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16
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
NO.: D -7. a N. 3 0-t? j- I
Plaintiff,
VS.
ARTHUR W. NEIL,
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
Defendant.
FILED ON BEHALF OF:
Farmers & Merchants Trust
Company of Chambersburg,
Plaintiff
TO: DEFENDANT(s)
YOU 70S12 IWAEBY NOTIFIED TO PLEAD TO THE
ENCLPLAINT WIT TWENTY (20) DAYS
FROM S IC REOF DEF T JUDGMENT
MAY B AG U.
CIVIL DIVISION
TYPE OF PLEADING
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
VITIORNEY FOR PLAINTIFF V
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PL IFF IS:
20 South Ma' Street
Chambersb , PA 17201
AND THE (S? / ! 1
316 Lib e
CERTIFICA
IHEREBY(
THE REAL 1
316 Liberr
TION
-
8)N OF
IEN
IS
17257
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
FOR
i
•
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.:
vs.
ARTHUR W. NEIL,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG, :
Plaintiff, NO.:
vs.
ARTHUR W. NEIL,
Defendant.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.:
vs.
ARTHUR W. NEIL,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers & Merchants Trust Company of Chambersburg, by its attorneys,
James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is Farmers & Merchants Trust Company of Chambersburg, which
has its principal place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201.
2. The Defendant, Arthur W. Neil, is an adult individual whose last known address
is 316 Liberty Drive, Shippensburg, Pennsylvania 17257.
3. On or about July 26, 2002, Defendant executed a Note in favor of Plaintiff in the
original principal amount of $97,755.00. The Note was amended on January 14, 2003. True and
correct copies of said Note and Amended Note are marked Exhibit "A", attached hereto and
made a part hereof.
4. On or about July 26, 2002, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $97,755.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on July 30, 2002, in Mortgage Book
Volume 1766, Page 3179. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part
hereof.
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about March 12, 2007, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose
Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of
1983 and Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked
Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 92,074.30
Interest through 5/4/2007 $ 4,276.01
Late Charges $ 237.52
Escrow Balance $ 1,928.88
Attorney's Fees $ 1,250.00
Court, Sheriff & Title Costs $ 2,500.00
TOTAL $ 102,266.71
plus interest on the principal sum ($92,074.30) from May 4, 2007, at the rate of $15.45 per diem,
plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $102,266.71, with interest thereon at the rate of $15.45 per diem from May 4, 2007 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale cif the
JAMMTH,tDIICA & CONNELLY LLP
BY:
Sfot?A. I4Metterick, Esq
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D # 89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
NOTE
.uoan Number : 3040220701
July 26 12002 Chambersburg PA
[City] [State]
Lot E-2, Liberty Drive, Shipppensburg, PA 17257
[PY Addcess]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 97,755.00 (this amount is called
'Principal"), plus interest, to the order of the Lender. The Lender is Farmers and Merchants Trust Company
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the"Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 7 . 625 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on May 1, 2003
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied
to interest before Principal. If, on April 1, 2033 , I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at Farmers and Merchants Trust Company of
Chambersburg
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U. S. $ 691.91
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment. " When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Ireddle Mae UNIFORM INSTRUMENT
ITEM 1646L1 (0011)
(Page 1 of 3 pages)
Form 32001/01
OREATLANd ¦
To Order Call:1-800-5309393 O Fax 616-791-1131
this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
bender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 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.
Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(seal)
Arthur W. Neil -Borrower
Witnessed By:
-(Seal)
-Borrower
-(Seal)
-Borrower
Pay to the order of
without recourse this day of
By
Farmers and Merchants Trust Company
Brett R. Otto, AVP
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 1"613 (0011)
(Page 3 of 3 pages)
-(Seal)
-Borrower
_ (Seal)
-Borrower
-(Seal)
-Borrower
[Sign Original Only]
Form 32001/01
CIREATLANO ¦
To Order Call:1.600.53093930 Fax: 616-791-1131
CONSTRUCTION LOAN PHASE RIDER TO NOTE
THIS CONSTRUCTION LOAN PHASE RIDER is made this July 26, 2002 and is incorporated and shall
be deemed to amend and supplement the Mortgage Rate Note (the "Note") together with any riders thereto of
the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to
Farmers and Merchants Trust Company, its successors and assigns(" Lender"). The original principal amount of
the Note is $ 97,755.00 , which is the amount the Lender has committed to lend the borrower
(the "Loan").
CONSTRUCTION LOAN PHASE COVENANTS. Notwithstanding the covenants and agreements made in the Note,
Borrower and Lender covenant and agree as follows:
CONSTRUCTION LOAN PHASE. The time period from the date of the Note and this Rider to
March 31st, 2003 is hereafter referred to as the "Construction Phase". When the Construction Phase ends,
the loan will convert to a permanent loan.
OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage secures future advances made by the
Lender including, without limitation, sums advanced by the Lender under the terms of the Note and/or
Construction Loan Agreement of the same date hereof (together with any riders thereto, the ("Construction Loan
Agreement") by and among Lender, Borrower, Rine & Rine Builders (The "Contractor").
The Note, Mortgage, Construction Loan Agreement and any and all other documents evidencing or securing the
Loan, together with any and all riders, amendments or modifications thereof are hereinafter collectively referred to
as the "Construction Loan Documents".
ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make payment in full
of all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and
all other rights or remedies Lender may have under the Construction Loan Documents should either of the
following occur:
(1) The Improvements as set forth in the Construction Loan Agreement are not completed by the
Contractor by the end of the Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
PAYMENTS OF INTEREST DURING THE CONSTRUCTION PHASE. The Borrower will pay to Lender monthly
payments of interest only at a yearly rate of 6.625% on the outstanding principal balance. The
Borrower will make these payments on the first day of each month beginning on September 1 st, 2002 and will
make the interest payments until the end of the Construction Phase. Commencing on the first day of the full
month following the termination of the Construction Phase, Borrower shall make payments to Lender of principal
and interest as more fully set forth in the Note. Lender will bill Borrower for that interest, which must be paid to
the Lender by the due date. Failure by Borrower to make scheduled interest payments to Lender during the
Construction Phase shall constitute an event of default under the Construction Loan Documents.
FIXED RATE PERMANENT FINANCING. If my loan is a fixed rate, my permanent interest rate can be locked-in up
to 60 days prior to 100% completion of the construction project. This rate will be no less than F & M Trust
Company's market rate at that time and no greater than the interest rate contained in the Note
All other terms and conditions of the Note and Mortgage are and shall remain in full force and effect, except as
modified herein. To the extent the terms of the Note and Mortgage shall conflict with the terms hereof , the
terms hereof shall control.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Construction
Loan Phase Rider.
/ 4??41
Witness Arthur W. Neil
Witness
Witness
Witness
Pennsylvania - Construction Loan Phase Rider To Note gAdocgen\conntrd.doc 11/98
NOTE
Loan Number : 3040220701
Janua??4, 2003 Chambersburg PA
R[City] [State]
316 Liberty Drive, Shippensburg, PA 17257
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U. S. $ 97,755.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is Farmers and Merchants Trust Company
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 6.125 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1 s t day of each month beginning on March 1, 2 0 0 3
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied
to interest before Principal. If, on February 1, 2033 , I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at Farmers and Merchants Trust Company of
Chambersburg
(B) Amount of Monthly Payments or at a different place if required by the Note Holder.
My monthly payment will be in the amount of U. S. $ 593.97
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as
a "Prepayment." When 'I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 JAI
ITEM 16460 (0011) (Page I of 3 pages) To Order Call: 1.800-530939313 Fax 616 791ND
this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lewder if such exercise is prohibited by Applicable Law.
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 given in accordance with Section 15 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.
Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
x7? (Seat)
Arthur W. Neil -Borrower
-(Seal)
-Borrower
(Seal) (seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
Witnessed By:
-1 Z4
Pay to the order of
without recourse this day of
By:,-
Farmers
and Merchants Trust Company
Brett R. Otto, AVP
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 32001/01
ITEM 16461-3 (0011) (Page 3 of 3 pages) To Order Call: 1-800-5300393 0 Fax 616-791 .11131
EXHIBIT "B"
Cie---
"'' p.?G
h CORDER OF DEEDS
UMBERL4ND COUNTY-Pr
02 JUL 30 flM 11 V
Loan Numbe 3 04 022 07 0 1Space Ab ve This Line For Recording Data]
ORTGAGE
DEFINITION
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated July 26, 2002
together with all Riders to this document.
(B) "Borrower" is Arthur W. Neil, individual
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Farmers and Merchants Trust Company
Lender is a of Chambersburg organized
and existing under the laws of Pennsylvania . Lender's address is
20 South Main Street, Chambersburg, PA 17201
. Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated July 2 6, 2 0 0 2
The Note states that Borrower owes Lender Ninety-Seven Thousand Seven Hundred Fifty-Five
Dollars And 00/100 Dollars (U.S. $ 97, 755.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
April 1, 2033
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property-"
(F) "Load" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider Q Other(s) [specify]
Construction Phase
? 1-4 Family Rider ? Biweekly Payment Rider Rider
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
GREATLAND ¦
ITEM 195OL1 (0011) (Page I of 16 pages) To Order Call: 1-900.530-9393 ?Fax: 818-791.1131
ij (w 'l
8K1766?? 3179
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
Q) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
PENNSYLVANIA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
ITEM 195012 (0011) (Page 2 of 16 pages)
Form 30391/01
GREATUWD ¦
To Order Call: 1.800.530-9393[]Fax:818.791-1131
Uri 17 b P6 318 0
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the Southampton Township
[Type of Recording Jurisdiction]
of Cumberland
[Name of Recording jurisdiction]
which currently has the address of
Shippensbu" &y]
Lot E-2, Liberty Drive
[Street]
Pennsylvania 17257
[Zip Codel
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 19501.3 (0011) (Page 3 of 16 pages)
Form 3039 JAI
