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HomeMy WebLinkAbout99-05814 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. ' NO. rr'' '19- 5514 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE 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 judgement 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 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. :NO. 9,2• 57)Y CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Orrstown Bank by and through its counsel, Lisa M. Greason, Esquire, and states the following in support of its Complaint: 1. The Plaintiff is Orrstown Bank, a Corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 77 East King Street, P.O. Box 250, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant Robert W. Shoemaker, is an adult individual, whose current address is 41 Highland Avenue, Shippensburg, PA 17257. 3. Defendant Martina Shoemaker, is an adult individual, whose current address is 117 East Main Street, Newburg, PA 17240. 4. Defendants on September 23, 1993 entered into a Mortgage loan indenture with Orrstown Bank, in the principal amount of Forty Five Thousand Five Hundred ($45,500.00) Dollars, Loan Number 1030002222, the terms of which loan are more specifically evidenced set forth in the Mortgage dated September 23, 1993 and recorded September 28, 1993 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1166, Page 895, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" which mortgage contains and is a lien upon the property situate at 41 Highland Avenue, Shippensburg, Pennsylvania 17257. 5. A copy of the Adjustable Rate Mortgage Note, that was executed in conjunction with the above stated mortgage, is attached hereto and incorporated herein as Exhibit "B". 6. Plaintiff, in consideration of the said Mortgage and Note advanced to the Defendants the sum of Forty Five Thousand Five Hundred ($45,500.00) Dollars. 7. The premises subject to said Mortgage is more specifically set forth in the legal description attached to Exhibit "A". 8. Defendants, Robert W. Shoemaker and Martina Shoemaker are the sole owners of the said premises securing said mortgage. 9. Said Mortgage has not been assigned in whole or in part by the Plaintiff herein. 10. That said Mortgage is in default because Defendants herein have failed to pay monthly payments of $351.77 for the months of March through August, 1999, plus late charges and collection fees in the amount of $52.74. 11. The Plaintiff has given to the Defendants written notice of intention to foreclose on said Mortgage as required by law under Act 160, Combined Notice, dated July 15, 1999, a copy of which is attached hereto and incorporated herein as Exhibit "C" for Defendant Robert and Exhibit "D" for Defendant Martina. 12. That due to Defendants' default the entire principal amount of Forty Five Thousand Five Hundred ($45,500.00) Dollars has become due and payable, together with interest at the current rate of 8.125% per annum, reasonable legal fees for collection of said sum in accordance with the terms of said Mortgage less such sums as have been paid on account of principal of the said Mortgage and costs. 13. The Plaintiff believes and therefore avers that reasonable attorney's fees for collection of the debt is $4,550 and that it will incur such amounts. 14. The Defendants are liable to the Plaintiff for interest at the rate of 8.125% per annum, late charges, property taxes and expenses as provided in the Mortgage documents that will accrue until distribution by the Sheriff of Cumberland County, Pennsylvania, to be computed at the time of judgment in these proceedings, in addition to the current balance. ' a 15. The Defendants are liable to the Plaintiff for the following on said Mortgage loan: a. Principal $41,314.50 b. Interest to 8/13/99 $1,457.76 C. Late charges to 8/13/99 $52.74 d. Escrow due $0.00 e. Unapplied credit $0.00 f. Attorney's fees $4,550.00 Total Amount: $47,375.00 16. The Plaintiff believes and avers that the Defendants are not members of the armed forces nor are they in the military service of the United States of America. WHEREFORE, Plaintiff, Orrstown Bank, demands Judgment in its favor and against Defendants Robert W. Shoemaker and Martina Shoemaker in the amount of $47,375.00 plus interest at the adjustable rate under the note, presently at 8.125% but subject to change on September 23, 1999 until paid, additional late charges and costs of preserving the collateral and costs of suit. Respectfully Submitted TURO LAW OFFICES Date Lisa IVYCOa(son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION Betsy J. Smith, do hereby state on behalf of the Plaintiff that the statements of fact made in the foregoing Complaint are true and correct to the best of his personal knowledge, information and belief. The undersigned understands statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904, relating to unsworn falsification to authorities. Date Betsy J. Smith, Collections Orrstown Bank \a , residence and Post WA 011rItA Nt 6091 b M or rrt ryoh Is i1L(',Oi; CiPi (r r" JLLU? P Oa '3?x 60 0rrrtnwyv CA 1.77,gq CUMBLhLANO COUNTY-PA 7" '93 SEP 28 API 11 `14 lit l+u (Spec Above This Line For Recording Data) MORTGAGE •I111S MORTGAGE ("Security Instrument") is given on ...SePtember 2--5 ...... 19.9 ... The mortgagor is ............... Slt ................................. , Ro ert W, Shoemaker and Martina oemakerr ItusIinnd and wife ............. ••••••.••••••••••••••••••••••••.•••.........("Itorrower').'1'hisSecurity Instrument is given to 0rrstown Bank ................................ "'•""' .. , which is Orgtotized and existing under the laws of t a Commonwealth of„I'.ennsylv.a.....nia.. . .... ...and.... ....whose....add....ress..i.s.P.O. Box 60r Orrs town, PA 17244. .......................................... •................. ..... ............. ............. ("Lender'). Burrower owes I ender lite principal sum of .... Forty-Five••Thousand•Five, Hundred and - NO/Hundred ehs... •. •• ••- ..-..-..-. -' - - - - I)ullars (U.S. S .45.,5QQ, O.Q.. ). This debt is evidenced by Borrower's note dated the sarnc dale as this Security 5J rumen t( Note"), which provides for mouthly payments, with the full debt, if not paid earlier, due and payable oil ,September -y , pOlg '['his Security Instrument secures to Leader: (a) the repayment of the debt evidenced by the Note. with interest. andall renewals, c .... 4- ors 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) file performance of Borrower's covenants and agreements under this Security Instrument and f he Note. For this purpose, Borrower does hereby mortgage, ,rant and convey to Lender the following described property located in ................ outhampton Township, Cumeerland ........................................ County. Pennsylvania: (see attached Schedule "A") EXHIBfr A_ ALLSraTE• INTERNATIONAL which has the address of highland Avenue Ship ensbur ................................................................................ ..........I?.........?. . ISlreetl Icilyl Pennsylvania ....... .17?5.1............ ("Property Address'); IZip Code) TOGETHER WITH all the improvements now or hercaflcrerccted on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shad) also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Propcty.- BORROWER COVENANTS that Borrowcr is )awfully seised of the estate hereby conveyed and has the right to nartgagc, grant and convey the property and that the property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally she title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTItUMF.NT combines uniform covenants for national use and non-uniform covenants with limited variations byjurisdiction to constitute it uniform security instrument covering real properly. UNIFOItM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promplly pay when due the principal of and interest oat the debt evidenced by the Note and any prepayment and lane charges due under the Note. 2. Funds fm Taxes and Insurance. Subject Inapplicable law or to a written waiver by Lender, Borrower shall pay it) Leudcr on fhc day monthly payments are duc under the Note, until the Note is paid in full. a sun ("Funds") fur: (a) yearly taxes and assessments which may attain priority over this Security Instrument as it lien on the Property; (b) yearly leasehold payments or ground rents on the Property, it any; (e) yearly hazard or property insurance premiums; (d) yearly (loud insurance premiums, if any; (c) yearly nuutgage insurance premiums, if tiny; and (0 any sums payable by Borrower lu Lender, in accordance with the provisions of paragraph N, in lieu of the payment of mortgage insurance prentiunts. These items arc called "Escrow Items." Lender may, at any line, collect and hold Funds in tut amount not to exceed the niaxintum amount a lender for it federally related mortgage loan may require for B,irtomer's escrow account under (lie fedcr l Real Estate Settlement Procedures Act of 1974 as amended from time lu lime, 12 U.S.C. $ 2601 er.n•y. ("ItESI'A"), unless another law that applies to the Fundssels a lesser amount. If so, Lender may, at any lime, collect and hod Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds clue on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds.chall be held in an institution whose deposits arc insured by a federal agency, instrumentality, or ensily(incluling Lcndcr, if Leader is such as institution) ur in any Federal Home Loan Bank. Lendcrshall apply lite Funds to pay the Escrow Itcols. Lender may not charge Borrower for holding and applying the Funds, annuallymnalyzing the escrow account, or verifying Ilse Escrow Bents, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such it charge. Iluwcvcr, I ender may require PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 (9190) (p+g,• 1 „/4pnRet) BOOK 1. 1 C0, FAtf FSd?J Borrower to pay it one-tune charge for an independent real estate lax reporting service used by Lender in connection with this loan, unless applicable law pt ovides otherwise. Unless air agreement is made or applicable law requires interest to he paid, Lendershall not be required to pay Borrower any interest or earnings nn the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and dcbi(s to the Funds and the purpose for ss hick each dehit to the funds was made. The Funds are pledged as additional security for till sums secured by (his Security Instrument. If I lie Friod+ Ileltl by letrller exceed the iinlotiats lieriliitted to he held by applicable law, Lender shall account to Borrower for the excess Funds in accordance wit It file requirements of applicable law. I f the amount of the Fluids held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up (he deficiency. Burrower shall make up the deficiency in no more than twelve monthly payments, a( Lender's sole discretion. Upon pity menI in lull of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Finds held by lender. If, under paragraph 21, Lender shill acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by I coder at the rime of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under palagraptn I and 2 shall be applied: first, to any prepayment charges clue tinder the Note; second, to amounts payable tinder paragraph 2; third, it) interest due; fourth, to principal due; and list, to any late charges due under the Note. d. Charges; (dens. Borrower shall pay all taxes, assessments, charges, fines 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 parag, aph 2, or if not paid in that manner, Borrower shall pay them on time, directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to he paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly banish to tender receipts evidencing (lie payments. Borrowershall pronipilydischarge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in wrilingto the payment of the obligation secured by the lien in it 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 front the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of rite Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrowershall satisfy the lien or take one or more of the actions set forth above within l0 days of the giving of notice. 5. Hazard or Properly 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 stall be chosen by Borrower subject to Lender's approval which shall not he unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, as Lender's option, obtain coverage to protect Lender's rights in the Properly in accordance with paragraph 7. All insurance policies and renewals shall he acceptable to Lender and shall include a standard mortgage clause. Lendershall have the right to hold the policies anti renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrowershall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Burrower. Unless Lender and Burrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasnthle and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would he lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, Willi 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 Property or to pay sums secured by this Security Instrument, whether or not then due. The JO-day period Will 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 tlledue date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Properly 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 with 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 Properly to deteriorate, orcommit waste on the Properly. Borrower shall he in default if any forfeiture action or proceeding, whether civil orcriminal, is begun that in Lrrider's good faith judgment could result in furfeiturc of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such it default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with it ruling that, in lenders good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impair ment of tie 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 the Note, including, but not limited to, represent Lions concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall rnutply with all rite provisions of the lease. If Bon'ower acquires fee title to lire Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Bights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is it legal proceeding that may significantly affect lenders rights in the Property (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 anti Lender's rights in the Property. Lenders actions may include paying any sums secured by a lien which has prioruy over lira Security Instrument, appearing in court, paying reasonable attorneys' fees and entering un the Ptopertyno slake repairs. Although Leader 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 teens of payment, these amnuntsshall 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. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of makingtlre 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 pity the premiums required to obtain coverage substantially equivalent !o lite mortgage insurance preyinusly in effect, at a?cost substantially equivalent to the cost to Borrower of the mortgage BOOK Ll^" FACE h9r) Forn,3039 9/911 (page 2of4 pages) insurance previously in effect, from an'aht, ,live mortgage insurer approved by Lender. II substanliadly equivalent mortgage insurance coverage is not available, Borrower shall pay to Lcadereach month n sum equal to one-twelllh of the yearly morlgaac insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these puvments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be requircd, at the option of I.emicr. if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again hearties available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or t(n provide a lass reserve, until lire requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable lave. 9. Inspection. Lender or its agent may make reasonable entries upon :aid inspections of the property. Lender shall give Burrower 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 fordamages, direct or consequential, in connection w till tiny condemnation or other taking of any part of the Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In tlheevcm of a total taking of the Properly, the proceeds 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 Properly in which the fair trial ket value of the Properly immediately before the taking is equal to orgrceter than the:unounl of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agrec 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 load amount of the stairs secured immediately before the taking, divided by(b) the fair market value of the property immediately hefore the taking. Any balance shall he paid to Bonower. In theevent or a partial taking of the property in which the fair market value of the Property immediately before the taking is less than the amount of lire 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 file sums are then due. Mile Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle it claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Vender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the suns secured by this Security Instrument, whether or not then due. I Inless Lenderand Borrowcrolherwisc agrec in writing, any application of proceeds to principal shall not extend or postpone thedue dale of lire monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forebearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liabilityof the original Borrower or Borrower's successors in interest. Lendershall not be required to commence proceedings against any successor in interest air 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; ,loinl and Several Liability; ('o-Signers. 'I lie covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lcndcr and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreemcntsshall bejoint and several. Any Borrower whoco-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Propertyunder the terms of this Security Instrument; (b) is not personally obligated hn pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forebear 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 lhisSecurity Instrument is subjccl ton law which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the Imam exceed the permitted limits, then(a) any such loan chargeshall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) anysums alrea lycollectcd 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 rnaking 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 he 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 Addressor 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 he deemed to have becu given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability.'fhis Security instrument shall be governed by federal law and the law of (fit- jurisdiction in which the Property is located. In the event that any provision orclausc of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisionsof this Security Instrument orthe Note which can be givcn effect without the conflicting provision. 'fo this end file provisions of this Security Instrument and the Note are declared to be severable. 10. Borrower's Copy. Borrower shall be given one conformed copy of lire Note and of this Securitv Instrunhcni. 17. Transfer of the Property or a Beneficial interest in Borrower. If a1 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 Burrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all suns secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dare of this Security Instillment. 11 Lcndcr exercises this option. Lcndcr shall give Borrower noticeof acceleretion.'I'Ihe notice shall provide a period of not less Ilan 30 clays Iron the (talc the notice is delivered or mailed within which Borower most pay all sums secured by this St curity Instrument. It Borrower fails to pay these SUMS prior to the expiration of this period, Lender may invoke arty remedies permitted by this Security Inslnuncnf without further notice or demand on Burrower. 18. Borrowers (tight in Reinstate. 