HomeMy WebLinkAbout07-7418f '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK, : No. (7_ 1418 C-(Vt(T"
Plaintiff
vs.
GLEN W. ELLIOTT, OD,
Defendant
Pursuant to the Authority contained in the Warrant of Attorney, the original
or a copy of which is attached to the Complaint filed in this action, I appear for the
Defendant and confess judgment in favor of the Plaintiff and against the Defendant as
follows:
a. Unpaid principal: Eighteen Thousand Four Hundred Thirty-five
and 75/100 ($18,435.75) Dollars;
b. Interest: Five Hundred Sixty-seven and 08/100 ($567.08)
Dollars;
C. Late fees and Attorney's fees (5%): One Thousand Eighteen
and 74/100 ($1,018.74) Dollars consisting of Late fees of Sixty-five and 34/100 ($65.34)
Dollars and Attorney's fees of Nine Hundred Fifty-three and 40/100 ($953.40) Dollars;
d. Total: Twenty Thousand Twenty-one and 57/100 ($20,021.57)
Dollars.
KAMI M?AS,WH LOVETTE
By
Denver E. Wha?on
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK, : No.
Plaintiff
vs.
GLEN W. ELLIOTT, OD,
Defendant
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, AmeriServ Financial Bank, by and through
its attorneys, Kaminsky, Thomas, Wharton & Lovette, and files this Complaint in
Confession of Judgment pursuant to Pa. R.C.P. 2951(b), and in support thereof avers as
follows:
1. The Plaintiff, AmeriServ Financial Bank, is a state bank organized and
operating under the Laws of the Commonwealth of Pennsylvania, regulated by the Federal
Reserve and the Pennsylvania Department of Banking, with its principal place and office
for business located at Cor. Main and Franklin Streets, P.O. Box 520, Johnstown, Cambria
County, Pennsylvania 15901.
2. The Defendant, Glen W. Elliott, OD, is an adult individual with a last
known address at 455 Stonehedge Lane, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Attached as Exhibit "A" is a true and correct copy of the original
instrument authorizing confession duly executed by Defendant which is a Promissory Note
between the Defendant and the Plaintiff. The Promissory Note contains a Confession of
Judgment clause.
4. Judgment is not being entered by Confession against a natural person
in connection with a consumer credit transaction.
5. Judgment has not been entered in any jurisdiction on the attached
instrument authorizing confession.
6. Defendant is in default under the terms of the instrument in that no
payments have been made on the subject Promissory Note since September 14, 2007,
and the Promissory Note is due for September 1, 2007.
7. The Defendant is liable to Plaintiff as follows:
a. Unpaid principal: Eighteen Thousand Four Hundred Thirty-five
and 75/100 ($18,435.75) Dollars;
b. Interest: Five Hundred Sixty-seven and 08/100 ($567.08)
Dollars;
C. Late fees and Attorney's fees (5%): One Thousand Eighteen
and 74/100 ($1,018.74) Dollars consisting of Late fees of Sixty-five and 34/100 ($65.34)
Dollars and Attorney's fees of Nine Hundred Fifty-three and 40/100 ($953.40) Dollars;
d. Total: Twenty Thousand Twenty-one and 57/100 ($20,021.57)
Dollars.
WHEREFORE, Plaintiff demands judgment in the sum of Twenty Thousand
Twenty-one and 57/100 ($20,021.57) Dollars as authorized by the Warrant of Attorney
appearing in the instrument attached hereto as Exhibit "A".
Respectfully submitted,
KAMIN Y THOMAS,W RT N & LOVETTE
By
Denver E. Wha n
Attorney for Plaint
-'uu r 1:3:40 FAX 18144670918
? LAYETTE ES9 Z00:
PROMISSORY NOTE ,
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8arrower:
GLEN W ELLIOTT, OD
108 DEVON DR
JOHNSTOWN, PA 15904-3121
Lender: AMERISERV FINANCIAL BANK
STATE COLLEGE LOAN STORE
120 REGENT COURT SUITE 102
STATE COLLEGE, PA 16801-7%4
Principal Amount. $30,000.00
PROMISE TO PAY. GLEN W ELLIOTT OD "Borrower" Date of Note. June 18, 2001
money of the United Stales of America, the principal a o
) promises to ut of Thirty pdhousand &Raa/1oo pollars ( p,OBOp po), 'Lender",
unpaid principal balance from June 1a, 2001, until paid In full.
er)wth i serest On the
PAYMENT. Borrower will pay this loan In accordance with the following
beginning August 1, 2001, With interest calculated on the unpaid principal balance$ at anu into estnrat eof 0.810% pereannum;47 monthly
p
consecutive principal and interest payments of $380.28 each, beginning August 1, 2002, with interest calculated on the unpaid principal
balances at an interest rate of 8.810% per annum; and one principal and Interest payment of $21,375.64 on July 1, 2006, with Interest calculated
on tha unpaid principal balances at an Interest rate of 8,810% per annum. This estimated final payment is based on the assumption that all
payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued Interest not yet paid, together with
any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable low, payments will be applied first to accrued
unpaid interest, then to principal, and any remaining amount to any unpaiB collection costs and late charges. Borrower will pay Lender at
Lender's address shown above or at such other place as Lender may designate In writing. .
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will
reduce the principal balance due and may result In Borrower's making fewer payments- Borrower agrees not to send Lender payments marked "paid
in full", 'ithout recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this
Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts,
Including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered
with other conditions or limitations or AS full satisfaction of a disputed amount must be mailed or delivered to. AMERISERV FINANCIAL BANK, STATE
COLLEGE LOAN STORE, 120 REGENT COURT SUITE 102, STATE COLLEGE, PA 16801-79$4.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law,
increase the interest rate on this Note 3-000 percentage points. The Interest rate will not exceed the maximum rate permitted by applicable law. If
judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in
this Note.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's
ability to repay this Note or perform SarroWer's obligations under this Note or any of the related documents-
False Statements- Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter-
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower'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 Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shalt not apply If
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding
creditor or forfeiture proceeding, in an amount determined by Lender, In its sore discretion, as being an adequate reserve orbond for the dispute.e
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor. endorser, ssurety, 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 evidenced by this Note. 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, cure any Event of Default.
Adverse Change. A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith bstleves itself insecure.
Cure Provisions. If any default, other than a default In payment is curable and if Borrower his not been given a notice of a breach of the same
provision of INS Note within the preceding twelve (12) months, it may be cured (and no event Of default will have occurred) if Borrower, after
receiving written notice from Lender demanding cure of such default (1) cures the default within fifteen (15) days; or (2) i( the cure requires
more than fifteen (15) days, immedlately initiates steps which Lender dooms in Lender's sole discretion to be sufficient to cure the default and
thereafter continues and completes alt reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
EXHIBIT "A"
References in the shaded area are for Lender's use only And do not limit the a licabilit of this document to an ? x ,
Any item above containing "'*- has been omitted due to text length limlWlons. any particular loan or item.