GREATIAND ¦
To Order Call: 1.800-530.9383 Wax: 818-781.1131
BKI766PG3181
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due
under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
ITEM 1950L4 (0011) (Page 4 of 16 pages) To Order Call: 1-800.530-8383 Mac 0 8-781 111 •
BK1766PG)3182
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can 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 as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
fTEM 1950L5 (0011) (Pa e S 16 ages GREATLAND ¦
8 Of P ) To Order Cat 1-800-530-9393 Mac 818.791-1131
BK1766F0`3#83
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 JAI
ITEM 1950L6 (0011) GREATLAND ¦
(Page 6 of 16 pages) To Order Cell: 1.000.530.9393 OW: 818-791.1131
B{ 17E bP 3184
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 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.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
ITEM 19501-7 (0011) GREATLAND ¦
(Page 7 of 16 pages) To Order Call: 1.800-530.9393 O Fax: 819-791.1131
RK17Ac, Tic Qioc
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of alien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
ITEM 1950L8 (0011) (Page 8 of 16 pages) GREATLAND ¦
To Order Call: 1.600.530-9393 Wax: 616-791-1131
BK 17 E 6 PI 3 1X36
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has-if any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
PENNSYLVANIA-Single Family-Fannie MadF reddie Mac UNIFORM INSTRUMENT Form 3039 I/01
ITEM 1950L9 (0011) (Pa e 9 16 ages GREATLAND ¦
8 P ) To Order Cell: 1.800.530.838313Fsx: 616-791.1131
Du I ? t3J181
D
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest in the Property are
hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to 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
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 IA1
ITEM 1950L10 0011 GREATLAND ¦
) (Page 10 of 16 pages) To Order Call: 1-800-630.9393 ?Fax: 816-791.1131
BK 17 86Po3118
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specked procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the -parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
ITEM 1950L11 0011 GREATLAND ¦
) (Page 11 of 16 pages) To Order Call: 1.800-530.9393 Wax: 819781.1131
BK [ 788PIG3189
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
this Security Instrument and 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 Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a
PENNSYLVANIA-Single Family-Fannie Ma&Treddie Mac UNIFORM INSTRUMENT Form 3039 Ulll
ITEM 195oL12 (0011) (Pa e 12 of 16 a es GREATLAND ¦
8 f p 8 ) To Order Cell: 1-800-630-9393OFex:616-791.1131
BK 1766NG3190
time period which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 LOl
ITEM 1950L13 0011 GREATLAND ¦
(Page 13 of 16Pages) To Order Call: 1.800-530.9393 OF= 818.781.1131
BunI766P63191
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security 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.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 1950L14 (0011) (Page 14 of 16 pages)
Form 30391/01
GREATLAND ¦
To Order Cell: 1.800.530.939313Fez: 616.791.1131
BKI766PG3192
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it.
141_ (Seal)
Arthur W. Neil -Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
(Seal)
-Borrower
Wines Witness:
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 195OLl5 (0011) (Page 15 of 16 pages)
Form 30391/111
GREATLAND ¦
To Order Call: 1-800-530.0393U Fax: 815-)81-1131
BKI766PG3I93
(? ?
State of PC 1v1ix GC?r\i a
County of Cumberla
On this the 26th day of July, 2002 , before me,
individual the undersigned officer, personally appeared Arthur W. Neil,
known to me (or satisfactorily proved) to be the person(s) whose name(s) i s
subscribed to the within instrument and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Shippensburg Boro, Cumberland County tle of ofScer
My Commission Expires May 15, 2006
Member, PGWVAvaniaAssod0w 01N0Wrft
My commission expires:
After Recording Return To: Farmers and Merchants Trust Company
20 South Main Street
Chambersburg, PA 17201
CERTIFICATE OF RESIDENCE I, Marilyn L. Stouffer
do hereby certify that the correct address of the within named lender is 20 South Main
Street, Chambersburg, PA 17201
Witness my hand this 26th day of July, 2002
Marilyn L. touf f er Agent of Lender
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
ITEM 1950116 (0011) (Pa e 16 16 a es GREATLAND ¦
g p g ) To Order Call: 1.800-530-9393 01'ax: 616-791.1131
BK1766PG3194-
SCHEDULE A
All the following described real estate, together with improvements
thereon erected, lying and being situate in Southampton Township, Cumberland
County, Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the easterly edge of Liberty Drive at corner
of Lot E-3 on the hereinafter referred to plan of lots; thence by said Lot E-3,
North 79 degrees 39 minutes 0 seconds East 150 feet to an iron pin on line of
Lot E-12 on said plan of lots; thence by said Lot E-12 and by Lot E-13 through an
iron pin on line, South 10 degrees 21minutes 0 seconds East 100 feet to a
concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot
E-1, South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the
easterly side of Liberty Drive; thence by the easterly edge of Liberty Drive, North
10 degrees 21 minutes 0 seconds West 100 feet to an iron pin, the place of
BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August
15, 2001, entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in
Cumberland County, Pennsylvania, Plan Book 84, page 64.
BEING that same property the J. Gary Rine et al by their deed dated July
2002 and intended to be recorded prior to the recording of this mortgage
conveyed to Arthur W. Neil, mortgagor herein.