11 Borrower nhcels certain conditions, Borrower shall have the right to lime enforcement of this Security Instrument discontinued m any lime prior to the earlier of: (n) 5 days (or such other period as applicable law may specify for reinstatement) bcforesale of the Properly pursuant to any power of sale contained in this Security Instrument; or (h) cnlry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays lender all suns which then would be due under this Security Instrument and the Note as if no accclcralion had occurred; (h) 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 at torneys' fees; and (d) takes such action as Lender may reasonably require to assure that lire lien of this Security Instrument, Lender's nights in file Property and Borrowers obligation to pay the sours secured by this Security Inslrumcnl shall conlinuc unchanged. Upon reinstatement by Borrower, this 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, SaleorNote; Change of Loan Servicer.'fhe 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 air change in tie entity (known as the "Loan Seryiccr'l that collects monthly payments due under the Note and this Security I strumcnt. There also may be one or more changes of the Loan Servicer unrelated to it sale of the Note. If there is it 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 stale the nanhc.and address of the new Loan Servicer and tiro address to which payments should be made. The notice will also contain any other infonnaloin required by applicable law. ? i u, 8 97 Form 3039 (9)90) (page 3 of 4 pager) j?nn+ ?A6E II " 20. Haxsnlous Substances. Borrower shall not cause Or permit the presence, rise, disposal, storage, or release ul any Iazardous Substances on or in the Property. Horrower shall not do, nor allow anyoucclse to do, anything affcctinglhc Propcnv Ihm is in violation of ''any En%iromncotal Law.'fhc preceding two sentences shall not apply to the presence, rise or storage on the Property of small quantities of Hazardous Substanccs that arc generally recognized to be appropriate to normal residential uses and to maintenance of file Propcrty. ' 'Borrower shall promptly give Lender writ tell notice of any investigation, claim, demand, lawsuit or other action by any govcnunental or reabliitofyagency or private party involving the Property and any flartrdous Substance or E nvltonnicrlnrl La W or N'Incb Hoar N'er lots actual kn*(NIcUg:. If Borrower learns, or is notified by any govcninenlal or regulatory authority, that any removal or miler rcinediation of any Hazardous Substance affecting the Property is necessary, Borrowershall promptly take all necessary remedial actions in accordance with Environmcmal Law. As used in this paragraph 20, "Hazardous Substances" arc those substances defined as toxic or hvardous substances by Environmental Law and the followingsubstances: 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. Leader shall give notice to Borrower prior Ia acceleration following Borrower's breach of any covenant or agreement Its this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required facture 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 Burrower 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, bill not limited In, 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 state 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. 13. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce [his 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 Burrower In 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. 27. Riders to this Security Instrument. If one or more riders arc executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall he 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)] nAdjuslablc Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Ili-weekly Payment Rider ? Balloon Rider ? Other(s) [specify] ? Rate Improvement Rider ? Second Homc Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in an rider(s) executed by Borrower and recorded with it. Witnesses: / -eAA- - ? (Seal) Robert W. Shoemaker -Borrower Socia ecunly Number T /6 A ej; 91fOl ? (Seal) Martina Shoemaker -Borrower Social Security Number (Space Below This Line For Actnowledpnentl COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF CUMBERLAND On this, the U 3 day of September, 1993, undersigned officer, personally appeared Robert W. Shoemaker, known to me (or satisfactorily proven) names are subscribed to the within instrument and F1 M, persons executed the same for the purposes therein j?J%a,Q;;;y?•„YN WITNESS WHEREOF, I hereunto p U r A V NOTARIAL SEAL ii v., •' PAULAM REED, Notary public Shippensbury TNp., Cumberland Co., ps. %,yp b;?ySY Mr' Commission Expires Dec, 13, 19"- before me, the Shoemaker and Martina to be the persons whose acknowledged LhnL said contained, set haold an/doEf' is s_s NOTARY PUBLIC J4 . vn. k?, .p•, Corm 8039 9/90 (page luJl pnxr.r) [??? t t rr f!cr k9h ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to-wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Whaley; thence by said Whaley lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty-eight (3b) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (164.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds Nest, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated 1 2,5(qQ , and intended for recording contemporaneously herewith, gra ted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. 1 i,^ Recorder SCHEDULE 'A' ?OOI(l?.fi6 FACE h99 ADJUSTABLE RATE NOTE NOTICE TO BORROWER: THIS NOTE CONTAINS A PROVISION ALLOW. ING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE "'ILL RESULT IN LOWER PAYMENTS. .......... Sep.tember.23....... 1993... ...... Shippensburg .......................... MA......... City State .41-Highland. Avenue .............Shippensburg, ...............PA .......................17257...... Property Address City State Zip Code 1. BORRON ERS PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S..45,5AO.Oa.. (this amount will be called "principal'), plus interest, to the order of the Lender. The Lender is....... Orzstown .Bank ...................... P.O. Box 250, Shippensburg, PA 17257 ............................................................................... 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 will be called the "Note Holder." 2. INTEREST Interest will be charged on that part of outstanding principal which has not been paid. Interest will be charged beginning on the date I receive principal and continuing until the full amount of principal I receive has been paid. Beginning on the date of this Note, I will pay interest at a yearly rate of ..6.50• ... %(the "Initial Interest Rate'). The interest rate that I will pay will change in accordance with Section 4 of this Note until my loan is paid. Interest rate changes may occur on the ..23rd.... day of the month beginning on ....Sepzetpber..23 ............. 199.4... , and on that day of the month every ....12.... months thereafter. Each date on which the rate of interest may change will be called a "Change Date." 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 ...23rd... day of each month beginning on ......Sept.ember..23 ............ .19.93... I will make these payments until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. I will pay all sums that I owe under this Note no later than .... August..23,. 2018 ............................... (the "final payment date'). I will make my monthly payments at ........ B.O. Box .253, . Shippensburg, PA. .1725.7............ ••••••••••••••••••••••••• ............................... or at a different place if required by the Note Holder. (B) Borrower's Payments Before They Are Due 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, l will tell the Note Holder in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a 'partial prepayment, there will be no delays in the due dates of my monthly payments unless the Note Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. (C) Amount of Monthly Payments 307 19 My initial monthly payments will be in the amount oa U.z, a .......:........ 11 the interest rate that 1 pay changes, the amount of my monthly payments will change. Increases in the interest rate will result in higher payments rr,,.t the increases in my monthly payments). Decreases in the interest rate will result in lower payments. The amount of my monthly payments will always be sufficient to repay my loan in full in substantially equal payments by the final payment date. In setting the monthly payment amount on each Change Date, the Note Holder will assume that the Note interest rate will not change again prior to the final payment date. PENNSYLVANIA AND NEW JERSEY-ADJUSTABLE RATE LOAN NOTE (Margin) EXHIBIT 9 ALLSTAn-INTERNATIONAL 4. INTEREST RATE CHANGES (A) The Index Any changes in the interest rate will be based on changes in an interest rate index which willbe called the "Index." The Index is the: [Check one box to indicate Index.] (1) ?e "Contract Interest Rate, Purchase of Previously Occupied Homes, National Average for all Major Types of Lenders" published by the Federal Home Loan Bank Board. (2) ®• Weekly, .average yield, .on United States Treasury Securities adjusted to ..................................................... a..g9iiPAqnt, maturity, of.one.year ............................................................... If the Index ceases to be made available by the publisher, or by any successor to the publisher, the Note Holder will set the Note interest rate by using a comparable index. (B) Setting the New Interest Rate To set the new interest rate, the Note Holder will calculate my new interest rate by adding ............... ...................... Twq,?Ind„Thre,e-Fourths........................................................ percentage points (...2,75... %) to the Current Index. The Current Index figure is the most recent Index figure available .... A5 ... days prior to each Change Date. The Note Holder will then round the result of this addition to the nearest .....Ull.. of one percentage point (.Q.-.125 ... %). Subject to the limits stated below, the rounded amount will be my new interest rate until the next Change Date. [Check the appropriate basics/ to indicate whether there is any maximum limit on interest rair changes and/or limits on the interest rate under thumne; if no box is checked. there will be no maximum limit on changes and no limits on the interest rate.) (1) ? If this box is checked, there will be no maximum limit on changes in the interest rate up or down. The preliminary rate will be the new interest rate. (2) ® If this box is checked, the interest rate will not be changed by more than ... (?).... percentage points on any Change Date. The Note Holder will adjust the preliminary rate so that the change in the interest rate will not be more than that limit. The new interest rate will equal the figure that results from this adjustment of the preliminary rate. (3) ® If this box is checked, the interest rate will never be more than ..12 %or less than ..6. 25 ... %. (C) Effective Date of Changes Each new interest rate will become effective on the next Change Date. If my monthly payment changes as a result of a change in the interest rate, my monthly payment will change as of the first monthly payment date after the Change Date. (D) Notice to Borrower The Note Holder will mail me timely notice as required by law if the interest rate is to change. The notice will advise me of: (i) the new interest rate on my loan; (ii) the amount of my new monthly payment; and (iii) any additional matters which the Note Holder is required to disclose. 5. BORROWERS FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of ......i5.. 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.... % of my overdue payment of principal and interest. 1 will pay this late charge only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment by the date stated in Section 3(A) above I will be in default. (C) Notice From Note Holder 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 mailed to me. Even it, at a time when 1 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. • If more than one box is checked or if no box is checked. and Lender and Borrower do not otherwise agree in wriling, the first Index named will apple. (D) 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 b) me iut aii ab rcasunabic cwu and capcu>a to the eMcut out prohibited by applicable lain. Those expenses may include, for example, reasonable attorneys' fees. 6. WAIVERS Anyone who signs this Note to transfer it to someone else (known as an "endorser") waives certain rights. Those rights are (A) the right to require the Note Holder to demand payment of amounts due (known as "presentment-) and (B) the right to require the Note Holder to give notice that amounts due have not been paid (known as "notice of dishonor'. 7. GIVING OF NOTICES Except for the notice provided in Section 4(D), any notice that must be given to me under this Note will be given by mailing it by certified mail. All notices will be addressed to me at the Property Address above. Notices will be mailed to me 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 certified mail to the Note Holder at the address stated in Section 3(A) above. Notices will be mailed to the Note Holder at a different address if 1 am given a notice of that different address. g. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note is also obligated to keep all of the promises made in this Note. 9. LOAN CHARGES It could be that this loan is subject to a law which sets maximum loan charges and that law is interpreted so that the interest or other loan charges collected or to be collected in connection with this loan would exceed permitted limits. If this is the case, 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 me which exceeded permitted 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 treated as a partial prepayment. 10. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated September 23....., I9 93,.,protectstheNoteHolderfrompossiblelosseswhichmightresultifIdonot keep the promises which 1 make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. One of those conditions relates to any transfer of the property covered by the Mortgage. In that regard, the Mortgage provides in paragraph 17: 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 lawns 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. An Adjustable Rate Loan Rider cupplementc the Mnrtgape and provides! If there is a transfer of the Property subject to paragraph 17 of the Security Instrument, Lender may require (I) an increase in the current Note interest rate, or (2) an increase in (or removal oo the limit on the amount of anyone interest rate change (if there is a limit), or (3) a change in the Base Index figure, or all of these, as a condition of Lender's waiving the option to accelerate provided in paragraph 17. .?/ ..... `? ...(Seal) Borrower Robert W. Shoemaker .............................................(Seal) Ma ina Shoemake Borrower ,((ale ... CY PZueefi Sal .. .!l... ......................(Seal) Borrower (Sign Original Only) UNCONSUMUN tOW U9 MA91 IN, I/Ut Turc Law Offices RON TURD, Esquire ROBERT J. MULDERIG, Esquire LISA M. GREASON, Esquire DAVID A. GREENE, Esquire 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 245-9688 800 562-9778 Fax (7171245-2165 July 15, 1999 Robert Shoemaker 41 Highland Avenue Shippensburg, PA 17257 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 MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP 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 Agency 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 explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT el ALL"STATE01101KI TIONAL LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert and Martina Shoemaker PROPERTY ADDRESS: 41 Hiahland Avenue Shiooensbura PA 17257 LOAN ACCT. NO.: 1030002222 ORIGINAL LENDER: Orrstown Bank CURRENT LENDER/SERVICER:Orrstown Bank IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are 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 this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY HIR FnAPa _=jjr, .A. MM , A., ...__ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 telenhnna ntimhcrc set forth at the end of this Notice It is only necessary to schedule one facedo-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 probler ith 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 and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emerqencv 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: 41 Hiahland Avenue Shipgensburg PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:. March 1999 - $351.77: April 1999 - $351.77• May 1999 - $351.77: June 1999 - $351.77: and July 1999 - $351.77 Other charges (explain/itemize): Late fees and collection fees - $162.94 TOTAL AMOUNT PAST DUE: $1.921.79 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,921.79, 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: TURO LAW OFFICES ATTN: LISA M. GREASON, ESQUIRE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Name of Lender: Orrstown Bank Address: P.O. Box 250.77 East King Street Shia aensburg. PA 17257 Phone Number: (717) 530-2661 Fax Number: (717) 532-4099 Contact Person: Bets y J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 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. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE 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 Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6d' Street Harrisburg, PA 17101 (717) 234-5925 Fax(717)234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax(717)334-8326 Community Action Comm. of the Capital Region YWCA of Carlisle 1514 Derry Street 301 G Street Harrisburg, PA 17104 Carlisle, PA 17013 (717) 232-9757 (717) 243-3818 Fax (717) 234-2227 Fax (717) 731-9589 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 Financial Services Unlimited 31 West 3`d Street Waynesooro, PA 17268 (717) 762-3285 Turo Law RON TURD, Esquire ROBERT J. MULDERIG, Esquire LISA M. GREASON, Esquire DAVID A. GREENE, Esquire July 15, 1999 Martina Shoemaker 117 East Main Street Newburg, PA 17240 ACT 91 NOTICE 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 245-9688 800 562-9778 Fax(717)245-2165 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached Pages. The HOMEOWNER'S MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the Program works To see if HEMAP 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 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 explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT -- ALLSTATE'IHfENNAixN1Al LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert and Martina Shoemaker PROPERTY ADDRESS: 41 Highland Avenue. Shippensburg PA 17257 LOAN ACCT. NO.: 1030002222 ORIGINAL LENDER: Orrstown Bank CURRENT LENDER/SERVICER:Orrstown Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are 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 this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) 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-tace 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 and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcv you can still apply for Emergencv Mortstaqe 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: 41 Highland Avenue Shiopensburg PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:. March 1999 - $351.77• April 1999 - 1351.77: May 1999 $351.77: June 1999 - $351.77* and July 1999 - $351.77 Other charges (explain/itemize): Late fees and collection fees - $162.94 TOTAL AMOUNT PAST DUE: $1.921.79 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,921.79, 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: TURO LAW OFFICES ATTN: LISA M. GREASON, ESQUIRE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. within the THIRTY (30) DAY period and foreclosure proceedings haveybegun`,eoutstillrhaveeth eri„hl} to cure the default and Drevent the -?i? ....A'- the _mortgage, Curin "'° ' ' uer anD D ertormin an other re uirements under g your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be aPProximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE 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 Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rtl Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6t' Street Harrisburg, PA 17101 (717) 234-5925 Fax(717)234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region YWCA of Carlisle 1514 Deny Street 301 G Street Harrisburg, PA 17104 Carlisle, PA 17013 (717) 232-9757 (717) 243-3818 Fax (717) 234-2227 Fax (717) 731-9589 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax(814)623-7187 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 Financial Services Unlimited 31 West V Street Waynesboro, PA 17268 (717) 762-3285 SENDER: « .Cangr.lt n. t rldar 2lar adddonY eenilom I also wish to receive the • ?? 3,41a, ertd b• Print b I'llIN rid address ere In reverse of this form so NM w=return dlle : tolloMrig services (for an e%tR nee): d l d1M bmr lu IM front of dM maffleM or ort 1M bad it epeW does not CA01 ' . rry L 1stunt he s 1. ? Addressee s AddfMs ?Th e Return pt YAN ohmtto rom the mdse wes de weeriedaia end the data 2 . 