HomeMy WebLinkAbout08-0707
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION nn
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. b%- r701 0,10( Trk
Plaintiff
V. : MORTGAGE FORECLOSURE
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants PREVIOUSLY ASSIGNED TO: N/A
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any money claimed
in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pro'ximos veinte (20)
dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad o otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013, 717-249-3166
I T
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
DOCKET NO. 0; - '707 lz ~
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT
The Plaintiff, PNC Bank, National Association, by its attorneys, McNees Wallace & Nurick
LLC, files this Complaint pursuant to Pa. R. Civ. P., Rule 1141 et seq., alleging in support hereof
the following:
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal
regional office located at 4242 Carlisle Pike, Camp Hill, PA 17011.
2. The Defendants, Christine E. Smith and Randall W. Smith, are adult individuals
whose last known address is 1105 Chelmsford Drive, Mechanicsburg, PA 17050.
3. The Defendants borrowed from and agreed to repay to the Plaintiff the principal
amount of $700,000 pursuant to a U.S. Small Business Administration Note dated March 4, 2004,
as amended by a First Amendment to U.S. Small Business Administration Note dated April 13,
2004 (together, the "Note"), true and correct photostatic reproductions of the originals of which are
attached hereto as Exhibit "A" and made a part hereof.
4. As security for the Loan, the Defendants executed and delivered to the Plaintiff a
Mortgage ("Mortgage") on the land and the buildings and improvements erected thereon located in
Lower Allen Township, Cumberland County, Pennsylvania, known as 3804 Gettysburg Road,
which is a commercial property that was used in the Defendants' business, and not the
Defendants' residence ("Property"). At all times relevant hereto, the Defendants were and remain
the record and sole owners of the Property. A description of the Property is attached hereto, made a
part hereof and marked Exhibit "B".
5. On June 29, 2004, the Mortgage was recorded in the Office of the Recorder of
Deeds of Cumberland County in Record Book 1856, Page 1412. A copy of the Mortgage is
attached hereto, made a part hereof and marked Exhibit "C".
6. The Mortgage was never assigned by the Plaintiff and is still held by it as a valid
and subsisting obligation of the Defendants.
7. Under the terms and conditions of the Note, the Defendants agreed to make monthly
payments to the Plaintiff beginning on April 4, 2004, and continuing on the 4th day of each month
thereafter.
8. The Defendants are in default under the Note for failure to make monthly payments
as and when due under the Note, and as a result of such default the entire outstanding balance of the
Loan, including all principal, interest, late charges, and other amounts payable under or in
connection with the Note and/or the Mortgage are due and payable in full.
9. The Defendants are presently indebted to the Plaintiff, as of January 28, 2008, in the
amount of $746,701.14 itemized as follows:
a. Principal $645,368.78
b. Interest $ 61,345.40
C. Late Charges $ 4,205.10
d. Property Searches $ 424.00
C. Credit Bureau Reports $ 22.16
f. Attorneys' Fees 35,335.70
TOTAL
$746,701.14
10. The Defendants also agreed under the terms of the Mortgage that in the event of
default thereunder they would pay, in addition to the charges listed in the paragraph 9 above, costs
incurred by the Plaintiff as a result of the institution of these legal proceedings.
11. The obligation owed by the Defendants to the Plaintiff continues to accrue interest
thereon at the rate of $119.35 per day, through the date of payment, including on and after the
entry of judgment on this Complaint, and continues to accrue late charges, attorneys' fees and
other charges provided in the Note and/or Mortgage.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against
Christine E. Smith and Randall W. Smith, Defendants, in the amount of $746,701.14, plus interest
at the rate of $119.35 per day, and in the amount of all additional late charges, attorneys' fees and
other charges provided in the Note and/or Mortgage, through the date of payment, including on and
after the date of entry of judgment.on this Complaint, and costs, and for foreclosure and sale of the
Property.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January3?' 2008 By:
4e-ee-Cour?t ff, Esquire
ID # 24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
V. : MORTGAGE FORECLOSURE
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Eric D. Krimmel, Vice President, for PNC Bank, National Association, being authorized
to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in
the foregoing pleading are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: 1I.L 0o -k' By: LC::) l
Eric D. Krimmel
Vice President
t
7
10
V
U.S. Small Business Administration
NOTE
to
SBA Loan # PLP 72107040-04
SBA Loan Name RANDALL AND CHRISTINE SMITH AND Our 3 G'S, INC. DBA GREENE'S CAMP HILL
Date 31y? y
Loan Amount 700,000.00
Interest Rate INITIAL INTEREST RATE 6.75% FIXED FOR 5 YEARS THEN FLOATING AT WSJ PRIME PLUS,2tn%
Borrower RANDALL AND CHRISTINE SMITH AND Our 3 G'S, INC. DBA GREENE'S CAMP HILL
Operating
Company
Lender PNC Bank, National Association
1. PROMISE TO PAY:.
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
SEVEN HUNDRED THOUSAND- -- ---.--?........_ `._ Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
I DEFDVMONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration; an Agency of the United States of America.
SBA Form W (GElOC3 M Veraim 4.1
Pace 1/6
Bankers Systems, inc., St Cloud, MN
I
/? lv?
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are;
This Note will mature in 18 years from date of Note.
The initial interest rate is 6,75 per year for 5 years. This initial rate is the prime rate on the date SBA received the
loan application, plus 2.75%. The interest rate on this Note will then begin to fluctuate as described below, The
interest rate must remain in effect until the first change period begins.
Borrower must pay interest on the disbursed principal balance plus principal of $5,606.75 every month, beginning
one month from the month this Note is dated; payments must be made on the same day as the date of this Note In
the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted monthly (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which the an interest rate
change occurs, as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 1.50% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives
Borrower notice of the change. The Initial interest rate must remain in effect until the first change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchase the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase. .
Late Charge. If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to
5% of the unpaid portion of the regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision in this note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market,
Borrower must:
a. Give Lender written notice;
b. Pay all accrued interest; and
c. If the prepayment Is received less than 21 days from the date Lender receives the notice, pay an amount equal to
21 days interest from the date Lender receives the notice less any interest accrued during the 21 days and paid
under subparagraph b., above.
attached page.
SBA Form 147 (06103!02) Version 41 Pace 2JO
Bankers Systems, Inc., St. Cloud, MN
SBA 147: Note Page 2 Continuation
Continuation of "..,"
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give
Lender a new notice.