I Certify this tc '
In Cumberland CjL iil :'+
.09
?w
O
? t
Recorder of Deeds
RK 1766PC3 195
CONSTRUCTION LOAN PHASE RIDER TO MORTGAGE
OPEN-END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
THIS CONSTRUCTION LOAN PHASE RIDER is made July 26th, 2002 and is incorporated into and shall
be deemed to amend and supplement the Mortgage and Security Agreement of the same date together with any
riders, the "Note" and, the "Mortgage" given by the undersigned (the "Borrower" whether there are one
or more persons undersigned) to secure Borrower's Mortgage Note to Farmers and Merchants Trust Company,
its successors and assigns ("Lender') in the original principal amount of $ 97,755.00
(The "Loan") of the same date and covering the property described in the Mortgage and located at:
Lot E-2, Liberty Drive, Shippensburg, PA 17257
CONSTRUCTION LOAN PHASE COVENANTS. In addition to the covenants and agreements made in the
Mortgage, Borrower and Lender further covenant and agree as follows:
A. CONSTRUCTION LOAN PHASE. The time period from the date of the Mortgage and this Rider to
March 31st, 2003 is hereafter referred to as the "Construction Phase". When the Construction
Phase ends, the loan will convert to a permanent loan.
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage and the Rider secures future
advances made by the Lender under the terms of the Mortgage and/or Construction Loan Agreement of the
same date here (together with any riders thereto, the "Construction Loan Agreement") of by and among Lender,
Borrower, Rine & Rine Builders (the "Contractor"), The Note, Mortgage,
Construction Loan Agreement and any and all other documents evidencing or securing the Loan, together with
any and all riders, amendments or modifications thereof are hereafter collectively referred to as the
"Construction Loan Documents".
C. ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make
payment in full of all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or
exercise any and all other rights or remedies Lender may have under the Construction Loan Documents should
either of the following occur:
(1) The Improvements as set forth in the Construction Loan Agreement are not completed by the
Contractor by the end of the Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
All other terms and conditions of the Note and Mortgage are and shall remain in full force and effect, except as
modified herein. To the extent the terms of the Note and Mortgage shall conflict with the terms hereof, the
terms hereof shall control.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Construction
Loan Phase Rider.
I/ - - 114, z ?
Witness
Witness
Witness
Witness
Arthur W. Neil
Pennsylvania - Construction Loan Phase Rider To Mortgage
?? I 7 6 6PG 3 1 9 6 g:\docgen\conrd 1 1 /98
EXHIBIT "C"
r' ? r u
Date: March 12, 2007
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends
to foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) my be able to help to
save your home.
This Notice explains how the proUam works.
To see if HE" can help you must MEET WITH A CONSUMER CREDIT COUNSELIN
G
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.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
MAEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO AHOMEOWNER'S
EMERGENCY MORTAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
717-264-6116 888-264-6116 P.O. Box6010 Chambersburg, PA 17201-6010
f-t-N-AX-C ?A.'t 01.U11-0 fVS .: -
HOMEOWNER'S NAME (S): Arthur W. Neil
PROPERTY ADDRESS: Lot E2 Liberty Drive, Shippensburg, PA 17257
(aka 316 Liberty Drive, Shippensburg, PA 17257)
LOAN ACCOUNT NO.: 3040220701
ORIGINAL LENDER: Farmers and Merchants Trust
Company of Chambersburg
CURRENT LENDER/SERVICER: Farmers and Merchants Trust
Company of Chambersburg
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 CAN COMPLY WITH THE PROVISION 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 FOR
EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date
of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies
for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule
one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you have tried
and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program 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 Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date).
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property
located at: Lot E 2 Libertv Drive. Shippensburg PA 17257, IS SERIOUSLY IN DEFAULT because you have failed
to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for September 2006 through
March 2007. The following amounts are now past due:
Principal $ 868.05
Interest $ 3,289.74
Other Charges:
Escrow: $ 1,572.19
Legal Fees $ 50.00
Late Charges $ 178.14
TOTAL AMOUNT PAST DUE: $ 5,958.12
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 $5,958.12 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:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
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 ri hts to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers this 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 attorneys' fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that 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 attorneys' fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
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 to cure the default and prevent the sale at an time up to one hour before the
Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other
charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs' Sale as specified in writing by the lender and by
performing any other requirements under the mortgage Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
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:
Address:
Phone Number:
Fax Number:
Contact Person:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lorie M. Heckman
EFFECTS OF SHERIFF'S SALE--You should realize that a Sheriffs' Sale would 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 that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
717-762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
717-243-3818
FAX 717-243-3948
CCCS of Western Pennsylvania, Inc.
912 South George Street
York, PA 17403
717-846-4176
Community Action Commission
of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717-232-9757
FAX 717-234-2227
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
717-541-1757
FAX 717-541-4670
American Red Cross-Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
717-637-3768
FAX 717-637-3294
Urban League of Metropolitan Hbg.
2107 N. 6' 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
PLEASE BE ADVISED THIS IS AN EFFORT TO COLLECT A DEBT. ANY AND ALL
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Attachment 1
U n i t e d S t a t e s D e p a r t m e n t of H o u s i n g a n d
U r b an D e v e l o p m e n t
S e r v i c e m e m b e r s C i v i l R e l i e f A c t N o t i c e
Legal Rights and Protections Under the SCRA
Servicemembers on "active duty" or "active service," or a dependent of such a servicemember
may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil
Relief Act (50 USC App. §§ 501-596) (SCRA)
Who May Be Entitled to Legal Protections Under the SCRA?
• Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and
active service National Guard;
• Active service members of the commissioned corps of the National Oceanic and
• Atmospheric Administration;
• Active service members of the commissioned corps of the Public Health Service:
• United States citizens serving with the armed forces of a nation with which the United
• States is allied in the prosecution of a war or military action; and
• Their spouses
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
• The SCRA states that, a debt incurred by a servicemember, or servicemember and spouse
jointly, prior to entering military service shall not bear interest at a rate above 6 percent
during the period of military service.
