r:M~ I NQIll R I E.~~ I. 1\LPH1\HF,1'T( / ~';SN 1/':!)K :~r 2. CU~:;TOMI':H: Nl"UHMA'l' i ON J. CUSTOMr:H CO])fo:S II. /\CCOUNT ~'r1\"us ~ _ ACCOUNT 1 Nf't)!{MAT I ON 6. I NSTANT ~:;'l'A'l'EMENT 7 _ PRF.V lOPS :mr: I NFOHMA'l'lON A. STol.' P/\YM~NT~j (U}:;J!'l' -I) q. ME:MO~ 10. ORICINAL LOAN I Nl-'OHMA'l'l DN 11 _ IRRl-~G PA YMEN'r ::=;CHEDUJ,E 17.. CUSTOMEn 11I^Rll.l'J'IE~~ 40 _ LOAN RATF. :,CRF,F.N~ 100. (}N1.1NJo~ .M/UN MENU 200. DEPO:";l'l' INc,)UIHlt:~:; 600. l,OAN MAl NTI';NANCE 23. IN'H"::.>TOR IN~'OJ{MJ\.'l'lON ?R. HI N I tJlUM EA}(N/~)U}{C:hj.\~Gr; :W. Dr ';":mn:D HECORDf'; :~ 1. ONT.nn,: j,(17\N ;:;Cl\NNF.~; :-L) _ TNl..l'l un,': oN PRF.VT():J::'; Ml\TN"!'~N7\'N(;F, ~l'J_ ,L[,',;r :;H.Vj5/:..;OLD/JjOc,i(.;n (F ~.lN:t\.; gOO. ~,_:'-'i i\.H,T. M!<::\'J Y(~B _ UNI.O F.NTER Fl rNC':TT0N t:. / (0/ \ I\~\ (f 1\,(" 1\\')~ ~\V ~~k ,\ p \) ~) ill\NY.IIOi"r' CUST NO 04 :,0 j7l] 1. r:1"F-DATI': 2 '1'0'1'1. PMT ~~ r N'r, AMT 'I F.SC: AM:T o CRt L,' AMT 6 All! AM'l' " LC-AM"l' n UNAPPL 9 F'EE ro.rr 10 POJo-Y-Fi':t: GORDON 1H":P'l' HU\NClt 11, \JPl':H Hi., I.OAN ~~TA'i'US AB-IOl REL It 4_()(l.OO K NC8;) , _.~ Ne> <f,O}\N ~ -- <;.';~: N-DUt -(: -!}U1-' /;"'-' DUF n[n~ " ~ I,' <:'T'~-; 'Tt,T. n'!~~ <: TO'I'J\T. TR1\N <N:"," -PH-PM']' <NX'r 1 N P)'.;-'f' <::;("_lfr.f> PM", ..:: IN',,' lHLL'-~j) <Vi' H-'I-; i"r:t-;;,' <.F'SC RAT, <7\/'1 ru....n <::n/,.F'J{F.'i'. <1'1; j"J !,:i\HJ\; MKMO l:'LAG- nIT FAT"' INl' Y'I'D INT I,S YH ,,' ,,' 9.7.<)(}() ~ DO _'J, 07H _ HO < !.)!~YUl:'c- 1~.!!)JLl,' Q2~, 698 1,71: . (I>; p (':0 'I:>,.)j ,'"1, ?:-:...\,' 0:0'/. _'.J-', 2')~ .-<j) /2.....) 4 1. y/l) 4"/, "1"2- 3, 0 ~1_( ::0 1,] h'- ~9 ;:0 00 no T/t!.,4)0 Ci<'", t't-<:' 'ii'l'; )1 J\1 i) :)(JUII DAT,\:; Wi '.:' M/\lN')' C I /? II 04 CUD~: () ;\ANK o;;':~ :-1ATt;H ~ T' 'J PJ\; ;~ PT>. TO ('< J 1 1 /:W/(l~ .:: ;-~\Q/02 J1./',_'; i /o:~ (: -;/0;>/0.1 TODl\Y , I:' ',l/(J~-' <'1'.1" A~.) Cr-' Nt';--':T '" iJe '6 1\M'T -;-, ':J}J:'''r UNPF;;, [\<' N_'CR!'- DA:-:,": '."'\n~: WfG'l'E iY/.,JS J\CCP.:, ~ 0)-'1-') C/F ':J CUJL- ~ 6 Q~.-(,~,)~.:b IJ~:)IJ ______ II ') "e. 6 ,.--- ,'. '. oJ I . _ 00 ~/l o [Gvvl :,(; \ ~; . , '... ();.':{ PEN I v,.'~ 'I on &~lb;+ "F II 06/04/200t. uP' 16 ~:AX ~,SS ~~2; ~,' 1:) ~J'.l. It Lt.\IlI.,n. ',"'''M.~~.r~ T,O!\:J ;1\:::;u It:" Mf-:!'Ef INQU I H.! r:~; 1. AIJPHAB:-:T 1 C I :,:)N LOOK-. ,J } _ ClJS'roMER I NFORMJ\'I' I ON 3. CUSTOMEk CUDB~> 4. ACCOUNT :;']'A'l'US 0_ ACCOllNT J:NFOFMA'l'JON 6 . INSTANT :..iTl\Tl-:MF.NT 7. PREV 1'ous DUE INJ.'ORMAT j ON 8. STOP P.1\YMJ.:N'rs (DE-P'P "j) 9. ME.MO~ 10. ORIGIN1\T, I.Ol\N IN'FORM1\'J'TOl'J 1 1. lRRJo:('; PA YMKN'J' SCHfo:Dll LI:; 1.2... CUS'X'OMEH LlAU.lLITll::S 40. LOAN rtA'l'J:; :JCRl:::I::NS 100_ ONLINF: MAIN MJo:NlJ ?OO. m';PO:;I'J' INQUIRIES 600 _ LOAN MATN'I'F.N1\NCF, (nffill' , \.) ',t'\. 1"\ n,p:":,', IJi 0"3 ~Y'~N .10C :n.JC;.".IR:rf.S 1.3 Ct ,t=..V I (; . '<, 1 ~:I< 1"/. 1\1;1' <PNi\1'E ,\Jl\ME -'\Ni '\J)l~I!~Y.~~' i-O. u;.:fU,t'dt-: (Ul~o...:n)NT: I q. r~J.:II: ,f-',f{ (j-'I,O()H PLAN) 20, MC,;'i.,L'Gj\.(iE;:.> .? I. ~',~"C f{OW l'n:M~ /./.. Pf\l<.'1' i c r PAT IN!; BANK NAMJo:/.!l.J)m{Io:~;s TL T1'JVES'l'OH INFORMA'!'lON :lB. Mil'r-:-MlJM' F.J\RN/~lm.CHT\n"~'E :~O. llr:I'J';HH.l'~1l n:gconDS ":H. ON.." 1. NJ:;. L.Ol\N ~,C:i'\Ni'.::~'R '.~2 IN(,)\J..HJ:; ON l:'~u,:Vjm1;:; M1-\! N'1'~:-'N'^NCf; ~,~)" I, i :,'" (~KOS~~/S()j,')IH()1J(:f! 0' -,1,1 NK) gOO. ~ M_/\_R.'l'. M~NIJ ql)H _ TTN>'ll:--:K ?1\.s~"';wonD r;!\J'n:::H j,".:NC':' I ON ~ ,jIJ~f \:) ~ r~\ ~(l' /;/ hR 101 REL # 4_00,00 \f{,J\l\ICll 1.1, OPEl{ He, L.OAN :3T/\TUS l"~,: ':I}~Y .jl.'N ()4 7.004 BANZIIO!:'l' CUS1' NO 01 "Oll;-: 1 1 En' DATE /. T01'J,-FMT 3 I NT-AWl' 4 f:SCAM'I' ~ CRtLF-AMT 6 AIR AMT 7 [,C!\MT 8 UNAPPL 9 ,'U; AMT ] 0 pmT ~'F:f: TOTAr. TRAN MEMO FLA(; IN'r RATE INT YTD ~NT LS YR BAN~IiOl"k' Dr:VI'-NO j,OAN.,.NC <1.(l,::"N-BAl <Pl\.lN DUI--' < r:1',' DUE <h~(. DUE <!/' .Inn: <'PO: 1\1. J)lJ"~ < b 0000 .00 .00 <NX, PH PM'j' <NX\' IN PM'l' <~;c:aE;D PM'!' <.IN'" lJ.lLLl';U < i"Y,~H'~' l::'E~:t, '~E:..5:_~-Ul\L <l'.lu. HEU <CE/!.}:' IU':U <'Ml :.~ r:JUU,.' <l'j,YOr-'1-' ~)ATI-: \,A~;'. P'CODl'; (') }~2.=:> M1\TUHI'j'" PA1D "l'HHlJ P7\.TL '1'0 PI\ LU '~"'J !\S (;r' NEX1' j)Or MAl ;\:'1' 17/0U/U:! '\NK OC\) 0(,/ ~~:11 OJ. llo/nto7 (1h/2'~/02 4~,O 112 1 Oi.t_ 400_ '~4, 40() 'I, )~.; . (J ,"""Q 6i. Qj....) ~H, EgO. ',~ '!'ODAY L1"n3/02 14, ~O{, ," II . :;.'J" 1 ~l 2% 00 ',0 ao '0 00 10 00 10, 7:H, ,~ J\M'r '. ~ : )'M'I' UNPJ\ Tr TN'" ACCHD l.NT DAI',,: ":AR:" WRIT" .i)(:l,J"l'j ACCH ~~'1'" Of"}'.: '_:J.::,1 ..:LU.lJ ,1)11 CG.2~J -w 4,?~Lj!J.3a . r;: 71]1.) 1'/ ~~"_OO - ftk 0 r~ ""':'.','f'O;''''- 1.1.:' PEN} !lD.(J;) COMMUNITY BANKS, f/k!a COMMUNITY BANKS, N. A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 03-2950 CIVIL TERM vs. GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants CIVIL ACTION - AT LAW MORTGAGEFOB~CLOSURE CERTIFICATE OF SERVICE AND NOW, this ~ day of AU~l1lst 2004, I, Matthew 1. Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.C., hereby certifY that I this day served a true and correct copy of Community Bank's Motion for Summary Judgment upon the party listed below via United States Mail, postage prepaid, addressed as follows: Henry W. Van Eck, Esquire CUNNINGHAM & CHERNICOFF, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 Henry W. Van Eck, Esquire VAN ECK AND VAN ECK 7800A Allentown Boulevard Suite B Harrisburg, PA 17112 Respectfully submitted, SAID! - By: Matthew J. E elman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Community Banks ~~- "'" C:""l C".;:~ o -q ...., :1: ..,.., rn j;':';' ~iF9 ~:':~~) ) '"...., () t:,5cn ;;,~r ::..1,) '"" .:7):. ( " c.-) I .::- -,., ~ ..c- a \.4..' COMMUNITY BANKS, fi'kla COMMUNITY BANKS, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Henry W. Van E,"k, Esquire as counsel for Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff in the above captioned matter, and enter the appearance of the law firm of Cunningham and Chemicoff, P.C. as counsel on behalf of Gordon K. Banzhoff, Jr. and Nancy S. Banzhoffin the above captioned matter Respectfully submitted, Respectfully submitted CK & VAN ECK, P.C. By '"'Y 1J::E{,~Et- I.D. #83087 7800A Allentown Blvd, Suite B P.O. Box 6662 Harrisburg, PA 17112 (717) 540-5406 Date: ;Y; j/oLj Date: ~)9Io 'I 1 COMMUNITY BANKS, f/kIa COMMUNITY BANKS, N.A. Plaintiff v. GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. 03-2950 CIVIL TERM CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, st;qr ~. hereby certify that on ~ 11 _, 2004, a true and Correct copy of the Praecipe was served first class U.S. Mail, postage prepaid to: Matthew 1. Eshelman, Esquire 2109 Market Street Camp Hill, PA 17011 Henry W. Van Eck, Esquire P.O. Box 6662 Harrisburg, PA 17112 By: 2 ,..., c::::> C;':',::) "'- ['0.) 0, -r -:::I -L-r1 h1-'~: ."Fi:) ~J C1, '-'1:f1, -r.,l :~ji'" ':? .1,:- W ,....~.', ._-, ":;"- ,O"'~ :::/:: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. COMMUNITY BANKS, fi'kla COMMUNITY BANKS, N.A., (Plaintiff) vs. GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, (Defendants) No. 03-2950, Civil Action - At Law 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment by Default 2. Identify counsel who will argue case: (a) for plaintiff: Address: Matthew J. Eshelman 2109 Market Street Camp Hill, PA 17011 (b) for defendant: Kelly Knight Address: P.O. Box 60457 Harrisburg, PA 17106-0457 3. I will notify all parties in writing within two days that this cas argument. 4. Argument Court Date: November 10,2004 .; Attorney for P1'ntiff Dated: September 10, 2004 COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA ~N 03-2950 CIVIL GORDON K. BANZHOFF, JR., And NANCY S. BANZHOFF, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY AND HESS. J.J. ORDER AND NOW, this r z::' day of November, 2004, upon consideration of the plaintiff s sworn supplemental statement as to the amounts due and the failure of the defendants to deny any material allegations in the pleading and the defendants having failed to respond to the motion for summary judgment filed in the above matter, the motion of the plaintiff for summary judgment is GRANTED and judgment is entered in favor of the plaintiff and against the defendants in the amount of $362,747.23, together with interest at the rate of9.25% from and after July 1, 2003. BY THE COURT, ~atthew J. Eshelman, Esquire F or the Plaintiff .,.kelly Knight, Esquire F or the Defendants 44 ~ancy Banzhoff \/INVA1AS,\JN3d )Jjf\'lnf""j0 r". "J!\,r"'p;:,If'\f'l (: 1~....../ '~.:' '.f~.' .f_::: .....t1. hJ 9 fJ :5 WV CZ ^ON ~ODZ AtN10NOHI08d 3Hl :lO 30!:HQ-031f:f COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE PRAECIPE TO ENTER JUDGl\1[ENT TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Community Banks, Plaintiff, and against Defendants, Gordon K. Banzhoff, Jr., and Nancy S. Banzhoff, pursuant to an Order granting Community Banks' Motion for Summary Judgment as signed by Judge Hess on November 22, 2004, in the amount of Three Hundred Sixty Two Thousand Seven Hundred Forty Seven and 23/100 Dollars ($362,747.23), plus interest at the rate of 9.25% from July 1, 2003, through the date of payment, including on and after the date of entry of judgment on the Complaint and for costs and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. No. 227.4(2). Date: November 30, 2004 By: Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks I hereby certify that a copy of this Praecipe has been mailed to each party who had appeared in the action or to the attorney of record for each other party by depositing the same in the United States Mail, first class, postage prepaid, on November 30, 2004, a.ddressed as follows: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, P A 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 1701 Kelly Knight, Esquire P.O. Box 60457 arrisburg, PA 17106-0457 t ~ r.J ""9- () ", J -:-{J c;:::) 0 C c:;:> ~n ~ ..0:;-' " C> 1.