4 LOVETTE ESQ fa 003
Loan Na: 1618800100' PROMISSORY NOTE
(Continurft
%4j Page 2
LENDER'S RIGHTS. Upon default, Lender may, after giving such notkes as required by applicable law, declare the entire unpaid rinci al balanc
this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. P P eon
EXPENSES. If Lender institutes any suit or action to enforce any of the terms of this Note. Lender shall be entitled to recover such sum as the court
may adjudge reasonable. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs
that in Lenders opinion are necessary at any time for the proteotlon.of its interest or the enforcement of Its rights shall become a part of the loan
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses
without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy Proceedings covered by (including ng efforts to ports tomodifyor this include,
vacate any automatic stay or injunction), and appeals, to the extent permitted by applicable law_ Borrower also will pay any court costs, In addition to
all other aunts provided by law_
JURY WEER. Lender and Borrower hereby waive the right to any jury trial Ina action
Lender or Borrower against the other. nY , proceeding, or counterclaim brought by either
GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal taw and the laws of the Commonwealth
of Pennsylvania This Note has been accepted by Lender in the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, lender r
checking, savings, or some other account). This includes all accounts Borroweerholdjointly wlthesomeo ell also and all accounts Borrower l may open In
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against Lenders option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this 0aragaph. at
ARBITRATION. Borrower and Lender agree that all disputes, claims and controversies between then) whether Individual, joint, or class In
nature, arising from this Note or otherwise. Including without limitation contract and tort disputes. Shall be arbitrated pursuant to the Rules of
the American Arbitration Association In effect at the time the claim is flied Upon Collateral securing this Note shall constitute a waiver of this arbitration agreement orsbe prohibited by this arbitration ar deepest or any
includes, without Ilrnitatlon, obtaining injunctive relief or a temporary restralning order; Invoking a greefnent. This
ortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating top sv sal le der any deed or trust or
disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Anydisp disputes, ? s or
controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any collateral securing this Note,
Including any ctalrn to rescind, reform, or otherwise modify any agreement relating to the collateral securing this Note, shall also be arbitrated,
provided howeVer that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award
rendered by arty arbitrator may be entered in any court having jurisdiction. Nothing in this Note shall preclude an
equitable relief from a court of competent jurisdiction. The statute of limitations esto
PP Y Bane from seeking
otherwise be applicable in an action brought by a shall be ' b1, waiver,
o laches, eedi and similar doctrines which would
arbitration proceedfn Y party apPllcable In any arbitration prceging, and the commencement of an deem
mencement construction, interpr to shallt on, and enforcement of this arbitrat onf p ovisionn for these purposes. The Federal Arbitration Act shall apply to the
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any
other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, n pay
o party who w t, and notice of
guarantor, accommodation maker or endorser, shall be released from liability. All such parties agrthat Lender may?rgenewror extend repo ag maker,
for any length of time) this loan or release any party or guarantor or collateral; or impair, fall to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this
Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, It will not affect the enforceability of any other
provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH 08 WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST pORROWER SHALL NOT HE EXFtAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT M FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE- BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
lien arlsing from any judgment confessed or entered pursuant to the foaoin DEPENDENT LEGAL COUNSEL. The
that term is defined in the Pennsylvania Act of January 30, 1974 (Pa. Laws f3, No. h5), eferrled to as he Loan Intl Borrowers residential real properly as erest and
Protection
Law and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such jjudgme t, execuutte,d"
or otherwise proceed against any such residential real property; provided, however, that the Ilen of such judgment shall extend to such residential real
property and that the holder thereof shall be permitted to execute, levy or proceed against such residential real property from and after the entry of a
judgment as contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennyl of Civil
Procedure, or successor or similar statutes and rules. No limitation of Ilen or any execution, levy or other enforcement cont ined8inl he Imesmed tely
preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment.
12/04/2007 13:41 FAX 18144670918
LOVETTE ESQ 0004
' PROMISSORY NOTE
Loan No. 1618800100'
'(Continued)
Page 3
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO
THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE 1$ GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
x/
GLEN W IOTTPOD, Ind{vldually Seal)
Sig adMOWledgede presence at
IUfiR PRO Loneft Vv. 7. N.1v.a del C.warr.z w•.'PKpHy ItiT, zwi. I1p py?,,. pw
wWw •PA
VERIFICATION
I, Bruce A. Mabon, Vice-President, AmeriServ Financial Bank, being
authorized to do so, verify that the statements made in this Complaint in Confession of
Judgment are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
AMERISERV FINANCIAL BANK
By lj'ae? a yP
Bruce A. Mabon
Vice-President
DATED: December 6, 2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK, No.
Plaintiff
vs.
GLEN W. ELLIOTT, OD, ;
Defendant
CERTIFICATE OF RESIDENCE
I certify that Plaintiff, AmeriServ Financial Bank, is a banking institution having
an office located at 216 Franklin Street, Johnstown, Cambria County, PA 15901, and that
Defendant, Glen W. Elliott, OD, is an adult individual those last known address is 455
Stonehedge Lane, Mechanicsburg, Cumberland County, PA 17055. 1 understand that
false statements made in this Certificate are subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsification to authorities.
Date: December 6. 2007
Denver E. WI•
Attorney for P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK, No.
Plaintiff
vs.
GLEN W. ELLIOTT, OD,
Defendant
CERTIFICATE OF SERVICE
I, Denver E. Wharton, Esquire, hereby certify that on the 7th day of
December , 2007,1 forwarded a true and correct copy of the Complaint by U.S. First
Class Mail, postage prepaid, to the following address:
Glen W. Elliott, OD
455 Stonehedge Lane
Mechanicsburg, PA 17055
KAMINSKY MAS,
By
Denver E. Whar
Attorney for Plai
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK,
Plaintiff
vs.
GLEN W. ELLIOTT, OD,
Defendant
No. 67 - gy18 eIVi 17errvt
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Glen W. Elliott, OD
455 Stonehedge Lane
Mechanicsburg, PA 17055
A judgment in the amount of $20,021.57 has been entered against you and in
favor of the Plaintiff without any prior notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly signed by you. The Sheriff may take
your money or other property to pay the judgment at any time after thirty (30) days after the date
on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE
ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
PHONE: (800) 990-9108
DENVER E. WHARTON, ESQUIRE
KAM I NSKY,THOMAS,WHARTON & LOVETTE
360 STONYCREEK STREET
JOHNSTOWN, PA 15901
PHONE: 814-535-6756
A16
AMERISERV FINANCIAL BANK, IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
No.
vs.
GLEN W. ELLIOTT, OD,
Defendant
TYPE OF DOCUMENT:
COMPLAINT IN CONFESSION
OF JUDGMENT
ATTORNEY FOR PLAINTIFF:
DENVER E. WHARTON, ESQUIRE
SUPREME COURT I.D. #31800
KAMINSKY, THOMAS, WHARTON
& LOVETTE
360 STONYCREEK STREET
JOHNSTOWN, PA 15901
TELEPHONE: (814) 535-6756
AJUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS
A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY
THE COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE
PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS:
Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment.
(a)(1) Relief From a judgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to
open it must be asserted in a single petition. The petition may be filed in the county in
which the judgment was originally entered, in any county to which the judgment has been
transferred or in any other county in which the Sheriff has received a Writ of Execution
directed to the Sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent an knowing shall be raised only
(i) in support of a further request for a stay or execution where the court has stayed
execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the
Defendant can demonstrate that there were compelling reasons for the delay, a petition
not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief, the court shall issue a rule to show
cause and may grant a stay or proceedings. After being served with a copy of the petition,
the Plaintiff shall file an answer on or before the return day of the rule. The return day of
the rule shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections, which are not included in the petition or
answer.
(d) The petition and the rule to show cause and the answer shall be served as provided
in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay
proceedings on the petition insofar as it seeks to open the judgment pending disposition
of the application to strike off the judgment. If evidence is produced which a jury trial would
require the issues to be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
1%.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
AMERISERV FINANCIAL BANK
v.
GLEN W ELLIOTT, O.D.
[3 Confessed Judgment
: ? Other
File No. 07-7418
Amount Due 10,240.32
Interest 57.36
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County
County, for debt, interest and costs, upon the following desenbed property of the defendant (s)
455 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania
Please see attached description
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date Signature:
Print Name: Edward A. Pa"
Address: 2675 Eastern Boulevard
York, PA 17402
Attorney for: Ameriserv Financial Bank
Telephone: 717-757-4565
Supreme Court ID No: 80304
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ALL that certain Unit, being Unit No. 455 (the "Unit"), of Stonehedge, A
Townhome Condominium (the "Condominium"), located in Upper Allen
Township, Cumberland County, Pennsylvania, which Unit is designated in the
Declaration of Condominium of Stonehedge, A Townhome Condominium (the
"Declaration of Condominium") and Declaration Plats and Plans recorded in the
Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 681,
Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with
any and all amendments thereto.
TOGETHER with the undivided percentage interest in the Common
Elements appurtenant to the Unit as more particularly act forth in the aforesaid
Declaration of Condominium, as last amended.
TOGETHER with the right to use the Limited Common Elements
applicable to the Unit being conveyed herein, pursuant to the Declaration of
Condominiwn and Declaration Plats and Plans, as last amended.
UNDER AND SUBJECT to any and all covenants, conditions,
restrictions, rights-of-way, easements and agreements of record in the aforesaid
Office, the aforesaid Declaration of Condominium, and matters which a physical
inspection and survey of the Unit and Common Elements would disclose.
BEING part of the same premises which Wesley Affiliated Services, Inc.,
successor to The United Methodist Homes for the Aging, Inc., by deed dated
May 23, 2001 and recorded in Cumberland County Deed Book 245, Page 354,
gmated and conveyed unto Stonehedge Lane Associates, a Pennsylvania limited
partnership, Grantor herein.
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK
Plaintiff,
NO. 07-7418
V.
GLEN W. ELLIOTT, OD
Defendant.