13 Restricted Del" domed Consult postmaster for tee. 3. Article Addressed to: 4a. Article Number Robert Shoemaker Z 452 476 403 41 Highland Avenue 4b. Service Type Shippensburg, PA 17257 ? Registered *Certilled g ? Express Mali ? insured .r Realm Reosipt for Mendandse ? COD 7. Date of Delivery 7-aa ? . 5. Received By. (Print Neme) S. Addressee's Address (ONy If requeded and lee is paid) 5. Signal : (?Iddre see or Agent) X PS Form 1811. December 1994 Domestic Rahlm Ran Int v v a c a° O O 0 N a 1030002222 cdfm1x) Z 452 476 403 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn nnl nm Inr Inrnmer. -t el,a re.., .,..._-.k %6rt Shoemaker Street %Number 41 Highland Avenue Port OIGCO, Stale, d ZIP Cotla Shi nsbur PA 17257 Postage Is .55 Certified Fee -109 ), Gl] I Special Delivery Fee Restrided Detivary Fee Return Recatel Showing to Whom A Date Delivered RMUmRereq 5lowrcgb Vman, Date. & Addressee's Address 1.25 TOTAL Postage d Fees $ '=5 ?. Poslmad or Dare July 15, 1999 M1 7 aCWVWO UPS I SWor 2 for ON" esrvloaa. sCmplau hire 3 416 W At I also w1efl to fecelve the . , errd addraes on dM rawaa o1 Wa lorrrh w eut w ben Wa fola&ft sserWces extre fee): (10t an . A n a c n ties fam to the front of the mrl*n. «m ur book n.pew does not m !! p o?? r ,r?t yy ?t aM/Ma'Relurn ReMMW Re UMVd'On lbo l 1. 13 Addreasee'3 Address g ma l below the ar :The Return RecNpt we snow to whom the aMds bop dalvarM ticle WNW and the d0 2.13 Restricted Delhrery Consult posirnmter for fee. 3. Article Addressed to: 49. Article Number Martina Shoemaker - Ll o? y7& YOD 117 East Main Street 4b. Newburg, PA 17240 0 Repedi ? Exprerew ss M Map p Insured Relum Reoelpt for Merchandise E3 COD 7. . Date of Delivery Ct - ? 49 5. Received By. (Print Name) S. Addressee's Address (Only Nrequested /et ?h'n a ??7 rn , w, end fee is Paid) 8. signal (Addressee or q .? x IG/ ?`rln [?7?,¢S Ps Form 3811, December 1994 Domestic Retum a int ?0'? DO o7a.1 .2 (dnktb Z 452 476 400 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Postage $ Cenried Fee / -- 2 - //' Seeder Delivery Fee Resrnged Delivery Fee m m Return flecopt SnOWlnl TOTAL Ponagc A Fees ? PosenaM Or Dahc a , urn r:i= W? -? 0 4- ? 0 L _ 00 CO SHERIFF'S RETURN - REGULAR CASE NO: 1999-05814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER ROBERT W the defendant, at 18:14 HOURS, on the 1st day of October 1999 at 41 HIGHLAND AVENUE SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to ROBERT W. SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers.; Service 18.00 [.p8?; Service 12.40 C Affidavit ,00 Surcharge 8.00 omas ine, eri $=-70-LISA R90N 10/04 / 99 by f'oep u y i Sworn Band subscribed before mem this n 5 day of 19 A.D. 5 ono ary SHERIFF'S RETURN - REGULAR CASE NO: 1999-05814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER MARTINA the defendant, at 18:14 HOURS, on the 1st day of October 1999 at 41 HIGHLAND AVE SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to ROBERT W. SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service Affidavit .00 ! Surcharge 8.00 R-Tomas-KTi`ne, S end- - XLISA GREEA9S90N 10/04/19 by epu y 1 Sworn and subscribed A0 before me this (2?fl5) day of ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES Date ( Lisa M. G eye n, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Robert W. Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURD LAW OFFICES Lisa M. ea#op, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff C) ? C i . ._ T ??i.. L:??- _ ? ?. )'? :. ?ji? rL '??-% ` . ?iJ 4? ' ! ? LV II L: : ,: 1i1J L. 1;_ r ?j n_ Ci -? O c'. U ?'; r. y?} ,+ ;'?r ,`' y, '?# ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Qi I (c, C) Date Respectfully Submitted TURO LAW OFFICES Lisa M. Gr son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the l51 day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 17240 TURO LAW OFFICES Lisa M. ea qri, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Y C? C j Urn ? Jl 1-? .4 J ? .. 1 L] ! I:IL? LL :i. L•! '.JCL G o U SHERIFF'S RETURN - REGULAR CASE NO: 1999-05814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER MARTINA the defendant, at 18:00 HOURS, on the 4th day of November 1999 at 117 EAST MAIN STREET NEWBURG, PA 17240 CUMBERLAND County, Pennsylvania, by handing to MARTINA SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. i Sheriff's Costs: So answers: Docketing 18.00 Service 12.40 2 Affidavit .00 Surcharge 8.00 R^ omas ine, eri ?8.,iu TUROSLAWW OFFICES 11/1999 by ?o °-- y W&WriLE Sworn and subscribed to before me this C, et' day of 1929 A.D. -F o0 otno?ary ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendant;: : IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT TO: Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Please enter judgment in favor of Plaintiff, Orrstown Bank and against Defendant, Robert W. Shoemaker and Martina Shoemaker in the amount below. Defendant was served with a 10 Day Notice dated and served December 1, 1999, as evidenced by the attached copy of the Notice and Certificate of Service attached hereto and incorporated herein as Exhibit W. a. Principal $41,314.50 b. Interest to 8/13/99 $1,457.76 C. Late charges to 8/13/99 $52.74 d. Attorney's fees $4,550.00 Total Amount: $47,375.00 Plus additional interest at 8.125%, cost and expense of suit and actual expenditures to preserve security until date of distribution. 11115)qq Date Respectfully Submitted TURD LAW OFFICES Lisa A season, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 c il DATE OF NOTICE: December 1, 1999 IMPORTANT NOTICE y YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES Date Lisa M. G e n, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Robert W. Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURO LAW OFFICES Lisa M. ea c , Esquire 32 South Be rd Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM c) c. w CIVIL ACTION - LAW IN MORTGAGE IMPORTANT NOTICE FORECLOSURE T o o I C-1 , ;rn YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I, mcm Date Respectfully Submitted TURO LAW OFFICES Lisa M: Gr son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the 1L day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 47240 TURO LAW OFFICES Lll1tiJ ? Lisa M. ea Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 11 a o- v w Z S o- p Q c. Ci n J ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 You are hereby notified that on December 15, 1999, the following judgment has been entered against you in the above captioned case: Judgment in favor of Orrstown Bank and against Robert W. Shoemaker and Martina Shoemaker in the amount of $47,375.00, interest at the current rate of 8.125%, additional costs and expense of suit and actual expenditures to preserve security until date of distribution. By the Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. Rules of Civil Procedure §236 are: Martina Shoemaker 117 East Main Street Newburg, PA 17240 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION -LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 You are hereby notified that on December 15, 1999, the following judgment has been entered against you in the above captioned case: Judgment in favor of Orrstown Bank and against Robert W. Shoemaker and Martina Shoemaker in the amount of $47,375.00, interest at the current rate of 8.125%, additional costs and expense of suit and actual expenditures to preserve security until date of distribution. By the Prothonotary 0 I hereby certify that the name and address of the proper person to receive this notice under Pa. Rules of Civil Procedure §236 are: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 SS' / y 7tc. 9 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and, MARTINA SHOEMAKER Defendants ( ) Confessed Judgment (X) Other File No. 99-5814 Principal Due $41,314.50 Interest $1,457.76 Late Charges $52.74 Escrow Due $ Unapplied Credit $ Atty's Comm. $4,550.00 Goats $47sef}e0 P? Interest from 8/13/99 , $9.01 until Sheriff Sale per diem TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendants 41 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee for the following property (see attached legal description) see above and all other property of the Defendant in the possession, custody or control of the said garnishee. X (Indicate) Index this writ against the garnishee as a lis pendens against real estate of the Defendant described in the attached exhibit. Respectfully Submitted TURO LAW OFFICES Date Lisa r son, Esquire 32 South edford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. . ? ?; ? -i V V a ?T w? ? M ? Y, 1 \ J ? ` ?., ? -, a a J ?o ? t,„ n\ ORRSTOWN BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.2 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at See attached legal description 1. Name and address of owner(s) or reputed owner(s): Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 2. Name and address of Defendant in the judgment: Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 Orrstown Bank, Mortgage Foreclosure Southampton Township 28 S. Pitt Street C/o Michael Rundle, Esquire Carlisle PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 5. Name and address of every other person who has any record lien on the property: Name Orrstown Bank Address P.O. Box 250 Shippensburg PA 17257 PA Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 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: Name Address Southampton Tax Collector 110 Railroad Lane Vivian Coy Shippensburg PA 17257 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Orrstown Bank, Mortgage Foreclosure I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1-216-km Date LISA M. GgEASON, ESQUIRE TURO LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 78269 Orrstown Bank, Mortgage Foreclosure 1. 1 ? I ?\ r ? P P l:? ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Entry of Judgment, Praecipe for Entry of Judgment, and Praecipe for Writ of Execution upon Robert W. Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid on the r day of ( M 1 , 1999, from Carlisle, Pennsylvania, addressed as follows: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURO LAW OFFICES Lisa M. Grea§6n, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff :? ORRSTOWN BANK, ; IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Entry of Judgment, Praecipe for Entry of Judgment, and Praecipe for Writ of Execution upon Robert W. Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid on the -? day of 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Shippensburg, PA 17257 TURO LAW OFFICES L Lisa M. Weagdn, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Lisa M. Greason, Esquire, being duly sworn according to law, depose and say that a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on: Name Robert W. Shoemaker Address 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker Orrstown Bank Southampton Township Go Michael Rundle, Esquire PA Tax Claim Bureau 117 East Main Street Newburg PA 17240 P.O. Box 250 Shippensburg PA 17257 28 S. Pitt Street Carlisle PA 17013 Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Orrstown Bank, Mortgage Foreclosure Southampton Tax Collector Vivian Coy 110 Railroad Lane Shippensburg PA 17257 by mailing the same to them by U.S. First Class Mail, Certificate of Mailing on the ) (n day of December, 1999. Respectfully Submitted TURO LAW OFFICES _)'?Lj 7< 19C Date Sworn and subscrked to before me this day of December, 1999 \\L \1/?1 1 S iL'LV1-- LISA M. GRE^? S ., ESQUIRE 32 South Bedfafci Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff S.Ct. I.D. No. 78269 otary u4 i OWNW9 BM, c, C4Lqty' P", Orrstown Bank, Mortgage Foreclosure -?' ?? ? t 2 m ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 43129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse Carlisle, Pennsylvania 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 improvements erected on the land. THE LOCATION of your property to be sold is: 41 Highland Avenue, Shippensburg PA THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5814 in Cumberland County, Pennsylvania THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Robert W. Shoemaker and Martina Shoemaker A SCHEDULE OF DISTRIBUTION, being a list of the person, 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 the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County to set aside the sale for a grossly inadequate price or for other property 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 Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days 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 Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, PA 17013, before presentation of the petition to the Court. LEGAL DESCRIPTION OF 41 HIGHLAND AVENUE, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. Tax Parcel No. 39-36-2438-027 Seized and Sold as the property of ROBERT W. SHOEMAKER and MARTINA SHOEMAKER under Writ No. 99-5814. i M -4 v a ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 3129.2 I, Lisa M. Greason, Esquire, being duly sworn according to law, depose and say that a true and correct copy of the Notice of Sheriffs Sale of Real Property in the above- captioned case was served on: Name Robert W. Shoemaker Martina Shoemaker Southampton Township Go Mike Rundle, Esquire Vivian Coy, Tax Collector PA Tax Claim Bureau Orrstown Bank Address 41 Highland Avenue Shippensburg, PA 17257 117 East Main Street Newburg, PA 17240 28 South Pitt Street Carlisle, PA 17013 110 Railroad Lane Shippensburg, PA 17257 1 Courthouse Square Carlisle, PA 17013 Hand Delivered 4 by mailing the same to them by U.S. First Class Mail, Certificate of Mailing on the 20th day of December, 1999, as evidenced by the attached Post Office receipt cards dated December 22, 1999. Respectfully Submitted TURO LAW OFFICES Date Swom and subscribed to before me this/ Y day of January, 2000. Lisa M. Gre0on, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff /"Public NOTARIAL SEAL KRISTEN ANN CLIPPINGER, Notary Public Carlisle Boro, Cumberland County, PA M Commission Expires Nov. 13, 2000 Shoemaker - 99-5814/99-5815 Z 452 476 353 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intwmalinnnl Meil /Coo .e........r If C O 0 LL rn a Santm Robert W. Shoemaker Street 8 Number Pa Ica, ute d IF Caae Su"Wensburg, , PA 17257 Postage $ .77 Certified Fee 1.40 Spedal Delivery Fee Restricted Delivery Fee Relum Receipt Shmwing to Wlwln a Date [Severed 1 .25 Realm Reap) DID" W Wbun Date, 6 Addressee's Address TOTAL Postage B Fees $ 3.42 Po tinaM or Dale December 20, 1999 g SENDER: I also wish receive the follow- lit 4 L' o complete its" t e d for atltlitional eeMCea. me 3, a. an 4b. complete h P Ing serVICB9 (for an extra (Be): o O rim your name and 0ddir tlreas on aro reveres Of Ina loan so that wa can return this Card to ou y . Mach this t O Mach loan to the hunt of the mailpiece, or on the Dark it apace does not 1. p Addressee's Address 4 nne O Write Wer d Z• O Restricted Delivery 5 C arm the the ailpieca below the adi number. e Receipt Will di to O Tlb Return ecNpl will show to who IM a,11,10 was delivered and nd the Date p delivered. Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 Z 452 476 353 ? Registered Werdfled ??Express Mail ?Insured li,/ROturn Receipt for Merchandise ?COD lee is paid) i d ' December 1994 1025e5-99-e-0ns Shoemaker 99-5814/99-5815 Z 452 476 354 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mall /San muamal ?p g co co 0 LL rn a. Sent to Martina Shoemaker sreel a Number Poet Glace, Smte, a LP Coda Newburci, PA 17240 Postage $ 7' Certified Fee 1.40 Special Delivery Fee Restricted Delivery Fair Return Receipt Showhp to Whom a Date Delivered 1.25 Ream Recap)SheepbRho , Date, a Addressee's Address TOTAL Postage a Fees $ _?, 7 Postmark of Date December 20, 1999 scnusan: I also wish to receive the follow. - o complete dams I and/or z for additional services, ing services (for an extra fee): Complete dame 3, 4a. and 4b. O Prim your name add address on IN reverse of this farm so that we can return Ihis a{ cab to you. 1. D Addressee's Address . Q • Affect, INn loan to the front of the mad piece, of on IN bed, if apace does ral permit. 2. D Restricted Delivery Fi o Wdle 'Refum Racelpf Requested-on the meilpiece Nbw the amide number. O O The Return Receipt veil show to whom the article was delivered and the dale delivered. . Article Addressed to: 4a. Article Number Z 452 476 354 F Martina Shoemaker 4b. Service Type d8 117 Fast Main Street O Registered )(Certified Newburg, PA 17240 D Express Mail D Insured . )Return Receipt for Merchandise DCOO ' J SA 7. Date of Delivery 1 6e f i w; 1,9-.21-99 Riv By: c P e B. Addressee's Addi ss (Only if requestild and - fee is paid) PS Form 3811, December 1994 IetSaeiHO-0223 SW'maker - 99-5814/99-5815 Z 452 476 3511 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided I Fee Delivery Fee 0 Delivery Fee $ .77 1.40 Uo TDTru Postage a Fees $ 3.42 € PosanerltaDay 12 December 20, 1999 rn a o- $ SENDER: I also wisereceive the follow- g 0 Cte home 1 a a, 2 far atlrklional eamcea. CW(00anplota items, 3,4a, 4E. IDg services (for an extra lee): C O Prim your name aM address on Itwt reverse of alis form no that we can return tNa E carol to you. O A tads INS Form 10 The front of the madpiece, or an the back if Space Was = 1. 11 Addressee's Address is peel. 2. O Restricted Delivery 5 0Wdle'Refum Receipt Re4rreafeol'on the madpiece below the article number. O The Return Receipt wit show la whom IM anode was dolivered and the tlah, p deliveretl. 3. Article Addressed to: 4a. Article Number Z AS2 476 150 Southampton Township 41b. S ervice Type c/o Michael Rundle, Esquire 0 Registered ACertified 28 South Pitt Street ? Express Mall ? Insured ;KRetum Receipllor Merchandise ?COD 7. Date of very -a;-,F5. Received By: (Print Name) B. Addressee's Address (Only l re uestad and fee is paid) u 6. Sig re (Addressee o enf) 7 A ;1) N PS Form 3311, December 1994 102595 W-1-0 23 Domestic Return Receipt u ?i Shoemaker - 99-5814/99-5815 Z 452 476 349 US Postal Service Receiptcefor Certified Mail No Insuran Coverage Provided. $ .77 Delivery Fee W DNwry Fee 0 TOTAL Postage 8 Fees f 3.42 Pasenark arDate ° December 20, 1999 N o. m SENDER: I also wish receive the follow - 0 , ? Compete perm t a for additional eervicea. Nome 3, a 4a. Complete Ing eerVICBS (for an extra lee): d your home O Print your me and r address on the ravens of this lortn w that we :an slum the card to you. o A eor1M "a loan to the from of the moilpiece, or on the Face it space does not 1- ? Addressee's Address y pe mn. O ea R i t 2. O Restri cted Delivery 5 ece p w the mailpiece below dr arl Wismar. Th m and O The RQtum etum Ft Rocaipl win ShIl show t to whom me 1W, w1, as delivered and the dale R 3. Article Addressed to: 4a. Article Number 13. Z 452 476 349 E Vivian Coy, Tax Collector 41d. Service Type 8 110 Railroad Lane ? Registered )(Certified d ShiPpensburg, PA 17257 0 Express Mail C1 Insured Retum Receipt for Merchandise ?COD 7. Date of Delive - 22 r 5. Received By: (Print Name) 8. Addressee's Address (Only If request and c fee is paid) ; r December 1994 IM595{9 a-0223 Shoemaker - 99-5814/99-5815 Z 452 476 352 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. tariisle, PA 17013 P$ .77 1.40 Fee ry Fee towing to aGVertd 1.25 Postage 8 foes I $ December 20, 1999 m SENDER: I also wish to receive the follow. Vi D Complete eente t and/or 2 for acidlional services. ing services (for an extra fee): g Complete lime 3, 4a, and 4b. m O Print your nano end address m the reverse of the faint so final we can return the card to yyoov or on the back it space does not a Affect, gs form to the frmt of the mallpiec t 1. ? Addressee's Address , permit. 2, 0 Restricted Delivery o sr O Wife 'Return Recwipf Re4uasfod'on the madpece below the article number. r$ O The Return Recaps wel show to whain the snide was delivered and the date delivered. 3. Article Addressed to: 4a. Ar ticle Number p Z 4R7. 476 3R? a p PA Tax Claim Bureau 4b. Service Type Certified ? Registered S Ctmtber'land County Courthouse ail ? Insured ? Express Mail One Courthouse Square Return Receipt for Merchandise ?COD 9 Carlisle, PA 17013 r 7. Date of Delivery S. Received By: (Print Name) B. Addressee's Address (Only it requested and e JAt r- lee Is paid) c I: Signatu (Addressee get r) T N PS F 3811, December 1 4 102595.99-BA223 Domestic Return Receipt o, N ..J •_ 1 - f.L . U •? U ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Default Notice filed in the above captioned cases upon Robert Shoemaker, by certified mail, return receipt requested and first class mail on December 1, 1999 addressed to: Robert Shoemaker 41 Highland Avenue Shippensburg, PA 17257 and did thereafter receive same as evidenced by the attached Post Office receipt card dated December 9, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES it /3kzl Date Lisa M. Gr on, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Default Notice Z 452 476 360 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use Inr InmmmL.eel urn ,e.._ u m m G O CO 0 LL N a Sent to bert Shoemaker l A Number Hi hland Avenue Office. Side, d ZIP Code i nsbur PA 17 7 ge S lm d Fee al Delivery Fee icted Delivery Fee Receipt Stowing to 8 Date Delhere0 .02 ReceptStm q o Wham, Add'essads Add m L Postage 8 Fees $ 3 ark or Date December 1, 1999 v SENDER: a q 0 Cumpala eeme t "of 2 br.ambonel 90,Aws. Comprne name 3, 4a; and 4b. P i I also wish to receive the foil ow- Ing services (for an extra fee): O r m yew name ere address on the reverse of IN. bra so that we can return it,, rare to ou . 