• The SCRA states that, in a legal action to enforce a debt against real estate that is filed
during, or within 90 days after the servicemember's military service, a court may stop the
proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or
seizure of real estate shall not be valid if it occurs during, or within 90 days after the
servicemember's military service unless the creditor has obtained a court order approving
the sale, foreclosure, or seizure of the real estate.
• The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Request Relief Under the SCRA?
• A servicemember or dependent, or both, may request relief under the SCRA by providing
the lender a written notice with a copy of the servicemember's military orders. (Note:
Lender should place its name, address and contact information here.)
How Does a Servicemember or Dependent Obtain Information About the SCRA?
• Servicemembers and dependents with questions about the SCRA should contact their
unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal
assistance office locator for each branch of the armed forces is available at:
http://legalassistance.law.afmil/content/locator.php.
• The U. S. Department of Defense's information resource is "Military One Source." The
toll-free telephone numbers for Military One Source are: From the United States: 1-800-
342-9647. From outside the United States (where available): 1-800-342-6477.
International collect: 484-530-5747.
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VERIFICATION
I, Lorie Heckman, Assistant Vice President, on behalf of Farmers and Merchants Trust
Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are true and correct to the best of my information, knowledge and
belief.
Aeckman, Assistant Vice President
1 -71 ?n
T,
?l In
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
NEIL ARTHUR W
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
NEIL ARTHUR W the
DEFENDANT
at 1950:00 HOURS, on the 14th day of May 2007
at 316 LIBERTY DRIVE
SHIPPENSBURG, PA 17257 by handing to
TRACY NEIL ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
19.20
00
10.00 R. Thomas Kline
.00
47.20 05/16/2007
JAMES SMITH DIETTERICK CONNELL
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A.D.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
CIVIL DIVISION
No.: 2007-02863
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
Defendant.
I Hereby certify that the last known address
of Defendant(s) is/are:
FILED ON BEHALF OF:
Farmers & Merchants Trust Company
of Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorney for Plaintiff
JAMES, SMITH, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS.
ARTHUR W. NEIL,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO:PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Arthur W. Neil, in the amount of $102,991.66 which is itemized as follows:
Principal $ 92,074.30
Interest through 6/18/2007 $ 4,971.26
Late Charges $ 267.22
Escrow Balance $ 1,928.88
Attorney's Fees $ 1,250.00
Court, Sheriff & Title Costs $ 2,500.00
TOTAL $ 102,991.66
plus interest on the principal sum ($92,074.30) from June 18, 2007, at the rate of $15.45 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale ofAhe mortgaged premises.
JAMES
By: -
Scott . tter k, Esquire
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
& CONNELLY LLP
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
A. PT?is , Esquire
Sworn to and subscribed before me
thi4jday of 12007.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MICHELLE ELLIOTT NOTARY PUBLIC
DERRY TOWNSHIP DAUPHIN COUNTY
MY COMMISSION EXPIRES JUNE 9 ,2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
vs.
ARTHUR W. NEIL,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Arthur W. Neil
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on, LA-3 V-- I a'O67
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $102,991.66
plus interest on the principal sum ($92,074.30) from June 18, 2007, at the rate of $15.45 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS.
ARTHUR W. NEIL,
Defendant.
IMPORTANT NOTICE
TO: Arthur W. Neil
316 Liberty Drive
Shippensburg, PA 17257
DATE OF NOTICE: June 4, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR 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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
vs. :
ARTHUR W. NEIL, :
Defendant.
AVISO IMPORTANTE
A. Arthur W. Neil
FECHA DEL AVISO: June 4, 2007
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
JAMES
Y LLP
DATE: BY: r` y
tt A. enck, Esquire
P I.D. #55650
Kimberly A. Bonner, Esquire
PA I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
NEIL ARTHUR W
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
T.T=TT TDTVTTD TJ the
DEFENDANT at 1950:00 HOURS, on the 14th day of May 2007
at 316 LIBERTY DRIVE
SHIPPENSBURG, PA 17257 by handing to
TRArv NFT_L ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00
19.20
00
10.00 R. Thomas Kline
.00
47.20 05/16/2007
JAMES SMITH DIETTERICK CONNELL
By:
day Deputy Sheriff
A. D.
AQ?
O r
rO -c
IN THE COURT OF CCd0N PIEA.S OF gmmu Am COUNTY, PDWYLVANIA
Farmers & Merchants Trust C= DIVISION
Company of Chambersburg : File No.2007-02863
(Plaintiff) : Amount Due $ 102,991.66
v . Interest from 6/18/2007
to $ 5,407.50
date of 6a le
Arthur W. Neil : At ty' s Comm
(Defendant(s) Costs
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.
PRAE7CIPE FOR EXEOMON
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
defendant(s)
See Exhibit "A" attached.
PRAECIPE FOR ATTACWIT EMUMCN
Issue writ of attachment to the Sheriff of Cumberland County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pen dens against
real estate of the defendant(s) described in the attached exhibit.
