HomeMy WebLinkAbout03-5038TANYA M. SMITH,
JOEL D. RAMP,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02. ~ ~c~ ~'~2003
CIVIL ACTION - EQUITY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
TANYA M. SMITH,
JOEL D. RAMP,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.o.~-6-t>3,g' CWIL 2003
CIVIL ACTION - EQUITY
COMPLAINT IN PARTITION
AND NOW comes the Plaintiff, Tanya M. Smith, by and through her attorneys,
O'BRIEN, BARIC & SCHERER and avers as follows:
1) Plaintiffis Tanya M. Smith, an adult individual residing at 22 Bentley Place,
Carlisle, Cumberland County, Pennsylvania.
2) Defendant is Joel D. Ramp, an adult individual residing at 7800 Wertzville Road,
Carlisle, Cumberland County, Pennsylvania.
3) On December 5, 2002, Plaintiffand Defendant pumhased real property located at
303 West First Street, Boiling Springs, Pennsylvania (hereinafter "303 West First Street
property"). A copy of the Deed is attached hereto, marked as Exhibit "A", and incorporated by
reference. The reai property is improved with a single family two-story type residential dwelling.
4) On December 5, 2002, Plaintiff and Defendant entered into a mortgage with
Orrstown Bank, whereby the property as described herein above was used as security for same.
A copy of the Mortgage is attached hereto, marked as Exhibit "B", and incorporated by reference.
5) The 303 West First Street property is described as follows:
ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs,
Township of South Middleton, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows:
BEGINNiNG at an iron pipe on the North side of First Street or York Road;
thence along lands now or formerly of B.F. Hughes, North 12 degrees 15 minutes
West, a distance of 82 feet to an iron pipe; thence by same, South 74 degrees 30
minutes West, a distance of 30 feet to an iron pipe; thence by same North 12
degrees 15 minutes West, a distance of 82 feet to a post on the South side of a
public alley; thence by South side of the above public alley, North 76 degrees 30
minutes East, a distance of 100 feet to a post; thence along lands now or formerly
of Samuel Moyer, South 12 degrees 15 minutes East, a distance of 164 feet to a
pipe on the North side of said First Street or York Road; thence along the North
side of the above street or public road, South 74 degrees 30 minutes West, a
distance of 70 feet to an iron pipe, the place of BEGINNING.
CONTAINiNG 0.32 acres, more or less.
HAVING thereon erected a two story dwelling house known as 303 First Street.
This description is according to a sm'vey by T. Elliot Middleton, Registered
Surveyor, dated June 8, 1954.
6) The nature and extent of the interest held by each party are as follows:
A. Tanya M. Smith - tenant in common; and,
B. Joel D. Ramp - tenant in common.
7) On August 5, 2002, Plaintiff and Defendant purchased real property located at
3800 and 3810 Spring Road, Shermansdale, Cumberland County, Pennsylvania (hereinafter
"3800/3810 Spring Road property"). A copy of the Deed is attached hereto, marked as Exhibit
"C" and incorporated by reference.
8) On August 5, 2002, Plaintiff and Defendant entered into a mortgage with ERA
Mortgage, whereby the property as described herein above was used as security for same. A
copy of the Mortgage is attached hereto, marked as Exhibit "D", and incorporated by reference.
9) The 3800/3810 Spring Road property is described as follows:
ALL that certain property with the improvements thereon erected located in the
Township of Middlesex, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pin on the southern side of PA Rome 34 on the line of Lot
No. 1 as showl on the hereinafter mentioned plan of lots; thence along the latter,
North 08 degrees 34 minutes 00 seconds West, a distance of 685.87 feet to an iron
pin; thence along the same, North 83 degrees 20 minutes 44 seconds East, a
distance of 300.17 feet to an iron pin on the line of land now or formerly of Barry
L. Peters; thence along the latter, South 08 degrees 34 minutes 00 seconds East, a
distance of 537.69 feet to a nail in PA Route 34; thence along said public road,
South 56 degrees 42 minutes 18 seconds West, a distance of 330.29 feet to an iron
pin, the place of BEGINNING.
CONTAINING 4.2134 acres according to a subdivision pin for Harold S. Irwin,
III, by Carl D. Bert, R.S., dated November 13, 1978 and recorded in the Office of
the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 34,
Page 67, and being designated as Lot No. 1 thereon.
Together with the free and unimerrupted right of ingress, egress and regress over a
certain private lane as the same now appears on the ground insofar as it crosses
the southern portion of Lot No. 2 along PA Rome 34.
RESERVING, HOWEVER, unto the grantors, their heirs and assigns, the free and
uninterrupted right of ingress, egress and regress over the said private lane as the
same now appears on the ground insofar as it is across the lot herein conveyed and
as it may hereafter be extended to service Lot No. 2 on the aforesaid plan in
accordance with the agreement between the parties hereto dated December 8,
1978.
10) Plaintiff moved out of 3800/3810 Spring Road in March, 2002. Neither party
resides at the property. Neither party has resided in the 303 West First Street property.
WHEREFORE, Plaintiff asks this Honorable Court order partition of the property, with
further adjudication under Pa.R.C.P. § 1551 et. seq.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER/7
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/litigation/smith/par tition/¢omplaint.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint in Partition are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to
authorities.
Parcel No.
THIS INDENTURE
THIS INDENTURE, made the ~//4 day of December 2002.