CIVIL ACTION-LAW
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
AFFIDAVIT PURSUANT TO RULE 3129.1
Ameriserv Financial Bank, plaintiff in the above action, sets forth as of the date of the
praecipe for the Writ of Execution was filed to following information concerning the real
property located at:
1. Name and address of Owner or Reputed Owner:
Name: Address:
Glen W. Elliott, O.D. 455 Stonehedge Lane
Mechanicsburg, PA 17055
(last known address)
2. Name and address of Defendant in the Judgment:
Name: Address:
Glen W. Elliott, O.D. 455 Stonehedge Lane
Mechanicsburg, PA 17055
(last known address)
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name: Address:
Ameriserve Financial Bank 1501 Somerset Avenue, 2"d Floor
Windber, PA 15963-1745
A-
4. Name and address of the last recorded holder of every mortgage of record:
Name:
MERS Nominee for :
Commerce Bank
Address:
3951 Union Deposit Road
Harrisburg, PA 17109
5. Name and address of every other person who has any record lien on their property:
Name:
None.
Address:
6. Name and address of every other person who has any record interest the property
and whose interest may be affected by the sale:
Name:
None.
Address:
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name:
None
Address:
I verify that the statement made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date:
It is) 10q-
KAGEN, MACDONALD & FRANCE, P.C.
Edward A. Paskey, Esq'Wre
Attorney ID No. PA 80304
2675 Eastern Blvd.
York, PA 17402-2905
Phone: (717) 757-456
.- ?.
2609 NOV 20 PH 2* li 7
CU' ?° "?'?'?
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK : NO. 07-7418
Plaintiff,
V.
GLEN W. ELLIOTT, OD
Defendant.
TAKE NOTICE:
CIVIL ACTION-LAW
That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday,
March 3, 2010, in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURTHOUSE, 1
Courthouse Square, Carlisle, PA 17013 at 10:00 AM, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
455 Stonehedge Lane Mechanicsburg Pennsylvania 17055
to: THE JUDGMENT under or pursuant to which your property is being sold is docketed
07-7418
The name of the owner or reputed owner of this property is:
Glen W. Elliott. O.D
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the sale
received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and
municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after
the sale and distribution of the proceeds of sale in accordance with this schedule will, in
fact, be made unless someone objects by filing exceptions to it within ten (10) days of the
date it is filed. Information about the schedule of distribution may be obtained from the
Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, 1 Courthouse
Square, Carlisle, PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause
your property to be held to be sold or taken to pay the judgment. You may have legal
rights to prevent your property form being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone 800-990-9108
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court
if you are aware of a legal defect in the obligation or procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper
cause. This petition must be filed before the Sheriffs deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland
County at one of the Court's regularly scheduled business court sessions. The petition
must be served on the attorney for the creditor at least two (2) business days before
presentation to the Court and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 before presentation of the
petition to the Court.
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK NO. 07-7418
Plaintiff,
V.
GLEN W. ELLIOTT, OD
Defendant.
CIVIL ACTION-LAW
NOTICE TO PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more
mortgage, judgment or tax liens against the real estate of Glen W. Elliott, O.D.
MERS Nominee for :
Commerce Bank, N.A.
3951 Union Deposit Road
Harrisburg, PA 17109
You are hereby notified that on Wednesday, March 3, 2010, at 10:00 o'clock AM,
prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas
of Cumberland County, Pennsylvania, on the judgment of Ameriserv Financial Bank v.
Glen W. Elliott, O.D. 07-7418, the Sheriff of Cumberland County, Pennsylvania will expose
at Public Sale in the Sheriffs Office in the Court House,1 Courthouse Square, Carlisle,
Pennsylvania, real estate of Glen W. Elliott, O.D. known and numbered as 455
Stonehedge Lane, Mechanicsburg, PA 17055 A description of said real estate is hereto
attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County on April 2, 2010, and distribution will be made in accordance
with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested
by the sale and that you have an opportunity to protect your interest, if any, by being
notified of said Sheriff Sale.
wa-leg,
AC?
Edward A. Paskey, Esquire
11 12 - o ` Date
ALL that certain Unit, being Unit No. 455 (the "Unit"), of Stonehedge, A
Townhome Condominium (the "Condominium'), located in Upper Allen
Township, Cumberland County, Pennsylvania, which Unit is designated in the
Declaration of Condominium of Stonehedge, A Townhome Condominium (the
"Declaration of Condominium") and Declaration Plats and Plans recorded in the
Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 681,
Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with
any and all amendments thereto.
TOGETHER with the undivided percentage interest in the Common
Elements appurtenant to the Unit as mote particularly set forth in the aforesaid
Declaration of Condominium, as last amended.
TOGETHER with the right to use the Limited Common Elements
applicable to the Unit being conveyed herein, pursuant to the Declaration of
Condominium and Declaration Plats and Plans, as last amended.
UNDER AND SUBJECT to any and all covenants, conditions,
restrictions, rights-of-way, easements and agreements of record in the aforesaid
Office, the aforesaid Declaration ofCondominium, and matters which a physical
inspection and survey of the Unit and Common Elements would disclose.
BEING part of the same premises which Wesley Affiliated Services, Inc.,
successor to The United Methodist Homes for the Aging, Inc., by deed dated
May 23, 2001 and recorded in Cumberland County Deed Book 245, Page 354,
granted and conveyed unto Stonehedge Lane Associates, a Pennsylvania limited
partnership, Grantor herein.
f":LE=. r ivy.
?,- r...` C". h4
2GOA NOV 20 F'1 2: 1, 7
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-7418 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERISERV FINANCIAL BANK, Plaintiff (s)
From GLEN W. ELLIOTT, O.D.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $10,240.32 L.L. $.50
Interest -- $57.36
Atty's Comm % Due Prothy $2.00
Atty Paid $54.00 Other Costs
Plaintiff Paid
Date: 11/20/09
is
?--?-0
Cu R. Long, Prothono
(Seal) By:
V. j?-
Deputy
REQUESTING PARTY:
Name: EDWARD A. PASKEY, ESQUIRE
Address: KAGEN, MACDONALD & FRANC E, PC
2675 EASTERN BLVD
YORK, PA 17402-2905
Attorney for: PLAINTIFF
Telephone: 717-757-4565
Supreme Court ID No. 80304
,,
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK
Plaintiff,
V.
GLEN W. ELLIOTT, OD
Defendant.
NO. 07-7418
CIVIL ACTION-LAW
_ r-n
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared Edward A. Paskey, of the law firm of Kagen, MacDonald & France, P.C., who
being duly sworn according to law deposes and says that he caused to be served upon
Commerce Bank, a copy of the Notice of Sheriffs Sale of Real Property Pursuant to
Pennsylvania Rule of Civil Procedure 3129 by causing a copy of said Notice of Sheriffs
Sale of Real Property Pursuant to Pennsylvania Rule of Civil Procedure 3129 to be sent
via Certified First Class Mail, addressed to MERS Nominnee for Commerce Bank, 3951
Union Deposit Road, Harrisburg, PA 17109, Number 70090080000036327818, service
being effectuated on said Lien Holder as evidenced by a copy of the Return Receipt
attached hereto.
SWORN AND SUBSCRIBED to
before me this ISday
of r,?2010.
NOT RY PUBLIC
Edward A. Paskey
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Trudy M. Goodman, Notary Public
Sp„n9ettsbury Twp., York County
My Commission Expires Dec, 22, 2013
Member. Pennsvivanla assnclaflon Of!
'het ryes
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Defy is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits
1. Article Addressed to:
f'?CK,S ?d min?e ??
A. Sig re
x 0 Agent
?
B. R Addressee
by Printed Name C. Date of Delivery
D• is delivery address different from item 11 0 Yes
If YES, enter delivery address below. 0 No
3. Type
??i [3 13 ? Mall
0 Insured Mail ? C.O.D. Receipt for Merchandise
4. Reetrloted p
2. Article Number 11-yo, (Fxba Fee) 0 Y"
(Irens/erfinmservkekW 7009 0080 0000 3632 7818
PS Form 3811, February 2004
Domeetb Return Receipt
102596-02-M-1540
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK NO. 07-7418
Plaintiff,
V. CIVIL ACTION-LAW
M
a? sZ
GLEN W. ELLIOTT, OD -r, rn
Defendant.
-? - 4 l
AFFIDAVIT OF SERVICE
.-? ..