1 Q ' O Adech This bra to the from Of the mailgece, or an the beak it apa ce does not . Addressee s Address pemut. 0 Write'Rabrrl Receipt Raovested'on Me mailrslace below the arfide number 2. 0 Restricted Delivery { C p . 0The Return Reeolpl wall slaw to whom IM mitre Ares rbtivemd and Ile data delivered. 3. Article Addressed to: 4a. Article Number i Robert Shoemaker Z 452 476 360 41 Highland Avenue 41b. Service Type ShippeMburg, PA 17257 0 Registered *Certified 0 Express Mall 0Insured i ; Return Receipt for Merchandise aCOD 7. Date of Delivery 5. Received By: (Prior Name) /?? .-` 8. Addressee's Address (dory ll requesrederW fee is paid) a ? - etu A res a or g ) I S Fo 1 , ecember 1994 102595-99?8-= Domesdo Return Receipt„ >i '`„?5 ,,,, - - _. O °j CJ ORRSTOWN BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW S' MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE J:,. I HEREBY CERTIFY THAT I served a true and correct copy of the Default Notice filed in the above captioned cases upon Martina Shoemaker, by certified mail, return receipt requested and first class mail on December 1, 1999 addressed to: Martina Shoemaker 117 East Main Street Newburg, PA 17240 The certified notice was not claimed and was returned. However, the notice sent by first class mail has not been returned. Therefore, service is complete. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURD LAW OFFICES //3 zd Date n Lisa reason, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Default Notice Z 452 476 362 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Main $ .55 1.40 m fletum Recelp Siwnvip to ^ WhpnBealeDeGrelee 1.25 5 TDI TAL Ponape" Fees 1f 3.20 1 December 1, 1999 t 0 Turo Law 6fres 32 South Bedford Street _-- Carltsle,Pennsylval2ia170I3 Z 452 476 362 Q f it I???K pr y Martina Shoemaker ?? I " 117 East Main Street i Newburg, PA 1 - ? i I 4 T...' I- ssaippe u1nla1 aq1 (o )11611 ay) o) adoIenua 1o do) LOAD aul )e PIOJ C'. v SENDER. I also wish to receive the follow- w o complete items I andror 2 for additional services. Ing services (for an extra tee): m Complete items 3, as. and 4b. O Prior your name and adlress on the reverse of this form so Nat we can return this card to you. 1. ? Addressee's Address m a Atlaw this form to the front of the mailplece, or on use bark it spats, does not permit. 2. ? Restricted Delivery o O Wdte 'Relum Receipt Roquesred-on the mailpiece below lha aride number. O The Return Receipt vall show to whom the leads was delivered and the date o delivered. v 3. Article Addressed to: 4a. Article Number m 2 452 476 362 c Martina Shoemaker 4b. Service Type 0 117 East Main Street ? Registered Nedified Newburg, PA 17240 ? Express Mail ? Insured Return Receipt for Merchandise ?COD 7. Date of Delivery 5. Received By: (Print Name) 6. Addressee's Address (Only if requested and fee is paid) 5 6. Signature (Addressee or Agent) 0 T M PS Form 3811, December 1994 102595.99 B-0223 Domestic Return ReceiF _G c a N `o 0 a Y c or r w t - - y . t,ui ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5814 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 r( I, ac?? Date Respectfully Submitted TURO LAW OFFICES Lisa M. Gr son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff lyERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 17240 TURO LAW OFFICES Lisa M. ea Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5815 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ).\?_ 1 111`1 I Date Respectfully Submitted TURO LAW OFFICES Lisa M. re n, Esquire 32 South B dford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the rs; day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 17240 TURO LAW OFFICES Lisa M. r on, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff STATE OF PENNSYLVANIA, l COUNTY OF CUMBERLAND J SS. Robert P Ziegler I?------------------------------------------------------------------------------ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Orrstown bk is the grantee the same having been sold to said grantee on the --------- 3rd --------------------------------- day of May ---------------------------------------- A. D., under and by virtue of a writ-------------- execution 15th ------------------------------------------------issued on the ------------------------------------- December day of -------------------------- A. D., 19- 99 , out of the Court of Comment Pleas of said County as of civil ------_ ------99 ---------- -------------------------------------------------- Teren,19_ ----- 5814 Orrstown Bk Number--------------, at the suit of------------------------------------------------------------- Robert W Shoemaker & Martina ----------------------------------- against---------------------------------------------------- is duly recorded in Sheriffs Deed Book No. 224...... Page __ 444 ------- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this = -----_ day of --- J------------------- A. D., py,24ao ------------------- Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA Ny Comrsh won Expires the First Monday of Jan. 2002 Orrstown Bank -vs- Robert W. Shoemaker and Martina Shoemaker In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-5814 Civil Christopher Evans, Deputy Sheriff, who being duly sworn according to law, says on January 7, 2000 at 3:12 o'clock P.M. EDST, he posted a copy of real Estate Writ Notice Poster and Description in the above entitled action upon the property of Robert W. Shoemaker and Martina Shoemaker located at 41 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania according to law. Harold J. Weary Deputy Sheriff, who being duly Sworn according to law, says on January 13, 2000 at 11:38 o'clock A.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Robert W. Shoemaker, by making known unto Robert Shoemaker at 41 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on January 28, 2000 at 6:20 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Martina Shoemaker, by making known unto Martina Shoemaker at 117 East Main Street, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the above entitled action by regular mail to one of the within named defendants to wit: Robert W. Shoemaker to his last known address 41 Highland Avenue, Shippensburg, Pennsylvania. This letter was mailed under the date of January 31, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 by regular mail to one of the within named defendants to wit: Martina Shoemaker to her last known addressl 17 East Main Street, Newburg, Pennsylvania. This letter was mailed under the date of January 31, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff who being duly sworn according to law says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on May 3, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum of $ 1.00 to Attorney Lisa Greason for Orrstown Bank. It being the highest bid and best price quoted for the same Orrstown Bank of P.O. Box 250 77 East King Shippensburg. Pennsylvania being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $ 937.08 it being costs. Docketing 30.00 Poundage 18.37 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer Law Library County Mileage Certified Mail Levy Postpone sale Surcharge Law Journal Patriot News Distribution of proceeds Share of Bills Sheriffs Deed Sworn and Subscribed To Before Me This Day ofQ,4 2000, A.D. r. Proth6n notary 10.00 .50 1.00 37.82 1.42 15.00 20.00 24.00 363.05 279.34 25.00 25.08 26.50 $ 937.08 Pd by Atty 6/20/00 IL-Thomas Kline, Sheriff By de4& Real Estate Deputy OVAL a 10 C4, jr 9 -7 2C - 9Ycfv P!A-L ESTATE S•AiE 140 51 51,000.00 Advance Costs Paid 12/20/99 km-. Lisa Greason Assessed Valuation S 6510.00 WRIT NO, 99-5814 Civil Orrstown Bank Robert W. ,Shoemaker and Martina Shoemaker 41 Highland Avenue Shippensburg, PA REAL DEBT $41,314.50 I'N'TEREST 8/13/99 to sale 9.01 per diem 1,457.76 ATT'SFEW Commission 4,550.00 WRIT COST;?.TTY 162.80 ESCROW LATE CH.-aRGE 52.74 SHE PUFF'S COSTS Docke_in2 Poundage 30.00 Pos.in_ Bills 18.37 15.00 Ad e=sing 15.00 Ackno%vledging Dee- 30.00 Auct:eneer 10.00 La-,v t ibrar: .50 Counr' 1.00 tilllea_e 37.82 Ce^ 1f ail 1.42 15.00 Postpone Sale 20.00 Surcharee 24.00 r e?a1 Search L_x Jour.al 363.05 Patriot 279.34 Share of Bills 25.08 Distribution of Proctt-s 25.00 She: s Deets 26.50 STAMPS Pa. Transfer Tax T«p or Boro Tran_,`er Tai TAPES 1999-2000 School Taxes 934.52 2000 County Library & Township Taxes 252.04 Tax Claim Bureau 1513.15 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.2 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at See attached legal description 1. Name and address of owner(s) or reputed owner(s): Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 2. Name and address of Defendant in the judgment: Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 Orrstown Bank, Mortgage Foreclosure Southampton Township 28 S. Pitt Street Go Michael Rundle, Esquire Carlisle PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 5. Name and address of every other person who has any record lien on the property: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 PA Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 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: Name Address Southampton Tax Collector 110 Railroad Lane Vivian Coy Shippensburg PA 17257 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address )rrstown Bank, Mortgage Foreclosure I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date LISA M. OgYASON, ESQUIRE TURD LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 78269 Orrstown Bank, Mortgage Foreclosure ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5814 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 43129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse Carlisle, Pennsylvania 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 improvements erected on the land. THE LOCATION of your property to be sold is: 41 Highland Avenue, Shippensburg PA THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5814 in Cumberland County, Pennsylvania THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Robert W. Shoemaker and Martina Shoemaker A SCHEDULE OF DISTRIBUTION, being a list of the person, 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 the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE. You may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County to set aside the sale for a grossly inadequate price or for other property 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 Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days 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 Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, PA 17013, before presentation of the petition to the Court. LEGAL DESCRIPTION OF 41 HIGHLAND AVENUE, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common comer of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. Tax Parcel No. 39-36-2438-027 Seized and Sold as the property of ROBERT W. SHOEMAKER and MARTINA SHOEMAKER under Writ No. 99-5814. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland NO. 99-5814 CIVIL 49 TERM CIVIL ACTION - LAW To satisfy the debt, interest and costs due ORRSTOWN BANK from Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 Martina Shoemaker 117 East Main Street Newburg, PA 17240 (1) You are directed to levy upon the property of the defendant(s) and to See attached description of property (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 isfoundinthepossession ofanyoneolher than a named garnishee, you are directed to notify hinvher that he/she has been added as a garnishee and is enjoined as above slated. Amount Due $41,314.50 From 8 un i er- aI-e- - Interest $ ,4 7.76 (Per Diem $9.011_ Ally's Comm % $4,550.00 Atty Paid $162.80 Plaintiff Paid Date: December 15, 1999 REQUESTING PARTY: Name Lisa M. Greason, ESQ Address: 32 South Bedford Street Carlisle, PA 17013 Attorney for: Plaintiff L.L. $0.50 Due Frothy $1.00 Other Costs Late Charges $52.74 Curtis R. Long Prothonotary, Civil Division by: L I e ... L Ylul2 Q.e.. Deputy Telephone: (717) 245-9688 Supreme Court ID No. 78269 !!y If?ii :€. 1l . i . C .. Cur, b i o m -'T w n I" N ? T S ± Y fn 'A _1 T I (sir MR LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT•LAW HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET HAROLD S. IRWIN, I I I CARLISLE, PENNSYLVANIA 17013 JOHN J. BARANSKI, JR. www.irwinlawoffice.com HEATHER A. BARBOUR E-mail: invinlaw@epix.net PARALEGAL December 18, 2000 JOEL R. ZULLINGER, ESQ. ZULLINGER and DAVIS 14 N MAIN ST SUITE 200 CHAMBERSBURG, PA 17201 For Professional Services rendered as follows: RE: ORRSTOWN BANK Lot 60 South Mountain Estates 1 Search $ 120.00 Overnight Fee $ 15.00 Balance Due $ 135.00 THANK YOU! 717-243-6090 PHONE 717.243.9200 FACSIMILE LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT•LAW HITHER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET HAROLD S.IRWIN, I I I CARLISLE, PENNSYLVANIA 17013 JOHN J. BARANSKI, JR. 717-243-6090 - - www.cenpenn.com11'nv1n1 PHONE HEATHER A. BARBOUR a-mail: irwinlaW@epiK.net 717-243-9200 PARALEGAL FACSIMILE December 18, 2000 JOEL R ZULLINGER ESQ ZULLINGER & DAVIS PC 200 CHAMBERSBURG TRUST BLDG CHAMBERSBURG PA 17201 RE: ORRSTOWN SEARCH Dear Mr. Zuilinger: Enclosed is Orrstown search. GENERAL INFORMATION: Owner: Orrstown Bank Parcel No.: 39-36-2438-027 Address: 41 Highland Ave Assess: Land: 770 *Deed Ref.: 224 Page 444 Imprv: 5740 Township: Southampton Total: 6510 Plan Name: South Mountain Estates Lot No.: Lot 60 Plan Book: 27 Page 17 §3 Desc.: House *Please note that the recital in your proposed deed needs corrected. DEEDS: 1. 26 T" 204 Subject to the following: a. All building plans must be approved b. An elevation plan must be filed Developer. MORTGAGES: 1. 1258 Page Borrowers: Lender: Amount: Dated: Recorded: by Developer. with Developer and approved by 323 - Previous owner. Robert W. & Martina Shoemaker Orrstown Bank $20,800.00 April 3, 1995 April 11, 1995 Page 2 Joel R. Zullinger, Esq. Orrstown Search MISCELLANEOUS: 1. 311 Page 47 Utility Easement Adams Electric Cooperative, INc. Dated: August 2U, 1985 Recorded: November 4, 1985 2. 221 Page 472 Utility Easement Adams Electric Cooperative, Inc. Dated: April 1, 1976 Recorded: April 23, 1976 3. 200 Page 409 Utility Easement Adams Electric Cooperative, Inc. Dated: December 26, 1970 Recorded: August 16, 1972 4. 194 Page 981 Restrictions for South Mountain Estates 5. 194 Page 858 Utility Easement The United Telephone Company of Pennsylvania Dated: June 9, 1971 Recorded: June 30, 1971 6. 103 Page 392 Utility Easement The United Telephone Company of Pennsylvania Dated: August 15, 1953 Recorded: August 31, 1953 JUDGMENTS: 1. 98-1167 Municipal Lien Amount: $59.61 Entered: March 4, 1998 Southampton Township Page 2 Joel R. Zuilinger, Esq. Orrstown Search 2. 99-1170 Municipal Lien Amount: $60.56 Entered: March 2, 1999 Southampton Township 3. 99.5814 Mortgage Foreclosure. your review. 4. 99-5815 Mortgage Foreclosure. 5. 2000.1311 Municipal Lien Southampton Township Amount: $60.56 Entered: March 8, 2000 I have included both mortgage foreclosure files for ARREARAGES: Please let me know if you would like a lien search from Domestic Relations. Should you have any questions, kindly advise me. Sincerely, Heather A. Barbour I t7 f r? 5 t to 1 7,,1 .Z3-------- Z5. 7.-3 i 1 43? ?. ?3-7 oZ5_- __._____ ._-._-. a_c-_Y_c_`?__•_?u Q.7, Ila.3>c??l Su.,.t?c....,.whH7w? r S la - L' 73 L OT 7 25' 22 L 1 - L _ "91--7¢- -__ ----- ?'? ? 5 n! IU 7 --_t T -_.. --- --- Lo -r c4 j- 4. -- ------ -- - --- -- 5 ??• ?_? S P 4 ?U _Loj-t72?--- - -- -- --- -- - --- r - - -2 1 It -r ...L o T-C.9 `I --- _ \; 5 .-- - - - LOT -24 - - x.1,1 22+?1r?? ? JuSePia (3. 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NPo ltryta .'j'irnr'?tVR t I l ?r0 ? ?Il U • r f ti A 1 , ¢S T ? r ,, 4t1?•r JyY r t ! I fY v f( ?r?J4t = t b V ., r ?` . ? 1 ! rYV C ` rf 'n f h fu. o- ? ? y? t N G SEG "')N THPFE tvi SOUTH MOON 7AfNF STATC-w r' S Y: y( F v .3 1 Y 7 Y,d 5 i :' - • ? ? }A?74? r I?f ti 1 ? ; r E,i M,.jtINpS - - GRRYhIG ::CaIE Ih flEf rl!,+f/? Y5,'y1Y. N' 9 1 ?' ??n A ?1! _ E •t.5 ????{ Y?t IYhY `1•,f v l Y,?'DA. ?iYfA r,. t }::y 1 rc.:C csrr . .v° .IYM I 1 V I I} Y 4341 .1'tJ N'/6 1 . y? 4R Y?S?tr[? rl wl ??n`?st :F ,,. - I a .r r Y 'x y•7 }ir rN x IrY.rPY.r,'4*at ytl U _,. " :. ''. *5^, •. f 1 ' /• R[COAC[ Ory_Cf OF TNt .. 01COADE4 C'CCfDf Clal[ENI? COONrf r[NNiII AN:f? Mu 17 9 ae dN 176 G dry 1 k` JoSEVn B. HAZZARD 1. r. 1SHa M v z ? Ctyy,,??f n T 3? Y li 1 rl - Ire A KAIL AVE'' o ?I e ! '' laves. re .oo 370.3130'W eO.eo Qe.,4' ?. } : 1!'• • ,] 14J OO 8 7oSl3o W 1'10.00 ISC.°°, 1 MI ! eW D.. Id_.L defbteK Lrne © s ..e? ® Q f?J•. rtl.ou' x: -T 0 J ` OGUO -0 o w+h 76 f? •? C 79 P e Ta R °0 7y 1 a q' Q^ G O I ,? 3L 8 r, tSO N€. t.yl '. w ° d • d )? r d ft ° r ^ o° ,r t / tr. 6 ti i ° d fads s v ?ll ey ~ f N .' ? e°y<. N b. 'Sr.A h i•.' P N I D12 pY e b ?. h ^ 24,033 sq Ff ti u - I'.3 r4>q h. A x: J? ep zlt7 H• if z 1?. t z w z 1 'IN7o a, ad"[` `F` ?? 7.p' Oe.e°• lea ee Ito. oO' 123.44 $10.31'3UW 17000' nS? 'N7r o ' W },30.00• ? 1, f1 4 1. N e L ae .. ?ti w r ?•,Z t! ? - .. 570•31'3o W O'E ?'? sw? 70 0 S Nes de ?S N.. .p er ; p'fo a !1 •° 4 '+r7i • <• 8f1 R< Y a<. a )4 te. dS 1 I O o LK py.e? fe• sN•gtLrf 8.1 q n d r o e : 1 ! s Fy,4tt !q.. O ° b°y < N 10 N . N 2.. laa 7F L•4i ?f. 9oa Sq fr ?, tt! L ;" ? ° < ? Zz 2r,oee 5q ft I J ? ;al •aee s* R..- x ?; 19 4e .N7o's, ]e'C ; pRr Y er'St ?2<SSea IVY 4,,318• FY °°p10 $ ;. :elp ee M!I ?yj `.':a^'>?a+ tr O p 1?.?x 685'•14 e. ga. g,p•)r'aow ISO eo' O a„ <. srY I a%ia ". 7 c`y nJ.oe I I tu yI. 1 cY f'y'., ayT fOs yb 'r1 NH]1j I?p,S it Yt „ S ]0<•ry W ti w R3 0 0 I" ° n ° ° 30 x ''p » ! pe } i \ 1 I 0? -Y{ $fY.l p N NI IN ^I 4I,rR J°O S?,r, N p• ^et 'Ll°w,% O??Ig', e PoOp t IV l:Q ep IB7' f1 /?19i Ot.ji >91• - O ZI,0001) Y .r b (6 !N ?ffe°DO A.j, 1Op•po. r 20 orY 5,' ', l09 2° N 1 jM'. c a• wi r ?.' °e. es ..-.\ N.. ?n. .'f 9QV '' R S70•)'sdw Z N M 1 !k O pO l?. 3 /p° o. • ,Pisa 050SO,0 O, t) ? .? e 0 °C. g4• M :I1S 1 .I. 1 3.2 Iep \ ?. r>. .0 z uO'tl'K 4°.o i>1'LLL575 ou W ° w. .. 4 cfla ^ N e by d ? lOr• r2. 54 e. 0 I 0 Oi K 27 a S O tf 8S• ° 0 90, e oc O? <,:?a 4] ti nseo =C 6•<? 0b SpO? ?? 75°]t rI0 G v ti 21,vou 4.q.fF i3w p .Pm<, eq rr. ,°< ° .t •.36 °O O° <:'.?b 15 <y ri ^f. N ^ 4 lO 4 INlo al seE'? < L,i ?M f S?) p 9`27. t \y 61 ., H A ro 3'10'31,30'7: - a} y fi. 3 ?' AY IN ,jC,'-:SZ E /oO.O fem.' 7 •N ,>. n 17a.oe• J °. I . ,6e on ?> s ?•sy'!yR fi'Cq/`rO., o.. '/;.. `\'. A3 .. .: ". (^ fie ^ .o¢ e II_ is -'`a';?. 61 t7 li, ee .? 0 r ... :.AYE. C °p H '924~fr• bx J I o'H I':8 t„/,y IF.N ? ti2 v t ` If y?/ ??Q / ? O°If?S. to ;9]]{ ?t ey, y? 'R '©. 1, :IF r i11 { i t K t <,)• p< IYa.01' < 54.40 f sln,5? WE rzo 4f b' o ah y' ?. oy .? t a t 6 ? f SECTION THREE - y? SOUTH MOUNTAINESTATES SOUTHAMPTON TOWNSHIP CUMBERLAND COUNT Y, PA. SCA'_E C- 10Ci FE O. 9, 1973 pNvF??`. FILE NO. 0 2n9 ? J IIUSIII • V 4".1tr7111 ?? Q/127/0 117 y5 M o?? e° k ? yN /?'/? [ 3 'IfSI dvt ?'y.IShcJhk'' - tih fl! yle t•r ,f rt Y d IN <" ,rA % 1 / 7-3 0--TUcp Parcel N 39-36-2438-027 Know all Men by these Presents That 1, R. Thomas Kline Sheriff of the County of Cumberland In the State of Pennsylvania, for and In consideration of the sum of _.$ I - n n a dollar, to me in hand paid, do hereby grant and convey to Orrstown Bank REAL ESTATE SALE No. 51 Writ No. 99-5814 Civil Telco Ctrstown Bank vs Robert W. Shoemaker and, Martina Shoemaker Atty: Usa M. Greason L41 HIGHLANDA ENUE, SHIPPE.NSBURG, CUMBERIAND PENNSYLVANIAN LEGAL DESCRIPTION ALL THAT CERTAIN Int of land situate in the Towmhip of Southampton. County of Cumber- land and Commonwealth of Penn- _he;na I.t No. 60 In as ns tallow., m wn. BEGINNING at a faint in the Northam edge of Highland Avenue, snit point being n common comer of Lot No. 59 and the within described lot; thence by Lon No. 59, North gem (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty-eight and twenty-nine hundredths (158.29) feet m a point in line of lands now or I. merly of Thomas Whaley; then:, by sold Whol,y lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) sec- onds Eau, seventy-eight and eight hundredth, (78.08) feet to a point in line of lands now or formerly of Toigol thence by old minutes Talc (58) lands, South ten (10) degrees 8) wI w- 6) fee ends East. st. one e hundred d sixty-four ,ad six hunJnuithx (1264.IM) feet to s` int In the Northern edge of ..,_ w ..,..... thence by the 3U0 41 ren (27) minutes nlty seconds West, one ban. and zero hundredths feet to the point and place INING. 