BETWEEN
BERNARD F. HUGHES, Executor of the Estate of MARIE L. HOFFMAN, late of
Boiling Springs, Cumberland County, Pennsylvania,
Grantor
JOEL D. RAMP, single man, of Carlisle, Cumberland County, Pennsylvania and TANYA
M. SMITH, single woman, of Shermansdale, Perry County, Pennsylvania,
Grantees
WHEREAS, MARIE L. HOFFMAN died on March 30, 2002 testate seized of certain land
with improvements thereon situate in South 'Middleton Township, Cumberland County
Pennsylvania; and
WHEREAS, the Last Will and Testament of the said MARIE L. HOFFMAN dated
September 2, 1994 and Codicil to her Last Will and Testament dated December 17, 1998 were duly
probated in the Office of the Reg/ster of Wills in and for Cumberland County, Pennsylvania, on
April 29, 2002 to No. 21-02-427 and Letters Testamentary were granted to Bernard F. Hughes, the
above named Executor; and
WHEREAS, the said Executor has entered into an agreement to sell said real estate to Joel
D. Ramp and Tanya M. Smith.
NOW THIS INDENTLrRE WlTNESSETH that the said Bernard F. Hughes, Executor of
the Estate Made L. Hoffrnan, deceased, for and in consideration of the sum of NINETY-SEVEN
THOUSAND AND 00/100 .... ($97,000.00) DOLLARS, in lawful money of the United States, to
him in hand paid by the said Grantees at and before the sealing and delivery hereof, the receipt
whereof is hereby acknowledged has granted, bargained, sold, aliened, released and confirmed and
EXHIBIT "A"
by these presents does grant, bargain, sell, alien, release and confirm unto the said Grantees, their
heirs and assigns:
ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs, Township of
South Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at an iron pipe on the North side of First Street or York Road; thence along
lands of B.F. Hughes, north 12 degrees 15 minutes west, a distance of 82 feet to an iron pipe;
thence by same, south 74 degrees 30 minutes west, a distance of 30 feet to an iron pipe; thence by
same north 12 degrees 15 minutes west, a distance of 82 feet to a post on the south side of a public
alley; thence by south side of the above public alley, north 76 degrees 30 minutes east, a distance of
100 feet to a post; thence along lands now or formerly of Samuel Moyer, south 12 degrees 15
minutes east, a distance of 164 feet to a pipe on the north side of said First Street or York Road;
thence along the north side of the above street or public road, south 74 degrees 30 minutes west, a
distance of 70 feet to an iron pipe, the place of BEGINNING. Containing 0.32 acres, more or less.
HAV1NG thereon erected a two story dwelling house known as 303 First Street.
This description is according to a survey by T. Elliott Middleton, Registered Surveyor,
dated June 8, 1954.
BEING the same premises which Harry E. Hoffman and Made L. Hoffman, his wife, by
deed dated June 26, 1954 and recorded June 26, 1954 in the Office of the Recorder of Deeds, in and
for Cumberland County, Pennsylvania in Deed Book 15 V, Page 347, granted and conveyed unto
Harry E. Hoffman and Marie L. Hoffman, his wife. The said Harry E. Hoffinan died on August 4,
1994 and, by operation of law, title to said premises vested solely in Made L. Hoffinan, his wife,
Grantor herein.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released, or
mentioned and intended so to be, with the appurtenances, unto the said Grantees and their heirs and
assigns, to and for the only proper use and be hoof of the said Grantees, their heirs and assigns,
forever.
AND the said Bernard F. Hughes, Executor of the Estate of Marie L. Hoffman, deceased
does covenant, promise, and agree, to and with the said Grantees, their heirs and assigns, by these
presents, that he, the said Bernard F. Hughes, Executor of the Estate of Made L. Hoffrnan,
deceased, has not done, committed or knowingly or willingly suffered to be done or committed, any
act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are,
shall or may be impeached, charged or encumbered in title, charge, estate or otherwise howsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year
first above written.
Sealed and Delivered
in the presence of us:
Bemard F. Hughes, Execut~
of the Estate of Marie L. Hoffinan, deceased
COMMONWEALTH OF PENNSYLVANIA:
:
COUNTY OF CUMBERLAND :
On this, the ~7gg'~ day of December, '2002, before me
undersigned officer, personally appeared BERNARD F. HUGHES, Executor of the Estate of
MARIE L. HOFFMAN, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed same for the purposes
therein contained.
IN WrrNESS WHEREOF, I hereunto set my hand and official seal.
ARJORIEA. DoLUCA, Not,q/Pub'.'~c [ '
My Commission Expires Nov. 1, 2003' ~ ~ '
I do hereby ce~i~ ~at ~e precise residence ~d complete post office ad.ess of the wi~in
Date:
A~omey for ~tees
R'ECORI~ATION REQUESTED BY:
ORRSTOWN BANK
SILVER SPRING OFFICE
3 BADEN POWELL LANE STE. 1
MECHANICSaURG, PA 17050
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. BOX 25O
SHIPPENSBURG, PA 17257
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated December 5, 2002, is made and executed between TANYA M SMITH and JOEL D RAMP,
whose address Is 3800 SPRING ROAD, SHERMANSDALE, PA 17090 (referred to below as "Grantor") and
ORRSTOWN BANK, whose address is 3 BADEN POWELL LANE STE. 1, MECHANICSBURG, PA 17050 (referred
to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releeses, confirms and mortgages
to Lender ati of Grentor's right, title, and interest in and to the following described reel property, together with all existing or subseqcentiy erected or
affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privilages,
tenements, heredifaments, and appurtenances thereunto belonging or anywise made appurtenant hereeffer, and the reversions and remainders with
respect thereto; al water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights) and all other rights,
"R, I
rcyates and profits reatng to the reel proper'b/, includingwtihout limitation all minerals oil gas geothermal and similar matters, (the ea
Property") located n CUMBERLANDCounty, Commonwealth of Pennsylvania:
SEE A'I-I'ACHED
The Real Property or its address ia commonly known aa 303 W FIRST STREET, BOILING SPRINGS, PA 17007.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leeses of the Property and afl Rents from the
Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OI)LIGATIONS UNDER THE NOTE IN
THE ORIGINAL PRINCIPAL AMOUNT OF $110,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOU-OWING TERMS:
PAYMENT AND PERFORMANCE. Except as othenvise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due and shall strictly perform ell of Grentor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grentor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manege the Property; and (3) collect the Rents from the Property.
Duty to Msintaln. Grantor shall maintain the Property in good condition and promptly peflorm all repairs, replacements, and maintenance
necessary to preserve its value.