~'l1::"" :;r.; ::i n)!,A, 0 -.1- -r. - () -,- -< r11p: F ,,< w =Sj Eq ......... (9 (n ~ ~ -<: .' 0 l}-) l.'" r:: "::1 ( ) ..'- -0 ~ T" '~r\ ~i~~ C) -'1 ~ "\) .J::: ::J:: ~5~~ ~ ...() (.) -.0 t :!3 )~ t2 :J.J , -< ~' --t:- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY: Pursuant to Rule 3256, kindly issue Writ of Execution in the above-captioned matter: Amount due Interest from July 1, 2003 Costs $362,747.23 9.25% per annum to be added Respectfully Date: November 30, 2004 By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks r::J [} ,--. ?\J~ - !P (,.J ~:-oti~~~ ~1 .~~ ~ ;--... d 8 w "1 0 ;" 8 ."l ~ ~~ 0 Q ~ 0 ~ \) r' I \) l'f) ~---t - ... ~ 0-U ~. ~2S r .... ... ~ ~ ... ~F ... .. ..... .... ~ ... : V$: - """ + if . -r-:.. ---( ~ ~ - 0 "'" = 0 C e.::> -0 f"~': ....- -11 1'1" CU Z ~"TI ~"~' ~ I , (::) -.:: m-- 4.- "'~;,~ ,.,M=; 2~~ r w ~:~,:~:. :')';0 S:::L 0 C)(h -i " ~~~.~ -0 ;:; :; { :3~ ~....o t",) :::-5 rn 2':: ~-I ::~ J";::.- :0 -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-2950 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITY BANKS F/KJA COMMUNITY BANKS, N.A., Plaintiff (s) From GORDON K. BANZHOFF, JR., AND NANCY S. BANZHOFF (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; (h) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $362,747.23 Interest FROM 7/1/03 - 9.25% PER ANNUM L.L. $.50 Arty's Comm % Arty Paid $136.35 Plaintiff Paid Date: NOVEMBER 30, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary ~y: ~~. .[J. 7l1/UU~~ Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: SAIDIS, SHUFF, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, P A 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 ... vs. . IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 03-2950 CIVIL TERM COMMUNITY BANKS, f/kIa COMMUNITY BANKS, N. A., Plaintiff GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : lNTERESTFROM JULY 1, 2003, AT THE : RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) AFFIDAVIT PURSUANT TO RULE 3129.1 Community Banks, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property consisting of the following tract of land together with the buildings and improvements erected thereon located in Camp Hill Borough, Cumberland County, Pennsylvania, known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. 1. Name and address of owners or reputed owners: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, P A 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, PA 17011 2. Name and address of defendants in the judgment: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, P A 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) wh( judgment is a record lien on the real property to be sold: Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, P A 16442 Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, P A 17011 PPL Electric Utilities COlporation 827 Hausman Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle,PA 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Community Banks, verify that the statements made in this affidavit are true and correct to the best of my personal 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. Date: November 30, 2004 SAIDf; ~UFF By: (; Matthew J. Eshelman, Esquire ID #72655 2109 Market Stre:et, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks ,- ""..:> <:::> C~':'I .r.- --- ~,.... o ooQ'I''';:: w o (~ e, ~;-:.~ :::.1 -<. -0 3: c.^, ... o -n ---l 'r~ f'l"i:=:= '-- -(1 \::1 ~r"] .L :':::~ (.) ,:j ~r~ - rrl COMMUNITY BANKS, flk/a COMMUNITY BANKS, N, A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CNIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATEOF9.25%PERANNUM : COSTS: (TO BE ADDED) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, PA 16442 Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, P A 17011 PPL Electrie Utilities Corporation 827 Hausm.m Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill,PA 17011 Community Banks 150 Market Square P.O. Box 350 Millersburg, PA 17061 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March2,200S TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in de:tail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the: land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: those lots of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, known and nwnbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Community Banks vs. Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff, in the amount of Three Hundred Sixty Two Thousand Seven Hundred Forty Seven and 23/100 Dollars ($362,747.23), plus interest at the rate of 9.25% from July 1, 2003, through the date of payment, including on and after the date of entry of judgment on the Complaint and for costs and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the~ proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME ANn PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUUGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD., TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the Salm: Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or lights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: November 30, 2004 Respectful y submitt d, SAID1t By: Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) WRIT OF EXECUTION (Mortgage Foreclosure - Rule 3257) Commonwealth of Pennsylvania ) ) County of Cumberland ) TO THE SHERIFF OF CUMBERLAND COUNTY: Pursuant to Rule 3180, to satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: That lot or tract of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011, all as more particularly described in the Legal Description attached hereto and incorporated herein by reference. Amount due Interest from July 1, 2003 Costs $362,747.23 9.25% per annum to be added PROTHONOTARY OF CUMBERLAND COUNTY Date: By: Seal of the Court: First American Title Insurance Company Commitment Number: 00273 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and describ~d as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minute~; east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. JClhn's Alley; thence south 10 degrees 30 minutes east along the westerly line of S1. John' Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly' line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly linl~ of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 mir.utes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eighty (80) feet to a point, the place of BEGINNING. HAVING thereon erected a two story brick dwelling house, No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39,40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No.2, First Addition to the Borough of Camp Hill. Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No.1, Page ~j. BEING the same as surveyed by William B. Whittock, R.P ,E., dated August '13,1962. BEING the same premises which Ernest D. Latham and Dorothy' H. Latham, his wife, by Deed dated August is, 1962 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in 'Deed Book 20-P, page 573, granted and conveyed unto Mary L. Banzhoff and Gordon K. Banzhoff, her husband. AL T A Commitment Schedule C (00273.pfd/00273/11 ) lJour.1656 fAG( .331 (') c: .;:~ I~;':: .~p~' : :~.... , -. U'" ~~( r:,::.':: ('-~. :tf~;; - ..: ~:'.~ -'.... -,' "-.l c::> ~.::) .r.- :::r" c.:i o -'rj :j~I,.. rn-r:J -" F;:; :00 ()(.I, ";::1~ ;.,') -r; >'(') (; ,-11 "~ ~0 -< "lIIlC c,.) o \? "",,, -.;.''''' <':-';) COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Community Banks, N.A., Plaintiff in the above action, se:ts forth as of the date the Praecipe for Writ of Execution was filed the following information conceming the real property consisting of the following tract of land together with the buildings and improvements erected thereon located in Camp Hill Borough, Cumberland County, Pennsylvania, known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. 1. Name and address of owners or reputed owners: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 2. Name and address of defendants in the judgment: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, P A 16442 Bureau of Compliance Dept. 280946 Harrisburg" PA 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, PA 17011 PPL Electric Utilities Corporation 827 Hausman Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 Country Club of Harrisburg 401 Fishing Creek Valley Road Harrisburg, P A 17112-9222 Richard L. and Margaret M. Cox c/o Steven P. Miner, Esquire, Attorney of Record Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PA 17110-0300 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any n;~cord interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew 1. Eshelman, Esquire, attorney for the Plaintiff, Community Banks, verify that the statements made in this affidavit are true and correct to the: best of my personal 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. Date: December 22, 2004 SAID OWER & LINDSAY By: MatthewJ. Eshe man, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks , (') "> 0 = c: = '1 ~.::...--- ..r- :~ 0 :r! '""Uen ~~;; rq mfIl C"") '" tJ fT1 ~.. ~ ;~J> -nO (I) 0;) ~;~ ,~~~ -< f.': -0 c,'- .) ~ ~'2o ZT........ c5 rl"1 j;~.: ry ....- --'I ...~ ..:::.. 