DATE: June 18, 2007 Signature:
Print Name: Scott A. Dietterick, Esquire
Address: James Smith Dietterick & Connelly LLP
P O Sox 650, Hershey PA 17033
Attorney for: _ Plaintiff
Telephone: (717) 533-3280
Supreme Court ID No.: 55650
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OF - 0"4%
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon
erected, lying and being situate in Southampton Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot
E-3 on the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees
39 minutes 0 seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots;
thence by said Lot E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21
minutes 0 seconds East 100 feet to a concrete monument at corner of Lot E-1 at said plan
of lots; thence by said Lot E-1, South 79 degrees 39 minutes 0 seconds West 150 feet to
an iron pin on the easterly side of Liberty Drive; thence by the easterly edge of Liberty
Drive, North 10 degrees 21 minutes 0 seconds West 100 feet to an iron pin, the place of
BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15,
2001, entitled "Land Subdivision for Rine Estates, Phase VP' and recorded in
Cumberland County, Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316
Liberty Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G.
Rine and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded
on July 30, 2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523,
granted and conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2863 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS & MERCHANTS TRUST COMPANY OF
CHAMBERSBURG, Plaintiff (s)
From ARTHUR W. NEIL
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $102,991.66
L.L. $.50
Interest FROM 6/18/07 TO DATE OF SALE - $5,407.50
Atty's Comm % Due Prothy $2.00
Atty Paid $166.20
Plaintiff Paid
Date: JUNE 20, 2007
(Seal)
REQUESTING PARTY:
Other Costs
C 's R. Lon ono
By:
Deputy
Name SCOTT A. DIETTERICK, ESQUIRE
Address: JAMES SMITH DIETTERICK & CONNELLY LLP
P O BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
TRUE COF
'^stims* n?A?°h r^ ° ^ v!?" s yet my h?
the w,! .air : q., . at a disK Pe
t - -ft
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers & Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 316 Liberty Drive, Shippensburg,
Cumberland County 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
ARTHUR W. NEIL 316 Liberty Drive
Shippensburg, PA 17257
2. Name and Address of Defendant(s) in the Judgment:
ARTHUR W. NEIL 316 Liberty Drive
Shippensburg, PA 17257
3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
4. Name and Address of the last record holder of every mortgage of record:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
PATRIOT FEDERAL CREDIT UNION P.O. Box 778
Chambersburg, PA 17201
1
5. Name and Address of every other person who has any record lien on the
property:
CUMBERLAND COUNTY 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:
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
UNKNOWN SPOUSE OF
ARTHUR W. NEIL
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
PA Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
316 Liberty Drive
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:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
JAMES
DATED: 1)el 01 BY:
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Y LLP
Attorneys for Plaintiff
5
7
1
. . ?4w,
4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST : CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS.
ARTHUR W. NEIL,
Defendant.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129,
Arthur W. Neil
316 Liberty Drive
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 5, 2007, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2007-02863
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Arthur W. Neil
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
I
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. 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 proper cause. This petition must be filed
before the Sheriffs 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. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMEIL
DATED: Iqla) BY:
T- T-
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
Y LLP
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon
erected, lying and being situate in Southampton Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot
E-3 on the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees
39 minutes 0 seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots;
thence by said Lot E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21
minutes 0 seconds East 100 feet to a concrete monument at comer of Lot E-1 at said plan
of lots; thence by said Lot E-1, South 79 degrees 39 minutes 0 seconds West 150 feet to
an iron pin on the easterly side of Liberty Drive; thence by the easterly edge of Liberty
Drive, North 10 degrees 21 minutes 0 seconds West 100 feet to an iron pin, the place of
BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15,
2001, entitled "Land Subdivision for Rine Estates, Phase VP" and recorded in
Cumberland County, Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316
Liberty Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G.
Rine and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded
on July 30, 2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523,
granted and conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST : CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS. ISSUE NO.:
ARTHUR W. NEIL, TYPE OF PLEADING:
Defendant. Pa.R.C.P. RULE 3129.2(C)
: AFFIDAVIT OF SERVICE OF
DEFENDANT/OWNER AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Farmers & Merchants Trust
Company of Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
Pa R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of
Chambersburg, Plaintiff, being duly sworn according to law depose and make the following
Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter
on Defendant/Owner and Other Parties of Interest as follows:
1. Defendant, Arthur W. Neil, is the record owner of the real property.
2. On or about June 20, 2007, Defendant, Arthur W. Neil, was served with Plaintiff s
Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, via Certified Mail - Return
Receipt Requested, at the address of the mortgaged premises, being 316 Liberty Drive,
Shippensburg, Pennsylvania 17257. A true and correct copy of said Notice and Certified Mail
Receipt are marked Exhibit "A", attached hereto and made a part hereof.
On or about July 16, 2007, Plaintiff's counsel served all other parties in interest
with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule
3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and
correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of
interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with
Pa. R.C.P. 3129.2.
0-7
Dated:
JAM
BY:
Scot
Pa. I
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
'ONNELLY LLP
Sworn to and subscribed before me this
day of , 2007.
Z"
Notary Public
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MICHELLE ELLIOTT NOTARY PUBLIC
DERRY TOWNSHIP DAUPHIN COUNTY
[MY COMMISSION EX E JUNE 9 ,2011
EXHIBIT "A"
1 SENDER: • THIS SECTION COMPLETE rH/S SECTION ON DELIVE RY
¦ Complete items 1, 2, and 3. Also complete A. Signature '
item 4 if Restricted Delivery Is desired.