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF YORK
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared Edward A. Paskey, of the law firm of Kagen, MacDonald & France, P.C., who
being duly sworn according to law deposes and says that he caused to be served upon
Litton Loan Servicing, a copy of the Notice of Sheriffs Sale of Real Property Pursuant to
Pennsylvania Rule of Civil Procedure 3129 by causing a copy of said Notice of Sheriff's
Sale of Real Property Pursuant to Pennsylvania Rule of Civil Procedure 3129 to be sent
via Certified First Class Mail, addressed to Litton Loan Servicing, 4828 Loop Central Drive,
Houston, TX 77081, Number 700900800000363207832, service being effectuated on said
Lien Holder as evidenced by a copy of the Return Receipt attached hereto.
Edward A. Paskey
SWORN AND SUBSCRIBED to
before me this /5-day
of r4n.artj , 2010.,,
IC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Trudy M. Goodman, Notary Public
Springettsbury Twp., York County
My Commission Expires Dec. 22, 2013
Member, Pennsylvania Association of Notaries
¦ Cgit? items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X FRANCIS BLACKSHM 0 Agent
¦ Print your name and address on the reverse ? Addressee
so that we can return the card to you. B. Received by (prnted Name) C. Date of Delivery
¦ Attach this card to the back of the maiipiece,
or on the front if space permits.
D. is delivery address different from Kern 1? 0 Yes
1. Article to: If YES, enter delivery address below: 0 No
CIO
? F_xp m mail
? Retum Receipt for Merchandise
Mail ? C.O.D.
d. esbicted Delivery? {Extra roe) 0 Y.
2. Article Number
(rraWWfromseMcelabel 7009 0080 0000 3632 7832
i Ps Form 3811, Februwy 2W4 Dom W Rdum PAOSO 102595-W-W1540
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK
Plaintiff,
NO. 07-7418
V. CIVIL ACTION-LAW
GLEN W. ELLIOTT, OD -, -;?
Defendant. iz,
_ -r) AFFIDAVIT OF SERVICE '.7
COMMONWEALTH OF PENNSYLVANIA ?c
ss A
COUNTY OF YORK
Before me, a Notary Public in and for said Commonwealth and County, personally
appeared Edward A. Paskey, of the law firm of Kagen, MacDonald & France, P.C., who
being duly sworn according to law deposes and says that he caused to be served upon
AmeriServ Financial, a copy of the Notice of Sheriff's Sale of Real Property Pursuant to
Pennsylvania Rule of Civil Procedure 3129 by causing a copy of said Notice of Sheriff's
Sale of Real Property Pursuant to Pennsylvania Rule of Civil Procedure 3129 to be sent
via Certified First Class Mail, addressed to AmeriServ Financial, 1501 Somerset Avenue,
2nd Floor, Windber, PA 15963-1745, Number 70090080000036327825, service being
effectuated on said Lien Holder as evidenced by a copy of the Return Receipt attached
hereto.
SWORN AND SUBSCRIBED to
bef a me this day
of [Vr, 2010..,/
Edward A. Paskey
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
NOT PUBLIC Trudy M. Goodman, Notary Public
SPrfnyetisbury TwP., York County
Commisaon EXOM Dec. 22, 2013
Member, PennSO"nla Assodation of Notaries
•
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Am,f I-5e r?' t'? Ylct r?c.l I
15c 1 ?? me - s?,
F?oor
d ??r )W 15?(? 3 ' 17 ?S
`t?' i Y1.
A. Signature
'
o
? Agent
X .i % ? Addressee
B. Received Printed Name) C. Date of Delivery
-MILIt f NIL-1- N181 Id
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
?cwufied mail ? Express mail
Registered C3 Return Receipt for Merchandise
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7009 0080 0000 3632 7825
(Tianster from service /ebd)
PS Form 3811, February 2004 Domestlc Return Receipt 102595-02-M-1540
Stephen M. Hladik, Esquire Attorney for Chesapeake Loan Servicing, LLC.
Attorney ID. 66287 Third Party Purchaser
KERNS, PEARLSTINE, ONORATO & HLADIK, LLP
298 Wissahickon Avenue
Upper Gwynedd, PA 19454
215-855-9521
215-855-9121
Ameriserv Financial Bank,
Plaintiff
V.
Glen W. Elliot, OD
In the Court of Common Pleas
County of Cumberland
Docket No: 07-7418
n
Z?l
Film
r C_
- M1
a
`_ ?
EXCEPTIONS TO PROPOSED SCHEDULE OF DISTRIBUTION
Third Party Purchaser, Chesapeake Loan Servicing, LLC (the "Third Party
Purchaser"), by and through its undersigned counsel, hereby submits these exceptions to
the Sheriff of Cumberland County's proposed schedule of distribution of funds related to
the Sheriffs Sale of certain real property identified below. In support thereof,
Chesapeake Loan Servicing, LLC avers as follows:
1. The real property that is the subject of these exceptions is known as 455
Stonehedge Mechanicsburg, PA 17055 (the "Property").
2. Defendants defaulted under a first mortgage lien held by Plaintiff, wherein
Plaintiff obtained a judgment in mortgage foreclosure, and exposed the Property to
judicial Sheriff s sale on March 3, 2010.
3. The Third Party Purchaser appeared at the scheduled Sheriffs sale, and
successfully bid on the Property for the amount of $100,000.00
4. The Third Party Purchaser complied with the terms and conditions of the
sale, and paid the total sum of $100,000.00- into the Sheriff of Cumberland County.
5. In accordance with the Rules of Civil Procedure, the Sheriff issued a
Proposed Schedule of Distribution of the funds that the Third Party Purchaser paid in (the
"Schedule"). A true and correct copy of the Schedule is attached hereto and marked as
Exhibit "A."
6. The title search to the Property indicates that there is a junior mortgage on
the Property, originated in the name of Commerce Bank.
7. The Schedule provides no payment to a junior mortgagee, but rather
proposes payment to the defaulting borrowers.
8. The subject junior mortgage was assigned from Commerce Bank to Metro
Bank, formally known as Metro Bancorp, Inc.
9. Counsel for Third Party Purchaser spoke with a representative of Metro
Bank, who confirmed that the debt had not been satisfied, but rather that the loan had
been sold again. The representative of Metro Bank informed counsel that she would
research and determine to whom Metro Bank sold the loan.
10. The representative of Metro Bank responded that the loan is currently
active and being serviced by Litton Loan Servicing, which has a present active
foreclosure being handled in this County. Therefore, all indices are that the loan remains
a viable and existing debt.
11. As such, these proceeds from Third Party Purchaser should not be
transmitted to the defaulting borrower. These funds rightfully belong to either the current
holder of that junior mortgage (i.e., the servicer, Litton Loan Servicing), and if the
address cannot be verified, the funds should be transmitted to the state Department of
Treasury pursuant to the Unclaimed Funds Process.
12. The Third Party Purchaser therefore files these exceptions to the
distribution so as to avoid any potential title issues or claims from the junior mortgagee in
the future.
13. In addition, there is an existing home owner's association (the
"Association") lien against the Property. The Schedule does not provide for payment of
any funds to the Association. As a lien, a portion of the Third Party Purchaser's funds
should be transmitted to the Association. Absent such payment, the Third Party
Purchaser may be otherwise liable for that debt when it otherwise should not be.
14. Accordingly, the Third Party Purchaser respectfully submits that the
Proposed Schedule of Distribution should be amended to (i) provide that surplus funds
should not go the defaulting borrower but rather the current holder of the junior mortgage
and (ii) that the Home Owner's Association's lien should be included.
WHEREFORE, Accordingly, the Third Party Purchaser respectfully submits that
the Proposed Schedule of Distribution should be amended to (i) provide that surplus
funds should not go the defaulting borrower but rather the current holder of the junior
mortgage and (ii) that the Home Owner's Association's lien should be included. A
proposed Order to such effect is submitted herewith.
Respectfully submitted,
Stephen M. Hladik, Esquire
r
2;13 UE`R 12 jtL
NIN
PHELAN HALLINAN AND SCHMIEG, LLP
By: JOSEPH P. SCHALK, ESQ.
Atty. I.D. No. 91656
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000 X?31o5
Ameriserv Financial Bank
Plaintiff
VS.
ATTORNEY FOR RESPONDENT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 2007-7418
Glen W. Elliott, OD
Defendant
EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION
PURSUANT TO PA.R.C.P. RULE 3136(d)
And now comes Respondent, Litton Loan Servicing, LP, by and through its counsel, Phelan
Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Respondent's Exceptions to Sheriff's
Sale Distribution of Proceeds for the following reasons:
1. The Respondent is Litton Loan Servicing, LP, is now the legal owner of that certain
Mortgage dated December 18, 2006 and recorded January 26, 2007 in Mortgage
Instrument No. 200701260002094, and is in the process of formalizing an assignment of
same. Attached hereto, made a part hereof and marked as Exhibit "A" is a true and correct
copy of the Assignment of Mortgage.