Additional payment charges apply. When in any one of the first three years from the date of the Initial
disbursement Borrower voluntarily prepays more than 25% of the outstanding principal balance of the loan,
Borrower must pay to Lender on behalf of SSA a prepayment fee for the year as follows:
A: During the first year after the date on which the loan is first disbursed, 5% of the total prepayment amount;
B: During the second year after the date on which the loan is first disbursed, 3% of the total prepayment
amount; and
C. During the third year after the date on which the loan is first disbursed, 1 % of the total prepayment amount.
All remaining principal and accrued interest is due and payable 18 years from date of Note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of
up to 5.00% of the unpaid portion of the regularly scheduled pay
Page 1 Bankers Systems, Inc., St. Cloud, MN
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C... Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiver or liquidator appointed for any part of their business or property;
3. Makes an assignment for the benefit of creditors;
R. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor,
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the. Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
G Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
$BA Form 147 (oef0.4lo21 Ver" 4.1
page 305
Bankers Systems, Inc., St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use *state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any ofthem.
I- Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
SBA Forth 147 (061090) VerWM 4.1
Pepe 4M
Bankers Systems, Inc., St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WANES AND RELEASES ALL ERRORS W SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER
SHALL ELECT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT,
INTEREST, COSTS AND FEES.
Governing Law, Jurisdiction. This Note will be Interpreted and the rights and liabilities of the parties hereto determined
in accordance with the laws of the Commonwealth of Pennsylvania, excluding Its conflict of laws rules. The
Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided
that nothing contained in this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any
award or judgment or exerclsing any rights against the Undersigned, against any security or against any property of
the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue provided above Is the most convenient forum for both the Lender and the Undersigned and the Undersigned
waives any objection to venue and any objection based on a more convenient forum In any action instituted under this
Note. The Undersigned agrees that service of process in any such proceeding may be duly effected upon the
Undersigned by mailing a copy thereof by registered mail, postage prepaid, to the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
S8A Form 147 (MUM Version 4.1 Pepe 5m
Bankers Systems, Inc., St. Cloud, MN
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
RANDALL AND CHRISTINE SMITH AND Our 3 G'S, INC. DBA GREENE'S CAMP HILL
GJ
EPA Form 147 (08MUM Venton 4.1
-31Y10
3/y ?y
3/y14??
Pape 0
Bankers Systems, Inc., St. Cloud, MN
rwwru.L •r. Qm7Ir7, ORbKCIAI<T
•4 tit •4 •?.r.+..•
SX11 Business
Q PNCBAM
e
,tr^Q,ot
tt''•Y TO U.S. S1Vi(ALL BUSINESS ADMINISTRATION NOTE
• en eat' i?, d 2004, by and between (this
", Oe p ° RANDALL AND
?. ST1NE 5?.,1,? A
?• . • + U . „ t# ENVS CAMP DULL, (the "Borrower"), and PNC BANK
APOO ,NATIONAL
BACKGROUND
The,Borrow,er by excepted and delivered to the Bank (or a predecessor which is now known by
the BaWs name 0 set fFrtb ab?ve one or more promissory notes, letter agreements, loan agreements, security
agreements, mortgages, _pledge agreements, collateral assignments, and other a
'certificates and do greements, instruments,
cniitents, sgrlpe or n11 of which are more fully described on attached Exhibit A, which is made a
part of tFiis Amendment (collectively as amended from time to time, the "Loan Documents") which evidence or
secure soihe or all of the Borrower's obligations to the Bank for one or more loans or other extensions of credit
(the "Obligations").
S• The Borrower and the Bank desire to amend the Loan Documents as provided for in this
Amendment.
1?`4w, ' IEREF , RE, in consideration of the mutual covenants herein contained and intending to be
legally bound hereby, the parties hereto agree as follows:
1. Certain of the Loan Documents are amended as set forth in Exhibit A. Any and all references to
any Loan• Document in. any other I.Qan Document shall be deemed to refer to such Loan Document as amended
by this Amendment. This Amendment is deemed incorporated into each of the Loan Documents. Any initially
capitalized terms used in this Amendment without definition shall have the meanings assigned to those terms in
the Loan Documents. To the extent that any term or provision of this Amendment is or may be inconsistent with
aii? 'terni•or provision in any Loan Document, the terms and provisions of this Amendment shall control.
2«; The Boggwer hereby certifies that, (a) all of its representations and warranties in the Loan
Documents, as amended by this Amendment, are, except as may otherwise be stated in this Amendment: (i) true
And correct as of the date of thin Amendment, (ii) ratified and confirmed without condition as if made anew, and
(iii ineorporated'into this Amendment by reference, (b) no Event of Default or event which, with the passage of
tame .or *e giving of notice or ,both, would constitute an Event of Default, exists under any Loan Document
which witnot be cured by the execution and effectiveness of this Amendment, (c) no consent, approval, order or
authorization of, or registration or filing with, any third party is required in connection with the execution,
delivery.and carrying out, of this Amwndment or, if required, has been obtained, and (d) this Amendment has been
duly authorized, executed and delivered so that it constitutes the legal, valid and binding obligation of the
Borrower,' enforceable in accordance with its terms. The Borrower confirms that the Obligations remain
outstandiu without defense,• set off counterclaim, discount or charge of any kind as of the date of this
Amendment.
3, The Borrower hfre ' by confirms, that any collateral for the Obligations, including liens, security
interests; :mortgages; and' pledges granted by the Borrower or third parties (if applicable), shall continue
unimpaired and in full force and effect, and shall cover and secure all of the Borrower's existing and future
Form 17A - Multistate Rev. 1/02
„'??t'''??I ,?l ,. h'+?' ,':il; ;?. ?.r?Y?? ?' 'l.G+:,+'+x''01' 'y''•,R?,',?.; q.N;
is ? k';,;t$?F,?'1+'rirG...bt r s+'9 ' ?<' 'i••: .. - '. i,,, 61
j ;?bligatls f fig.$?,s t?uiyythis Amendment.
rh d.' r
Aso11:itot precedento the effectiveness of this Amendment, the Borrower shall comply
-with the ter}ps.#? d pogdAtI (ifr y,? specified in Exhibit A.
!?{ isc a;+esthe Bank to ec g igtq this-Amendment, the Borrower waives and releases and forever
ys ..,« , wg.,,o,,„ s? g •g} j. directots , attol•neys, agents, and employees from any liability , damage,
claw, .90
or eerise of aqy kind that it may have against the Bank or any of them arising out of or relating to
ri• o.` n :r n.
the bbu trons. '1=he A,orrgwjr furt}ler agrees to indemnify and hold the Bank and its officer directors,
att;?rne . 'Rents and. employees harmless from any loss, damage, judgment, liability or expense (including
attgtney 'fees ?4tffergd by-or rendered against the Bank or any of them on account of any claims arising out of
;; or LCIa to the?,Obli atiops.i, ;tho.,Borrower further states that it has carefully read the foregoing release and
+. ; indemtxtt?!, knows the cogterjtg t.bereof and grants the same as its own free act and deed.