Compllanco With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threetaned releese of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe thet there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threetaned litigation or claims of any kind by any person relating
to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wdting, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Properly shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Properly; and (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem spprepriata to determine compliance of the
Prederb/ with this section of the Modgege. Any Inspections or tests made by Lender shall be for Lander's purposes only and shell not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grentor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, {esses, liabilities, damages, penalties, and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mod]age or as a consequence of any use,
generation, manufacture, storage, dispessi, release or threefened release occurring prior to Grantors ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to
indemnity, shell survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be
affected by Lender's acquisition of any interest in the Property, whether by foreclosure or ofhenvise.
Nuleence, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, o~ grant to any other party the
right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or reck products without Lander's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Reel Property without Lender's pdor written
consent. As a condition to the removel of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and represenfatives may enter upon the Reel Property at all reasonable times to attend to
Lender's interests and to inspect the Reel Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Comp#anco with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, end regulations, now or herestter in
effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long es Grantor has notified Lender In
Writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Properly are not jeopardized. Lender may require
Grantor to pest adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set
forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Paymenl. Grantor shall pay when due (and tn all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account of the Property, and shslt pay when due ell claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of any liana having priority over or equal to the Interest of
Lender under this Modgege, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not
due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation t(~
EXHIBIT "B'
Loan Noi 540030444
MORTGAGE
(Continue,d) F~age 2 ,
pay, so long as Lender's interest in the Properly is not jeopardized. If a lien arises or is tiled as a result of nonpayment, Grantor shell within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs end attorneys' fees, or other charges that could accrue as a result of · foreclosure or sale under the lien. In
any contest, Grantor shell defend itself and Lender and shell satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender es an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriafa governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Properly.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
mafadals are supplied to the Property, if any mechanic's lien, matehelmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insudog the Property are a pad of this Modgege:
Maintenance of Insurance. Grantor shall procure end maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance cfausa, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such
form as may be reasonably eccapfable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing
any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that
coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Reel
Property be located in an area designated by the Director of the Federat Emergency Management Agency as a special flood hazard area, Grantor
agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a
special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property secudng the loan, up to the
maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for
the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Properly. Lender may make proof of loss if Grantor
tails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds
which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Modgege, then to pay accrued interest, end the remainder, if any, shall be
applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the indebtedness, such proceeds shall
be paid to Grantor as Grantors interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B)
to provide any required insurance on the Property, or (C) to make repairs to the property then Lender may do so. If any action or proceeding is
commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action
that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest
at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part
of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among
and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term
of the Note; or (C) be treated as a balloon payment which will be due end payable at the Nora's matudfy. The Mortgage also will secure payment of
these amounts. The dghts provided for in this paragraph shall be in addition to any other dghts or any remedies to which Lender may be entitled on
account of any default. Any such action by Lender shall not be construed as cudng the default so as to bar Lender from any remedy that it otherwise
would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclceura judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pad of this Mortgage:
Title. Grantor warrants that: (e) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set fodh in the Real Property description or in any rifle insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Mortgege, and (b) Grantor has the full right, power, end authority to execute and deliver
this Mortgage to Lender.
Defonee of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful cralms of all persons. In the event any action or proceeding is commenced that questions Grantors rifle or the interest of Lender under this
Modgege, Grantor shell defend the action at Granfor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Corepllance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Promleee. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of
this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantors Indebfadness is paid in full
CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Modgege:
Proceedings. if any proceeding in condemnation is tiled, Grantor shall promptly notify Lender in writing, and Grantor shall promptly fake such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will delivar or cause to
be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such bedicipation.
Application of Net Proceeds. If all or any pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of ell actual costs, expenses, and
efforneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmenfal taxes, fees
and cha~gas are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and fake
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for ali
taxes, as described below, together with all expenses incurred in recording, pedecting er continuing this Mortgage, including without limifation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specitic tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on
the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;
and (4) a specific tax on ail or any podion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Modgage, this event shall have the same
effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default es provided below unless Grantor
either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes end Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other sacuflfy satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions raletiog to this Mortgage es a security agreement ara a pad of this
Mortgage:
Security Agreement. This instrument shell constitute · Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall
have all of the dghts of a secured party under the Uniform Commercial Code as amended from time to time.
MORTGAGE
Lean NOD 540030444 (Con, tinue ,d) Page 3
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Pemonal Property. in addition to recording this Mortgage in the real property records, Lender
may, at any time and without fudher authorization from Grantor, fill executed counterpads, copies or reproductions of this Modgege as a financing
statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall
not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Pemonal Property not affixed to
the Property in a manner and at a piece reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after
receipt of written demand from Lender to the extent permitted by opplicabll law.
Addressee. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are
a pad of this Mortgage:
Furlher Assurances. At any time, and from tinm to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such modgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (1) Grantor's obligations under the Note, this Modgage, and the Related Documents, and (2) the liens and security interests created
by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender
agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in
this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and
do alt other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. if Grantor pays all the Indebtedness when due, and otherwise performs ail the obligations imposed upon Grantor under this
Mortgage, Lender shelf execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on fill evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor wilt be in default under this Mortgage if any of the folrowing happen:
Payment Default. Grantor tails to make any payment when due under the ~ndebtadness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for texos or [nsurence, or any
other payment necessary to prevent filing of or to effect discharge of any llln.
Bre~( Other Promleee. Grantor breaks any premise made to Lender or fails to perform promptly at the time and stdctly in the manner provided in
this Modgege or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantors behalf under this Mortgage or the
Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Cottatarallsetlon. This Modgege or any of the Related Documents ceases to be in full force and effect (including failure of any celialersl
document to create a valid and perfected secudty interest or illn) at any time and for any reason.