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so that we can return the card to you.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Arthur W. Neil
316 Liberty Drive
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 5, 2007, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2007-02863
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Arthur W. Neil
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. 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 apetition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs 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. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAME'L
DATED: BY:
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Y LLP
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
Pa. I.D. #55650
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon
erected, lying and being situate in Southampton Township, Cumberland County,
Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot
E-3 on the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees
39 minutes 0 seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots;
thence by said Lot E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21
minutes 0 seconds East 100 feet to a concrete monument at corner of Lot E-1 at said plan
of lots; thence by said Lot E-1, South 79 degrees 39 minutes 0 seconds West 150 feet to
an iron pin on the easterly side of Liberty Drive; thence by the easterly edge of Liberty
Drive, North 10 degrees 21 minutes 0 seconds West 100 feet to an iron pin, the place of
BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15,
2001, entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in
Cumberland County, Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316
Liberty Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G.
Rine_ and Loretta. L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded
on July 30, 2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523,
granted and conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Eghhibit "A"
EXHIBIT "B"
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
Receim
FOR DOMESTIC AND INTFRNAT- .1 1- ranee ..^-
LAW OFFICE
JAMES, SMITH, DIETTERICK I
CONNELLY LLP
P.O. BOX 650
HERSHEY, PA 17033 F
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Patriot Federal Credit Union
P.O. Box 778
Chambersburg, PA 17201
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
Dated: July 16, 2007 By:
let
S A25655z,.
PA ID Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS.
ARTHUR W. NEIL,
Defendant.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK &
CONNE Y.LLP /-\
Dated: July 16, 2007 By:
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Department of Revenue
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, S TH, DIETT RICK &
CONNELL LLP
Dated: July 16, 2007 By:
Scott A/DieYeri&"?
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Damn G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
vs.
ARTHUR W. NEIL,
Defendant.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Commonwealth of PA
PA Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES,
Dated: July 16, 2007
By:
Sc' tt &Diel(grick-,79
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Unknown Spouse of Arthur W. Neil
316 Liberty Drive
Shippensburg, PA 17257
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriff s Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, S1y11NL DIE??RICK &
CONNEL?I Y /
Dated: July 16, 2007 By:
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2007 at 10:00 a.m., the following described real estate which Arthur W. Neil is
the owner or reputed owner and on which you may hold a lien or have an interest which could be
affected by the sale of
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
ARTHUR W. NEIL,
Defendant.
at EX. NO. 2007-02863 in the amount of $102,991.66, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriff s Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES fPMITH, DIETTERICK &
CONN9MM LLP
Dated: July 16, 2007 By:
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL the following described real estate, together with improvements thereon erected,
lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on the easterly side of Liberty Drive at corner of Lot E-3 on
the hereinafter referred to plan of lots; thence by said Lot E-3, North 79 degrees 39 minutes 0
seconds East 150 feet to an iron pin on line of Lot E-12 on said plan of lots; thence by said Lot
E-12 and by Lot E-13 through an iron pin on line, South 10 degrees 21 minutes 0 seconds East
100 feet to a concrete monument at corner of Lot E-1 at said plan of lots; thence by said Lot E-1,
South 79 degrees 39 minutes 0 seconds West 150 feet to an iron pin on the easterly side of
Liberty Drive; thence by the easterly edge of Liberty Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin, the place of BEGINNING.
BEING Lot E-2 on subdivision plan prepared by Carl D. Bert dated August 15, 2001,
entitled "Land Subdivision for Rine Estates, Phase VI" and recorded in Cumberland County,
Pennsylvania, Plan Book 84, page 64.
HAVING thereon erected a dwelling house being known and numbered as 316 Liberty
Drive, Shippensburg, PA 17257.
BEING the same premises which J. Gary Rine and Virginia B. Rine and Darrin G. Rine
and Loretta L. Rine, husband and wife, by Deed dated July 25, 2002 and recorded on July 30,
2002 in and for Cumberland County, in Deed Book Volume 252, Page 4523, granted and
conveyed unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060
Exhibit "A"
?.,' .?,J
_a
'
?. _._ ? ?'1
? ,
??
?"' `-
-i7
. ,.
? '`r'1
.. ! 5.......3 . J.;
Farmers & Merchants Trust Company
Of Chambersburg
VS
Arthur W. Neil
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-2863 Civil Term
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 18, 2007 at 1320 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Arthur W. Neil,
by making known unto Arthur Neil personally at 316 Liberty Drive, Shippensburg, Cumberland
County, Pennsylvania its contents and at the same time handing to him personally the said true and
correct copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1147 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Arthur W. Neil located at 316
Liberty Drive, Shippensburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Arthur W. Neil
by regular mail to his last known address of 316 Liberty Drive, Shippensburg, PA 17257. This
letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Scott Dietterick.