'AINING 15.026 square survey of 1. II. Rife, R.S.. imuy 9. 1973. G the same prnperty ea,•id E. Smith and of ROBERT ' and MARTIN under Writ No. CM c ..,I of o e= cot L. I U L I:. c O 1 rl f3 emu c m T f„ J ? G .y N I N a BOJK 224 P,,u 4,14 to s Ook the same having been sold by me to the said grantee on the 3rd day of May Anno Domini 78gc TWO thousand )gRCg WXd=jt)gxlk ADD_) after due advertisement according to law, under and by virtue of a writ of Execution issued on the 15th day of December Anne Domini 19 99 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, one thousand nine hundred and 99 (19 ) Number 5814 , at the suit of nrre own Bank against Robert W. Shoemaker, Martina Shoemaker uuox 224 e:c dri5 R --- STAT-- narmalar mr"uf MckT OF VALUE ?)h? .. _._ .... mu D.210,3 uzEs offlou?t Din. howl i .7 LIUu suumrD. •. nur.ews See Ravena !or In Hru efiona - Camvl.u ec anion vnd Gh ?n dvpPrm. ..irh F.<erdu el D.ad, .h.n I I I rhr Nil •elud<vM dn by 9i mlan it nm m IenF In r d.?d ra .. c Idumion, ar h, .r I]I o ro. n.mpron n . Srvum.m o! Y'vly. n nor n rh bwr d v r : f; l !omlly dmm.d a ylerivn:kp yr 17 grro.d II d.. rrend.r ,r 171 ?Mr rn. urn ??p I pvblir m9iiy .... rnr, If mmr rpar. it n..d.d, enerh eddaienel ,h.ulg, "'n elln ..,mv"rvn e, Lisa M. Greason, Esquire vr.a alone 28 SOU'..h Pitt Street, R. Tomas Kline, Sheriff T'.Ad Addrrn ??--- One ourt House Square- Carl - sle PA EMU.'17 a'Oa. .1r .I, i•1641 Addrur 41 It ihland Avenue _Cumb, rland 0.00 IiYisle, --? lop; r.. A.uer.n,..1 D.,., nnr.. rrh? l.rugr? Orrstown Bank I 511-.1 .da,.u P,O, Box 250, orr 3 I Shippensburg, An. C.d. 171 7 245-9688 170 • 77 East King SCroot PA 172 Southampton Township Shippensburg 179-36-2438-027 ., Ce .......... 0 - I] Tn.l Gnnenn,.n c 937.08 .n l.nl Rene en.r a {,.r M.n.r vem, 15.15 I_ 598,626.50 (986.271 ,a 1 00t ?e? . I I'+ ...... qr d rnrv.u 4n.y.d -?? 1008 ] C:+,cL 4aprep.iep dvn 3riew ivr c,.m prln, pvlmrd 1 I Will m roan." rv«mm. r j rr.._. .. o.. '- T,vm(n ,v lnduu.l I °•°r -1?: T- Trmrirr ro a nmr. Ignxh :vm> nr : r r g•unm ___ _____. rdmoF/nq all arndlue.n ?? Tromiv bn?xn pnnciab m. -g enrelAn-". :>.. p;nr <oo el ogmw/mo- pe..y oa•.r?,.? rr Y irnnnr III :en demnarlvnfa m w v Ir qy.-nor ?? cn olnorlu: enl eGr'•r by 9rh. drdke n ..n. mne?. a n .o >I n.erm... ;, I$I T,omlr, from n cn.l r engeg e, rv a ho-'dr if v .ongogr n duvuh. Mon qeg. Beet rd„mb.• -L2 u ? LI Cer ,C•e vr,«niLmmery v4rd, IAnach Paq• Numvv „1Z]?_ c ^vlar rv>y er rhr pncr dud br?nq ;vr. m.d r .°d?n,d I i irvrvv'Y .arm I p on mnmi:hlve. mrrgv c- drn?vn. IArlvd , ;epy e; rn:dn.l 1-, orh•r f°I•er. r,olo+n r.rmarien d--.d. rhea I:,r,d ebo., l _Property tr_ansfarrad through mortgage foreclosure action in Sheriff sale dated May 3,2000 In __ Satisfaction of Judgment. ----- entere_ ? on poskr_.Lha.?.2581i__ U n:;.,r nn:.r ell>v, l d.dv.. rhe•: h°+r. iie c ? rv...n o el.r • °^" .d mb a e,. ?nrn r. ,nrl„ Lq eueTVeny.,,g nrr,mm..n. e.a •. d,r o EAgUrE TO 10 REiURO 7 HE HE DEED. EFD. TH ROPM PFOP;RIT Oc -k7ACy APIrCAaCE DOCUMENT,TtOy r.'aY CEEUII? 14 1RR ECOap . „aK 224 [,:(t i'! A. In Witness Whestof, I have hereunto affixed my signature this day of June Anon Dnmini IM) thousand 20 00 I Sheriff _ R. Thomas Kline Sheriff Commonwealth of Pennsylvania, ss. Before lire undersigned, Curtis R. Long Prothonotary or the Court of Common Pleas ofCumhed.ind County Pennsylvania; personally appeared R. Thomas Kline Sheriff nl' Cumberland County aforesaid, and in due form of law declared that the Ilrels set :orth in tiro foregoing Decd arc true, and that he acknowledged the same in order that said decd might he recnrded. Wilness my hand and seal of said Court, this 23rd day or June Annn Dnmini two IltousanclUN (20 00 1 PROTHOGOTT? NNOZS&L WY PL" - C FLAI MYCOMMISSIONIXPIN .NNUIR(T.2OQ I hereby certify Ihul the residence and Post Ollice address of the within Grantee is P.O.Box 250. 77 East Kino Street Shippensburg, PA 17257 Srilicaor - MJ ' I r .RV 4R j .J. _ nr the record iog of Deeds ,.; urea ono usl of olhCOOf? h?.m. PA this d4llof ..d..?0 Re rder 000K 224 f;,ct 446 W. . THIS DEED HADE TIIE /. Jt[I day of >rj11POAI(•y lit the year it our Lord one thousa nine hundred ninety-three (1991) BETWEEN LEONARD E. SMITH and BRENDA I. SMITH, hunlutnd and wife, of 41 Highland Avenue, Shippenebufg, Pounnylvnnln, hereiltafter Ieferred to as Grantors, AND ROBI'.RT W. SHOEMAKER nu,l HAKI'INA SHOEMAKER, husband and wife, of 119 South Prince Strout, ApArtmnut 7, Shlppenahurg, Pennsylvania, as tenants by the entirety, huralnnfter rufarred to as Grantees, WITNESSETH, that for and to conelduratlun of the sum of SEVENTY-FIVE THOUSAND f FIVE HUNDRED ($75,500.00) DOLLARS, lit hand pa ld, the recelpt whereof is hereby acknowledged, the said Granturu du hereby grant end convey, In fee simple, to the said Grantees, as tunauto by the antlraly, their heirs and asslnns, ALL that cartels lot of land ululate lit the Township of Slluthampton, County of Cumberland, and Commonwealth of hnnnnylvnnlo, baing Lot No. 60 in Section 0 in the Development known an South Mountain P.nlntou, sn(d plan recorded in Plan Book 27, at Page 117, bounded and described es follnwn, to-wit: BEGINNING at a point lit the Narrhern edge of Highland Avenu,:, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two ('12) minutes eight (08) seconds East, one hundred fifty-eight and twunty-nluv hand rail t he (158.29) feet to a point in line of lands now or formerly of Thoman Wholay; thence by onld Wholay lands, Nurch eighty-eight (88) degrees thirty-six (76) mloutoa thirty-ulght (08) seconds Ea::t, seventy-eight and eight hundredths (78.011) feet to at palm In line of lands now or formerly of Toigo; thance by said Tolgu lauds, South tun (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, Oita hundred sixty-four and six hundredths (104.06) feet to a point in the Northern edge of Iltghland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nlnu (09) dagreas twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and II place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1977. SUBJECT TO REsTRiCTI0N5 OF RECORD. Boox036 PACE 41 ..e. WTle,1 NIIII .-A,P11N1 - /.IIOIIIIa Y\ AT LAW - IIa CAST VINO Sn1EHT - S111PPENSe1014. PA. 17257 r 1 1 ALSO SUBJECT TO THE FOLLOWING RESTRICTIONS: 1. All building Plana must be approved by Developer. ' 2. An elevation plan must be filed with Developer and approved by Developer. BEING the same real estate which was conveyed by Allan B. Torner and Linda D. Tarner (also known as L. Diane Turner), husband and wife, by their deed dated the 10th day of May, 1985, and recorded in Cumberland County Deed Book IIG11, Volume 31, at Page 178, conveyed to Leonard E. Smith and Brenda J. Smith, husband and wife, the Grantors herein. And the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and scale the day and year first above written. ^I rp:„1Af%rJV:'EALTFI 01: 1fir. h:YL'9% 1 - (Ii.PA:t FtAF'P'i OF HEVPIJ11L '..?t SIP 113 FooK 636 PACE ' 42 S 4° Ywfng?-r School Dist Cumb. Co., Pa. Real Estate Transfer Tau Date 7-a F-9J AmLi 77•s u Robart P Zlepla Cumb. Co. Dist. Col, Apt Township of SovAba ...?'l.n Cumb. Co., Pa 15 Real Estate transfer Tau Date, 9 2 J -IlAm:.'2 7 7'._£'v Robert P. Ziegle, Cumb. Co. Dist. Col. Apt MANN, WEIOLE AND 1•".wS - ATTOIINCYS AT LAW - 128 CAST HIND STPIET - SIIII•PENSrPJnO, PA. 17257 B9"s"^ `, c77•r••Gl (SEAL) Leonard E. SmiCh Brenda J. Smit SEAL) Signed, Sealed and Delivered in the Presence of ?? V IN I COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF CUMBERLAND , On this, the)-14 day of S•eptse,J)or , 1993, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared LEONARD E. SMITH and BRENDA J. SMITH, known to me (or satisfactorily proven) to be, the persona whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. WHEREOF, I hereunto set my hand and offici/ayl? seal. NOTARIAL SEAI Ltac-Y.a? / E ((SEAL) I AL PEED. Nohry Public ?•?'/?-_- r9 TWp., Cumberland Co., Pa. ulon Explraa Dec. 13, 1993 y,.-?apNN` I do hereby certify that the precise residencyp and complete post office address of the within named Grantees 1s to I?i?l,la nY? UP, SII,r?EenSl7tfr?, YEA 171•S-7 ??, C I? 1993 Arrr,.,,ejc,• for Grantees Ai lL, to c', W C -_ ae •y q rn O ,? TOrI G ' ro Y t•1 '1 () 0 I N 3 0 'T .T F+ r COMMONWEALTH OF PENNSYLVANIA _ Y :NCO '. a SS. COUNTY OF CUMBERLAND RECORDED on this day of 19 in the ?Jf I a Re1cor1der's Office of the said County, in Deed Book Vol. , Page Given under my hand and the seal of the said office, H{i('a''? + jrltten. RRecDr e?7RQ.'IS PfCE ?? QCOC'?` y3 n,nn R. WEIOLE AND PENN,NS - ATTORNEYS AT LAW - Ile EAST NINA STREET - 5.1APEN%nURe. PA. 17251 rHT-W?n,nb DuC Two si:' q'1,eaaMlee Nrnr(. N,II. Ina. Inel?nA Py '85 NkY 13 c.1 2 CS „' LO,cRaUNWCnCtI U' :- Oll'AP.iMffil Or KOrNJ[ MAY 13•65 \, a•.,i / n?j?. '^ b X ?fjig 3mbenture, MADE THE 10th day of May of our Lord one thousand nine hundred eighty-five (1985), in the pear BETWEEN ALLAN B. TARNER and LINDA D. TARNER (also known as L. Diane Tarner), husband and wife, of R.D. p5, Shippensburg, Pennsylvania, 17257, parties of the first part, GRANTORS, AND LEONARD E. SMITH and BRENDA J. SMITH, husband and wife, of R.D. p5, Box 121, Shippensburg, Pennsylvania, 17257, parties GRANTEES, of the second part, WITNESSETH, that the said parties of the first part, for and in consider- ation of the sum of Four Thousand Five Hundred ($4,500.00) ------------------------- -------------------------------------------------------------------------- Dollars, lawful money of the United States of America unto them well and truly paid by the said part ies of the second part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoged, released, conveyed and oonfirmed, and by these presents do grant, bargain, sell, alien, enfeog, release, convey and confirm unto the said parttea of the second part, their heirs, and assigns, ALL that certain lot of land situate in the Township of Southampton, County of Cumberland a..d Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to-wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, one hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty-eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (164.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. SUBJECT TO RESTRICTIONS OF RECORD. ALSO SUBJECT TO THE FOLLOWING RESTRICTI0NS: (1) All building plans must be approved by Developer. (2) An elevation plan must be filed with Developer and approved by Developer. BEING the same promisee conveyed by Joseph B. Hazzard and Esther M. Hazzard, DOOK631 PACE 1.78 r ?. his Wife, by their deed dated August 12, 1976, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Hook "T", Vol. 26, Page 204, unto Allan H. Tarner and Linda D. Tarner, his wife, the Grantors herein. too$ Gwb. Qw, h. fY R..I c.l.h Tq J' T. 5'?7 Y5 , AM. Cu k G. DM. C.I. AO. /+y 1 S7. '/ o SC64W U,e . Cvwb, Co., Pe. `a awl 4bh Tnmio iu 4 ?? t Cw.b. Ca DM. CSI. AFL i 1 soox 6 31 PAce 179 TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto be- longing, or in anywise appertaining, and the reversions, and remainders, rents, issues and profits thereof, and all th estate, right, title, interest, property, clam and demand whatsoever, of the said part lea of the first part, in law, equity or otherwtse howsoever, of, in and to the same and every part thereo,?, TO HAVE AVD TO HOLD the said hereditament* and premises hereby granted or mentioned, and intended so to be, with the appurte- nances, unto the said parties of the second part, their heirs and assigne, to and for the only proper use and behoof of the said part ies of the second part, their heirs and assigns forever. Allan B. Tarner and Linda D. Tarner, husband and wife, the said part ies of the first part, for their heirs, executors and administrators, do by these presents covenant, grant and agree to and with the said part ies of the second part, their heirs and assigns that they the said part lea of the first part, and their heirs, all and singular the heredity ments and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said parties of the second part, their heirs and assigns against them the said parties of the first part and their heirs, and against all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant and forever defend, IN WITNESS WHEREOF, the said part ies of the first part ha ve to these presents set their hands and seal a. Dated the day and year first above written, 010=b, tinhD one jaalvenb ....=: .vp..r... v...r..Khrs%??...._..__ .............. "ssai? M dh. yrn a e< la B Tarne ? )'tit _.._..... »....... ecsb ? ' ?Ly(? Linda D. Tarner Received the day of the date of the above Indenture of the above named the sum of Dcyare, lawful money of the United States, being the consideration money above mentioned in full. Witness- BOOK(? U PACE 180 yr State of Pennsylvania U COUruY Of Cumberland of. On this, the 10th day of the undersigned o9c6f, personally appeared Allan B. TMa , ore me, arner and Linda D18Tarneref(al o known as L. Diane Tarner), husband and wife, (also known to me (or satisfactorily proven) to be the person a whose name a are subscribed to the within instrument, and acknowledged that they executed same or the contained 1 purposes therein In witness whereof, I hereunto net my hanf,gn4Jg alai seal. i n ...:r.:: J::1.'.:::::::,_...........;_L._..:..o._i. ...y l:i Ol CII C,6:;f. •.r,, t,.`! a1^ i yE4tl ... State ? ., .. ,, i• .: <„ . 9 • ,? OIT?g?:.?n,F= ° _' County Of 1 a? .... i 2,•?.. .,CI ¢i On this, the 1 ; , 19 •``., tiA/o}e?my the undersigned offlosr, personally appea dY of known to me (or satisfactorily proven) to be the person whose name within instrument, and acknowledged that subscribed to the contained executed same for the purposes therein In witness whereof, I hereunto set my hand and off lal 8wk ae 2 W Title of 1 do hereby certify that the precise residence and complete plat Officer. V of the within dnamed grantee is S/o /rI 1985 ?Y/, Arl /71.67 AUaxaey for ...._..t2C..``i0..!..'T..u;........_........_. Vi a O to 6 ? 6 ? pp e N M U U a Vy U z a i W3 ? N F 9 F W K C Z 2 b a 4 ° m ?A `V F s ti y w •? re m y COMMONWEALTH OF PENNSYLVANIA County of ..LLf(1s ...usLC LS1Cl....... ..... ._._._ u ; • 19z.C:.e. - / V RECORDED on this ?.._._.._./.?--day of _..a ._. ~ _ l A. D. 19...J_, in the Recorders Office of said County, in Deed Book G Vol...... .`.? _........., Pape J 7P Given under my hand ha seal of the said`ogftes,.the date above written. ltrA " '_'••..?5?... •-Va •.......... Recorder. B00 U PACE 181 IIenB, 11? I?rl ns.??lp n. yia` Perm. Art el 1000. 8In01, Sh" Beet r (Z, day of /+CA fi( k-t MADETHE and seventy-six (1976) of our lord one thousand nine hundred in the year BETWEEN JOSEPH B. HAZZARD and ESTHER M. HAZZARD, his wife, of the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, parties of the first part as Grantors and ALLAN B. TARNER and LINDA D. TARNER, his wife, of 334 East King St., Shippensburg, in the County of Cumberland and Commonwealth of Pennsylvania, parties of the second part as Grantees WITNESSETH, that in consideration of Four Thousand Four Hundred ($4, 400. 00 Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor s do hereby grant and convey to the raid grantees , ALL that certain lot Of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known PagSeouth and described asafollowst,etO-wit: Book 27 at BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North 00 degrees thirty-two (32) minutes eight(8) seconds East one hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty-eight (38) seconds East seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East one hundred sixty-four and six hundredths (164.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West one hundred ten (110.00) feet to the point and place of BEGINNING. Containing 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING a part of the same tract of land which Frank J. Novotny and Helene Novotny, his wife, by their deed dated the 21st day, of October, 1970 and recorded in the office for the recording of deeds in and for the County of Cumberland in Deed Book "V", Vol. 23, Page 631, conveyed to Joseph B. Hazzard and Esther M. Hazzard, his wife, Grantors herein. SUBJECT TO RESTRICTIONS AS OF RECORD. ALSO SUBJECT TO THE FOLLOWING RESTRICTIONSt (1) All building plans must be approved by Developer. C2) An elevation plan must be filed•with Developer and approved by Developer. S F a School t. Cu.. ?A j.G•G 1% Na l E,u i. T,. .. ?• :.,, n' r' r. 07 hE. . = -/ 4 v v?.. r.' :JI\C:I V:. A r. ?... m gEAIrY n• An 4 C. 00 C t 1 s't AUW I'14 (``t- Cumb. Co. 0M. Col. vr• `^' AND the said grantor hereby covenant s and agree s that they and each of them will warrant the property hereby conveyed. generally O' PENNSYU:,;N, _ ° COu,M O`WCA.I:M t, - DEFAM,AENI GF REVENUE' ;CALTY IaAN$rk{p•O r? <J z 4 4. O O 1401 d' ??' L?K"?b PA,E Ilk' IN WITNESS WHEREOF, said grantor S ha V her unto set their haadg and tool e the day and year grit above written, /? IipnrD, IedrJ nnJ DdiuerrD ••• ""^•'••'V?"//?`?''''+•• ..•••••••••...•_......... eaLL in Or vrrnnrr of JOSEPH B. HA22ARD ......... .... .... MAL .......a..'L..._.(^.f/./... ?L.?NF."?'??.'_._. 1..._ES.I.LF<t-.I'L?.?iI1.Z7I1ED...._ ................... _. 9P L I State of Pennsylvania County of Cumberland Yfl I 4. On this, 'he 2 day of 19 75 , before me, , the undersigned officer, personally appeared Joseph B. Hazzard and Esther,M. Hazzard, his wife known to me (a, satisfactorily proven) to be the person 9 whose name s 141&;b'ed it. 1'Ne;wllh., in instrument, and acknowledged that they executed some for the purpo;&,l errtilh)e'ggtgQ, .t IN WITNESS WHEREOF, I hereunto set my hand o official koaat ?' . Nnr. r,ror: c. DAVIS. Nr.tv,y r„LLr ... fi...+-' ??/. x ... ....... ... • ".._,....,......: I a i. . Milford, P:In Ca., PI. r' Mr Ce,nmh:on Enpha Sepbmbr A H71 /v ?,f, C q'yd,•?7o... `?,• . _ ..........Ti116•,s?, dR,?r. .. I do hereby certify that the precise residence and complete post office address of the within named grantee it 334 East King Street, Shippensburg, Pennsylvania, 17257. / c 76 If el. .......................................... .............. ............ ..............:.._ 19 Attorney for _..G.;,a ntee.9 .......... ........... .......... ................. ... or) i N m 0 M X W O i I F NN NOM ) (I ?ciA Qd NN G $4 III c M xx EF Q co N ?.a ? l mS u n:u1 ? mC ? 9 ?? n n "? °y . cro a) 4 roro ? 0 o y h W 4 a O C m . i II ,] •r1 ro COMMONWEALTH OF PENNSYLVANIA .p, CouoIy of ... .. wa ui c ro t N N ro U U 0 U L n Cs N S e n ?+mes mTO.a ?f )VVn L njmT m RECORDED an this ... ....................ele ....... \........ day of .....G 'r!C•r2. ........ A. D. 19..../..4., in the Recorder's oglDe of the sold County, in Deed Book7- Vol. _.......... XCLL_.., page ...... .:.??.../'?.... Given under my hand and tent o! the said office, the date above written. •./ Recorder. iy ??e!?