Death or Insolvency. The death of Grantor, the inselvency of Grantor, the appointment of a receiver for any part of Grentor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grsntor's property in which Lender
has a lien. This includes taking of, garnishing of or levying on Grentor's accounts with Lender. However, if Grantor disputes in good faith whether
the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender wdffen notice of the claim and furnishes
· Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, curs
any Event of Default.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends wdffen notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and complltes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other dghts or remedies provided by law:
Accelerate Indebte(Ineas. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire
Indebtedness immed[ataly due and payable.
UCC Reme(llee. With respect to all or any part of the Personal Property, Lender shall have ail the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this dght, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor irrevocabiy authorizes Lender to endorse instruments recaivod in payment thereof in the name of Grantor and to negotiate the same
and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall satisfy the obligations for which the
payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparegrsph either in
person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Properly, to operate the Property preceding foreclosure or sale, and to cailect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the indebtedness by a
substantial amount. Employment by Lender shell not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grsntor's interest in all or any part of the Property.
Nonjudicial Sale. If permiffed by applicable law, Lender may foreclose Grsnfor's interest in ail or in any part of the Personal Property or the Real
Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a Judgment for any deficiency remaining in the indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Properly after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
immediately upon the demand of Lender.
MORTGAGE
Loan No~ 540030444 (Co,ntinued). Rage 4
Other Remedies. Lender shall have all olher rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of tl~e Property. To the extent permiffecl by applicable law, Grantor hereby waives any and all right to ha'~.~ the Properly mamhailed. In
exerctsing Its rights and remedies, Lender shall be flea to sell ell or any pad of the Property together or separately, in one sale or by separate
sales, Lender shall be entitled to bid at any public sale on all or any portion of the Properly.
Notice of Sale, Lender witl give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any pdvate sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable nofica shall mean notice given at least ten (10) days before the time of the sele or disposition. Any sale of the Personal Property may
be made in conjunction with any sale of the Real Property.
Election of Reme~ties. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to
choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grentor's
obligations under this Modgage, after Grentor's failure to do so, that decision by Lender will not effect Lender's right to declare Grantor in default
and to exercise Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial end upon any appeal. Whether or not any court action is involved, and
to the extent not prohibited by law, al~ reasonable expenses Lender incurs that in Lender's opinion are secessery at any time for the protection of
its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate
from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's affornays' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title repods (including foreclosure reports), surveyors' reports, and appraisal fees and
title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be
effective when actually delivered, when actually received by telefacslmiis (unless otherwise required by law), when deposited with a nationally
recognized overnight courter, or, if mailed, when deposited in the United States mail, as first class, cedified or registered mail postage prepaid, directed
to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices
under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
address. For notice purposes, Grantor agrees to keep Lender informed at ali times of Granter's current address. Unless otherwise provided by
applicable law, if there ks more than one Grantor, any notice given by Lender to any Grantor ks deemed to be notice given to all Grantors. It will be
Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscatlaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Dosuments is Grentor's entire agreement with Lender concerning the matters
covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be Jn writing and must be signed by whoever will be
bound or obligated by the chengs or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only end are not to be used to interpret or define the
provisions of this Mortgage.
Joint and Several Llal~lltty. AJI obligations of Grantor under this Mortgage shell be joint and several, end all references to Grantor shall mean
each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Modgage.
No Waiver by lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage untsss Lender does so in writing.
The fact that Lender delays or omits to exercise any dght will not mean that Lender has given up that right. If Lender does egrea in wdting to give
up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also
understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation
happens again. Grantor further understands that just because Lender consents to one or more of Grentor's requests, that does not mean Lender
will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor.
Severst)lltty. if a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest
of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this
Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Modgags with any other interest or estate in the Property at any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grentor's heirs, personal representatives, successors,
and assigns, and shall be enforceable by Lender and its successors and assigns.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word ~l~orrewer" means TANYA M SMITH and JOEL D RAMP, and all other persons and entities signing the Note.
Environmental Laws. The words "Environmental Laws" mean any and all state, tederel and Iccal statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federel laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set fodh in this Modgoge in the events of detsult section of this
Mortgage.
Grantor. The word "Grantor' means TANYA M SMITH and JOEL D RAMP..
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
broadest sense and include without limitation any and all hazardous or toxic substsnses, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction
thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real
Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related
Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts expended or advanced by Lender to discharge Grantors obligations or expenses incurred by Lender to enforce Grentor's
obligations under this Mortgage, together with interest on such amounts as provided in this Mortgoge.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
Mortgsgs. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated December 5, 2002, ill the original principal amount of $110,000.00 from
Grantor to Lender, together with all renewals of, extensions of, modifications of, retinancings of, consolidations of, and substitutions for the
promissory note or agreement. The maturity date of this Mortgage ts December 5, 2003.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Properly; together with all accessions, parts, and additions to, all replacements of,
and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
Lean No: 540030444
MORTGAGE
(Con, tinue ,d) Page 5
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real properly, interests and fights, as further described in this Modgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, lean agreements, environmental
agreements, guaranties, security agreements, modgages, deeds of trust, security deeds, collateral mortgages, end all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word 'Fients" means all present and future rents, revenues, income, issues, royeltiss, profits, and other benefits derived from the
Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS·
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
, dlvldually JOE]..,'O RAMP, Individually /
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as fo~lo, ws: //
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) ss
COUNTY OP d_JJ mbc r l o.
, the undemigned No~ Public, pemo~lly app~md TA~YA M SMITH ~d ~ D RAMP, known to me (or
~tisfa~oHly proven) to be the pemon wh~ nam~ ere sub~Hbed to the within Instru~nt, and acknowledged that they ex~uted the same for the
pu~oses therein contained,
In wltse~ whereof, I hereunto ~t ~ ~d and official ~al.