This. Amendejetit may be. signed in any number of counterpart copies and by the parties to this
amendment oa, separafe counterparts, but all such copies shall constitute one and the same instrument. Delivery
+oi`an exuted poWnttpart of a sipnature page to this Amendment by facsimile transmission shall be effective as
`delivery;of a manually executed counterpart. Any party so executing this Amendment by facsimile transmission
shall promptly deliver a manually executed counterpart, provided that any failure to do so shall not affect the
validity ofthe counterpart executed by facsimile transmission.
TVs Amp.pdmegt will be binding upon and inure to the benefit of the Borrower and the Bank and
their respective heirs, executors, administrators, successors and assigns.
..
This Ainepdment.has been delivered to and accepted by the Bank and will be deemed to be made
in the $fte where the Bank's A.4e indicated in the Loan Documents is located. This Amendment will be
int?*'tid and the rights and liabilities of the parties hereto determined in accordance with the laws of the State
where t1ie,'Bank's office indicated in the Loan Documents is located, excluding its conflict of laws rules.
5. Except as amended. hereby, the terms and provisions of the Loan Documents remain unchanged,
are and shall remain in fill force and effect tmless and until modified or amended in writing in accordance with
their terms;, and are hel'eby ratified #nd confirmed. Except as expressly provided herein, this Amendment shall
not constitute an amendment, waiver, consent gr release with respect to any provision of any Loan Document, a
waiver ofany default or Bvent of Default under any Loan Document, or a waiver or release of any of the Bank's
rights and remedies (all.:of which are hereby reserved). The Borrower expressly ratifies and confirms the
confession. of judgment' (if applicable) and waiver of jury trial provisions contained in the Loan
Docun400. -
;' 2'_ Form 17A-Multistate Re
w. r` ... q ,?rst v. I/02
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';, ??oiyoitlis e ent as,a document under seal as of the date first
lS? hW 'Y Print Name: Randall Smith
Print Name: Christine E. Smtih
'I/Y Al
19AZZ 14- 2??
Prigt Name:,. LGSe-- lit A
Title: V,
ti .
Print NaYne: 1, f S (--Law-
Title:
OUR3 G'S INC. DBA GREENE'S
CAMP HILL
By
Aix 1%
Print Name: Christine E. Smith
Title: President
By: f
Print Name: Randall W. Smith
Title: Secretary
PNC BANK, NATIONAL ASSOCIATION
By: 06a0a
(SEAL)
Print Name: Ice h" -
Title:
' • 1
"?' ,Yh?1 a''?? < `' • ' r ?+ 3 Form 17A -- Multistate Rev. 1/02
_? ? ,? ';?s.?l-•• • ;. ,t..,?. rho ;+
Print NZe.: l ?.. hA
. ., r
.y+n' ;,. rR.It'iij!y1F:.u:.;11?^O''+?wMiry?w.lyr,.vr
AN DOCUMENTS
!? INOWNTIO
A$,OF. 2004
t(;ap• ?7hpcu?irits'?tat are, the subject of this Amendment include the following (as any of the
regoing have prev?odsly been amended, modified or otherwise supplemented):
1: U+, Sr4s' a Agnistration Note dated March 4, 2004 in the original principal amount
'f'Od,(1 ie te").
u.S. Siii0`J3usi vas Administration Unconditional Guarantee dated March 4, 2004, executed and
deHvsrQd'
Cr>stine. Smith
3- All other documents, instruments, agreements, and certificates executed and delivered in
conheotiori with the Login Documeaits listed in this Section A.
B. The repayment schedule on page 2 of the Note shall be amended as defined below:
This Note will mature in 18 years from date of Note.
The initial interest rate is 6.75 per year for 5 years. This initial rate is the prime rate on the date SBA
received the loan application, plus 2.75%. The interest rate on this Note will then begin to fluctuate as
d cribed below. The interest rate must remain in effect until the fast change period begins.
Borrower must pay?interest on the disbursed principal balance plus principal of $5,606.75 every month,
beginning one month from the month this Note is dated; payments must be made on the same day as the
date of this Note in the months they are due.
IAA der will apply each installment payment first to pay interest accrued to the day Lender receives the
payntent,'then to bring principal current, then to pay any late fees, and will apply any remaining balance to
reduce principal.
The interest rate will be adjusted monthly (the "change period").
TU "Prime Rate" i4 the prime rate in effect on the first business day of the month in which the an interest
ra'te'change occurs, as published in the Wall Street Journal on the next business day.
Ae adjusted interest rate will be 1.50% above the Prime Rate. Lender will adjust the interest rate on the
fist calendar day of each change period. The change in interest rate is effective on that day whether or not
Loader gives Borrower notice of the change. The initial interest rate must remain in effect until the first
change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining
tekn of the note.
If OBA purchase the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at
rats in efeot the hung of the earliest uncured payment default. If there is no uncured payment default,
` tl +.xatg comes 1" eo at ttie,tte in eli'ect at the time of purchase.
•x .{ ;, ;• , , ??•? ;?,,,,? ,,• »Y??, ?; + Form 17A-Multlatate Rev.1l02
1: tll[' r?•. .ri'•N :'NI' , ?3Q31., f ' d.,,, ! »ti?. ' t
' alb.-:., . ' 91?.Si?i.'.'L.•:rtl'. Y •.. YYs••. .?`L .. ?' w... ._ _._
<I *'i i{rirli??•.•vy'•I''r•'.?^ F, r.1: .I
• ' { •' •I•, F
Ld, Prepayment: '
Nolvvit6s ding any provision in this note to the contrary:
B owes may, prepay ' thl5 1VOtE. Borrower may prepay 20 Percent or less of the unpaid principal balance at
. •
aa'time without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the
trertdary market, Borrower must:
&" ive Lender written notice;
'b. Pay all accrued Qerest;?$nd..
C, Mlle prepayment is ;received less than 21 days from the date Lender receives the notice, pay an amount
tgttl to 2l days interest frotii'tlie date Lender receives the notice less any interest accrued during the 21
days and paid under subparagraph b., above.
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give
Lender a new notice.
ActilitionaI payment charges aptly. When in any one of the first three years from the date of the initial
disbursement Borrower voluntarily prepays more than 25% of the outstanding principal balance of the loan,
Borrower must pay to Lender on behalf of SBA a prepayment fee for the year as follows:
A. During the first year after the date on which the loan is first disbursed, 5% of the total prepayment
amount;
B: During the second year after the date on which the loan is first disbursed, 3% of the total prepayment
amount; and
C: During the third year after the date on which the loan is first disbursed, 1% of the total prepayment
amount.