/ .;_1,T 2' ?A?c205 'nr.,..uruw. and eed RTHE day of October rLordonsthousandninehundred seventy (1970), 611 2 hl in ad year 'WREN FRANK J. NOVOTNY and HELENE NOVOTNY, his wife, of Box Road IMcDonogl ( Baltimore, Maryland, hereinafter called Grantor s, JOS;IPII B. HAZ2ARD and ESTHER 11. IIAZZARD, his wife, of ton Township, Cumberland County, Pennsylvania, hereinafter Grantee s: 4D before SSETH, that in consideration of k-n Th,usand and 00/100 ($16,000.00) Dollars, paid, the receipt whereof is hereby acknowledged, the said grantor s do hereby grant Fey to tho said grantee s, their heirs and assigns, as tenants by the :ties: ALL t'.ose two certain adjoining tracts of land, with the lemenr: thereon erected, situate in Southampton Township, Cumb- I County, Pennsylvania, bounded and described, as foll ws: iCT NiO. I- BEGINNING at a post in the public road leading from IppensburF to Big Pond; thence along said road North 85 degrees 30 Lutes West 1658 feet to a post; thence by land now or formerly of ice 11. Nargleroad, South 14 degrees 30 minutes East 2310 feet to a Ick oak; thence by land now or formerly of George Dowers, South 85 ;Tees 30.iinutes East 653 feet to a stake; thence by the same, North degrees 7cst 1010 feet to a stake; thence by the same, South 85 Be- es 30 minutes East 727.7 feet to a post; thence by land now or for- ,ly of Frank Gates, Borth 6 degrees 30 minutes Nest 1204 feet to a t, the pLace of BEGINNING. CONTAINING 61.21 Acres. CT NO. BF.GIITNING at a post on line of lands now or formerly of eph t e? r; thence along said line South 12 degrees East 61.4 perches a post c.i line of lands now or formerly of George If. Clever; thence rig ad d I.ine South 80 degrees East 39.8 perches to a post in a lane; nce aloe; said lane and by lands now or formerly of the said Clever, th 8 def'rees Nest 63 perches to a post in said lane, corner between said C1.,•.ver lands and land now or formerly of R. S. Myers; thence ng the line of the said Joseph Clever lands due West 44.1 perches to Place n:: BEGINNING. CONTAINING 15 Acres and 145 Perches. see therek LESS, HOI.IEVFR, 5 Acres, more or less, heretofore conveyed by the j ntors herein to the Grantees herein by Deed dated September 26, 1968 recordc,.l in the office of the Recorder of Deeds for Cumberland County r Deed Bon% "Y", Vol.. 22, Page 447. easy BEING the greater pa rt of the property which was conveyed to Frank Z ; Novotny vld Helene Novotny, his wife, by William Jay Stine, Executor 0 r the Est., to of Dollie Stine, deceased, by Deed dated March 16, 1965 record,d in the office aforesaid in Deed Book "N", Vol. 2L, Page 203. eoax V 23PAU 631 AND the said grantors hereby oovenant and agree that they will u'a generally the property hereby conveyed. r. c .- ichoc'pitt. Cumb o.. Pk (7 ;ToZ 4 i % a«i E,?d. r,..d.. n• CF.NCFJ.L'c:J.. ?.,? k' ^CA. s, : /,.. • 'Tar, D i.. Mnl.. C :?.n u. ,.,.s. e•. o e. c.? .., ' ; . f31 Ll'r rp ?tTHE _I.[] ord one thowand nine hur 1 DONALD L. CA of Mechanicsbur , parties of th IN WITNESS WHEREOF, said grantors have hereunto set their hands ands the day and year first above toritten. elgarb, 6ratrb anb Ortlorreb to the Preserve at 1 ?r ?? ovo y KENNETH L. CASSE of Mechanicsburg lY?i?-c?l=.?._.? _???,yr? _? -•--•---. la, parties of the Irene ovotny? `•• .. rr SETH, that in eonsid«..r: I lerehy carlify that the Resideacs sad Past Office of wilhin Grantee it fasatwar Atty. State of Pennsylvania ss. County of Cumberland 1 "kr On this, the '11 day of October , 1g 70, the undersigned ofieer, personally appeared Prank J. Novotny and Helene his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribe within instrument, and acknowledged that they executed the same for the purposes I contained. •• IN WITNESS WHEREOF, I hereunto set my hand and opleial seat. ' N • f R PUBLIC Brun d Cad:stt, CL Cumb. C6, a•itte'9f?Le booK''V23PAU 632 ul, the receipt whereof is to the said grantees ?a, ALL THAT CERTAIN Di of Ground situate Ouf'h of Mechanicsbi. bounded and desc BEGINNING at the bu at the intersection over Street; thence lrket Street, twent iastwardly through i ; house, of which ti id continuing along and wife, now of 4. 130) feet to an irc ey; thence Southwar d three-tenths (27. line on the North I twardly along sai I point on the burl I, the Place of BEG SING the same premi lis wife, by their :e of the Recorder nia, in Deed Book unto Donald L. Ca& herein. School Dist. T.• O r!Y eMl E. odd Q; .. 115 '..m1. cr. THIS, INDENTURE fl:,'?rt?l(01t 2 ?i?SfII{il:T?, ) j?TF /` 11 j rlr'F'' MADE THE 16th day of MARCH 1965, I 1 I .j (oil' I'j, I. 'al( ? O •y ?.h i ?'.}... CT l?lf y; I •I ? j 1rl Cti.}_?"JI I I BETWEEN,: WILLIVI JAY STINE, Executor of the Estate of Dollie Stine, deceased, late of Southampton Township, Cumberland County, Pennsylvania, hereinafter called the Grantor, A N D FRANK J. NOVOTNY and HELENE NOV0711Y, hia Wife, as tenants by the entireties, of 44 Allview Drive, R.F.D. 4, Ellicott City, Maryland, hereinafter called the Grantees; WHEREAS, the said Dollie Stine died testate June 30, 1964, seised of two (2) adjoining tracts of farm land, with the Improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, more fully described hereinafter, and WHEREAS, Letters Testamentary in the Estate of the said Dollie Stine were issued to William Jay Stine, the Executor named in the Last-Will and Testament of the said Decedent, on July T. 1964, by the Register of Wills of Cumberland County, Pennsylvania, and WHEREAS, the said William Jay Stine, Executor as aforesaid, pursuant to tho authority given to him in the said Last Will and Testament of Dollie Stine, deceased, sold the hereinafter described premises at private sale to the I said Frank J. Novotny and Helene Novotny, his wife, Grantees herein. NOW THIS 111D^cNTURE WITNESSETH that in consideration of the sus of FOuRTz"..11 THOUSAND FIVE HIf1DRED ($14,500.00) DOLLARS, the receipt whereof is hereby I acknowledged, the said Grantor does hereby grant and convey to the said Grante Is, their heirs and assigns. ALL the following two (2) adjoining tracts of land, with the buildings erected thereon, situate in the Township of Southampton, County of Cumberland, ;ommonwealth of Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a post in the public road leading from Shippene• burg to Bit; Pond; thence along said road North eighty-five (85) degrees thirty (30) minutes West one thousand six hundred nifty-eight (1,658) feet to a post; thence by land now or formerly of Bruce E. Hargleroad r/In col Dist, Cumb. Co. Pa. 1% Real Estill TrIall't for i/r0/pc B=7N 21 FACE 203 I C A Jl rAr.E 20.1 South fourteen (14) 6,,;rees thirty (30) minutes East two thou and three hundred ten (2,310) f•et to a black oak; thence by land now or formerly of George Bowers, Sou:'n eighty-five (85) degrees thirty (30) min-rtes Bost six hundred fift -three (653) feet to a stake; thence b•r the same North ten (10) degree, 'West one thousand ten (1,010) feet to a state; thence by the sane Sc..th eighty-five (85) degreas thirty (30) minutes East seven hundred tw my-seven and seven tenths (727.7) feet to a post thence by land now or formerly of Frank Gates North six' (6 ) degrees thirty (30) minutes I,' 3t (erroneously referred to in so.ic prior Deeds of conveyance as ;tort sixteen and five tenths (16.5) dc6rec. West) one thousand two hund. ed four (1,204) feet to a post, the place of BEGINNING. CONTAINIR sixty-one and twenty-one one hundredtao (61.21) Acres. Tract No. 2; BEGIi " G at a post on line of lands now or fcm,:crly of Joseph Clever; thence along said line South twelve (12) degrees "ast sixty-one and four tenths (61.4) perches to a post on line of lands now or formerly of George H. Clever; thence along said line South ei;^,hty (80) degrees Eaot thi-ty-nine and eight tenths (39.8) perches to a post in a lane; thence alc.g said lane and by lands now or formerly of the said Clever, North ei.at (8) degrees West (erroneously referred to in some prior Deeds of c nveyance as North eighty (80) degrees West) sixty-three (63) perces to a post in said lane, corner betweer. the said Clever lands and land now or formerly of R. S. ;Ayers; thence along the line of the said Joseph Clever lands due West forty-four and one tenth (44.1) erches to the place of BEGINNING. CO::TAIa P.7G Fifteen (15) Acres a, one hundred forty-five (145) perches. BEING the same real c tats which Dollie Stine and James Stine, her husband, by their Deed dated June 17, 1960, and recorded in the Office of the Recorder of Deeds of Cw,.erland County in Deed Book "C", Volume 20, Page 1024, conveyed to James Stine and Dollie Stine, his wife, as tenants by the entireties; and the sILid James Stine died December 20, 1963, survived by the said Dollie Stine, in wham full title to the said premises vested. AND the said Grantor, "William Jay Stine, Executor as aforesaid, does hereby covenant, promise and agree, by these presents, that he, the said William Jay Stine, Executor, ass not done, committed, or knowingly or willinf ly suffered to be done, or c emitted, any act, matter or thing whatsoever, whereby the premises hereby -ranted, or any part thereof, is, are, shall or may be impeached, charged or incuabered, in title, charge, estate,or otherwis IN WITNESS WHEREOF, t e said Grantor has hereunto set his hand and seal the day and year first cove written. .? (SEAL) Eecutor, tae of Dollie Stine, deceased i ii i I i 4 10 COW,01TdF,ALTH OF PENNSYLVANIA COUNTY OF CiMF.RLA.YD . SS On the ?l(?y day of 7'("A4-'c-Z , 1965, before me; a :Iotary Public, the undersigned officer, personally appeared William Jay Stine, Executor of the Estate of Do111e Stine, deceased, known to me (or satisfactori proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the some for the purposes therein contained, and desired the same might be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ;uffry Public, SND:M'Our7. lljtMd Ca My Commission E+pus ?y 2 , 196S CERTIFICATE OF RESIDr^.NCE I do hereby certify that the precise residence of the within named I Grantees is 44 Allviev Drive, R.F.D. k, Ellicott City, Maryland.' itate of Pennsylvania ;ounty of Cumberland I SS lecorded in the office for the recording of ced?ea7 et0 in and for Cumberland County, :?a. n.../iK Qg Y......Book ...f.X......_....Vol. ^l.? _._Page._°SQ?Y Witness my hand anal of ffice at arlials, Pa. t e 0 9 a or ar sm.%N 21 aatiE5 ,ham i 1 BONN- 2O ACE1021 ,fflube the 17th dnyof JUN, v. in the year ofow• Loret one thoresand nine hundred and sIx,TY (196u). ,v ettnecll DOLLI? STIN4 and J/_tvs STINI°., her husband, of Southampton Town- ship, Cumberland County, Pennsylvania, hereinafter called the Orantors, A N D JA11?? STIN!' and DOLLIE STING, his wife, as tenants by the entireties, of Soutn- ampton Township, Cumberland County, Pennsylvania, hereinafter called the Grantees; ;Ili tlessetlt, that in con.eideration of ONE DOLLAR. (S.L.UU) Dollars, dra hand, pairl, the receipt whereof ds hereby racknowled¢erl.; the Grantors do herrlgl _srrant and convey to the said. Grantee s, their Heirs and Jxsi4 ns, .III the following two (2) adjoining tracts of land, situate in the Township of °outnamnton, County of Cumberland, Cemnonwealth of Pennsylvania, bounded and ('ct,oribcd ar follows: I Tract No. l: D7Y;IN!41NG at a most in the public road leading from Shippensburg to Big, Pond; thence along said road North eighty-five (85) degrees thirty (3U) minutes 17est one thousand six hundred fifty-eight (1,658) feet to a post; thence by land now or formerly of Bruce E. Hargieroad South fourteen (14) de- greas thirty Ou) minutes East two thousand three hundred ten (2,310) feet to a black oak; thonce by land now or formerly of George Dowers, South cigh.ty-five (35) degrees thirty (3u) minutes ast six hundred fifty-three (053) feet to a stake; thence by the same North ten (10) degrees nest one thousand ten (.L,UlU) feet to a stake; thencc by the same South eighty-five, (05) degrees thirty (3u) minutes :fast seven hundred twenty-seven and seven tenths (727.7) feet to a post; thcnce by land now or formerly of Frank Gates North sixteen and five tenths (1b.5) degrees !Best one thousand two hundred four (1,2u4) feet to a post, the place of BEGINNING. CUNTAT.uI::G Sixty-one and Twenty-one one hundredths (bl.21) Acres. Tract No. 2: BEGINNING at a post on line of lands now or formerly of Joseph lever; tnence along said line South t4:elve (12) degrees East sixty-one and four tenths (b1.4) perches to a post on line of lands now or 'formerly of George H. Clever; thence along said line eighty (80) degrees East thirty-nine and eight tenths (39.3) perches to a post in a lane; thonce along said lane and by lands now or formerly of the said Clever, North eighty (8U) degrees West sixty-three (6)) perches to a post in said lane, corner between the said Clever lauds ant; land now or forneriy of R. S. Myers; thence along the line of the said Joseph Clever iands duo 7,ert 'orty-Sour and one tenth (44.1) perches to the place of prCTNNTYG. CONTAINING Fifteen (15) Acres and One hundred forty-five (145) ruches. B?;INU tt,c same rea.L estate which Anna B. Kegerreis, Administratrix of the Estate of 71111am ':Y. Xegerreis, deceased, by her Deed dated October lu, 1925, and recorded •.n the Office of the Recorder of Deeds of Cumberland County, rennsylvania, in Deed Book "E", Vol. lu, Page 482, conveyed to David feaversl.. and the said David .Seavers died testate May b, 1960, and by his Last 7.Y11 and Testament duly probated in the Ohio. of the Register of 77111s of Cumberland 1. County, Ponnsrivania, devised the aforesaid real estate to Doi-Lie Stine, one of the Grantors herein. )I This is a transfer between husband and wife. i?z:-i... ... .-a- :. ,. ,.. ...+___._ ..,... - -. .-.:-: .., ... r?.r;.?.:n,:..:.-msc.:©:rw-r•.+n+a-+:=.:vrr-i n--... :-. s.,-.,_..-. .................... _ _................... .... ...................... ..... ... Qouununtar:dtll of jJcuu9glutnlla ss. C. CUMBERLSN oUll PENNSYLVA9a hereunto set their hands and seals QLelI1dP of CUMnaUAND / I 0" lhi.c. the " dal; of JUNE d. A ly 6U , before nee a Notary rubuic - - - - - - - - - - - _ - - _ the anrlersi,ned Officer, personally appeurerl DCLLIE STINE a,1d JA? b1Y11ii, hor husband, known to rite (or salisfhrtorily procctt) to be the personsrrhose names are subscribed to the within instrument, and ucknowlrvhrd that they executed the same for the purposes therein contained. RD Iii i>:17itnese ,lila11creoF, ! h.^reratto set in!/ h.rI d it d ftgJ.tt? sen?// j 'r. G , t ; ?1 ; ?• '? •...__?%._..._......_ the property hereby aonve//ed .31n M111995 "11m0f, the Grantors have the tlay and. year first above writicn. 4*9TIrb, *a11A anb 11eliumb in the presence of r`1, .................................... ........ ....... _ .... ........ ...._ RilYntnlu4T1E','dll f tJrr isuljrhnin tit q ^ r, lA t•_A '(l:m111Yn n il•C?l'x• t the thix, l• _?. 7' Aty of / ?" rl.lJ. /!Jl ?brforc mr l rn tf/'??L Ls l ( G ?/???he n.ndnreir)a • .ofJirr•r, prrsrntal(y rr pprvt rv'tl //? f?/?j?? ?f Gvr-L i?s.C•l/`^'"?^??. /f P?f/ `f known 777o ntc, (or satisfactorily pror•en) to be th person Echose name f tbscribed to the within instrument, and erkonn lydrrl tl?rrt he ?executed the same for the prcrpos s therein contained. "'71111.0itnces 0011crea hereranto set nay liar id I t 6? I hereby certify that the ?" _?: ? . r. a ... 6?;;p F.... .. - .. ...-?:• c ; precise residence of the E:r c: s ` Grantees is Route 2, IL?, : v - QSLi? of omeei? =N".`, N? ;,? Shiopensbur Penn9y eania. his heirs and aaslgns forever. AND theseld Anna B. Kegerreis, adminlatratrls, doth covenant, promise, grant and agree to and with the sold David Beavers, his heirs and assigns by these presenca, that she the Bald Anna B. Kegerrels, hath not done, committed, or knowingly or willingly suffered to be done, any act, matter or thing whatsoever, whereby the premises aforesaid, or ally part thereof, 19, are, shall or may be charged or incumbered, in title soever. , charge or estate, or otherwise how- IN WITNESS WHEREOF, theeald Anna B. Kegerrels, administratrlx, gtah hereunto set her hand and seal, thadaV sn4ear above written. Blgned, sealed and delivered in the presence of Besse Railing Snow I J, S. Omwake I Anna B. Kegerreis (SRAL) I Adminietratrix of the Estate of I COMMONWEALTH OF PENNSYLVANIA William W. Kegerreis, deceased, ] CUMBERLAND COUNTY SS: I Personally appeared before me, a Notary ublic In and for the wild coun Anna B. Ksg srrsle, Adminlatratriz of ty and stela, William W. Kegerrels, deceased, and acknowledged the above Indenture to be her not and deed, and desired that the same might be recorded as auch,according to law. Witness my hand and seal, this 10th day of October, A. D. 1925, B. R. S. Besse Railing Snow ShP) Notary Public MY comailsslon expires April 1, 1927, NO. 9249 I _ DEED i THIS DEED, ELI MOyER ET IIX made this thirtieth day of )Larch in the year nineteen j TO hundred and twenty-aix 1 ELI M. SPON:LER j BETWEEN Eli Moyer and Catharine Moyer, his wife, j CONS. $4000,00 of Camp Hill, R. D. Cumberland county, Pennsylvania, (here- LOC. LOWER ALLEN I inafter called the grantors), DATED MARCH 30, 1928 j AND III M. Sponsler of Camp Rill, Cumberland County ENTD APRIL 2, 1928 Pennsylvania (hereinafter called the Grantee), I f WITNESSETH, that in consideration of Four thousand Dollars, in hand paid, the receipt whereof is hereby 4aknowledged, the said grantors do hereby grant and convey to the said Grantee his heirs and assigna, ALL that certain Frame Double house and lot or niece of grotmd situate in Lower Allen .Township,' Cumberland county, Pennsylvania, bounded and described as follows, to witz- Beginning at a point on the mouth side of Pennsylvania Avenue as shown on plan of ,Spring Lake, recorded in the office for Recording Deeds in and for the County of Cumberland in Miscellaneous Record No. 14, page 287, said point being three hundred and twenty feet east- wardly from the southeast corner of the intersection of Pennsylvania Avenue and Schuylkill Avenue on said plan, at corner of lot now of W. H. Bltner; thence along Pennsylvania Avenue !eastwardly forty-eight feet to apolnt, corner of lot now of Florence Best; thence by said lot .of Florence Beet, southwardly at right angles to Pennsylvania Avenue, one hundred and fifty i feet to Nine Avenel thence along Nina Avenue westwardly forty-eight feet to lot of W. H. Bitner; thence by the same northwardly one hundred and fifty feet to Pennsylvania Avenue, the place of beginning. SUBJECT, nevertheless, to the building restrintine nhe?..,,, ,....,..__ .j i5: COM{ONWEALTR OF PENNSYLVANIA - SS: COUNTY OF CUMBERLAND 1 Personally appeared before me, a Notary Public, In and for said County and State, J. M. Hemminger, Administrator of Martha E. Hemminger, deceased, and acknowledged the above Indenture to be his got and deed, and desired that the same might be recorded as such, according to law. Witnn as my hand and Beal, this first day of April A. D. 1928. J. Harvey Line Notary Public My Commission expires March 12, 1929 NO. 9242 ( THIS INDENTURE, DEED ( 10-10-26 mode the tenth day of October is they ear WILLIAM W. KEOERREIS' AIMRS ( 51.60 of our Lord one thousand nine hundred and TO ( twenty-fine. DAVID BEAVERS ( BETWEEN Anna B. Kegerreis Adminiatratrix of all and CONS. A t singular the goods and chattels, rights and credits which LOC. SOUTNAMBTION were of William W. Kegerreis late of the Township of DATED OCT. 10, 1926 ( Southampton In the county of Cumberland, and state of ENT D. APRIL 2, 1928 ( Pennsylvania, deceased, of the one part, AND David Seavers of the Township aforesaid, of the other part: WHEREAS, the said WIlliam W. Kegerreis In his lifetime, and at the time of death, he was seised in his demesne as of fee of and in a certain far, situate in the Township of Southampton in the county of Cumberland, and state of Pennsylvania, and containing seventy- eight (78) sores and sixteen (18) perches. AND WHEREAS, Letters of Administration of all and singular the goods and chattels, rights and credits wbech were of the said William W. Kegerreis at the time of his death, were in due form of law committed unto the said Anna B; Kegerreis. AND WHEREAS, the said Administratrix, at an Orphans' Court held at Carlisle In and for Cumberland county and state of Pennsylvania, presented a petition, setting forth that the personal estate of said William W. Kegerreie was Insufficient for the payment of his debts, an inventory of all personal property, and a just and true account of all debts, and also a statement of all the real estate of said decedent, was thereto attached; and praying said i ;Court to order thesels of so much or such part of the said real estate as to the Court should appear necessary for thepurposee aforesaid. WHEREUPON, it appearing manifest unto the Court aforesaid, that the personal estate of the said William W. Kegerreis was not sufficient to pay hie debts, it was considered and ordered by the said Count, on the 16th day of June, A. D. one thousand nine hundred and 1 i 'saeeveS pTAvH pTue egg o/un 'eoouvuelJnddv eql qjj^ 'og o1 0o popualuT puv psuoTluom ao 'poluva8 Along Bev Tmoad Pau aluoMv1TP9Jeq puvT pogTzosop eAogv pTve eql Q'TOH of aRy 3AVH os tomvc oq1 Jo Ina Jo 01 puv uT 'JO 'aon9oeroq BaTMJeglo Jo 'A1Tnbe 'AIT UT '09se09P stq jo omT1 eq1 eao3oq ATelvTp9=T Pau lv 4emT1eJTT eTq UT OTeJJeBeX 'M =TTTtM PTss eg1 Jo 'a0Aeo07vgM pusmep PUB MTv TO 'Alaedoad '1e0JOWT '011471 'IgSTJ 041 TTa OS TV Puy Joea9gl olTjoad put aen99T 'e IUOJ '9JepuTVmea Pug suoTsaenea 0141 Puy 'SuTuTulaedde BtTMAuV UT Jo 'SuTSuoToq olunaaegl taA9o9jvgm veouvuelanddv Puy 9'MWVITPeJeg 'eaAeTTATad 'sOTlaegTT '6114911 'eesanco-Je1aM 'OJO19m 'Ohm spuvT pegTJOVOp enogv eq% i VTnguT' PUB TTu RITtA!1MS00S 'tueddv TTTA 019Ja4I Ooa0JOJ0i Aq as ' of peJJeJoa UT41Tx XTilvalOTUTmPV aTq Jo UOTITIed O41 UT Ino lee vu pslgopuT pug alvlsoluT PVTV auoomap GTR UT pOVTOO joeaegq oV AuTVq OTeaa98eN 'A! 