Sheriffs Costs:
Docketing 30.00
Poundage 16.58
Advertising 15.00
Posting Handbills 15.00
Levy 15.00
Mileage 36.48
Surcharge 20.00
Law Library .50
Prothonotary 2.00
Postpone Sale 20.00
Share of Bills 14.92
Law Journal 355.00
Patriot News 325.22
$865.70 ? 3?° ?/ o
ns rs:
R. Thomas Kline, Sheriff
BY
Real Estat ergeant
-o
.2.1
C*- 4 Y-3
D 2pT liq
WRIT OF EXECUTION And/or ATTACHMENT
Y
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-2863 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS & MERCHANTS TRUST COMPANY OF
CHAMBERSBURG, Plaintiff (s)
From ARTHUR W. NEIL
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $102,991.66
L.L. $.50
Interest FROM 6/18/07 TO DATE OF SALE - $5,407.50
Atty's Comm % Due Prothy $2.00
Atty Paid $166.20
Plaintiff Paid
Date: JUNE 20, 2007
(Seal)
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQUIRE
Other Costs
40
f '0
Curds R. Long, inota
By:
Deputy
Address: JAMES SMITH DIETTERICK & CONNELLY LLP
P O BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
CJ
Real Estate Sale # 52
On September 6, 2007 the Sheriff levied upon the
defendant's. interest in the real property situated in
Southampton Township, Cumberland County, PA
Known and numbered as 316 Liberty Drive,
Shippensburg, more fully described on Exhibit "A"
C;M
filed with this writ and by this reference ca
c_-:n
incorporated herein.
t
Date: September 6, 2007 By:
,J6
Real Estate Sergeant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
ARTHUR W. NEIL,
Defendant.
NO.: 2007-02863
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers & Merchants Trust Company of Chambersburg, Plaintiff in the above
action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 316 Liberty Drive, Shippensburg,
Cumberland County 17257:
1. Name and Address of Owner(s) or Reputed Owner(s):
ARTHUR W. NEIL 316 Liberty Drive
Shippensburg, PA 17257
2. Name and Address of Defendant(s) in the Judgment:
ARTHUR W. NEIL 316 Liberty Drive
Shippensburg, PA 17257
3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
4. Name and Address of the last record holder of every mortgage of record:
FARMERS & MERCHANTS TRUST Plaintiff
COMPANY OF CHAMBERSBURG
PATRIOT FEDERAL CREDIT UNION P.O. Box 778
Chambersburg, PA 17201
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2007-02863
VS.
ARTHUR W. NEIL,
Defendant.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Arthur W. Neil
316 Liberty Drive
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 5, 2007, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
316 Liberty Drive
Shippensburg, Pennsylvania 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2007-02863
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Arthur W. Neil
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. 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 proper cause. This petition must be filed
before the Sheriffs 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. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from e Court, Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMEM
DATED: G Q BY:
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Y LLP
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
Pa. I.D. #55650
Attorneys for Plaintiff
The Patriot-Nevus Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
Z4(PatrI*0tANX1(W5
NOW you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/24/07
10/31/07
11/07/07
Sworn Sos4ubscrib d efore me this 30 day of November, 2007 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
James L Clark, Notary Pubic
Oily Of Haisbtsg. OaupNn County
My Commission E)ires June 2, 2008
Member, Pennsylvania Association of Notaries
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 26, November 2 and November 9, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa arie Coyne, Edito
SWORN TO AND SUBSCRIBED before me this
9 day of November, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary PUblic
CARLISLE BORO, CUMBERLAND COUNTY
MY ComMI331on EXPUea Apr 28, 2010
REAL ESTATE SALE NO. 52
Writ No. 2007-2863 Civil
Farmers & Merchants Trust
Company of Chambersburg
VS.
Arthur W. Neil
Attv.: Scott Dietterick
DESCRIPTION
ALL the following described real
estate, together with improvements
thereon erected, lying and being situ-
ate in Southampton Township, Cum-
berland County, Pennsylvania, more
particularly described as follows:
BEGINNING at an iron pin on
the easterly side of Liberty Drive at
corner of Lot E-3 on the hereinafter
referred to plan of lots; thence by said
Lot E-3, North 79 degrees 39 minutes
0 seconds East 150 feet to an iron
pin on line of Lot E-12 on said plan
of lots; thence by said Lot E-12 and
by Lot E-13 through an iron pin on
line, South 10 degrees 21 minutes 0
seconds East 100 feet to a concrete
monument at corner of Lot E-1 at
said plan of lots; thence by said Lot
E-1, South 79 degrees 39 minutes 0
seconds West 150 feet to an iron pin
on the easterly side of Liberty Drive;
thence by the easterly edge of Liberty
Drive, North 10 degrees 21 minutes 0
seconds West 100 feet to an iron pin,
the place of BEGINNING.
BEING Lot E-2 on subdivision
plan prepared by Carl D. Bert dated
August 15, 2001, entitled "Land
Subdivision for Rine Estates, Phase
VI" and recorded in Cumberland
County, Pennsylvania, Plan Book
84, page 64.
HAVING thereon erected a dwell-
ing house being known and num-
bered as 316 Liberty Drive, Ship-
pensburg, PA 17257.
BEING the same premises which
J. Gary Rine and Virginia B. Rine
and Darrin G. Rine and Loretta L.
Rine, husband and wife, by Deed
dated July 25, 2002 and recorded on
July 30, 2002 in and for Cumberland
County, in Deed Book Volume 252,
Page 4523, granted and conveyed
unto Arthur W. Neil.
Tax Map No.: 39-14-0169-060.