All remaining principal and accrued interest is due and payable 18 years from date of note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of
up to 5.00% of the unpaid portion of the regularly scheduled payment.
C. Conditions to Effectiveness of Amendment: The Bank's willingness to agree to the amendments set forth
in this Amendment are subject to the prior satisfaction of the following conditions:
1. Execution by all parties and delivery to the Bank of this Amendment, including the attached
Consent.
2. Payment by the Borrower to the Bank of an amendment fee in the amount of $
A-S Forts 17A -Multistate Rev. 1/02
f , :Y ..I•,1 .I?Fg . 1 'I' :',' ` rr. rho ?'" Jt (r• .r??..??+y.?' ... . .xrp.2y'?:
-?s_'arM?? 1Ud11r.ii?;,?• r t i3 y I QV iWai t?r ?rr' ?.. ? „ r , 'I' ? "
A ?
I; f
the
andp
at?h
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UARMT
OR
4. a me arsntors (jointlI Ann, verally if more than one the "Gu a "
"b of the u ?j consents to
ov}sions of the fore? m Amendment (the "A?qgdment') and all prior amendments (f any) and confirms
lid $-,.., .,.,, :• ,
f , r !
that; (a)' the Guarantors o igations •iu er its US Small Business Administration Unconditional
u `s1&ted March" e,?- i;1ly li m6m.than one the "Guaran 1
or am
remain!
As mod
ty ), re at?ng to the Obligations
#g,ee?,,, be inilnpaired by the Amendment
(b) the Guarantor has no defenses, set
rcl ' disco is sir ?es_,of any kind against the Bank, its officers, directors, employees, agents - U'?
respect to the Guaranty; and (c) all of the terms, conditions and covenants in the Guaranty
:eyed, aW is full force acid 'eiTect and are hereby ratified and confirmed and apply to the Obligations,
by the Amendment.' The Guarantor certifies that all representations and warranties made in the
it"rue and correct. '
Tbe Guarantor he' b ? confirms
y $at any collateral for the Obligations, including liens, security interests,
Frgei., and pledges granted li'the Guarantor or third parties (if applicable), shall continue unimpaired and in
ce and effect, shail cover and, secure all of the Guarantor's existing and future Obligations to the Bank, as
fied by this Ameadniont.
By signing below, each Guarantor who is an individual provides written authorization to the Bank or its
designee (and any assignee or potential assignee hereof) to obtain the guarantor's personal credit profile from one
i ot••tnore' Wfional credit 1*rea0s: Such authorization shall extend to obtaining a credit profile for the purposes of
update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting
account. "A photocopy or'facsimile copy of this authorization shall be valid as the original. By signature below,
each sudkGuarantor affir nsi his/her identity as the respective individual(s) identified in the Guaranty,
The Gusraptpr atif`es #44 coAtrms the indemnification, confession of judgment (if applicable)
rind waiver of jury trial provlsloin's contained in the Guaranty.
''' mns thi due e4ecution of this Consent as a document under seal as of the date of this
Amendment, intending to be legally bound hereby.
WITNESS / ATTEST:
wl „
Print Name: LGf.., 41*4d? (Individual)
Print Name: Randall Smith
Print Name: ?-- h wd victual)
Print Name: Christine E. Smith
i
Form 17A - Multistate Rev. 1/02
ALL THOSE CERTAIN four tracts or parcels of land and premises, situate, lying and being in the
Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRAC3' NO. 1: BEGINNING at a point in the center line of the Gettysburg Road, a/k/a L.R.
210099, which point is in the Eastern line of the tract of land of which the tract described was
formerly a part; thence in the center line of said highway, South sixty-two (62°) degrees eighteen
(18') minutes West seventy-seven and four tenths (77.4') feet to a point; thence by other lands now
or formerly of Sophia E. Emlet, widow, North twenty-seven (27°) degrees forty-two (42') minutes
West eighty-five (85') feet to a point which is the Southwest corner of the lot heretofore conveyed
to Paul P. Hiner and Carrie M. Hiner; thence by said lot, North sixty-two (62°) degrees eighteen
(18') minutes East seventy-seven and four tenths (77.4) feet; thence South twenty-seven (270)
degrees forty-two (42') minutes East eighty-five (85') feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point in the center of an existing driveway at the intersection
of the Eastern line of the tract of which this was formerly a part and the Northern line of other
property now or formerly of Paul P. and Carrie M. Hiner; thence in the center line of said driveway
or an extension thereof, North twenty-seven (27°) degrees forty-two (42') minutes West twenty-eight
(28') feet to a point; thence by other lands now or formerly of Sophia E. Emlet, widow, South sixty-
two (62°) degrees eighteen (18') minutes West seventy-seven and four tenths (77.4') feet to a point;
thence by the same South twenty-seven (271) degrees forty-two (42') minutes East twenty-eight (28')
feet to a point at the northwest corner of the lot heretofore conveyed to Paul P. and Carrie M. Hiner;
thence by the Northern line thereof, North sixty-two (62°) degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4') feet to the place of BEGINNING.
TRACT NO. 1: BEGINNING at a point on the dividing line between the property of Paul E. and
Sophia E. Emlet, and property now or formerly of H. B. Baker, which point is eighty-five (85') feet
from a point in the center line of the Harrisburg-Gettysburg Highway, formerly U.S. Route 15, said
distance being measured along a course North twenty-seven (270) degrees forty-two (42') minutes-
West from the center line of said highway , said point in the center of said highway being two
hundred forty-two and four tenths,(242.4') feet from the Northeast intersection of Orchard Avenue
and said State Highway; thence from said point of Beginning along lands now or formerly of Paul
E. and Sophia E. Emlet, of which the lot described was formerly a part, South sixty-two (62°)
degrees eighteen (18') minutes: West seventy-seven and four tenths (77.4') feet to a pin; thence along
the same, North twenty-seven (27°) degrees forty-two (42') minutes West, one hundred fifty-three
(153') feet to a pin; thence by the same, North sixty-two (62°) degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4') feet to a point in line of lands now or formerly of H. B. Baker;
thence by the same South twenty-seven (270) degrees forty-two (42') minutes East, one hundred
fifty-three (153') feet to the place of BEGINNING.
TRACT NO.4: ALL THAT CERTAIN lot of ground located on the North side of Gettysburg
Road known as L. R. 21099, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of said road, which point is in the western line of Tract No.