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Kegerreis, administratrix, did expose the said hereinafter described real estate to Bale at public vendue or outcry, after giving native thereof according to law, and sold thesame unto the said David Beavers for the sum of Twelve ltundred N1nety-fiva and 58x100 77 Dollars, subject to a mortgagoe ,?he being the highest bidder, anA that the highest and beet price bidden therefor; which sale, on report thereof made to the Judge of the said Court, on the 29th day of September A. D. 1926, was confirmed, and it was considered and adjudged b#athesaid Court, that the same should be and remain firm and stable forever; add good and sufficient security, approved by the said Court, for the faithful application of the proceeds of sale, has been duly entered, as by the records of the said Court more fully and at large appears: NOW THIS INDENTURE WITNESFETH, that the said Anna B, Kegerrels, Administratrix as afore- Dolllars, subject to mortgage said, for and in consideration of the sum of Twelve hundred nlnetc-five & 6 10 ^s to bar in hand paid by the said David Seavers at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, bath granted, bargained, Bold, aliened, enfeoffed, released and confirmed, and by these presents doth hereby grant, bargain, Bell, alien, enfeoff, release and confirm unto thesald David Seavers, his heirs andaseigns, all the following described farm comprised in two adjoining tracts as follows:- #1. Beginning at a post in the public road leading from Shippensburg to Big Pond, thence along said road North 85' 30', west 1858 feet to a poet; thence by land of Bruce E. Harglerood, south 14' 30' east 2310 feet to a black oak; theme by land now or formerly of George Bowers, south 86' 30', east 663 feet to a stake; thence by the same North 10' west 1010 feet to a stake; thence by the same south 86' 30', east 727.7 feet to a poet; theme by land of Frank Gates north 18.6' west 1204 feet to a post, the place of beginning, containing: Bixty-one and twenty-one one hundredths (81.21) Acres. A. Beginning at a post on line of lands formerly of Joseph Clever, thence along said line south 12' east 61,4 perches to a post oh line of lands formerly of George R. Clever; theme along said line 80' east 39.8 peroheato a poet in a lane; thence along said lane and by lands of thescid Clever, north 80' west 63 perches to a post In said lane, corner between the said Clever ladds and R. S. Myers; thence along the line of the said Joseph Clever lands due west 44.1 perches to the place of beginning, containing: Fifteen (16) acres and one hundred forty- five (146) perches. She above described land being the same which was conveyed to William W. Kegerrels by John E. Harmony, widower, by his deed dated the 19th day of March, 1923, and recorded among the deed records of Cumberland county in Deed Book "W", Vol. 9, page 283 &o, and the said W1111am W. Kegerrele being so bhereof seised in his demeans died Intestate and indebted as set out in the petition a, his ndminletrataix within referred to , as by reference thereto will appear. TOGETHER with all and :ingula r the above described lands ways, waters, water-courses, rightp, liberties, privileges, heredltaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof and also all the right, title, interest, property, claim and demand whatsoever, of the said William W. kegerrele in his lifetime, at and immediately before the time of his decease, in law, equity, or otherwise howsoever, of, in and to or out of the same: TO HAVE AND TO HOLD the said above described land hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said David Beavers, Account No.. 5l • r- A • / eta Easement No. . Route No. -r 1 77 Township -.SS?inn RIGHT-OF-WAY EASEMENT UNDERGROUND FACILITIES KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned (whether one or more hereinafter called Grantor(s)) (marital status) minrylvanlo, for and In coroldeption of the sum of erailons in bend Paid, the recelpf'Whereof Is hereby ELECTRIC COOPERATIVE, INC., Its successors i cooperative corporation, whose post office address is w nercry ant ana ovey unto A oinafter ca ed Grantee), a Penns to be Rear of 157 N'urth Stratton Gettysburg, Pennsylvania, the right privilege and easement of a right-of-way ..__L.G.._._. feet In width upon and under the lands of the undersigned, situate in ....?s..rk?sc(oaS? County, Pennsylvania, more particularly described as follows. ` Tract I// of land situate in ..._..Ut.1V?stvP..p.y ............................_.. Township, contidning approximately ........./,Z........... acres, located about ............... -A 4........ miles (N-E-S-W) .......,5. .............. of (nearest borough or village) ...... ..?, stal.r]L.l.. ........ bounded by ad(oiners as rfollows: _ 'l?{INorth by.... ...Jsac._E3a2atd __,....L'_._._............... ; East by ....... Toi 9a._ .C z? a[d?--,; South by ... West by __.Scs.L.xn: ?r d to lay, erect, construct, operate and maintain underground conJult and cable lines and overhead facilities for transmitting and distributing electric power, including all wires, cables, handholes, manholes, transformers, trans. former enclosures, concrete pads, connection boxes, poles, anchors, guys, ground connections, attachments, equip. ment, accessories and appurtenances desirable and necessary In connection therewith (he:cinafter referred to m "facilities'), under, upon, over and across the lands of said Grantor. Grantee shall have the right to locate said underground facilities within the boundary of said ......__f.A...._ foot strip as it shall deem proper, but shall not be required to have said facNties follow the center line of sold right-of-way. The facilities erected hereunder shall remain the property of Crantce. Grantee shall have the right to Inspect, rebuild, remove, repair, improve and make such changes, alterations, substitutions and additions in and to its facilities as Grantee may from time to time deem advisable, Including the right to Increase or decrease the number of conduits, wires, cables, handholer, manholes, connection boxes, transformers and tramfonner en. closures and other "facilities." Grantee shall at all times have the right to trim, cut or remove trees and underbrush and other obstruct tions that are within the limits of said ................ ma....... foot right-of-way; and to keep said ighFof-was free of growth by such methods as Grantee may deem proper and necessary, provided, however, any damage (other then for said trimming, cutting or removing) to the property of Grantors, caused by said Grantee Its maintain. Ing said underground electrification facilities shall be home by said Grantee. - Grantor, his successors and assigns, may use the land within the easement for any purpose not inconsistent; with the rights hereby anted, provided such use does not interfere with or endanger the construction, oper. ation or maintenance of"Grantecs facilities. Grantors do hereby covenant and agree that they will not erector permit the erection of any building on said right-of-way after the execution and delivery of the within agreement, The Grantee shall have, together with the right to construct, inspect, maintain, replace, remove and operate Its facilities, the right of ingress to and egress from the easement over the lands of Grantor adjacent to the easement and lying between public or private roads and the easement, such rights to be exercised only in such manner as shall occasion the least practicable damage and inconvenience to the Grantor. The Grantor agrees that this easement shall Include the right to permit a telephone company and/or a com- munity. television antenna company of street lighting cables of the Grantee to we the herein granted dghtof- way. The words "Grantor(s)" and 'Grantee shall Include their heirs, executors, administrators, successors and as. signs as the case may be. Grantor covenants that he is seised of and has the right to convey the said easement, rights and privlle es; that Cronies shall have qulet and peaceable possession, we and enjoyment of the aforesaid easement, rights and privileges, and that Grantor shall execute such further assurances thereof as may be rcqulred. The Creator covenants that said lands are free and clear of judgments, mortgages, or other liens and cu. cumbrances of whatever character, except as follows --- IN WITNESS WHEREOF the undersigned, Intending to be legally bound hereby, have here below set our hands and seals this ..._Q day of ._ 19? S Witness: _._._.._ ':? ? ? l ••- ?? (SEAL) t LEONARD, E. SMITII __..... _. _.+1 fI1 xsas _ShSaDCDSbury Moll 9. e= (SEAL) c R.D. #5 Lot 121, Shippensburg, PA 17257 -••---tviee-Addeeeee--•-gouek-Mousttafe Eatetee;•-Lor-60--__...._.___-?_ (SEAL) INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA York COUNTY OF Adams Cumberland u: Franklin On this, the . day of School Dir , Urn - Co.. P4. I % AaJ F,by Lam4, Taa Dana ... ?v) ?'p Qamk G. DIH, GL A? 19-, before me, the undersigned officer in and for sold State and County, personally appeared known to me (or satisfactorily proven) to be the persons or one of the persons whose names are subscribed to the within Instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expiry slyuten of OEM 77th of O&W Address of 03= SUBSCRIBING WITNESS CA COMMONWEALTH OF PENNSYLVANIA York COUNTY OF Adan Cumberland - as: - FrenkLa_ •:? ., I ,9 'GI rla nn On this, the ........_.a(J......._._ day of ......E1_! ........._......__ ................. 19.k'), befgrR?me t?be?js?bs/ ¦ in and for said State an County, personnlly came ._...... G..?:..W. nett ...., a subs g witness to the foregoing instrument to me personally known, and bei duly sworn doth depose and say that he resided in ..:31 - County, Pennsylvania, at the time of the execution of aid instrument, and still resides themA and is acquainted with and knows said executed the foregoing instrument and was present and saw the due•slgning and execution of the aame, at v0aJ0•;v60'*d witness signed the Instrument as a witness to its execution. . i;7'!b'?NF9S8•'ttF?E?EOF, I hereunto set my hand and official seal. J y,_ 6lputu» of Oliver O \?Q:•.;• SY??sL4) , RAIG, Nolary Public Tide 0M 1 r (a, 1ppinsburg, SSI n Expire C a Pa. My can= isWlde"!Xp rsCammIulo Expires Hay. 16, 1987 _ •..,_ -- _ Address of Oskar COG ERA,OIAALTli OF PENNSYLVANIA = COMMONWEALTH OF PENNSYLVANIA m DEPARTMENT OF REVENUE York --- COUNTY OF Adams o aFA"Y I ANSIFA sav•res , ,-_,>,?, = 0 0.0 1 Cumberland w:' TAX Franklin o . Pu.niSt On this, the day of in and for said County and State, personally appeared who acknowledged himself to be the of -.--.._._._?_, a corporation, and that he as such officer, being authorized to do so, executed the foregoing Instrument for the purposes therein can. tallied by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I hereunto set my band and official seal. Srete of Ponnsvl„a,.:_ Recorded in the stn,. My commission axpires 80CS 1. 1 PACE 19__',%before me, the undersigned officer i r 'I a I ? Lb a T9 I O ;' Fe I 'e 8 t ?I s Fol i{ a I• a 5 a + . 646 m 177 m J "I 71"r- 4:13...,1. ..it!. n VlC r..I?llJlill UYYr.... .r..W?. 1)'.C ? 19q fit I 1 . 1 "I .w r x• W 1 I 1 ? ND 1 IIQI I ? I 1? . r 1 _I I 1 1 • W I I p !1® 1 l?QI 1 ? I I 1 ? !f® 1 l?QI 1 ` ? • 1 I F I , I I I i 11 !: 1? •11 ?1 .1 311 ti 1• i -e LL r- ?? .t i•i LAJ ! i { F' W N W t j i. z ? z c J 3 'f •; g.? "Zi U. M y? `• = 3 e 0 I 1 I a ? e ? >I S • a lt R t = Z S Q ? w E? 8 ^ g;g e ' " . f 1 l 1 ?a ?1 g ( 418 e •I. 1 x ? ` J • l _ ? Ig n a a?'i!Y;?Is? If ADAtMS ELECTRIC COOPERATIVE, INC. GETTYSBURG, PENNSYLVANIA M Agreement N .. .......... .... Agreement for Underground Electric Distribution Service in Development MEMORANDUM OF AGREEMENT brinnn ADAMS ELECTRIC COOPERATIVE, INC., a Pennsylvania cwpcfatlve Mt. =10 n. hereinafter called "Adams Electrk; whose principal Place of business he rear of ISJ North Stratton Street, Ceteys6urg, County, Pennsylvania, AND JOSEPH By AND ESTHER M, HAZZARD ... ......... ............... Tminshi of the ... ....... F.. .._........... of ...Southampton --' - County of .Cumberland Commonwealth of Pennsylvania, hereinafter callcifetWQntractor," '-' WITNESSETH: WHEREAS, Contractor 11 the owner of, or Is othervelse interested In, A certain feel estate development am:ar In line Township f Southampton . ........_......................_.... o..... .... ... ......._..• . County of ..Cumberland Completion of Section 3 Cmmn°nwrahh of Pennsylvania, Idontlgttl as and called ".....__.................. ...: the location of which h further also" me a certain PlnnemRled ..$0..._Mountain Estates Feb.ruar 9 ........ .....'a' ........_..... ............_., dated ........ Y . 1973 and membered . ........ , y of which Is attached hereto and made p WHEREAS. Contractor desires to have Adams Electric Install and establish s port and a carp and distrlbutlan for service to new residences to be constructed In mid development; ndf underground electric Ir:utsmb"lon WHEREAS, because of the excess cost of such underground Installation. as compared with the cost of standard overhead Installs. tlon, Contractor Is to perform certain acts and make certain payment a. hereinafter Provided; NOW, THEREFORE, It Is agreed as follows: 1. Adams EIMrk, rill dWp, ram me, and maintain, subject to Me arovlMara of this guaranteed, .y nndnpre,md drruh, "ele' Ins x.vlo- aahia Ara devdnpueml leaning With that pension thread Sharon on said pin a, and hereby designated, "Vndergommd Murihutin Area No. 7, per . 1 uwp01vd d4b khrad • AM lpra?lna thaeann slid arch remgloing nn era am as easy Irmm Ilene to Ilmr be agreed upon all dedlma ed 4 u,m Ie arch area. ventures by doe pritle, hello. Any such dalmatian shall M Ford, the mender d WapnW sandmen le he nlabllood 1 1. Unddarmted Climbed. Arm aMch aTludr a grmrD M dab, III a coon .npaad aroldmca, Adams Eleven. .111 Inndl, orn amp ..he. Wes dl pdstyry ad ,ecrmd.ry sidereal poipm d nrmary threelm together Wth ehrrr-wire, aiQtl pb.d undem,mnd smtr, I. mrh structure, senrtmdN a en be mamected Itdln the cured upn uoherarmmd distribution as cunenlly bring developed. together with such addl. tienai a il,iomt at may be necessary to ntmd Arms to the mein base. S. Kim mrh an a" b dealgvawd far • group at led than debt (A) rnWenars, the armies (d the I M ihove•dnr,HIM) x111 be Inn.!Inl under- ¦m J, but Ddmade, n.dedd end tandemeer real be installed avmhnd on oleo .retie that aXn, to individual rniAmvr. w neap d lea then ONlit (0) rnldnied la designated an Vodaxraund Distribution All.. ral role,; to n e.lning underground Diflohnllnn Arn hlch Is being served. a to be Arsord entirely undnpwnd as prMdN Ito eight (a) or more eldmdea, Adaw prank may bureau states" Moves. by tha just, van," as la soh p, •r Ihys gen. s. Adams EIMri,'e urden.hag It. In dl ern, subject to any and all I,e.lly assets as ....1.11.3 and ,mnleanmta. A. Adams Electric will ono and mddaln cad Isom time to time rene.v or npa" u a he n"n..ry. dl 4enal" to M budalim be Conasd" under the Issues of this aoeemeut. Contractor real pent all c.nery , m "Ara to he umh, and comeycd to Adams EIMrk Rend and mndmt right. d•n "eemen1. utest." Mal Adams EIMde a 1. fern and wee. a it, ".Iasi,. and nnamdmlled Whereas. Ice di Its perwas in coyeMlm rah de /acUl11" to he InsWled An Me need danlopmed' any pad Madrid. a. C<elmd' read canape cnmsuctton d s eld.m to such partlm, of the development ., than have been speed arm In .deag and dMSeetrd "Vederummd DU4lbvden Area." Escape a, aherWW ""in provided, are overhead dedrie distribution 1"wlln shell he rennmcted 4tW Wd w. Crossed., will p idde . arimm a,..t a that AM /ram ay and .II panda asunWl to this uedMdag. 7. Centeder, a Me maendy, oronre, he"by pM heat mY deed beneX,r rinsed by him cony In as mrh dMan.led Arn bell emleft, ay a any Id or ennlm, or the vessel, d the End •1 An spring prahlen that the smvga.m h made subject to the emement, and rights d Adwe media Cmpeadve, I.e.; and bl The /dining rMeke'y to its • .-"cr.. n a -Icon Met said peemla, "-" -"'^" "' °•"x'aa. now m eereater, a thplain t Cam ed. Is g to ba sed, , la that peened.., e SAW rmeive dU mrh ,eMee by met d the under. amt el the Wtee at sa trnm that red ct eRM. died. 4 mA Me Droi,rme o.o", be was "May such Dunn car overuse to grandest, Adme Electric wits a IeaOy binding .pee. R/ it " Caused' will "'tell any fadXles whi.h rte to be owned hyY'' Covtraeer a ennformXy Wpb dl Ad.., EIMde cp,eleadbme and sesdca su• .." «nulrwents end I. sentiment adds the National ElMderd Coda, fill other applicable sad" and all p,nlamt true, min ad regulations. 9. Gassed' eau saMn nredde In .cap,dav. W0 Adana EtMdc ry.tm adera"ued dtaldhuam standard, and .,veldr.u., (el All ""I" end b.eHllun[ for Ima11Wm of Adam. Eleddo 1.1,11" " Induding (but Miami IlmWtla draMe) W sad, cmd,ed dace end ,anode, nee rmnlred rlWln the .erred open distribution an. v (b) Cenerm. M. for pd-ewvdae aadem' IoddbHne. At the vas an d Adana Electric, in Ism At meb finnan ends, Coelnd' arm moral[ say .nd".it mclmmm (to be mppdsd by Adams EIMde) I. cob-salon. ton't installations. o a 1at ad, 0. Alltsf.rclIftla and %ij ment Installed by Contractor under ParraAp6 p hared $bell. uv .orb IvndhUn, ha And becmne, ailhoul and her 1 sad good suaeder ldhill aid sale ams Emers.; but nd any ared a?h other Am. U od when And (url s d'tlama Mea eireY Make, be v a g a ry a d°muneeltt. d delta,, 1 bd.d?mmargin. . run ad cemplda title to The same. tv 11. In the event that chaaa thus dyed of the derelopmmt or In in lot or cons 0n" dWl vessels. slontim d facilities, Ad., Added. Marked. draterr C .EM be eueeeeddsupon Anal paud in ?M W Adaam, ElMric. of Its stainless a ry be ve.eaary; provided, beards., that the ens lb"ed oh.U 19. Need of nee fertility ' pulpmml to be buetaued by Contractor under P.apets, a berM cad vas ac0111es .r qulpmm1 do be ad.lld by CJ Ad., Elartdc honeyed., db.ll be Eaemad to be a to become a .d of nee 1.1 elate or to be .ub1M to A., mMgage, Ua or mmmbrexe Ibweeo; Ip but the mine L60 at All Vince meta nee penned penpeey d Adime Electk. m 17. Ceded' arrn that he will establish deal gods deratiom dad provide edol.t. to live and trade ,take,. N. Caressed' area Met be arm complde• ' am. to ha meopldd, all ....then rod Middlebury. rimed td In P.rnayh p bore It madent V'e an n cad to typed.' delay Adam. Electric he the peeps. d hero'Y hereunder. Ia. Contract' all, to renduct W cmrtmdtlem pmp.m (u such memo a to permed Adana Electric to hoe Ir. And unimpeded crass at dl Man, to it, mdpm.l ad Maturation At.. 10. Is ddmen As be IorealeF Contractor epend that, beravee of the eau it of such underground butillaeen. In said oederg,ouvd Dbd• bWen Arse, he Add pay Adams El.dsle the gem d __4671 r. DA__......._ (41.671.00 ) pWa, W. Ad. Elide dwte .m• car . b eau Ara AMA Cee" ch sky wUtied to a ,deed. raters, a mdX by come d it. /ad Wt dry p,opeaed nddate. Me bWdag " W a fns be" bass ihase.ller ow4uded. 17. Ndhag is Wet x9.11 dWl ht renitrued seemly to a all a ay name, the arsdmdim, eade d nt.1 ea.vice peeaem Uy Is . h1.dena, d ' agenda, sew a ddXloed /.dm", .Amber for trnmrlWw m dMbuUn, Arad. any e% meu or right Asset. EleNthe aeadlen, epwUae in winta•l.ee d new adXI" cad I' distributors grai to aid ere.. my 18. Ceelad' Will Indetnelly Austin Meddr god go" It har.ni"e from And • da" dl Ilabmty, lair road it esp... 1' bulury (adudag dash) to ray pgoan, fir dams, a any yaeppeeenl>> AW Iron and aalnts .0 cans. for .n, such In'IVy er da.nd, bourn" caused Wb` cut of emserted telh Centnde/,, manned a eas pd i. , Ara' melrlsuaea d Baid dereiepmees, or ads g 1 crgnMed Wlh aka bta d fr .1 of We aAmment by dlh" same or its or his employees, aura .,rv..I. av.ad.go or mbK otr.dou indud14 (but vll ed nee III. Wain) .sty each bu tare or damned dresaa 11m eabddenar d all or balall. uela...W old, by nee fruit, )Warr Are eepamea of Adam. Elretd r 19. This assistant 3haa net be m1p.b1. by tented' udeu with the rout cm.est d Astoria girder. 10. The, penmen dd1 rare. he ad be blading Marks th. raised hefdo .ed lhet napectlve, het., da em, admldmr.an, wens.red ... dip,, a the cane w/ M. IN WITNESS WHEREOF, the parties heeto have mumd Hds Agreement to be duly executed the ...... ._....1E.L..._._......_ day of ......... _-------- .Apt.11....._.._._.._, 1p.76._... ADAMS ELECTRIC COOPERATIVE, INC. Astert: t. xPAU It ng Generel...Hanager AMR*= ?^I 167,/ (?f C? sry'/?.N- V/r '? ??i '..??r / / I7 e l/ F =? ?nY „ o? tl t - > N W 6'Wt norm h oWl. N um? ? W C v w bwc .. ?l?el4. ;?IntpY•.9 :"A "JIY VI eennsytvM1nua n ?.OWi ^/ Of L0."Gq?10LI ss :nca: snd in talc ?F.;ce for fE? rncording of Deem re" i11+ '5 sd for Comberlanrl Cnunfy, P;t. [J * soak 1'lit,es m, hand and :avi i LAdillo, Pa. this r _.. day of BOOK 22t PAGE 473 + FOB RIGHT OF 'RAY PLAN SEE RTOHT OF WAY PLAN BOOK J PAGE 124 0-16-72 Acclaim No..... liannenl No. Rine x.. Tuwnsbp RIGHT-OF-WAY EASEMENT I UNDERGROUND FACILITIES KNOW ALL MEN IIY TIIESE I'l1ESENTS, ilia, eve. Ilre undersigned (wheil,er one or more hereinafter ek,thd Grantor(,)) /^ ..... )f ..E'J-?lcCt ..,c4a .,ya1"_.... 