5 ::< w Q\ -< COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) SUPPLEMENTAL NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROC]~DURE 3129.2 TO: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, P A 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, PA 16442 Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, PA 17011 PPL Electric Utilities Corporation 827 Hausm.m Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 Country Club of Harrisburg 401 Fishing Creek Valley Road Harrisburg, PAl 7112-9222 Richard L. and Margaret M. Cox c/o Steven P. Miner, Esq., Attorney of Record Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PAl 711 0-0300 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will b(~ held: DATE: March 2, 2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: those lots of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Community Banks vs. Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff, in the amount of Three Hundred Sixty Two Thousand Seven Hundred Forty Seven and 23/100 Dollars ($362,747.23), plus interest at the rate of 9.25% from July 1, 2003, through the date of payment, including on and after the date of entry of judgment on the Complaint and for costs and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days ofthe date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AN)) PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F][ND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy ofthe Writ of Execution is attached hereto. Date: December 22, 2004 OWER & LINDSAY SAIDI , By: Matthew J. Esh man, Esquire ill #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys fix Plaintiff, Community Banks WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 COMMUNITY BANKS, f/k/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DOCKET NO.: 03-2950 CIVIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants AMOUNT DUE: $362,747.23 INTEREST FROM JULY 1,2003, AT THE RATE OF 9.25% PER ANNUM COSTS: (TO BE ADDED) WRIT OF EXECUTION (Mortgage Foreclosure - Rule 3257) Commonwealth of Pennsylvania ) ) County of Cumberland ) TO THE SHERIFF OF CUMBERLAND COUNTY: Pursuant to Rule 3180, to satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: That lot or tract of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011, all as more particularly described in the Legal Description attached hereto and incorporated herein by reference. Amount due Interest from July 1, 2003 Costs $362,747.23 9.25% per annum to be added PROTHONOTARY OF CUMBERLAND COUNTY Date: By: Seal of the Court: First American Title Insurance Company Commitment Number: 00273 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hm, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on S1. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of S1. John' Alley. a distance of eighty (SO) feet to a point; thence south 79 degrees 30 minutes west along the northerly' line of Lot No. 42. Section "E" on the hereinafter mentioned Plan of Lots. a distance of one hundred forty {140} feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 miriutes west, along the easterly line of North Twenty-Fifth Street, formerly LocustAvenue, a distance of eighty (80) feet to a point. the place of BEGINNING. HAVING thereon erected a two story brick dwelling house. No. 245 North Twenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 38, 39. 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No.2, First Addition to the Borough of Camp Hill. Said Plan being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No.1. Page 5.. BEING the same as surveyed by William B. Whitlock, R.P.E.. dated August 13,1962. BEING the same premises which Ernest D. Latham and Dorothy' H. Latham, his wife, by Deed dated August 15, 1962 and recorded in the Office of the Recorder of Deeds in and for Cumberliand County, Pennsylvania, inDeed Book 20-P, page 573, granted and conveyed unto Mary L. Banzhoff and Gorclon K. Banzhoff. her husband. ALTA Commitment Schedule C (00273.pfdI00273111 ) lJQur,1656YAG( .331 .. n ,...., 0 = ~~ '= .1 ~- Cl -I I:';J} ...."1 :1: ..,., ~;~r' ("'") fllp rn N ""Dy (11, -I) -, CO s.::;C) ~~~, -,,- "T. " ;:- -11 -'... :;J (j )>'-' f'0 t5rn C -., z :~ ~ w en -< COMMUNITY BANKS, flk/a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO.: 03-2950 CNIL TERM GORDON K. BANZHOFF, JR, and NANCY S. BANZHOFF, Defendants AMOUNT DUE: $362,747.23 INTEREST FROM JULY 1,2003, AT THE RATE OF 9.25% PER ANNUM : COSTS: (TO BE ADDED) RETURN OF SERVICE PURSUANT TO PA. R.c.P. 3129.2(c)(2) AND NOW, this 22nd day of December 2004, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for Community Banks, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit and Supplemental Affidavit filed in this proceeding pursuant to Pa. RC.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. RC.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies ofthese certificates of mailing are attached hereto and marked as Exhibit "A". Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, PA 17011 Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, P A 16442 Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, P A 17011 PPL Electric Utilities Corporation 827 Hausm.m Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 Country Club of Harrisburg 401 Fishing Creek Valley Road Harrisburg, PA 17112-9222 Richard L. and Margaret M. Cox c/o Steven P. Miner, Esq., Attorney of Record Metzger, Wickersham, Knauss & Erb P.O. Box 5300 Harrisburg, PA 17110-0300 .. Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Respe t , ~& LINDSAY By: Matthew J. Eshelman, Esquire ill #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks :::: ,., 3 ;,.;...<.~...,. ~ ~~~~~I ;r ~. lJ 2 II> -< J;<" <0 <0 -1>0 " " \l ~~! 3 I~ III ~ , ~ ~ ~ 9.- :0 , lb ~2 ~ l.t ~. fr "t:l 0' ~ ~ lJl CIl o o 3 "C iD lit c. 0' '< ~ "C CIl :IE ... i ~ ~j '8 3 ~"[J -l = ~ ='" ~ o.Jl? ::T ~ r+" So~ PleD '0 ~g>=i80'2' ... ;m~aO~ maS ~ m'm g ~ Dl III lil'::I ~ 0 = a 3 g :;-11' ffi ~ "'C3:!a.~o.,a 2. ~~'g>~:g~r a~!!.~~iL~~Q. 'tl1lll!:oCij'CDi;< t'D :3rk3 g.g,B:L = ~;::~~og'~ i>>~g;pDJoiii' a~~-i3;m a.;==:ii~g.g s::::~3Q..ffi@' ~ ~. 2 ~. ~g, a. lDet~3 8ii;-g :;g.tJ~-g~~ ~CI)o5'Oo.a.. 00.00.-000 *"-cnCD~g~ . 8~go3", ~_c.>~'g a~r Ji~"[J"~~ <D a.~ ~ ::J 0. g~~~~~" 5.~~.:;I~~ ~o:m""Qg. :J .., '" 3 CD 0 ~. 3'.01 fi g: iil g _,0 -.;s:: ~ ~. 8 ~ ~.~ 3 g ct 3 ~ (JI' sn (II .., -.0 CD :=oroagm en -co CD 3 a. ~~~g!g3 Q.CD ...,~......~. !'!..j/ ~ CD ~ iCD 3] 8:;! :J 0 2!. 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Vf......-, n'.tr;-:; -7 --, ~ "-.. ^ ";"'7'1""- ~~i: ~<:.' ,....' < , )>e.: z :;! ~ \ ,......, = c;-..:;> ..c:- O rT1 n N 0) o .." --l I""l nl'-:" TJr" :,)0 01, ---{Q :1: -H ~1o t~j rn ---I ~~ :< -.:J ::t: N .. W 0-\ - COMMONWEALTH OF PENNSYL VANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Community Banks is the grantee the same having been sold to said grantee on the 2nd day of March AD., 2005, under and by virtue of a writ Execution issued on the 30th day of Nov, AD., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2950, at the suit of Community Banks fka Community Banks V A against Gordon K Banzhoff Jr & Nancy S is duly recorded in Sheriffs Deed Book No. 269, Page 40. IN TESTIMONY WHEREOF, I have hereunto set my hand :-tit and seal of said office this {;)0 day of ,AD. rJ~ Community Bank, f/kla Community Banks, N.A. VS Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff In The Court of Common Pleas of CUlllberland County, Pennsylvania Writ No. 2003-2950 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 07, 2004 at 9:03 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Gordon K. Banzhoff, Jr., by making known unto Barbara Hopke, adult in charge for Gordon Banzhoff, at 245 North 25th Street, Camp Hill, CUlllberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Kerr, Deputy Sheriff, who being duly Sworn according to law, states that on December 06,2004 at 2:26 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Nancy S. Banzhoff, by making known unto Nancy Banzhoff, personally, at 603 Manor Road, Camp Hill, CUlllberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 2:26 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gordon K. Banzhoff Jr. and Nancy S. Banzhoff, located at 245 North 25th St., Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly Sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gordon K. Banzhoff, Jr., by regular mail to his last known address of 245 North 25th Street, Camp Hill, P A 17011. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Nancy S. Banzhoff, by regular mail to her last known address of 603 Manor Road, Camp Hill, P A 170 II. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly Sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 2, 2005 at 10:00 o'clock A.M. He sold the same for the SUlll of$1.00 to Attorney Matthew Eshelman for Community Banks. It being the highest bid and best price received for the same, Community Banks of 6700 Derry Street, Harrisburg, P A 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$1,014.74, it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed -- $30.00 19.90 15.00 15.00 30.00 10.00 .50 1.00 33.30 4.42 15.00 30.00 367.70 346.69 30.73 25.00 40.50 $ 1014.74 Sworn and subscribed to before me This L day of C),,,. 2005, A.D. Q,t<- (;) ~ .~ rothonotary ~~~~~~ R. Thomas Kline, Sheriff BY JU[-fB S YV1 iill Real Estat eputy ~. ~ cV \). '\) ? ,.'" ",/ ell... ';91':;' ~ ~ COMMUNITY BANKS, f7k!a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : DOCKET NO.: 03-2950 CNIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1,2003, AT THE : RATEOF9.25%PERANNuM : COSTS: (TO BE ADDED) AFFIDAVIT PURSUANT TO RULE 3129.1 Community Banks, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property consisting of the following tract ofland together with the buildings and improvements erected thereon located in Camp Hill Borough, Cumberland County, Pennsylvania, known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. 