2. On March 3, 2010, the premises located at 455 Stonehedge Lane, Mechanicsburg, PA
17055 was sold at judicial sale pursuant to Writ of Execution issued out of the captioned
case.
• 3. At the judicial sale, the property was struck down to a third party bidder for the amount of
$96,000.00.
4. On or about March 29, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a
proposed Schedule of Distribution, which distribution list did not list the Respondent as to
receive any of the proceeds realized from sale. Attached hereto, made a part hereof and
marked as Exhibit "B"' is a true and correct copy of the Sheriff's proposed Schedule of
Distribution.
5. Respondent believes and therefore avers, that it is entitled to proceeds in the amount of
$83,872.68, as collectable under its Note and Mortgage relative to the mortgaged
property.
6. Respondent is entitled to be paid these sums from distribution of the sale proceeds in this
matter as the amounts currently due to Respondent under its Note and Mortgage is in
excess of $151,832.03.
WHEREFORE, Respondent respectfully requests this Honorable Court enter an Order directing
distribution to the Respondent in the amount of $83,872.68.
Respectfully submitted,
PHELAN HALLINAN AN)) SCHMIEG, LLP
Date: April 9, 2010 B
Jos h . Sc alk, Esquire
Att ev or Plaintiff
PHELAN HALLINAN AND SCHMIEG, LLP
By: JOSEPH P. SCHALK, ESQ.
Atty. I.D. No. 91656
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
Ameriserv Financial Bank
Plaintiff
VS.
Glen W. Elliott, OD
Defendant
ATTORNEY FOR RESPONDENT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 2007-7418
BRIEF IN SUPPORT OF PLAINTIFF'S
EXCEPTIONS TO DISTRIBUTION
1. FACTUAL BACKGROUND
The Respondent is Litton Loan Servicing, LP, is now the legal owner of that certain Mortgage
dated December 18, 2006 and recorded January 26, 2007 in Mortgage Instrument No. 200701260002094,
and is in the process of formalizing an assignment of same.
The property was sold at the March 3, 2010 Sheriff's Sale to a third party for the sum of
$96,000.00.
On or about March 29, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed
Schedule of Distribution, which distribution list did not list the Respondent as to receive any of the
proceeds realized from sale.
II. • LEGAL AUTHORITY
Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s
proposed Schedule of Distribution within ten days. In the instant case, Respondent filed timely
exceptions.
This Court has plenary power to administer equity according to well settled principles of equity
jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A, 779, 116 Pa. Super.
101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power
conferred upon them without encouraging technical niceties in the modes of procedure and forms of
pleading. Gunnett v. Trout, 112 A.2d, 333, 380 Pa. 504 (1955).
As such, Respondent submits that this Court should exercise it equity and discretion to allow the
instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale
in this matter.
WHEREFORE, Respondent respectfully requests this Honorable Court enter an Order directing
distribution to the Respondent in the amount of $83,872.68.
Respectfully submitted,
Date: April 9, 2010
PHELAN HALLINAN AND SCHMIEG, LLP
EXHIBIT "A"
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor"
the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money
unto it in hand paid by LITTON LOAN SERVICING, LP, "Assignee," the receipt whereof is acknowledged, has granted,
bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN
Indenture of Mortgage given and executed by GLEN ELLIOTT to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANKIHARRISBURG, N.A, bearing the date
12/12/2007, in the amount of S153,000.00, together with the Note and indebtedness therein mentioned, said Mortgage being
recorded on 01107/2008 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Instrument No.
200800667, MIN: 100395400777821557.
Being Known as Premises: 455 STONEHEDGE LANE, MECHANICSBURG, PA 17055-7010
Parcel No: 42-10-0646-019-421455
The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the
Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public
notice of what has been sold.
Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow
due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents
thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same:
TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned
and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and
behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named,
and his/her/their heirs and assigns therein.
IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly
executed by its proper officers this Vh day of April 2010.
Mortga trapi Re ' a "on Systems, Inc.
By:
Sealed and Delivered Michele M Bradfo d, As 'start Secre and V? resident
in the presence of us;
State of Pennsylvania
ss.
County of Philadelphia
On this day of 42!:d 20-1-0., before me, the subscriber, personally appeared
Michele M Bradford, who acknowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic
Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Stamp/Seal: Notary P (blic
The precise address of the within named After recording return to:
Assignee is: Phelan Hallinan & Schmieg, LLP
4828 LOOP CENTRAL DRIVE 1617 JFK Boulevard, Suite 1400 April 9, 2010
HOU N X 77081-2226 One Penn Center Plaza Document Execution
By: Philadelphia, PA 19103 19530260
signee) PHS # 233954
COMMONVAMTN CW CE M VANW
NOTARIAL SEAL
RYAN P. GALVIN, Nobly Rft
City of Fhk 00"
My COMMIasion EM!Ms December 21, 2012
EXHIBIT "B"
Apr. 9. 2010 2:24PM
SCHIEDULE OF DISTRIBUTION
Date Filed: 3/29/10
Writ No. 2007-7418 Civil Term
Ameriserv Financial Bank
Vs
Glen W. Elliott, OD
455 Slonehedge Lane
Mechanicsburg, PA 17055
Sale Date: March 3, 2010
Buyer: Chesapeake Loan Servicing, LLC
Bid Price: $ 96,000.00
Real Debt: $ 10,240.32
Interest 57.36
Attorney Wilt Costs: 54.00
No, 1601 P. 2
Total Due: $ 10,351.68
DISTRIBUTION:
Receipts:
Cash on Account (11/25/2009): $ 1,500.00
Cash on Account (03/03/2010): 9,600.00
Cash on Account (03/19/2010): 91,900.78
Total Receipts: S 103,000.78
9. 2010 2:24PM N0.7601
Disbursements:
ShcriJTs Costs $ 2,792.12
Legal Search 300.00
Transfer Tax State 1,640.39
Transfer Tax Local 1,640.39
Marlin Yohn, Upper Allen Tax Collector 535.60
Upper Allen Township (Sewer/Refuse) 367.92
Attorney Edward Paskey 1,500.00
Ameriseiv Financial Bank 10,351.68
Glen W. Elliott, OD 83,872.68
Total Disbursements: (S 103,000.78)
Balance for distribution: 00.00
So Answers:
Z
•.v j
nny R. Amts +A E+ AW."! r.
Sheziff
P. 3
VERIFICATION
I, Joseph P. Schalk, Esquire, hereby state that I am the attorney for the Respondent
herein and am authorized to make this verification. I hereby verify that the information
contained in Respondent's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P.,
3136(d) is true and correct to the best of my knowledge, information and belief. I am aware
that this verification is made subject to the penalties of 18 Pa. C.S. 44904 relating to unsworn
falsification to authorities.
Respectfully
P
Date: April 9, 2010 By:
ose h P. chat , Esquire
Atto nev r Plaintiff
r N HALLINAN AND SCHMIEG, LLP
SEPH P. SCHALK, ESQ.
LD. No. 91656
Penn Center Plaza, Suite 1400
idelphia, PA 19102-1799
1 5(1-7nnn
Ameriserv Financial Bank
Plaintiff
vs.
Glen W. Elliott, OD
ATTORNEY FOR RESPONDENT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 2007-7418
Defendant
CERTIFICATE OF SERVICE
I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale
was served by regular mail on:
GLENN W. ELLIOTT, OD
455 STONEHEDGE LANE
MECHANICSBURG, PA 17055
Respectfully submitted,
PHELAN HALLINA AN S
Date: April 9, 2010 BY
ose P. chalk, squire
Atto ev r Plaintiff
LLP
t s
F{; ?.'
'PY
TIJ
20 10 AP? 15 Pil 1: 4 J
PHELAN HALLINAN & SCHMIEG, LLP
BY: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
_(215) 563-7000
Ameriserv Financial Bank
Plaintiff
v.
Glen W. Elliot
Defendant
TO THE PROTHONOTARY:
PRAECIPE
ATTORNEY FOR
LITTON LOAN SERVICING, LP
: Court Of Common Pleas
: Civil Division
: Cumberland County
: No. 2007-7418
Plaintiff hereby withdraws the Exc tions to Distribution which were filed on
April 9, 2010.