1 of two tracts of land conveyed to Paul P. and Carrie M. Hiner by Deed dated October 12, 1967;
thence in the center line of said highway South sixty-two (62°) degrees eighteen (18') minutes West
seventy-one (71') feet to a point; thence by an existing concrete wall North twenty-seven (270)
degrees forty-two (42') minutes West two hundred sixty-six (266') feet to a point; thence North
sixty-two (62°) degrees eighteen (18') minutes East seventy-one (71') feet to a point, which point
is at the northwest corner of Tract No. 2 conveyed to Paul P. and Carrie M. Hiner by Deed dated
October 12,1967; thence along property of Paul P. and Carrie M. Hiner South twenty-seven (2711)
degrees forty-two (42') minutes East two hundred sixty-six (266') feet, to the place of
BEGINNING.
Xh????- "(3"
RECORDATION RECUESTED By,.
•PNC Bank, National Association
Rusheas Banking -
ar
8500 Tlnlourn Boulavard ,V, OMONWEALTH of P
Pirdadaip)da, PA 75153 ^,ounhr Of CUMBERLAND ?1h.VA(1l? } 8$
I R3obert P. ZI0910r, FIe00111W. do iterely
WHEN RECORDED MAIL T00041N that the faegotrg h a Iris ara
PNC ?
Bank KWOW Anne as
Attnr ollateral Deparbnant Y VbL !o
5500 71nicum Boulevard ssrd ??
Philadelphia, PA 19153 0
M5f Golafattalon Elmlrert t o#
..-ipv 7
i RT P. ZIEGLER
:? ?CitGErt OF DEEDS
N MR 5 PM 1 25
"L/ ? 4 "
OPEN - END MORTGAGE
TH S MORTGAGE SECURES FUTURE ADVANCES
THIS MORTGAGE dated 0 , IS made and executed between .CHRI"NE E. SMITH, and RANW. SMITH, whose address is 3804 GEMSBURG ROAD, CAMP HILL, PA 97011 (referred to below as "Qrentor,)
and PNC Bank, National Association, whose address Is 8800 Tinicum Boulevard, Philadelphia, PA 19153 (referred
to below as "Lender"I.
GRANS' OF MORTGAGE. For valuable consideredoM Grantor
mortgages to Lender all of Grantor in right, grants, bargains, sops, convoys, cosigns, trarnfets, releases, confirms and
subsequently erected or affixed butldght, title' and Internet in and to the rogowing described real pro
way, all liberties, Privileges, tenements, Improvements and fbuturee; all streets, lanee, alloys, ice' 1OQe?r nth all
way, l liberties,
and remainder with respect • hsredltaments, and appurtenances thereunto belonging passages, and waysr all easements, rights of
o:asdns or aid the
irrigation rights}: and an other ri rtthea? off water, wow noire or rights (Including s mods astock In uti hies with
pM rights, the Mal and ditch rights without limitation snick n all mi with ditch or
coothwmai and similar matters, (the 1'Rial Property) locate CUM13ER 1) Ina sty, without ith atl nuinerais, oU, ,
S? EXHIBIT "A", which is attached to this Mortgage and made a Part noi this M onwealth of Pennsylvaltla".
herein.
The Real PropertyPror its address b o?a9e as If fully set forth
. The Rod ?molr+>y? Im
ots parcel idenfttl ral number r [a #
17011 own 3804, y 6 e? R - ? OF LOWER ALLEN, PA
Grantor proeently essigna to Lander alt of Orsrrtor's
from the prepsrty,, In addition. ndrrtOr Ngh4 title' and Interest Inand to an prgas
int And
of the grants to Lender a Uniform Commercial Code sec ity interest in?thee Personal Prop" and all Rents
THIS MORTGAGE. INCLUDINQ THE ASSIGNMENT OF RENTS AND THE SECURITY operty and Rants.
INTEREgy OWEN TO SECURE (A) PAYMENT OF THE WDEgTMESS AND (B) PERFORMANCE OF ANY AND ALL 0111MATIONS: THE ORIGINAL PRINCIPAL AMOUNT OF $700.000,00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MO
AND ACM I SD ON THE FOLLOWING TERMS: RINIDEIR Me NOTE IN
GRANTOR'S WgryEDg, grantor waives all rights or defenses arlsing " RTQAQE IS GIVEN
which may prevent Lander from bringing any action r defenses
Grantor, Incl by reason of any one action" or "arrd-doficlsncy" law, or
a wer for deficiency, before or after Lender's conrnenoemant or uding a claim for deficiency to the extent Ls any other law
power of gala. completion of any foreclosure Action, either udi aoi Is oorr y o e as o to
GIRANTOR'S REPRESENTATIONS AND W ? Y ,by sxercks of a
R request of Lander, tb) IONS r gas WARRANTIES. Grantor warrants that. (a) this Mortgage is executed at Borrower's request
the request of thia fuU power, Nght, and authority to enter into this Mo and not at
Martgage do not corrfifct with, ar result in a default under an a rtgaoe and to hypothecate the Pro
result to a vlotatlon of any larv, regulation. court decree ar order a Y orsenem or other Instrument binsur do The
from Borrower an a continuing bask tnfarrnatlon about Pppcable to Granter; (d) Grantor has establs e upon Grantor and g not
about Borrower t(ncluding witlrout Umltation, firs crsdkworttd of eorr kitcondition; and (a) Lender has madded nor moans of onkrg
PAYMENT AND PERFORMANCE. Excs as presentation to Gr Qtarrtor
Mortgage as it becomes due, and Borrower endue ?r+ntoe shail? in this Mortgage. Borrower ahaU pay to Lender all Indebtedness secured by POSSESSION AND Y perform all Borrowers and Grantor's obli this Mortgage.
this
party shaft be governeCE OF THE PRO Borrower and Grantor Agree that Borrower's and d
Ing Provisto?nsTM? Grantor's possession and use of the
Possession and Use, Until the occurrence of an Event of Default, Grantor may (t) remain In possession and control of the Propwe, operate or manage the Property; and (3) collect the bents from the Property.