Notary Public in end for the State of
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs, Township of South
Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at an iron pipe on the North side of First Street or York Road; thence along lands now or
formerly of B.F. Hughes, North 12 degrees 15 minutes West, a distance of 82 feet to an iron pipe;
thence by same, South 74 degrees 30 minutes West, a distance of 30 feet to an iron pipe; thence by
same North 12 degrees 15 minutes West, a distance of 82 feet to a post on the South side of a
public alley; thence by South side of the above public alley, North 76 degrees 30 minutes East, a
distance of 100 feet to a post; thence along lands now or formerly of Samuel Moyer, South 12
degrees 15 minutes East, a distance of 164 feet to a pipe on the North side of said First Street or
York Road; thence along the North side of the above street or public road, South 74 degrees 30
minutes West, a distance of 70 feet to an iron pipe, the place of BEGINNING.
CONTAINING 0.32 acres, more or less.
HAVING thereon erected a two story dwelling house known as 303 First Street.
This description is according to a survey by T. Elliot Middleton, Registered Surveyor, dated June 8,
1954.
BEING the same premises which Bernard F. Hughes, Executor of the Estate of Marie L. Hoffman,
late of Cumberland County, Pennsylvania, by Deed dated and recorded even date herewith, granted
and conveyed unto Joel D. Ramp and Tanya M. Smith, Mortgagors herein.
PARCELNO,
DEED
MADE THE 5th day of August in the year of our Lord Two Thousand Two (2002).
BETWEEN JOHN G. HORNOCK, single man, of Cumberland County, Pennsylvania,
hereinafter referred to as:
Grantor,
and JOEL D. RAMP, single man and TANYA M. SMITH, single woman, both of
Cumberland County, Pennsylvania, hereinafter referred to as joint tenants with right of
survivorship:
Grantees,
WITNESSETH, that in consideration of One Hundred Forty-Two Thousand Five
Hundred and 00/100 Dollars ($142,500.00) in hand paid, the receipt whereof is hereby
acknowledged, the said Grantor does hereby grant and convey to the said Grantees,
their heirs and assigns as joint tenants with right of survivorship:
ALL that certain property with the improvements thereon erected located in the
Township of Middlesex, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
BEGINNING at an iron pin on the southern side of PA Route 34 on the line of Lot No. 1
as shown on the hereinafter mentioned plan of lots; thence along the latter, North 08
degrees 34 minutes 00 seconds West, a distance of 685.87 feet to an iron pin; thence
along the same, North 83 degrees 20 minutes 44 seconds East, a distance of 300.17
feet to an iron pin on the line of land now or formerly of Barry L. Peters; thence along
the latter, South 08 degrees 34 minutes 00 seconds East, a distance of 537.69 feet to a
nail in PA Route 34; thence along said public road, South 56 degrees 42 minutes 18
seconds West, a distance of 330.29 feet to an iron pin, the place of BEGINNING.
CONTAINING 4.2134 acres according to a subdivision pin for Harold S. Irwin, III, by
Carl D. Bert, R.S., dated November 13, 1978 and recorded in the Office of the Recorder
of Deeds for Cumberland County, Pennsylvania in Plan Book 34, Page 67, and being
designated as Lot No. I thereon.
Together with the free and uninterrupted right of ingress, egress and regress over a
certain private lane as the same now appears on the ground insofar as it crosses the
southern portion of Lot No. 2 along PA Route 34.
EXHIBIT "C"
RESERVING, HOWEVER, unto the grantors, their heirs and assigns, the free and
uninterrupted right of ingress, egress and regress over the said private lane as the
same now appears on the ground insofar as it is across the lot herein conveyed and as
it may hereafter be extended to service Lot No. 2 on the aforesaid plan in accordance
with the agreement between the parties hereto dated December 8, 1978.
BEING the same premises which Harold S. Irwin, III and Gay L. Irwin, by Deed dated
December 8, 1978 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book E, Vol. 28, Page 755, granted and
conveyed unto John G. Hornock, Grantor herein.
AND the said Grantor hereby covenants and agrees that he will warrant specially the
property hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and
year first above written.
i ~J;~NED, SEAL. Ep AND~IVERED
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
): SS.
)
day of '~f~ ~.~..ct~- ,2002, before me, the
On
this,
the
undersigned officer, personally appeared John G. Hornock known to me (or
satisfactorily proven) to be the person whose name is 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.
(seal)
CERTIFICATE OF RESIDENCE
I hereby certify that the precise residence and complete post office
address of the within Grantees is
,2002.
Attorney for Grantees
O'BRIEN, BARIC & SCHERER
17 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
Prepared By:
Jason Horafus. ERA Mortgage
3000 Leadenhall Road Mount Laurel.
NJ 08054
Parcel Number:
RemmTo:
ERA Mortgage
2001 Bishops Gate Blvd. Mount
Laurel, NJ 08054
Loan #: 0019601293
[S~ceAbovel~isL~eForR~ordingDa~]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are del'reed in
Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is datedAugust 5th, 2002
together with all Riders to this document,
(B) "Borrower" is 3oel D Ramp, AN UNHARRIED PERSON, Tanya M Smith, AN
UNHARRIED PERSON
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is ERA Mortgage
l-~nder is a Corporation
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
(~)®-6(PA) 10008~ n~~
Page 1 of 16 Ini~lars:
VMP MORTGAGE FORMS - 1800)521-7291
EXHIBIT "D"
Form 3039 1101.
Original
organized and existing under the laws of New Jersey
Lender's address is 3000 Leadenhall Road Mount Laurel. NJ 08054
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated^u§ust 5th, 2002
The Note states that Borrower owes Lender One Hundred Thi rty-Three Thousand Dol 1 ars
and Zero Cents Dollars
(U.S. $133,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than September 1st. 2032
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property.'
(F) "Loan" 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 r-~ 1-4 Family Rider
[] VA Rider [~ Biweekly Payment Rider [-'] Other(s) [specify]
(H) "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.
(I) "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.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through un 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.
(Il) "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.
(1VO "Mortgage lusurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, pins (ii) any amounts under Section 3 of this Security Instrument.
(~)~-6(PA) Io0os) Page 2 of 16 ~'/~' Form 3039 1/01
Original
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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.