Date: _ ildl NA
h le M. B df , Esquire
Attorney for Litton Loan Servicing, LP
10. - .+
PHELAN HALLINAN & SCHMIEG, LLP
BY: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Ameriserv Financial Bank
Plaintiff
V.
Glen W. Elliot
Defendant
ATTORNEY FOR PLAINTIFF
: Court Of Common Pleas
: Civil Division
Cumberland County
: No. 2007-7418
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to
Withdraw Exceptions to Distribution was served by regular mail to the person on the date
listed below:
Glen W. Elliot
455 Stonehedge Lane
Mechanicsburg, PA 17055-7010
Sheriff of Cumberland County
One Courthouse Square
Carlisle, PA 17103-3387
Denver E. Wharton, Esquire
360 Stonycreek Street
Johnstown, PA 15901
Date: 4114110
Steve M. Hladik, Esquire
PO Box 1489
North Wales, PA 19454-0489
(Attorney for Sheriffs Sale Purchaser)
v&p
By:
MBra ford, Esquire
Attorney for Litton Loan Servicing, LP
Stephen M. Hladik, Esquire Attorney for Chesapeake Loan Servicing, LLC.
Attorney ID. 66287 Third Party Purchaser
KERNS, PEARLSTINE, ONORATO & HLADIK, LLP
298 Wissahickon Avenue
Upper Gwynedd, PA 19454
215-855-9521
215-855-9121
Ameriserv Financial Bank,
Plaintiff
V.
Glen W. Elliot, OD
In the Court of Common Pleas
County of Cumberland
Docket No: 07-7418
PRAECIPE TO WITHDRAW EXCEPTIONS TO THE
PROPOSED SCHEDULE OF DISTRIBUTION
TO THE PROTHONTARY:
N
Cz
-c` r7
x.•
7l
sv ? `
v
urn to ?
v
Kindly withdraw the Exceptions to the Proposed Schedule of Distribution that was filed
by Chesapeake Loan Servicing, LLC.
Dated: 4-15-2010
22. Judgment against Glen W. Elliott, OD in the amount of $20,021.57 in favor of
Ameriserve Financial Bank entered December 10, 2007 to No. 2007-7418.
23. Subject to the Declaration in Misc. Book 681, Page 4605, amended in Misc. Book
683, Page 1211, amended in Misc. Book 686, Page 4179, amended in Misc. Book 689,
Page 2894, amended in Misc. Book 691, Page 1731, amended in Misc. Book 694, Page
2202, amended in Misc. Book 697, Page 3474, amended in Misc. Book 698, Page 4720,
amended in Misc. Book 701, Page 3918, amended in Misc. Book 702, Page 4240,
amended in Misc. Book 705, Page 4076, amended in Misc. Book 707, Page 2095,
amended in Misc. Book 708, Page 1847, amended in Misc. Book 708, Page 4537,
amended in Misc. Book 709, Page 729 and subject to any further or additional
amendments.
24. Subject to all building setback lines, easements, notes, conditions, restrictions and all
other matters appearing in the Plan of Phase 2 of Stonehedge recorded in Plan Book 85,
Page 42.
25. Subject to all building setback lines, easements, notes, conditions, restrictions and all
other matters appearing in the right-of-way Plan in Plan Book 12, Page 142.
26. Subject to the rights of others in and to any common elements or limited common
elements.
27. Subject to the easement of any partition wall or walls.
28. Subject to the rights granted PPL Electric Utilities Corp in Misc. Book 700, Page 4761.
29. Subject to the rights granted United Water of Pennsylvania in Misc. Book 701, Page 849
and in Misc. Book 708, Page 1404.
30. Subject to the rights granted Verizon Pennsylvania, Inc. in Misc. Book 706, Page 2872
and in Misc. Book 708, Page 2561.
31. Subject to the declaration of reciprocal easements in Misc. Book 708, Page 4545.
32. Subject to the Certificate of Completion in Miscellaneous Book 702, Page 4238.
The undersigned shall not be bound by this Title Report to any person, firm or entity
other than the Sheriff of Cumberland County.
Snelbaker & Brenneman, P. C.
By.
Keith O. Brenneman
-3-
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson"
Sheriff
Jody S Smith `
Chief Deputy
Edward L Schorpp Ty
Solicitor
Ameriserve Financial Bank
vs.
Glen W Elliott, OD
Case Number
2007-7418
SHERIFF'S RETURN OF SERVICE
12/22/2009 08:29 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on
December 22, 2009 at 2029 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Glen W. Elliott, OD, located at, 455
Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law.
01/26/2010 09:13 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
1126/10 at 2110 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Glen W. Elliott, OD, by making known
unto, Glen W. Elliott, OD, personally, at, 450 Stonhedge Lane, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same
03/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2010 at 10:00 o'clock A.M. He
sold the same for the sum of $96,000.00 to Regional Mortgage Servicing Company, being the buyer in thiE
execution, paid to Sheriff Ronny R. Anderson, the sum of $
04/16/2010 Objections to Schedule of Distribution received from Atty: Steven Hladik and Attorney Joseph Schalk this
date. cab
04/16/2010 Praecipe to Withdrawl Exceptions to Distribution received this date from Attorney Joseph Schalk. cab.
04/28/2010 Praecipe to Withdrawl Exceptions to Distribution received 4/27/10 from Attorney Stephen Hladik. cab
SHERIFF COST: $3,092.12 SO ANSWERS,
(?Z ? - za--
April 29, 2010 RON R ANDERSON, SHERIFF
(L y j V Y1
SCHEDULE OF DISTRIBUTION
AMENDED
Date Filed: 4/13/10
Writ No. 2007-7418 Civil Term
Ameriserv Financial Bank
Vs
Glen W. Elliott, OD
455 Stonehedge Lane
Mechanicsburg, PA 17055
Sale Date:
Buyer:
Bid Price:
Real Debt:
Interest
Attorney Wi
March 3, 2010
Chesapeake Loan Servicing, LLC
S96,000.00
$ 10,240.32
57.36
-it Costs: 54.00
Total Due: $ 10,351.68
DISTRIBUTION:
Receipts:
Cash on Account (11/25/2009): $ 1,500.00
Cash on Account (03/03/2010): 9,600.00
Cash on Account (03/19/2010): 91,900.78
Total Receipts: $ 103,000.78
Disbursements:
Sheriffs Costs
Legal Search
Transfer Tax State
Transfer Tax Local
Marlin Yohn, Upper Allen Tax Collector
Upper Allen Township (Sewer/Refuse)
Attorney Edward Paskey
Ameriserv Financial Bank
Litton Loan Servicing, LP
Stonehedge Home Owners Association
Total Disbursements:
Balance for distribution:
So Answers:
In ? R. Anderson
Sheri T
2,79112
300.00
1,640.39
1,640.39
535.60
367.92
1,500.00
10,351.68
82,081.22
1,791.46
($ 103,000.78)
00.00
r
SNELBAKER & BRENNEMAN, P. C.
ATTORNEY AT LAW
44 W. Main Street
Mechanicsburg, PA 17055
TITLE REPORT
TO: Sheriff of Cumberland County
RE: Sheriffs Sale, Writ No. 2007-7418
held March 3, 2010
EFFECTIVE DATE: March 3, 2010
PREMISES: 455 Stonehedge Lane, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania, Tax Parcel No. 42-10-0646-079-U21455 (the "Premises")
RECITAL: Being the same premises which Stonehedge Lane Associates by its Deed dated
December 29, 2003 and recorded January 2, 2004 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page 317,
granted and conveyed unto Glen W. Elliott.
The Premises identified above and as more fully described in the legal description
attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items
and exceptions. All recording and docket locations identified are in the Office of the Recorder of
Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County.
EXCEPTIONS:
1. Claims and charges for improvements and repairs to the Premises or delivery of materials
thereto for which payment has not been made.
2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments.
The rights or claims of any tenants or other parties in possession.
4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of
1997, as amended.
5. Any environmental liens or claims filed or on record in the Federal District Court.
6. Payment of state and local real estate transfer tax, if applicable..
R
7. Any secured transactions with respect to the Premises.
8. The area of the Premises is not certified.
9. Those matters which a view or inspection of the Premises would reveal.
10. The accuracy of the measurements and dimensions of the Premises or the rights or title of
or through any person or persons in possession of same, conflicts with adjoining
property, encroachments, projections or any other matter disclosed by an accurate survey
of the Premises.