Duty to Maintain. Grantor shall maintain the Property maintenance necessary
in tenantable condition and promptly perform all repels, replacements, and
the Fmrtro Laws, Grantor represents and warrants to Lender that: i
PropertY, there One been no use ganeratlerw marwfacturs ( ) During the Period release Grantor's o
Substonco by any Person on, under, about or from the Props , tteatm b dJspos n reedg a or for reason o bell of any l%hero ha s
been, any usi Weviou sty disclosed to and acknowled f21 Gramm ban no knowledge of. of reason to any Envir
use, 0sreration, mantefactrxs, storage, treatm by finder to writing (a) any breech or violation of that them has
about or from the Property n any prior owner o co M dlapo"4 release or threatened taboos of mstarmg on,l under, e or cla of any
kind by any Person relating to ouch rioters; and (3) pants of the Property, or (? any tang rdow 3
Grantor annor,any y Person relating
contractor, agent or other as a? disclosed to and acknowledged Actual le by in in on ?S
vast of the Property shelf we. oonarateLander writing, (a) neither
manufacture, store, treat: dJspoas of
SK 1856PG 1412
i
too 0 -
r '
p vYJ ?1w?, n.?
MORTGAGE
(Continued)
Page 2
w ,
or release any Hazardoue Substance on, under, about or from the Property, and lb) any such activity shall be conducted In compliance
with all applicable federal, afore, and local laws, regulation and ordinances, including without limitation all Environmental Laws. Grantor
authorizes Lender and its agents to enter upon the Property to male such Inspeodons and tests, at Orsnt $ expense, as Lender may doom
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or test made by Launder shop be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other
person. The roprosentstlons and warranties contained herein are based on Grantor's due diligence In investigating tie Property for
Hazardous Substances. Grantor hereby (1) releases and wolves any future claims against Lender for indemnity or contribution (n the
avant Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and (told harmless Lender
against any and cep claims, losses. IlablWas, damages, penalties, and exper"s which Lender may directly or Indirectly sustain or suffer
resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release
or threatened release occurring prior to Grantor's ownership or Interest In the Property, whether or not the some was or should have been
known to Grantor. The provislont of title section of the Mortgage, including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shop not be affected by Lender's acquisition of any
Interest In the Property, whether by foreclosure or otherwise.
Nulsece. Waste. Grantor Ad not cause. conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waft on or to
the Property or any portion of the Property. Without NmItIM the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove, any timber, minerals (including all and gas), cost, clay, sods, soli, gravel or rock product without Leader's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Undoes prior written
consent. As a condition to the removal of any Improvements, Lander may require Grantor to make arrorge rents satisfactory to Lender to
replace such improvements with Improvements of at least equal value.
Lender's Right to Etter. Lander and Lender's agent and representatives may enter upon the Real Property at all reasonable tines to attend
to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Govern moMall Roqulrsrnant. Grantor shall promptly comply with Oil laws, ordinances, and regutations, now or hereafter
In effect, of Oil governmental authorities applicable to the use or occupancy of the Property, Including without Hmitadon, the Americans
With Dfsabgltles Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notUfed Lander In writing prior to doing to and so long at, in Lender's
sole opinion, Undoes interests in the Property are not Jeopardized. Lander may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty tr to Protem ae set forth Grantor oress either to abandon or leave unattended the Property. in this section, which from the character and use of the Property are reasonably shag ndo all ecessary ioporotect and addition those
Property. preserve the
DUE ON SALE - CONSENT BY LENDER. Subject to sty notice or right to we requirements that may be applicable, Lender may, at its opdon,
declare immediately due and payable all sums seemed by this Mortgage upon the sale or transfer, without the Lender's prior written consent, of
all or any part of the Real Property, or any krtrett In the Real Property. A `sale or tremoW means the conveyance of Red Property or any
right title or Interest therein., whether legal, bsnsfledal or equitable, whether voluntary or involuntary, whether by outright sale, dead, installmwIt
sale contr.ct, land contract, contract for dead, leasehold Interest with a term greater than three (3) years, Iesse-option contract, or by sale,
asslgrenettr, or transfer of any be ieflolet Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance
of Float Property Interest. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership
of more than twenty five percent (25%) of the voting alock, partnership Interests or Ilnftd HabWay company interests, as the case may be, of
Grantor. However, Lender shall not exercise this option If such exercise is prohibited by federal law or by state law.
TAXES AND LIENS. The following provisions relating to the taxes and lions on the Property are part of this Mortgage;
Pei nten6 Grantor shall pay when due (and In ail events prior to delinquency) all taxes, payroll taxes, special taxes, mesaments, water
charges and sewer service charges levied against or on account of the Properly, and shall pay when due ail claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the property free of any Ilene having priority over or equal to
t1l" interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the Ron of taxes
and assesomente not due as further speaiflod in the Right to Contwt Paragraph.
Flight to Contest Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith fXgx to over the
obligation to pay, so long se Lender's interest in the Property is not Jeopardised. It a tier amass or In filed as a Rauh of nonnpsymant,
Grantor shag within fifteen (IS) dogs after the get adses or, H a lien Is f lod, within Oftoon 1181 days after Grantor has notion of the filing,
secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a suffloivnt corporate surety bond or other security
satisfactory to Lender In an amount sufficient to discharge the lion plus any cost and attorneys' fees, or other ohsrgss the ooutd scarce
as a result of a foreclosure or safe under the lion. In any cordest, Grantor shall defend kself and Lender and shall satisfy any adverse
Judgment before enforcement against the Property. Grantor shell name Lender sa an additional Obliges under any surety bond furnished in
the contest proceedings.