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 prolxlrty located in the COUNTY [Type of Recording Jurisdiction]
of [:~1~1~[~[ CUMBERLAND /'}/~-" IQ~f [Name of Recording Jurisdiction]:
"F
which currently has the address of ~ SPRING ROAD~._ r~
3800 &381 0
SHERMANSDALE [city], Pennsylvania 17090
("Property Address"):
[Street]
[Zip Codel
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."
~)~-6{PA) 100osl Page 3 of 15 Form 3039 1/01
Original
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.
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'
~)~-6{PA) Iooo81 ~'~g 4 of ~8 ~,~/~ _ ~. Form 3039 1/01
Original
paid in full. To the extent that any excess exists afier 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, umil 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 paymems 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 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 currem 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
(~-6(PA) ¢ooos~ Page 5 of 16 Form 3039 1101
Original
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 paymems. If there is a deficienny 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 paymems.
Upon payment in full of all sums secured by this Security Instmmem, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessmems, 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 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, leg~l 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 a lien
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 maimained 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 um'easonably. 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.
(~-6(PA) {ooos) Page 6 ot iS Form 3039 1/01
Original
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 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 panics, 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 Instrumem, 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.
Initials: /~.~..~
(~-6(PA} {ooos).ot Paoe ? of ~6 /- ' Form 3039 3/01
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 tlie 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
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 a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (e) 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.
~)~6(PA) Io00~}.01 ;'~e S o~ ~ Form 3039 1101
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 imerest, 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.
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.
(~-6(PA) 10008) Page 9 of 16
Form 3039 1/01
(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 fight 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 t.his 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 sams 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.
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 ia 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 fight 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 b6
(~-6(PA) iooos} ~'age lo of 16 - Form 3039 1101
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's imerest 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 ce-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.
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
~)~-6(PA) {ooos) t=age 11 of 16
Form 3039 1/01
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 specified 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 first 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; Severobility; Rules of .Construetlon. 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 b~ censtrued 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.
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
wrinen 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'
~)~-6(PA) {ooo8) Page 12 of 15
Form 3039 1/01
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 afler the giving of such notice to take corrective action. If
Applicable Law provides a 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.
~)e-6(PA ) 10oos} Page 13 of 16
Initial$:~ Form 3039 1/01
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 ns 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.
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 title 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.
~)~'6(PA) 1000S) Page ~4 of 18 Form 3039 1/01
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
(Seal)
(Seal) (Seal)
(Seal) (Seal)
-Borrower .Borrower
(Seal) (Seal)
O~-6(PA) Iooo8) Page 15 of iS Form 3039 1/01
Certificate of Residence
I, ~03[KO~KX}~Ie~WaI{ DAVID A. BARIC
the correct address of the within-named Mortgagee is 3000 Leadenhall
NJ 08054
Witness my hand this 05th
, do hereby certify that
Road Mount Laurel.
day of August, 2002
Agent of Mortgagee
COMMON3VEALTH OF PENNSYLVANIA, ~ CUMBERLAND
On this, the 05th day of August~ 2002
undersigned officer, personally appeared , Joel D Ramp. Tanya M Smith
County ss:
, before me, the
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
(~-6(PA)
Title of Officer
/7
Initia[~/ Form 3039 1101
LEGAL DESCRIPTION
ALL that certain property with the improvements thereon erected located in the Township of
Middlesex, County of Cumberland and State of Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the southern side of PA Route 34 on the line of Lot No. 1 as shown on
the hereinafter mentioned plan of lots; thence along the latter, North 08 degrees 34 minutes 00
seconds West, a distance of 685.87 feet to an iron pin; thence along the same, North 83 degrees 20
minutes 44 seconds East, a distance of 300.17 feet to an iron pin on the line of land now or formerly
of Barry L. Peters; thence along the latter, South 08 degrees 34 minutes 00 seconds East, a distanc
of 537.69 feet to a nail in PA Route 34; thence along said public road, South 56 degrees 42 minutes
18 seconds West, a distance of 330.29 feet to an iron pin, the place of BEGINNING.
CONTAINING 4.2134 acres according to a subdivision pin for Harold S, Irwin, III, by Carl D. Bert,
R.S., dated November 13, 1978 and recorded in the.Office of the Recorder of Deeds for Cumberla~
County, Pennsylvania in Plan Book 34, Page 67, and being designated as Lot No. 1 thereon.
Together with the free and uninterrupted right of ingress, egress and regress over a certain private
lane as the same now appears on the ground insofar as it crosses the southern portion of Lot No.
along PA Route 34.
RESERVING, HOWEVER, unto the grantors, their heirs and assigns, the free and uninterrupted r
of ingress, egress and regress over the said private lane as the same now appears on the groun¢
insofar as it is across the lot herein conveyed and as it may hereafter be extended to service Lot
2 on the aforesaid plan in accordance with the agreement between the parties hereto dated
December 8, 1978.
BEING the same premises which John G. Hornock, by Deed dated and recorded even date her(
granted and conveyed unto Joel D. Ramp and Tanya M Smith, Mortgagors herein.
TANYA M. SMITH,
JOEL D. RAMP,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.t~'~5,a'3~ Gt-V4L 2003
CIVIL ACTION - EQUITY
NOTICE OF PENDENCY
OF PARTITION PROCEEDINGS
TO:
Joel D. Ramp
7800 Wertzville Road
Carlisle, Penns34vania 17013
Notice is hereby given that an action has been commenced in the above-entitled court,
which action is numbered and entitled as set forth in the heading hereof, on the complaint of the
above-named plaintiff against the above-named defendant, for the purpose of obtaining a
partition of the premises therein described among the owners thereof, or, in the alternative, for a
sale thereof under the direction of the court, and a division of the proceeds of such sales among
such owners, according to their respective rights. Said premises are situate in the County of
Cumberland, Commonwealth of Pennsylvania, and are more particularly described as follows:
303 West First Street property:
ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs,
Township of South Middleton, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows:
BEGINNING at an iron pipe on the North side of First Street or York Road;
thence along lands now or formerly of B.F. Hughes, North 12 degrees 15 minutes
West, a distance of 82 feet to an iron pipe; thence by san~e, South 74 degrees 30
minutes West, a distance of 30 feet to an iron pipe; thence by same North 12
degrees 15 minutes West, a distance of 82 feet to a post on the South side of a
public alley; thence by South side of the above public alley, North 76 degrees 30
minutes East, a distance of 100 feet to a post; thence along lands now or formerly
of Samuel Moyer,, South 12 degrees 15 minutes East, a distance of 164 feet to a
pipe on the North side of said First Street or York Road; thence along the North
side of the above :street or public road, South 74 degrees 30 minutes West, a
distance of 70 feet to an iron pipe, the place of BEGINNING.