1. Name and address of owners or reputed owners: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, P A 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 2. Name and address of defendants in the judgment: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 Nancy S. Banzhoff 603 Manor Road Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, P A 16442 Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, PA 17011 PPL Electric Utilities Corporation 827 Hausman Road Allentown, P A 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 I, Matthew 1. Eshelman, Esquire, attorney for the Plaintiff, Community Banks, verify that the statements made in this affidavit are true and correct to the best of my personal 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. Respectfully submitted, Date: November 30, 2004 'MDf; ~ /'I R & LINDsAY By: V () Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks - COMMVNITY BANKS, fi'k!a COMMUNITY BANKS, N. A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : DOCKET NO.: 03-2950 CNIL TERM GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1, 2003, AT THE : RATE OF 9.25% PER ANNuM : COSTS: (TO BE ADDED) TO: Gordon K. Banzhoff, Jr. 245 North 25th Street Camp Hill, PA 17011 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 Nancy S. Banzhoff 603 Manor Road Camp Hill, P A 17011 Floyd C. and Marcia L. Parsons 1470 Hill Road Wattsburg, PA 16442 Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Pennsylvania State Bank 2148 Market Street Camp Hill, PA 17011 PPL Electric Utilities COrporation 827 Hausman Road Allentown, PA 18104 Camp Hill Borough 2145 Walnut Street Camp Hill, PA 17011 Community Banks 150 Market Square P.O. Box 350 MilIersburg, P A 17061 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: March 2,2005 TIME: 10:00 a.m. LOCA nON: Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 -- THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: those lots of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, Commonwealth of PennsylVania, known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Community Banks vs. Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff, in the amount of Three Hundred Sixty Two Thousand Seven Hundred Forty Seven and 23/100 Dollars ($362,747.23), plus interest at the rate of 9.25% from July I, 2003, through the date of payment, including on and after the date of entry of jUdgment on the Complaint and for costs and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Gordon K. Banzhoff, Jr. and Nancy S. Banzhoff. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govemmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (I 0) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. - YOU SHOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAy HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the jUdgment if you have a meritorious defense against the person or company that has entered jUdgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against yOU. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grOssly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County COurthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: November 30, 2004 By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 170 I 1 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, Community Banks ~ ~TOFEXECUTION-OtlORTGAGEFORECLOSURE) Pa. R. Civ. Po, Rules 3180 to 3183 COMMUNITy BANKS, f/kla COMMuNITy BANKS, N. A., Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYL V ANlA GORDON K. BANZHOFF, JR., and NANCY S. BANZHOFF, Defendants : DOCKET NO.: 03-2950 CNIL TERM : AMOUNT DUE: $362,747.23 : INTEREST FROM JULY 1, 2003, AT THE : RATE OF 9.25% PER ANNuM : COSTS: (TO BE ADDED) Commonwealth of Pennsylvania ) ) County of Cumberland ) ~T OF EXECUTION Otlortgage Foreclosure - Rule 3257) TO THE SHERIFF OF CUMBERLAND COUNTY: Pursuant to Rule 3180, to satist'y the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: That lot or tract of land together with the buildings and improvements erected thereon located in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania known and numbered as 245 North 25th Street, Camp Hill, Pennsylvania 17011, all as more particularly described in the Legal Description attached hereto and incorporated herein by reference. Amount due lnterest from July 1, 2003 Costs $362,747.23 9.25% per annum to be added PROTHONOTARY OF CUMBERLAND COUNTY Date: By: Seal of the Court: ~ Commitment Number: 00273 First American Title Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the intersection of the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the Westerly line of St. John' Alley, a distance of eighty (SO) feet to a point; thence south 79 degrees 30 minutes west along the northerly"line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North TWenty-Fifth Street, formerly