Evidence of PwA=mt. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or sown msnt and shag
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construalm. Grantor shell notify Lander at least fifteen (15) days before any work Is commenced, any services are furnished, or
work a??swe nsUppplie leto Gthe. rantor per ' if any msdtan(ds lion, matefalnen's lion, or other lien could be asserted on account of the
grequest of Candor furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the am of such Improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to Inuring the Property are a part of this Mortgage:
MaMttuanae of Insurance. Grantor shag procure and mintaki policies of fire insurance with standard extended coverage, endorsements on
a raplacemenn basis for the full Insurable value cvmhg all Improvements on the Real Property in an amount sufflciow to avoid application
of sty colneurance douse, and with a standard moMagne clause in favor of Lender. Grantor shoR also procure and maintain
comprshonsive general lablitty insurance In such coverage amounts 88 Lender may request with Lender being named as additional Insureds
in such liability Insurance poNeles. Additionally, Grantor shag maintain such other insurance, including but not limited to hazed, business
BK1856PG1413
MORTGAGE
(Cofftued) page 3
•k tsmrptlon end War insurance as Lender may require. P01Idss shall be written by such inaxance oompsndss and In such form as may be
reasonably acceptable to Lender. Grantor shag deliver to Lender certificates of coverage from each insurer containing a n0pulation that
coverage will not be canceled a diminished without a minimum of thirty (30) days' prior written notice to Lander and not oontalnin l any
disclaimer of the Insurer's liability for failure to Vitro such notice. Each Insurance popsy also shag ku*We an endoreamsnt providing that
coverage In favor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real
Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard are,
Grantor agrees to obtain and maintain Federal Flood Insurance, If evagabie, within 45 days after notice Is given by Lender that the Property
is located In a special flood hazard was, for the fug unpaid principal balance of the loan and any prior lions an the property securing tie
loan, up to the maximum policy grafts set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain
such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Leader of any loss or damage to the Prop". Lender may make proof of loss if
Grantor fags to do to within fifteen 1151 days of the casualty. Whether or not Lender's security Is Impaired, Under may, at Undoes
eleatiM receive and retain to proceeds of any In etwoo and apply the proceeds to the reduction of the Indebtedness, payment of any Non
affecting the Property, or the restoration and repair of to Property. If Lender elects to apply the proceods to restoration and repair, Grantor
shill repair or replace the damaged or destroyed improvements in a manner satisfactory to Under, Lender shell, upon satisfactory proof of
su
under this ch expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration N Grantor is not in default
Mortgage. Any proceeds which have not been disbursed whhin 180 days titer their receipt end which Under has not
committed to the repair or restoration of the Property shall be used first to pay any amount owing to Under under this Mortgage. than to
pay accrued lrterest, and On remainder, N any, shall be applied to the principal balance of the Indebtedness. If Lander holds any proceeds
after payment in fug of the Indebtedness, such proceeds shag be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITI1R11S. It any action or proceeding Is commenced that would materially effect Lender's Interest In the Property or if Grantor
fags to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's faihre to discharge or pay
when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Rotated Documents, Lender on Grantor's behalf may
abut shag not be obfigatsd tot take any action that Lender deems appropriate, including but not limited to discharging or paying all axes, gene,
security Interests, encumbrances and other claims, at any time levied or plead an the Property and paying ail costs for
lnaurilrq? preseMng the Property. AN such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate urd tand
he
Note from the data incurred or paid by Under to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness
and, at Undoes option, will (A) be payable on demnn* (S) be added to the balance of tie Note and be apportioned among and be payable
with any butaknient payments to become due during either (1) the term of any applicable inswona policy, or (2) tho romakang term of the
Note; or IC) be treated as a balloon payment which will be due arid payable at the Note's maturity. The Mortgage also will secure payment of
these amounts. Such right shag be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's
obligation to Lander for ail such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DENSE, OF TITLE. The following provisions relating to ownership of the Property we a part of this Mortgage.-
Title. Grantor warrants that lad Grantor folds good and marketable tide of record to the Property In fee simple, free and clear of all None other a
brances
and ran those sot forth in the Real Property description or In any No insurance policy. tide report, or final title opinion
Issued nd encumfavor of, pted
execute and deliver this by Under in connection with this Mortgage, and (b) Grantor has the fug right. power, and authority to
Mortgage to Under.
Defense of Title. Subfoct to the exception In the paragraph above, Grantor warrants and will forever defend the title to Ile Property against
the lawful claims of all parsons. In the syent any action or proceeding Is commenced that questions Grantors title or the Interest of Lender
under this Mortpags, Grantor shag defend the action at Grantor's even". Grantor may be the nominal parry In such proceeding, but
Lender shag be- entitled to participate In the proceeding and to be represented in the proceeding by counsel of Lender's own cholc% and
Grantor will deliver, or cause to be delivered, to Under such Instruments as Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrants that the Property and G?antoNs use of the Property complies with all axleft applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Rapnssntettons aml Warranties. AN representations, warranties, and agreements made by Grantor In this shag
survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain In full force and offect until w? time as
Borrower's Indebtedness shag be paid In full,
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgago.
Proceedings. It any proceeding in condemnation is filed, Grantor shag promptly nobly Lander In writing, and Grantor shag promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
Under shall be antMad to participate In the proceeding and to be represented In the proceeding by counsel of he own choice, and Grantor
will deliver or cause to be delivered to Under such instruments and documentation as may be requested by Under from time to time to
pwmlt such participation.
Application of Net Preaasds. If all or any part of the Property is condemned by ominant domain proceedings
purchase In Neu of condemnation, Lender may at Its election require that all or any portion of the net proowds of tor by he awarrd bbeeceappoft or
lied to
the Indobtedre s or the repair or airrestoration of the Property. The net proceeds of the award shag mean the award after payment of all
actual eosin net's' fps Incurred by Under in connection with the condemnation.
IMPOSITION OP'TA11ES, FEW AND CHARGES BY GOVERNMENTAL AUTHORMS. The following provisions relating to govern"W"ta) taxes,
fees and charges am s part of this Mortgage:
Current Taxer. Few and Charges. Upon request by Lender, Grantor shall exams, such documents In addition to this Mortgage
whatever other action is requested by Under to perfect and continue Undoes lion an the Real Property. Gaston shag reimburse and take
all taxes, as described below, together with all expenses incurred In recording, nclu Lender for
i this Mortgage, Including without
limitation all bum, foss, documentary Perfecting or Mortgage.
sumps, and other charge for recording or registering this s Taxes. The following shag constitute texas to which this action oppose: 11) a specific tax upon this type of Mortgage or upon all or cry
part Of the indebtedness secured by this Mortgage; 12) a $Pacific tax on Borrower which Borrower is authorized or required to deduct
from payments on the Indebtedness secured by this type of Mortgage; (s) a tax on this type of Mortgage ohargpbts against the Under or
the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of Wku*al and interest meds by
8K 1856PG 1414
R
MORTGAGE
(Condnued) Papa 4
Borrower.
Subsequent Taxes. If any tax to which this section apples is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as-an Event of Defauh, and Lender may exercise any or of of Its available remedies for an Event of Default as provided below
unless Grantor either (1) pays the tax before it becomes delinquents, or 121 comets the tax" provided above in the Taxes and Liens
section and deposits with Lender ash or a sufficient corporate surety bond or other security satisfactory to Lander.