CONTAINING 0.32 acres, more or less.
HAVING thereon erected a two story dwelling house known as 303 First Street.
This description is according to a survey by T. Elliot Middleton, Registered
Surveyor, dated June 8, 1954.
3800/3810 Sprim, Road vropertv:
ALL that certain property with the improvements thereon erected located in the
Township of Middlesex, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pin on the southern side of PA Route 34 on the line of Lot
No. 1 as shown on the hereinafter mentioned plan of lots; thence along the latter,
North 08 degrees 34 minutes 00 seconds West, a distance of 685.87 feet to an iron
pin; thence along the same, North 83 degrees 20 minutes 44 seconds East, a
distance of 300.17 feet to an iron pin on the line of land now or formerly of Barry
L. Peters; thence along the latter, South 08 degrees 34 minutes 00 seconds East, a
distance of 537.69 feet to a nail in PA Route 34; thence along said public road,
South 56 degrees 42 minutes 18 seconds West, a distance of 330.29 feet to an iron
pin, the place of BEGINNING.
CONTAINING 4.2134 acres according to a subdivision pln for Harold S. Irwin,
III, by Carl D. Bert, R.S., dated November 13, 1978 and recorded in the Office of
the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 34,
Page 67, and being designated as Lot No. 1 thereon.
Together with the free and uninterrupted right of ingress, egress and regress over a
certain private lane as the same now appears on the ground insofar as it crosses
the southern portion of Lot No. 2 along PA Route 34.
Dated:
RESERVING, HOWEVER, unto the grantors, their heirs and assigns, the free and
uninterrupted right of ingress, egress and regress over the said private lane as the
same now appears on the ground insofar as it is across the lot herein conveyed and
as it may hereafter be extended to service Lot No. 2 on the aforesaid plan in
accordance with the agreement between the parties hereto dated December 8,
David A. Baric, Esquire
SHERIFF'S RETURN -
CASE NO: 2003-05038 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMITH TANYA M
P~AMP JOEL D
VS
REGULAR
RONALD HOOVER
Cumberland County, Pennsylvania,
says, the within COMPIJ~INT - EQUITY
RAMP JOEL D
DEFENDANT , at 2043:00 HOURS,
at 7800 WERTZVILLE ROAD
CARLISLE, PA 17013
JOE P~AMP, FATHER
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 26th day of September, 2003
by handing to
- EQUITY
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this ~ ~ day of
~P~.. ~3 ~0~ A.D.
rothonotary '
So Answers:
R. Thomas Kline
09/29/2003
OBRIEN BARIC SCHERER
Deputy Sheriff
TANYA M. SMITH,
JOEL D. RAMP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No. 03-5038
CiVIL ACTION - EQUITY
Defendant :
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and aj udgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion
de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland Connty Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
TANYA M. SMITH,
JOEL D. RAMP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
Defendant
No. 03-5038
CWIL ACTION - EQUITY
ANSWER TO COMPLAINT IN PARTITION AND NEW MATTER
AND NOW, this 13th day of October, 2003, comes Defendant, Joel D. Ramp, by and through
his counsel, Michael J. Hanft, Esquire, of Hanft and Knight, P.C., and files the following Answer
to Complaint in Partition and New Matter, and in support thereo£avers as follows:
1. Admitted.
2. Denied as stated. It is specifically denied that Defi:ndant resides at 7800 Wertzville
Road, Carlisle, Cumberland County, Pennsylvania. Defendant resides at 3800 Spring
Road, Shermans Dale, Cumberland County, Pennsylvania.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. The averments of Paragraph 6 are a conclusion of law to which no
responsive pleading is required.
7. Admitted.
8. Admitted.
9. Admitted.
I0. Admitted in part, Denied in part. It is admitte, d that Plaintiff moved out of the
3800/3810 Spring Road property in March, 2003. Defendant continues to reside in
the 3800/3810 Spring Road property. It is admitted that neither party has resided in
the 303 West First Street property.
NEW MATTER
11. Paragraphs 1 through 10 above are incorporated 'by reference.
12. The Parties hereto have listed the 303 West First Street property referenced in
Paragraphs 3 and 5 o f t he Complaint i n Partition with a 1 icensed Pennsylvania
REALTOR.
13. Defendant resides at the 3800/3810 Spring Road property referenced in Paragraphs
7 and 9 of the Complaint in Partition.
14. Plaintiff has offered to purchase Plaintiff's interest in the 3800/3810 Spring Road
property referenced in Paragraphs 7 and 9 of the Complaint in Partition.
15. The contractor for work performed at the 303 West First Street property referenced
in Paragraphs 3 and 5 of the Complaint in Partition has not yet been paid for
improvements made to said property.
16. The 303 West First Street property referenced in Paragraphs 3 and 5 of the Complaint
in Partition can not be partitioned without prejudice to or spoiling the whole.
17. the 3800/3810 Spring Road property referenced in Paragraphs 7 and 9 of the
Complaint in Partition can not be partitioned without prejudice to or spoiling the
whole.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny the partition
of either property referenced in Plaintiff's Complaint in Partition.
Respectfully Submitted,
HANFT & KNIGHT, P.C.