11. The right of use as may be determined by any applicable municipal zoning ordinance or
regulation.
12. Any matter not of record at the Court House as of the effective date of this Title Report
and subsequent to the date hereof.
13. Any tax increase based on additional assessment made by reason of new construction or
major improvements.
14. The absence or failure of proper and required notice being given to all owners and
holders of liens and encumbrances intended to be divested by the Sheriffs sale and
procedural defects by any judgment creditor or lienholder executing on the Premises
giving rise to the Sheriffs sale noted above.
15. Identity and legal competency of all parties at any closing or conveyance of the Premises
should be established.
16. Access to the Premises by public road or street is not certified.
17. Suitability or existence of sewer and water facilities on or available to the Premises is not
certified.
18. Real Estate taxes on the Premises due and payable but not turned over for collection to
the Tax Claim Bureau.
19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate
taxes accruing on and after January 1, 2010.
20. Subject to the spousal rights, if any, of any spouse of Glen W. Elliott.
21 Mortgage in the amount of $153,000.00 from Glen W. Elliott to Commerce
Bank/Harrisburg, N.A. dated December 12, 2007 and recorded January 7, 2008 to
Instrument No. 200800667.
-2-
22. Judgment against Glen W. Elliott, OD in the amount of $20,021.57 in favor of
Ameriserve Financial Bank entered December 10, 2007 to No. 2007-7418.
23. Subject to the Declaration in Misc. Book 681, Page 4605, amended in Misc. Book
683, Page 1211, amended in Misc. Book 686, Page 4179, amended in Misc. Book 689,
Page 2894, amended in Misc. Book 691, Page 1731, amended in Misc. Book 694, Page
2202, amended in Misc. Book 697, Page 3474, amended in Misc. Book 698, Page 4720,
amended in Misc. Book 701, Page 3918, amended in Misc. Book 702, Page 4240,
amended in Misc. Book 705, Page 4076, amended in Misc. Book 707, Page 2095,
amended in Misc. Book 708, Page 1847, amended in Misc. Book 708, Page 4537,
amended in Misc. Book 709, Page 729 and subject to any further or additional
amendments.
24. Subject to all building setback lines, easements, notes, conditions, restrictions and all
other matters appearing in the Plan of Phase 2 of Stonehedge recorded in Plan Book 85,
Page 42.
25. Subject to all building setback lines, easements, notes, conditions, restrictions and all
other matters appearing in the right-of-way Plan in Plan Book 12, Page 142.
26. Subject to the rights of others in and to any common elements or limited common
elements.
27. Subject to the easement of any partition wall or walls.
28. Subject to the rights granted PPL Electric Utilities Corp in Misc. Book 700, Page 4761.
29. Subject to the rights granted United Water of Pennsylvania in Misc. Book 701, Page 849
and in Misc. Book 708, Page 1404.
30. Subject to the rights granted Verizon Pennsylvania, Inc. in Misc. Book 706, Page 2872
and in Misc. Book 708, Page 2561.
31. Subject to the declaration of reciprocal easements in Misc. Book 708, Page 4545.
32. Subject to the Certificate of Completion in Miscellaneous Book 702, Page 4238.
The undersigned shall not be bound by this Title Report to any person, firm or entity
other than the Sheriff of Cumberland County.
Snelbaker & Brenneman, P. C.
By. _
Keith O. Brenneman
-3-
Writ No. 2007-7418 Civil
Ameriserve Financial Bank
VS.
Glen W. Elliott, OD
Atty: Edward Paskey
ALL that certain Unit, being Unit
No. 455 (the "Unit") of Stonehedge,
A Townhome Condominium (the
"Condominium"), located in Upper Al-
len Township, Cumberland County,
Pennsylvania, which Unit is desig-
nated in the Declaration of Condo-
minium of Stonehedge, A Townhome
Condominium (the "Declaration of
Condominium") and Declaration
Plats and Plans recorded in the Office
of the Cumberland County Recorder
of Deeds in Miscellaneous Book 681,
Page 4605 and Right of Way Plan
Book 12, Page 142 respectively, to-
gether with any and all amendments
thereto.
TOGETHER with the undivided
percentage interest in the Common
Elements appurtenant to the Unit
as more particularly set forth in the
aforesaid Declaration of Condomini-
um, as last amended..
TOGETHER with the right to use
the Limited Common Elements ap-
plicable to the Unit being conveyed
herein, pursuant to the Declaration
of Condominium and Declaration
Plats and Plans, as last amended.
Under and Subject to any and all
covenants, conditions, restrictions,
rights-of-way, easements and agree-
ments of record in the aforesaid
Office, the aforesaid Declaration of
Condominium and matters which
a physical inspection and survey
of the Unit and Common Elements
would disclose. BEING part of the
same premises which Wesley Affili-
ated Services, Inc successor to The
United Methodist Homes for the Ag-
ing, Inc., by deed dated May 23 2001
and recorded in Cumberland County
Deed Book 245. Page 354. granted
and conveyed unto Stonehedge Lane
Associates, a Pennsylvania limited
partnership, Grantor herein.
PROPERTY ADDRESS: 455 Stone-
hedge Lane, Mechanicsburg, PA
17055.
EXHIBIT A
i
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK NO. 07-7418
Plaintiff,
V. CIVIL ACTION-LAW
GLEN W. ELLIOTT, OD
Defendant.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
AFFIDAVIT PURSUANT TO RULE 3129.1
Ameriserv Financial Bank, plaintiff in the above action, sets forth as of the date of the
praecipe for the Writ of Execution was filed to following information concerning the real
property located at:
1. Name and address of Owner or Reputed Owner:
Name:
Glen W. Elliott, O.D.
2. Name and address of Defendant in the Judgment:
Name:
Glen W. Elliott, O.D.
Address:
455 Stonehedge Lane
Mechanicsburg, PA 17055
(last known address)
Address:
455 Stonehedge Lane
Mechanicsburg, PA 17055
(last known address)
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name: Address:
Ameriserve Financial Bank.
1501 Somerset Avenue, 2nd Floor
Windber, PA 15963-1745
4. Name and address of the last recorded holder of every mortgage of record:
Name:
MERS Nominee for
Commerce Bank
Address:
3951 Union Deposit Road
Harrisburg, PA 17109
5. Name and address of every other person who has any record lien on their property:
Name:
None.
Address:
6. Name and address of every other person who has any record interest the property
and whose interest may be affected by the sale:
Name:
None.
Address:
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name:
None
Address:
I verify that the statement made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 PA C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date:
illo:4)(L
KAGEN, MACDONALD & FRANCE, P.C.
Edward A. Paskey, Es wire
Attorney ID No. PA 80304
2675 Eastern Blvd.
York, PA 17402-2905 _
Phone: (717) 757-4565
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK NO. 07-7418
Plaintiff,
V.
GLEN W. ELLIOTT, OD
Defendant.
CIVIL ACTION-LAW
NOTIrc nc: cy?oicG'S cni C
IY VL. VI VI L-1\11 1 V.'ll-L
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday,
March 3, 2010, in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURTHOUSE, 1
Courthouse Square, Carlisle, PA "I 70 13 at i u:vv AM, prevailing local time.
THE PROPER-[ Y TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
455 Stonehedcie Lane, Mechanicsburg. Pennsvivania 17055
to:
THE JJDGMENT under or pursuant to which your pr opeity is being sold is docketed
07-7418
The name of the owner or reputed owner of this property is:
Glen W. Elliott, O.D
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the sale
received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and
municipalities that are owed taxes), will be filed by the Sheriff within thirty (30) days after
the sale and distribution of the proceeds of sale in accordance with this schedule will, in
fact, be made unless someone objects by filing exceptions to it within ten (10) days of the
date it is filed. Information about the schedule of distribution may be obtained from the
Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, 1 Courthouse
Square, Carlisle, PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause
your property to be held to be. sold or taken to pay the judgment. You may have legal
rights to prevent your property form being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET'
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
o
P II?,one °nn ' V 99n ' n.7 ?1 0)
VI IG VVVV
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court
if you are aware of a legal defect in the obligation or procedure used against you.
2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper
cause. This petition must be filed before the Sheriff's deed is delivered.
3. A petition or Petitioners raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland
County at one of the Court's regularly scheduled business court sessions. The petition
must be served on the attorney for the creditor at least two (2) business days before
presentation to the Court and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 before presentation of the
petition to the Court.
r ?7-?