14 u,,, lJ LaJ d f r? ', u.; 6',a, Inv..... luc J /u of 1 NIrJ ?'. r t of 'lt ,.in fOnc (11 W)Ooll a dolJ<9 maul al q,be cmniJ. F.Lf'.('TIIIC COOI'LIIA LIVE, INC, 1Ys "ol is a ccenurs yoad k a augvb(I.renafter called Granted eY ?ntd'AUA nI, f cv,yvreo .e n,rpnralwn, .vhmt Iwo uf&e address Is hereby certified m bl it... of I5J North SlmUOn SUee4 Cmy.lnvg, Ponn.Ylv.mie, the 119111 povk1e9t and eae,ncut of o ugbbof• Al, -Lt -... feet In width ulwn and uahr Ihr Lids of file undersigned, dilate in County, Pennsylvania, to particularly descrdied as follows: Tract of laud sduac in _-•l o.?/ _ Towmbip, containing approximately . acres. Jecaeal about _... ... __. _....._4. .M1 indi,(N•E-SAV)... (nearest bom,gh or village) _ ..., bounded by m sdjoineq follows: Noll, by ... r.l •R __.. '... - . n pa p / . .. -eve Iy.c Tic 3.E ....... ......: Ears by Na.+'„Ld'!c/us leC. 5.... ill, .. (.. !d It ..... .__. teat by ......ree.a....T?c/y m lay. r"'t. wn.ln.et, opmm and on.lmnin underground cunJuit and cALlo line. And ovenc?adloilities for mran.nuu,ugg an Jianbutifg rlenric power, including d all wires, table; hanJhnlee, manholes. tram( nmrs, mtnm- funncr envlaum,, eoncn•IC, pads. connection boxes, poles, anchors. guys, ground connections, attachments, equip. mint. nsco.n. and atipammana•s daoable and necessary m ronnectims therewith hereinafter referred to I as -fnalitief), under, open, over and across It. lands of said Cantor. Location of fact tuns a shown Aa Plat No. 7JIV , below attached and nsnde apart of this agreement; the location of the center line of said light-ofn ar being sbm". In broken lines on at plat. Greater shall have the right to locate said underground fnnhun union file boundary of said ?/Z!f ,e . . ..foot strip as it shall deem proper, but shell not be required to Lave still facilities follow the center line a( said rightof-way. Thy fanlifv. rtrcu,d hvrcnnde, shall milo the pospcrtyy of Glance. Cr ticks dull have file right to Inspect, rb..... or o. rcpatr, unprvve and n.aku such changes. allcranuns, substitutions and additions in and to its i L,aliec. u. Crania may from time to time deem Advisable, includingg elm right to inerease or decrease this unlwv of sundmts, wires, cables, Landhola, manholes, connection hose, onto omlen and teaafomer ea. i coo, and n'lcr "Galnici fc,mve .hull kit all times have the right to Uim, cut or remove lien and endure rmb and other obstrue• t ...... ma arc .n Jun the limns of said 'JO) 111_ ( ... (cot right-of-way; and to keep said rig am (free f ..... 11, tty mcb aala,b n. Cra may drunk proper and in pr ondca however r, any age e. in me nr tttaa for tmmnnug- cuing at removing) prevent of of Grantors, cause) by said Grantee in mainw ntaw mg . Ill undergm,aJ dcrhddofiun facilities ties nes shall at the be borne y said GCrail urare. Gr.mmr. he. s acewers and signs, may tar the land within the eoc,nint for any purpose not Incoalstenl .v eh the rights Lrnhy gra,ncdIre v.Jcd ,uch use due, net tederc rah or enJauger the construction, After. anon or n .nmru..n ce n( Grant,', , fardnc,. Orantan do l,crcbY covenant ail agree that they will not or." or pcnnit the I r,cna, of any laddmg tan u, id nght•nf.v.ry after file necution.md delivery of the within agrecomnt. The Gamcc .ball Iavr, mgelLla with (I'll right tit C."oo t, I...tied, uwiaan. replace, remove' aid operate Ile laeil,bcs, me right of ,ngras to and egress from the casement over Ibe 13 1, of Grantor adjacent to de easement and lying l,vtween public tar private roads and the casement. such rights to be exercised only in such manner as shall aeration the least practicable Januge and inconvenience to the Grantor. The Caunur agrees 'list fill casement shall include the right to pcnnit a telepttonu company and/tar a com. „tunny televisiml antenna cvmpany or street lighting cattle, of the Crrare to u e the boreal granted right-uf. "ay. The words -Cuaor(x)- and "Closer shall include their brook executors, administrator, mecesson and as. up., . the erne may be. Gn,ntol atilt, I, that hr is cued of and bat mile right to eunvay the said eaemenm, rights and pnvJeges; that Cumce .hall have in,ct And c ccablu possession. use and enjeyna•nt of the aforesaid casement, rights and pmdegrv, and that Grantor slnll execute such further nAuruncn thereof a may be required. "like Groan, covvm.ms that sold lands ore file and clear of judgments, morcgage,, or other liens and en. cumbrances of whatuver character, except as follows: IN IVITNESS WI[FREOF, the undersigned Intending to be legally bound hereby, have here below see mfr bonds and real, ibis .........:CL 1?.... day of ...........a G.ya y / ..,,Laa...._...... , te._Z %VItneat: (SEAL) . •?"/.sa?GLL.Y .. K._-LQ2/:u-1.-___.r r:Uau.._?r/_/r/-'?(?? _ (SEAL) _..._. ......._ .........:....___- -_........ ............. (SEAL) ' ?W:{ 200 FA6E 409 INDIVIDUAL COMMONWEALTH OF PENNSYLVANIA York COUNTY OF Adams , Cumberland is: Franklin On this, the ............. __..__. day ef.__..__..._..__.._....... ...._19.___, before me, the undersigned ollicer In and for said State and Courtrai Personally appeared _ ..................]._...._......_..................... _.. .... Inc.. knmxn rn ma (or Imiifaetorlly prevent to be the perm or one or the persons whole names are mbsed it to the within Ialtmment. and acknmr edged that they aerated the wme for the purryne therrla c... tamed. IN WITNESS WIIEREOF, 1 hereunto at my hand and emclal net. synannr e1 Udlc.r .._....._.__ ....... std. .I omrsr __._......_.....__._.... .. . My commission expires ............... .............. MWnu at Omer • ? z SUBSCRIBING WITNESS v+ ^i?? COMMONWEALTH OF PENNSYLVANIA Yruk COUNTY OF %I 111u .. '.. ('.edanJ 11: W Framnklln 'kOn- ithis, t/he?........ .7.`.._:........._ day of ......... aplLpf ?.... 10 7/, bclnru me, th, sitltmdber, a '?[?F(Llq '.yca/S(<!),. In and for said Slate sad Cmmty, personally mme J/, e'Az-1.:..?. 1jre,4/.?. a nibitrI ing wllnel to the foregoing Instrument to me personally known, and being duty swom doth depne and ray that he resided I. 611.L/4ilAX I-rCounty, Peonrylvanb, at the time of the execution of said fnetniment. and stw redder there, and la amuainted with and krwws aid .. ...__.....___., ... whn eneeuted the for •oYng of 'Irvment and wac present and low 11, t ic-diming and execution of the .nme, and at which time at Ilaen signed the Imtmment as a vilnen In 111 cacondau. IN WITNESS WIIEREOF, I hereunto at my hand and oMetal red. l.. °e. ., .. -O ,c i .. ... ... _._ ...... ....... elenxMla It Ulam C 1 ,^ . e rGi: :i Or., ".. t' '• -D'+rn 11,111 Islas. Ntt,drrf, saw Imo ?• '' (s ?' Ih Willies 111411101111 it. 1211 •HJ?;ispJryirsiori ttp6e ............ ...... ...._..... .......__.... AJ,kas el Omaer CORPORA' School Dh6 Cumb, Co.. Pe COMMONWEALTH OF PENNSYLVANIA °? x )S+? , s a.u m... r.... I., t.. a York COUNTY OF Adams n 'i. ;rp . i .•vti`••''?!s a.. i...1.1.'. ..: Canniarl..d a'; Franklin .............._. On thh, the _.._....._._.......__._. day of _..._..._.____... _._.... ._.._, 19 .__., before me, the undersigned o®nr In and for said County and Slate, Personally appeared he acknowledgel himself to be the oL__...._..... ....__ .............. _................ a corporation, and that he as such affect. being authorized to do so, executed the foregoing Instrument for the purpose thertin con• rained by signing the name of the corporation by himself ns such omcei, bale uIN WITNESS•WIIE40r. 1 hereunto sat my hand and ofOcinl real. Co..nry sal Cme eland I a Rae:: •...I in (e. its •ucord:ng of Died %. ex. it e•.! fn• .. I.".) C . Pa. of Odle, in w?? 1110t, .. V.,. Pn9. __ .... ... ... ...Title of t>RSm'.. sari f oWes, at Z;v CsrCJ?111'aonlddtlluucapdq of_ LL -. I9.lai,....__........._...._... Adtr,u or 01i", .. ` air 4eterder BCO% IDU fME 410 to the care of the property, and may be erected either at the rear of a lot or attached to the dwelling house. 6. All weeds and grass must be kept properly mowed. 1. All building setbacks as shown on the plan shall be respected. ( t i i MCCACICICA i \r Y. AT?\\I • rr N rrr rr D. In the event street lights are placed on the Development the cost of maintenance of said street lights shall be borne by the lot owners on a front foot basis. 9. There is reserved on all lots five (5) feet on all sides of said lots for the installation of utilities for the benefit of any and all lots in said Development. 10, There is reserved an additional ten (10) feet on the Northern edge of Lots 120 through 127 inclusive fovhe installation of utilities. -99 STATE OF PENNSYLVANIA :: ss COUNTY OF CIAMERLAND :. On this 25th day of June, 1971, personally appeared before me Joseph B. Hatzard and Esther M. Hazzard, his wife, owners, who acknowledged the foregoing Restrictions to be their act and deed and desired that the same be recorded as such to apply to South Mountain Estate; Development. .... = In witness wheYCZtY. I hereunto set my hand and ieal. 'W nlAlfy s.. f• ? -IC w_stSLl.S?(SEAL) BDD1 194 PAGE 967 ': ::: a`!:•{;; `MY Comm, expires July 8, 19r/ 1 11Y I -I ? M[C.IA [ MI G.{A j ., .,... ............ i I _ RESTRICTIONS BUILDING AND OTHER RESTRICTIONS ADOPTED TO APPLY TO PLAN OF S UTH MOUNTAIN ESTATES ACKNOWLEDGED ON THE I Y DAY OF <r.TA 0ZA 1970, AND TO WHICH COP ES OF THESE RESTRICTIONS ARE ATTACHED, AS SAID PLAN IS FILED IN THE OFFICE OF RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY AT CARLISLE, PENNSYLVANIA .A..,....... a ..... a,......... u...... •... The following building restrictions as hereinafter set forth and adopted by the owners of South Mountain Estates shown on the annexed Plan, shall constitute covenants by the owners and by and between the owners and each and every purchaser and successor in title to any lot or portion of the land shown upon said annexed Plan, and said covenants may be enforced by any appropriate legal proceeding by the owners or by any other owner of any portion of land included within the said Plan. Said Plan with these covenants attached, is to be recorded in the office of the Recorder of Deeds in and for Cumberland County at Carlisli Pennsylvania 1. All lots on the aforementioned Plan of South Mountain Estates Development shall be for residential sites only and used solely for residential purposes. 2. No dwelling shall be constructed on any lot with less than 1.050 square feet floor space excluding porches, basement and garage. 3. No junked or abandoned automobiles may be parked on any lot. d. No trailer, basement, tent, shack. garage or other outbuildi erected on any plot on the attached Plan shall at any time be used for residential purposes, either temporarily or permanently, nor shall any structure of a temporary character be at any time used as a residence. S. Permissible accessory buildings shall consist of a family garage, or small building necessary for housing equipment incident acs 194 in, 981 i 2•/?44A f:.• L6 i i i AGREEMENT made thin 9th. day of Tuna 1971 between THE UNITED TELEPHONE COMPANY OF PENNSYLVANIA, a corporation organized and existing under the lewn of the Commonwcolth of Ponnaylvanla (hereinafter called the 'Compnny') nna Joseph G. d Esther M. Hazznrd (hereinafter cnllad the "Developer") WHEREAS, Developer In In possession of all that certain tract of land In Southampton Township Cumberland County on shown on Plnn, entitled "UNDERGROUND SCRVICC AREA", burled focilltios in the South Mnuntuln Cotn:nu Development attached hereto, made a part hereof and marked "Exnlblt A" antl WHEREAS, the sold Developer Is In the proceno of developing said true- 0o n Residential Development and andiron the Company to ontnbltuh an underground eommuniratlo, system in port of said Onvaloomant in order to supply Telephone service requirements of the individual residences in the underground service area in the Residential Oevelapmant as shown on anld Exhibit "A" hereto; and WHEREAS, the paid developer also agrees that this agreement will be in effect to any supplementnry extension from Exhibit "A" not to exceed thn original survey, and WHEREAS, The said developer also derires the Company to construct its facilities underground from the perimeter of ",old development to the said underground service ores; and hereby grants unto said Company, Its associated and allied companies, and their respective succesnors, assigno, lessees and agents, the right, privilege and authority to construct, reconstruct, operate and maintain lines consisting of such pole n, wires, cables, guys, anchors, conduits, manholes, loading toll pots, terminal pedestals and other fixtures and appurtenances as the grnntao mny from time to time require, upon Across, over and/Or under the land that WE own or in which WE may have any interest, sold land being situate in the Township of Southampton Cumberland County State of Pennsylvania: 3C7.< 191 MU 858 1 role right of wpy granted herein consists of 15 ft. I'd 3 ft, eascmants as «nOwn on attached drawing - Exhibit "A" In the South Mountain Estates Davnlgpnnnt. WHEREAS, the said developer in recognition of the fact of construction Of n direct communication Oyntom is morn Costly then the construction of a comparoble Overhead system, which is the company's normal method of supplying service, to willing to participate with the Company thereof in the mannur whereafter and are partlcu:arly described. And, now, thnrnfare thin norphmnnt, wltnnannth, for the cnnnlnmrntlnn !. .:,(, UnIULL)"". .. :4 L.lY n?:U le tY ?11i :114: u : 4 u.l I U: 011:0 In coats between underground construction and earlol construction, whero the total cost Including excavation for the burled facilities exceed the estimated cast for the aerial facilities. 2. Prior to the execution of this agreement the developer shall furnish onld proof to the company that the right of way fac111 !lac being Danveyed to the company have Coon released from lion of any lneumbrancea. 7. The Developer shall raquirc all future Ownara of property being sold within the underground service area to receive telephone service by underground service wires from Telephone Company underground distribution system. Each future property owner shall provide a trench For the direct burled service wired or a conduit system from the point of connection with the Company's underground distribution system. The property owners shall be ranponslble for the opening and bockfilling of the trench required to place the direct buried norvica wire by the Company, or In the avant the property osincr choasns to place conduit they shall be responsible for the placing of the conduit In accordance with Company's speclflcationn from the point of connnction of the distribution nystum. In the avant toot the Direct burletl system in chance by the property owner, it will Do their responsibility to BCC-( 1 91 mrE '1)59 IN WITNESS WIICAEUF, Developer and Comonny have caused this agreement to be CenCutad in ouollcote the day and year aforesaid. WS tnn :::: 'I 1 _ / I`l I1 / I, -t rfl, ..J .d / l i l l• .. p ?I Lana Uwner bil.thcev! THE UNITED TELEPHONE COPFANY OF op'.. PENNSYLVANIA i Vic. Fre Dent Lill OF PENNSYLVANIA,) 55: ,,VK l,: ) On the /. day of J.. ., r. ,A.D.?/, P. me, the oubscrioer, a Notary Public, in end for Lhe COmmanweal Lh of ylvanio, personally appeared the above named and" 'dye form of law acknowledged the above right of way grant to be G. q voluntary act and dead and desired the same La he recorded J,,.;In such'(. .O C:<. S WI'(ffiS0:my hand and notarial 5001, the day and year aforesaid. r' •}IjAw,ilWM 6yM M1lI"\.I U. I\!] // ?C?.1 (1'i 'cAr+++rk.s 05.x+. rn.+rr,n ??? ? ?K+•<.? COMPONWCALTH OF PCNNSYLVANIA,) g5; COUNTY OF l,m ) On the L, i.T tloy of .Tv ,v a ,A.D.7/, "Tore me, LhC subscriber, a Notary Mdb11c, in and for :he Corvnanuealth of ?aOFMt-!.gnlu, personally appeared the above named „a of low acknowledged the above right of wily Grant to us untary nct and deed and desired the 3-1-0 to be recorded '.'..Witness my hand and notarial seal, the day and year aforesaid. 0." 0. ,l:lw, ..v FaY O 22. I'll 5<hsel 01?, um?, Co., 13 .:....... A,,: rte. I ? Cry 0. D. Ot AC,?r.; - t:=.. tn:.ct?+\•f(.?? open and close the trench at the Company's request and for future maintenance of the direct burled service wires. Each future owner shall grant to the Company a perpetual easement For the maintenance of the underground service wires from the point of Connection of the distribution System to the property owners structure. Sae Exhibit "S" for agreement required from each individual property owner requesting telephone service. 4. Subsequent enlargement or extonaionS of the burled underground cystam made at the request of the developer to accomadate additional buildings or groups of buildings within or odjacunt to the original underground service area will be made Only under separate agreement for each lnotnllation. Each agreement will consider such additions as a new and burled underground system. 5. Developer Shall grant the Company the right to extend their under. ground facilities through and beyond the underground service area to supply telephone service to customers outside said area, provided however that such extensions to Or reinforcement of this underground system to accomadate the request of the customers outside the underground service area ore to be made without cast to the developer,unleso made pursuant to an agreement entered into In accordance with the provisions of Paragraph I L. This agreement also includes the right Of Ingress and Egress to and from sold line at all times for any of the purposes here In lbovi?"ap ?At n ] r ?c w 1 NO, 2CI54 E RECEIVEU OF THE UNI TEO TELEPHONE COMPANY OF PENNSYLVANIA, P H;,., OF WAY , ONE $1.00 DOLL ARS IN COISIUCRATION OF WHICH 1 HEREBY GRANT ONTO OAVIU SEAVERS ( SAIU COMPANY ITS SUCCESSORS ANU ASSIGNS, THE RIGHT, PRIVILEGE ARM TO 5 AUTHORITY TO CONSTRUCT, OPERATE ANU HAIMNAIN ITS ONES OF TELC- UNI'EU TELEPHONE CO. OF PA. PHONE ANU TELC(IRAPH, INCLIIUING THE NECESSANY POLES -NO FIAtIIRES, UAtCU AUGUST L5, 195) OVEN, ALONI, ANU UPON THE PR,IPLRTY CANTU RY IE IN THE tWP. OF S ENTU. AUGUST 31, 1953 HAMPTON, COUNTY OF CWIICRLANU, STATE OF PENNA. WITH TMC RIGHT TO THIN ANY TRLES ALONG SAIU LINES NCCES;;ANY TO KEEP THE WINES FREE 3.01 UTC PGYNA FROM INTERFERENCE by SAIU TREES, TO SET THE NECE55AHY GUY ANU OR,,CE POLES -Nu TO MR ATTACH TO TREES THE NECESSARY GUY WIRES, ANU IN FULL SATISFACt IOIA ANU PAYMENT THERE TATF A4 FOR. WITNESS MY HANU ANU SEAL THIS 15TH UAY OF AUGUST A.0.1453, AT SIIIPPFNSBIIRG R,U.d2 'NITId SS: JOHN W. INTEL UAVIU SLAVERS, (L,S.) CO.'NJNWEALFH OF PENNSYLVANIA ) COUNTY If CMABLRLANU SS: ON THIS 15TH LAY OF AUGUST, 1953, BEFORE 6E PERSONALLY C-ML UAVIU SEAVERS 151641EI IN uW. FORM ARM MANNER ACANOWLEUGEU THE ABOVE INSTRUMENT TO BE HIS ACT ANU UCEU, TO THE ENU THAT THE SAVE MAY BE RECORUCU. WITNESS MY HANU ANU NOTARIAL SEAL, JOIN IM.EL NOTARY PUBLIC EG MY CLYA EXP JULY9, 1955 ___________________________________________________________________________________________ NO. 26155 1 RECEIVEU OF THE UNI FEU TELEPHONE COMPANY OF PENNSYLVANIA, RII,HT OF WAY 0 ONE $1.00 UOLLARS IN CONSIUENATION OF WHICH WE HEREBY GRANT UNTO RICAARU A. MUYEHY ET UX 0 SAIL) COMPANY, ITS SUCCESSORS ARM ASSIGNS,THE RIGHT, PRIVILEGE ANU TO 0 AUTHORITY TO CONSTRUCT, UPERATE ANU MAINTAIN ITS LINES OF TELE- UNITEU TELEPHONE CO. OF PA.0 PHONE ANU TELEGRAPH, INCLUUING THE NECESSARY POLES ANU FIXTURES, UATEU AuGuSt 15, 1953 0 OVER, ALONG ARM UPON THE PROPERTYOWNEU BY US IN THE TWP, OF ENTU. AUGUST 31, 1951 0 CWBERLANU, COUNTY OF CWBERLANU, STATE UH' PENNA. WITH THE RIGHT pn ?ry? TO TRIM ANY TRELS ALONG SAIU LINES NECESSARY TO KELP THE WIRES 3.01 UTL FREE FRW INTERFERENCE BY SAIL, TREES, to SET THE NECESSARY GUY ARM BRACE POLES ANU 8/)1/5) ) TO TO 'RE, THE NECESSARY GUY WIRES, ANU IN FULL SATISFACTION ANU PAYMENT ATTACH 'f ATE 'A! tHERCFOR. WITNESS MY HARD ANU ZEAL THIS 15TH UAY OF AUGUST A,U.1953, AT SHIFPENSBURG H,U.P2 WITNESS: RICHARU G. MOWERY (LS.) JOHN W, 1"L WIFE UELORES J. MOWERY CUMAONW£ALTH OF PENNSYLVANIA) S5: COUNTY CIF CUM8ERLANIJ ON THIS 15TH LAY OF AUGUST 1953, BEFORE ME PERSUNALLY CAME RICHANU A. MOWERY ANU UELORES J. MOWERY (WIFE) IN UUE FORM ARM MANNER ACKNUWLEUGEU THE ABOVE INSTHHMCNT TO BE HIS ACT ANU UEEJ, TO THE ENO THAI THE SAME )JAY BE RECORUEU. WITNESS MY HANU ANU NUt..RIAL SEAL, JOHN IMMEL ROTARY PUBLIC MY CUM CAP JULY 9. 1955 EG _.. ---------------- _---------------------------------------------------------------- ........