Locust Avenue; thence north 10 degrees 30 mir.utes west, along the easterly line of North Twenty-Fifth Street, formerly LocustAvenue, a distance of eighty (SO) feet to a point, the place of BEGINNING. HAVING thereon erected a two story brick dwelling house, No. 245 North TWenty-Fifth Street, Camp Hill, Pennsylvania. BEING Lots Nos. 3S, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. RUPley and Celeb S. Brinton, and known as Plan No.2, First Addition to the Borough of Camp Hill. Said Plan being recorded in the Recorder's Office in and for CUmberland County, in Plan Book No.1, Page 5. BEING the same as surveyed by William B. Whitlock, R.P.E., dated August 13,1962. BEING the same premises which Ernest D. Latham and Dorothy H. Latham, his wife, by Deed dated August 15, 1962 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed BOOk 20-P, page 573, granted and conveyed unto Mary L. Banzhoff and Gordon K. Banzhaff, her husband. 00 '- AL T A Commitment Schedule C l1ou1:1.656 fAGE .331 (00273.Pfd/00273111) . WRIT OF.EXECBTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTy OF CUMBERLAND) NO 03-2950 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITY BANKS F/K1A COMMUNITY BANKS, N.A., Plaintiff (s) From GORDON K. BANZHOFF, JR., AND NANCY S. BANZHOFF (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notif'y himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $362,747.23 Interest FROM 7/1/03 - 9.25% PER ANNUM Ally's Corum % Ally Paid $136.35 Plaintiff Paid 1.1. $.50 Dne Prothy $1.00 Other Costs Date: NOVEMBER 30, 2004 CURTIS R. LONG (Seal) ProthOd p ~ ~y: a-,. p - - :?/h-Y'~ Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: SAIDIS, SHUFF, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 Real Estate Sale #29 On December 02, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 245 North 25tl1 Street, Camp Hill, more fully described on Exhibit "A" Date: December 02, 2004 ByJ 0 Au.. \wUJJ. Real Est~iJDeputy @) CU;J r.::v"1 [:, 13';- -,,_.... l.nv';. tiled with this writ and by this reference incorporated herein. EO :b V 1 - J30 ~oot Vd ')dr;,iOJ Oil \niJ.:ldiWJ .:l.:lllJ3HS 3111 dO 3:)1.:1.:10 . ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager 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 18th and 25th day(s) of January and the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verity 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". Vill="" '''' m. ! PUBLICATION ...............................K....:.~................................................... COpy S ALE #29 Sworn to and subscribed before IlrAl ESTATE SALe No 29 Writ No.2003.2950 ' CIvlJT..... , COIlII"UnIty Bank, fIItIa Go;~~ Ally: ~s::,...... DEscRIPTION desai~~~ "iJl dlis COlllllli...., is . ALL llIAr CERrAlN Iol or _ of laud ...... In 1he Bor""'lh of Camp Hill, COllllty of _ NOlARlAl. Terry l. Russell, No . Oly of Harrisburg, Dauphin CounlYo My Commission Expires on expires June 6, 2006 Member, Pennsyl....anJaAssoclalionol NOlarie. 005 A.D. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTIIOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 346.69 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, apProved May 16, 1929), P. L.l 784 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND SS. L.. Man, Co",. -"'1.., Edi~, om, C""b'dMd Low 100m", oflli, Co""ty Md S"," ofo"".d, ""mg dWy ~om, =~di'g', ''', d"",,~ "'" ~" lli" lli, C""""""", Low ]''''''', · ,,"" pori'di~, p""li",,,, m di, Bom, gb of C~li", m tlw C,""ty "'" s"" of~~.d, w~ ~"b'""", ]M""Y 2, 1952, Md d"'"""" by di, '00" ~""' ~ di"tli"" "g" peri""",, lb, di, pobli"li,. 'f ""',go, OOli,." Mdh~, """,M'", 2, 1952, b",. m_,y ,~'''' Woe.,y ,. di, '.d Co ""ty, Md lli" lli, pn"", ooli" ~ p' bli"liM """b", h~,lo " ,,~tly di, 'Wn' M WM Priot'" ,. di, reg"'~ "'w~ '"" ,~,~ ,'w, '.d c"mb~IMd Low JOurnal on the foIIowing dates, viz: = January 14, 21, 28, 2005 AtliM' -~ d,,,,,,~ """ h, " "'W'"'''' ~ .'nIY W" """'"~, by lli, c"mb~,,"d Low]o_, 0",," P'n,d;"" of g~,,,, '''OWl''',., Md lli" b", 00' ,,,""'"'" ,. di, ~bj", m"", om, ofO"".d 00'1" ~ "'.~ti,","~, '"" """ '" olJ'''"''"' ,. di, 'om""'.g statements as to time, place and character of PUblication are true. REAL ESTATE SALE NO. 29 - W11t No. 2003-2950 CIVil CommuIl1ty Bank. f/k/a CommuIl1ty Banks. N.A, vs. Gordon K. Banzhaff, Jr. and Nancy S. Banzhoff Atty.: Matthew Eshelman First American TItle Insurance Company COIDlllitment Number: 00273 SCHEDULE C PROPER1Y DESCRIPTION The land referred to in this Com_ Il1itment is deSCribed as fOlloWs: ALL THAT CERTI\IN lot or par- cel of land situate in the Borough of Camp f-nll, County of CUmberland and State of PennSYlvania, more particularly bounded and descl1bed as follows, to Wit: BEGINNING at a POint, the in~ SWO TO AND SUBSCRIBED before me this 28 day of J anuarv. 2005_ ~~/1~~..'d../ -1./ Notary , ,