Edward A. Paskey, Esqu`1e
IN COURT OF COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA
AMERISERV FINANCIAL BANK NO. 07-7418
Plaintiff,
V.
GLEN W. ELLIOTT, OD
Defendant.
CIVIL ACTION-LAW
NOTICE TO PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more
mortgage, judgment or tax liens against the real estate of Glen W. Elliott, O.D.
MERS Nominee for :
Commerce Bank, N.A.
3951 Union Deposit Road
Harrisburg, PA 17109
You are hereby notified that on Wednesday, March 3, 2010, at 10:00 o'clock AM,
prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas
of Cumberland County, Pennsylvania, on the judgment of Ameriserv Financial Bank v.
Glen W. Elliott, O.D. 07-7418, the Sheriff of Cumberland County, Pennsylvania will expose
at Public Sale in the Sheriffs Office in the Court House,1 Courthouse Square, Carlisle,
Pennsylvania, real estate of Glen W. Elliott, O.D. known and numbered as 455
Stonehedge Lane, Mechanicsburg, PA 17055 A description of said real estate is hereto
attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County on April 2, 2010, and distribution will be made in accordance
with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested
by the sale and that you have an opportunity to protect your interest, if any, by being
notified of said Sheriff Sale.
Edward A. Paskey, Esquire,
II_ l9 - 1? Date
ALL that certain Unit, being Unit No. 435 (the "Unit"), of Stonehedge, A
Townhome Condominium (the "Condominium"), located in Upper Allen
Township, Cumberland County, Pennsylvania, which Unit is designated in the
Declaration of Condominium of Stonehedge, A Townhome Condominium (the
"Declaration of Condominium") and Declaration Plats and Plans recorded in.the
Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 681,
Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with
any and all amendments thereto.
TOGETHER with the undivided percentage interest in the Common
Elements appurtenant to the Unit as more particularly set forth in the aforesaid
Declaration of Condominium, as last amended.
TOGETHER with the right to use the Limited Common Elements
applicable to the Unit being conveyed herein, pursuant to the Declaration of
Condominium and Declaration Plats and Plans, as last amended.
UNDER AND SUBJECT to any -and all covenants, conditions,
restrictions, rights-of-way, easements and agreements of record in the aforesaid
Office, the aforesaid Declaration of Condominium, and matters which a physical
inspection and survey of the Unit and Common Elements would disclose.
BEING part of the same premises which Wesley Affiliated Services, inc.,
successor to The United Methodist Homes for the Aging, Inc., by deed dated
May 23, 2001 and recorded in Cumberland County Deed Book 245, Page 354,
granted and conveyed unto Stonehedge Lane Associates, a Pennsylvania limited
partnership, Grantor herein.
WRIT OF EXECUTION and/or ATTACHMENT['
COMMONWEALTH OF PENNSYLVANIA) NO 07-7418 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERISERV FINANCIAL BANK, Plaintiff (s)
From GLEN W. ELLIOTT, O.D.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) :hat: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $10,240.32 L. L. $.50
Interest -- $57.36
Atty's Comm % Due Prothy $2.00
Atty Paid $54.00
Plaintiff Paid
Date: I 1 /20/09
Other Costs
(Seal)
By:
REQUESTING PARTY:
Name: EDWARD A. PASKEY, ESQUIRE
Address: KAGEN, MACDONALD & FRANCE, PC
2675 EASTERN BLVD
YORK, PA 17402-2905
Attorney for: PLAINTIFF
Telephone: 717-757-4565
Supreme Court ID No: 80304
P- Lm?-
Long, Prot''hh/onota
P? L .
Deputy
On November 30 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen 'Township, Cumberland County, PA,
Known and numbered 455 Stonhedge Lane, Mechanicsburg,
more frilly described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: November 30, 2009
By:
eal Estate Coordinator 6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
f SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which CHESAPEAKE LOAN SERVICING LLC is the grantee the same having
been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ
Execution issued on the 20TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said
County as of Civil Term, 2007 Number 7418, at the suit of AMERISERVE FINANCIAL BANK against
GLEN W ELLIOTT is duly recorded as Instrument Number 2010110?
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 3 0 _ day of
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under .Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 22, Janu Z 29, and February 5 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r-
rte`..
r
isa Mar e Coyne, EdTA
SWORN TO AND SUBSCRIBED before me this
5 day of February, 2010
Notary
?x'n¢vnanu.xaa?r.,c.,crnetf 4Y, _,;/'tl JGl'tL ?_+???aWet.eeK?
A COLLINS
td: ' '?!k'LC ?
CAP ? "3F RLfi?.'!D ?lJ Y
Writ No. 2007-7418 Civil
?#menserve Financial Bank
6 !en 'V, Elliott, Oi?
Ain; Edward Paskev
ALL that certain Unit, being Unit
No. 455 (the "Unit") of Stonehedge,
A Townhome Condominium (the
"Condominium"), located in Upper Al-
len Township, Cumberland County,
Pennsylvania, which Unit is desig-
nated in the Declaration of Condo-
minium of Stonehedge, A Townhome
Condominium (the "Declaration of
Condominium") and Declaration
Plats and Plans recorded in the Office
of the Cumberland County Recorder
of Deeds in Miscellaneous Book 681,
Page 4605 and Right of Way Plan
Book 12, Page 142 respectively, to-
gether with anv and all amendments
thereto.
TOGETHER with the undivided
percentage interest in the Common
Elements appurtenant to the Unit
as more particularly set forth in the
aforesaid Declaration of Condomini-
um, as last amended
TOGETHER with the right to use
the Limited Common. Elements ap-
plicable to the Unit being conveyed
herein, pursuant to the Declaration
of Condominium and Declaration
Plats and Plans, as last amended.
Under and Subject to any and all
covenants; conditions, restrictions,
rights-of-way. easements and agree-
ments of record in the aforesaid
Office, the aforesaid Declaration of
Condominium and matters which
a physical inspection and survey
of the Unit and Common Elements
would disclose. BEING part of the
same premises which Wesley Affili-
ated Services, Inc successor to The
United Methodist Homes for the Ag-
ing, Inc., by deed dated May 23 2001
and recorded in Cumberland County
Deed Book 245, Page 354. granted
and conveyed unto Stonehedge Lane
Associates, a Pennsylvania limited
partnership, Grantor herein.
PROPERTY ADDRESS: 455 Stone
hedge Lane. Mechanicsburg, PA
17055
The Patriot-News Co.
812 W 04zet'St.
Harrisburg, IPA 17101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIF=FS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
ZhePatr1*otjwXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
Sworn to and subscribed before me this 24 day of February, 2010 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal R
Sherrie L. Kisner, Notary Public
City Of Harrisburg, Dauphin County I
My Commission Expires Nov. 26, 2011 J
01/22/10
01/29/10
02/05/10
Member, Pennsylvania Association of Notaries
Docket l+lea Aw: 2007-7418
Amerbsrve Financial Bank
vs.
Glen W Elliott, OD
Arty: Edward Paskey
ALL that certain Unit, being Unit No. 455 (the
"Unit") of Stonehedge, A Townhome
Condominium (the "Condominium"), located in
Upper Allen Township, Cumberland County,
Pennsylvania, which Unit is designated in the
Declaration of Condominium of Stonehedge, A
Townhome Condominium (the "Declaration of
Condominium") and Declaration Plats and Plans
recorded in the Office of the Cumberland
County Recorder of Deeds in Miscellaneous
Book 681, Page 4605 and Right of Way Plan
Book 12, Page 142 respectively, together with
any and all amendments thereto. TOGETHER
with the undivided percentage interest in the
Common Elements appurtenant to the Unit as
more particularly set forth in the aforesaid
Declaration of Condominium, as last
amended-TOGETHER with the right to use the
Limited Common Elements applicable to the
Unit being conveyed herein, pursuant to the
Declaration of Condominium and Declaration
Plats and Plans, as last amended. Under and
Subject to any and all covenants, conditions,
restrictions, rights-of-way, 'easements and
agreements of record in the aforesaid Office, the
aforesaid Declaration of Condominium and
matters which a physical inspection and survey
of the Unit and Common Elements would
disclose. BEING part of the same premises
which Wesley Affiliated Services, Inc successor
to The United Methodist "Homes for the Aging,
Inc., by deed dated May 23 2001 and recorded
in Cumberland County Deed Book 245, Page
354. granted and conveyed unto Stonehedge
Lane Associates, a Pennsylvania limited
partnership, Grantor berein.
PROPEM ADDRESS: 455 Stonehedge Lane,
Mechanic, PA 17055