Attorney ID No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys :[or Defendant
CERTIFICATE OF SERVICE
AND NOW, this 13th day of October, 2003, I, Michael J. Hanft, Esquire, hereby certify that I
have this day served the following persons with a copy of the Complaint, by first class, United States
Mail, postage pre-paid, addressed as follows:
David A. Baric, Esquire
O'BR1EN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
HANFT & KNIGHT, P.C.
Attorney 11) No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-.5373
Attorneys for Defendant
VERIFICATION
I VERIFY that the statements set forth in the attached document aze true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities.
TANYA M. SMITH,
JOEL D. RAMP,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-5038
CIVIL ACTION - iEQUITY
REPLY TO NEW MATTER
AND NOW, comes Plaintiff, Tanya M. Smith, by and tbxough her attomeys, O'BRIEN,
BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets
forth the following:
11. Plaintiff incorporates by reference paragraphs one through ten of her Complaint as
though set forth at length.
12. Admitted in part and denied in part. It is admitted only that the parties have
entered into a listing agreement with Help-U-Sell. To the extent this averment implies that the
parties have reached an agreement to sell the property or have reached an agreement as to the
division of proceeds from any such sale, this averment is denied.
13. Denied. To the contrary, Defendant removed himself from this property and a
portion of the property has been and continues to be used as a rental property.
14. Denied. To the contrary, "Plaintiff' has not offi~red to purchase "Plaintiffs"
interest in this property.
15. After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of these averments and they are, therefore, denied.
16. These averments are legal conclusions to which no response is required. To the
extent a response may be required, the averments are denied.
17. These averments are legal conclusions to which no response is required. To the
extent a response may be required, the averments are denied.
WHEREFORE, Plaintiffrespectfully requests that this ltonorable Court order partition of
the properties in accordance with the Complaim of Plaintiff.
Respectfully submitted,
O'BRIEN, BARIC & SCHEP-~elJR
·
David A. Baric, Esquire
I.D. 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney fur Plaintiff
dab.dir/litigation/s mith/par tition/newmatter, ans
VERIFICATION
I verify that the statements made in the foregoing Reply To New Matter are true and correct
to the best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted
and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said
verification. I undersigned that false statements herein are made: subject to penalties of 18 Pa.C.S.
§4904, relating to unsworn falsifications to autl~rities.
David A. Baric, Esquire
Dated:
CERTIFICATE OF SERVICE
I hereby certify that on October~ / , 2003, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Michael $. Hanfi, Esquire
Hanft & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17012;
David A. Baric, Esquire
PRAECIPE FOR LISTENG CASE FOR TRIAL (EQUITY)
(Must be ~pewritten and submitted in duplicate)
TO THE PROTHO~NOTARY/'OF CUMBERL,~ND COUNTY
Please list the following case:
(Check one) ( for JURY trial at the next term of civil court.
( X for trial without a jutT.
CAPTION OF CASE
(entire caption must be stated in full)
TANYA M.
VS.
SMITH,
(Plaintiff)
(check one)
( ) Assumpsit
( ) Trespass
( ) 'Trespass (Motor Vehicle)
(X) PARTTTTON
(other)
JOEL D. RRMP
VS.
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before
pretrials )
(The party listing this case for
trial shall provide forthwith a
copy of the praecipe to all
counsel, pursuant to local Rule'
214-1. )
No. 5038 Civil Action-Equity ,x~ 2003
Indicate the attorney who will tQ' case for the part}' who ,'lies this praeeipe: Attorney for Plaintif
David A. Baric, Esquire, 17 West South Street, Carlisle, PA 17013
Indicate trial counsel for other parties if known: Attorney for Defendant
Michael J. Hanft, Esquire, 19 Brookwood Avenue,Suite 106, Carlisle, PA 170
This case is ready for trial.
Signed:
Print .Name:
David A. Baric, Esquire
Plaintiff
November 25, 2003 Attorney for:
TANYA M. SMITH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
JOEL D. RAMP,
DEFENDANT
: 03-5038 EQUITY TERM
~David A. Baric, Esquire
For Plaintiff
,-,/'Michael J. Hanff, Esquire
For Defendant
Court Administrator
:sal
ORDER OFCOURT
AND NOW, this ~3.~day of December, 2003, a trial on the within
case shall be conducted in Courtroom Number 2, Cumberland County Courthouse,
Carlisle, Pennsylvania, at 1:30 p.m., Wednesday, December 31, 2003.
Edgar B.~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TANYA M. SMITH,
JOEL D. RAMP,
Plaintiff
V.
Defendant
No. 03-5038 EQUITY TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this~"day of December, 2003, the trial on the within case has been
continued from Wednesday, December 31, 2003, at1:30 p.m. to Wednesday, February 4, 2004, at
1:30 p.m., to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
V~avid A. Baric, Esquire
For Plaimiff
~lichael J. Hanft, Esquire
For Defendant
Court Administrator
/2-10-d'
By, e Court,
Edgar B. Bayley, J. %
!
!
TANYA M. SMITH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOEL D. RAMP,
DEFENDANT
: 03-5038 EQUITY TERM
ORDER OF COURT
AND NOW, this ,~7~ day of January, 2004, the trial on the within
case currently scheduled for February 4, 2004, is cancelled. The trial shall be
conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania, at 1:30 p.m., Thursday, February 12, 2004.
Edgar B. Bayley, J.
v/David A. Baric, Esquire
For Plaintiff
v/Michael J. Hanft, Esquire
For Defendant
Court Administrator
OI-oq 7
:sal
TANYA M. SMITH,
Plaintiff;
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
V. : NO. 2003-5038
JOEL D. RAMP,
Defendant.
CIVIL ACTION-EQUiTY
TO:
PRAECIPE TO DISCONTINIJE
Curtis Long, Prothonotary
Please mark this matter as settled and discontinued with prejudice.
O'BRIEN, BARIC & SCHEJt,~ER
David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
ID#
19 Brookwood Ave., Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Defendant