SECURITY AORWMENT; FINANCING STATEMENTS. The following provisions releting to this Mortgage as a security agreement are a part of
this Mortgage;
gawky Agreement. This Instrument shop constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shsl have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Leerier, Grantor shall execute fhtanclng statements and take whatever other soft Is reated by
Lender to perfect and continue Lender's security Interest in the Ram and Personal Property. real property records, Lander may, at any time and without further authorization from Gr iantor?flli a e recording this a a the
reproductions of this Mortgage as a financing statement. Grantor shat reimburse Lander for al expenses Incurred In , oi perfecting or
or
con6miing this security bterest. Upon default, Grantor shall not remove, sever or detach the Personal Property Property.
default, Grantor OW assemble any Personal Property not affixed to the from the y catr ve Upon
nlent to
Grantor and Lender and make It available to Lender within three (S) days ? rIn a ipt moff writtand stafrom rvssLower to the extent
permitted by applicable law,
Addresses. The maNing address" of Grantor (debtor) and Lander (secured party) from which information concerning the security Interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES: ADUMNAL AUTHORIZATIONS. The following provisions relating to further assurances and additional
authorizations are a part of this Mortgage:
be Further Assursim
executed or dog re a me, and from
or tm to time, upon nea request of Lander, Grantor will make, wncute and deliver, or will cause to
rerecorded, as the one may be, at such tines and in such offlca and pieces as Lander doom eap area to be filed, oll such rolled, or rocoorded,
deeds of trust; security deeds, security agreements, flnmcft statements, oongryrstfon statements, ?i of further g°a.
cortitlates; and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to a sasurencs,
continue, or preserve (11 Borrower's and Grantor's oblostions under the Note, the ff° 'te' Cts, and Perfect;
Pons and security interests created by this Mortgage as first and Mortgage, whether and tea Related Dq h ereaf and (2) tea
Grantor. Unless prohibited by law or Lander Paler loos on the ?0toro now owned or hereafter acquired by
Incurred In connection with the matters referred to in to he contrary to writing, Grantor shat ?elmburse Lender for all assts and exPonaa
paragraph,
Additional Authorkedons. If Grantor folk to do any of the things referred to In the preceding paragraph, Lender may do so for and In the
name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably authorizes Lander to npake, execute, deliver, fie.
record ?and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to In the
preceding Paragraph. -it Is-understood that nothing at forth herein shot require Louder to toks any such actions.
FULL PERFORMANCE, If Borrower pays aI the indebtedness when due, and otherwise performs all the oblations
this Mortgage. Lender ahem exemn s and deliver to Grantor a sultable satisfaction of this ro Imposed upset Grantor fader
Mortgage and suitabl
finanalnp statement on file evidencing Lender's security intterest In the Rents and the Personal
Property. s : Grantor ntor wig p ig of ter If per of any
apputacle law, any reasonable termination fee as determined by Lender from time to time.. pay, H psnrutted by
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage.
Payment Default. Borrower falls to make any payment when dune under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insdrmca, or
any other payment necessary to prevent NkW of or to effect discharge of any men.
Other Defwlts. Borrower or Grantor or Grantor faiiii to comply with or to perform any other term, obligation, covenant or condition
contained in this Mortgage or In arty of the Related Documents or to comply with or to perform any term, obligation, oovmw or condition
contained in any other agreement between Lander and Borrower or Grantor.
DOWN In Favor of Third Parties. ShoWd Borrower or any Grantor default under
or solos agreawt, or any other agreement, in favor of any other creditor or any lout. extension er credit, affect of orrort, purchase
Grantor's Property or Borrower's ablity to repay the Indebtedness or Borrower's a &anW* sb*t to a affect any es Borowa's or any
under the Mortgage or any related document.Y to perform their respective obligations Any False S urn title rranty, representation or statement made or furnished to Lender by Borrower or Gimtor or on Borrower's or
made or furnished or becomesMortgfalse or misleadi Related Documents is fake or me(vsd&tg in any material repeat, either now or at the time
g at any time e thereafter.
Defective Copaarattaftm This Mortgage or any of the Related Documents ovum to be in fun force and affect Oncludirg failure of any
collateral document to create a valid and perfected security Interest or 11m) at any time and for any reason.
Death or Insolvency. The death of Borrower or any Grantor, the dissolution or ,
business; the Insolvency of Borrower or Grantor, the a ? of Borrower's or Grantors existents as a gamy
assignment for the benefit of creditors, any type of creditor wcr t of or receiver for any pert of Borrower's or Grantor's qany
insolvency laws by or against Borrower or Grantor. kcurt, a the ao mmenasmsrt of any proceeding under any bankruplay or
Cracker Forfeiture Proceedings. Commencement of foreclosure or fortelture proceedings, whether by Judicial
any other method, by any creditor of Borrower or Grantor or by any governmerta(a proceeding, using the
a
the Evert s Default Includes not a garnishment of any of Borrowar'a or Grater's accounts, including deposit aq ? ? . Nowever,
which a the beak of the creditor apply it there Is fth dispute by Borrower or Grantor as to tin validity or reaonablsness of the claim
which i t end deposits with Candor monies proceeding ra surety and N Borrower or Grantor gives Lander written notice of the creditor or forfelWe
bond for the creditor or forfaittrv proceeding. In an amount determined by Lender,
O K I 856PG 1415
e
MORTGAGE
(Continued) Page s
In Its sole discretion, Ss being an adequate reserve or bond for the dispute.
Breech of Other AgrsemenL Arty breach by Borrower Of Grantor under the terns of arty other agreement between Borrower or Grantor and
Lender that is not remedlsd within any grace period provided therein, Indudtng without lh tenon any agreement concerning any
In
debtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later.
EvIl"
QuaArarttor f die becomes r. Any of the ceding events occurs with respect to any Guarantor of any of the indebtedness or any
Peter or revokes or disputes the validity of, or liability under, arty Guaranty of the Indebtedness.
Events Affsoling hap Any 111ar =WOW trios to tabs Property by legal process, any tax Ron or levy is filed or mods against any
G
rantor or the Pro or tlt party is destroyed, selzed or condemned by federal, state or local government. A material
Adverse
adverse Perfonnan?the indebtedness k charge occurs in Grantor's financial condition, or Lender hxuNeves the prospect of payment or
ktnpalrad.
Ins*ourhy. Lender in good faith believes itself insecure.
RIGHTS AND RNINDIES ON DMULT. Upon the occurrence of an Event of Default and at any time thereafter. Lender, at Lender's option, may
exandw am one or more of the following rights and retwWles, in addition to any other rights or renedies provided by low:
Accelerate indebtatims. Lender shall have the right at its option, after 17iving such notices as required by applicable law, to declare the
entire Indebtedness knmsdl&tely due and payable.
UCC Remedles. Wit respect to all or any tart of the Personal Property. Lender shall have ON the rights and remedies of a secured party
unmjor the Uniform Commercial Code.
CORSO Rants. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
taking possession of the Property, to collect the Rants including amounts pest due and unpaid, and a
pPiY the Pnet ?y and, with a without
Lader's costs. against the Indebtedness. In furtherance of this right, Lender m require any uire a r proceeds, over and smoke
payments of net or use fees directly to Lender. If the Rents are sN Lander, rty hareem v other user oft Property to make
instruments revived in payment thereof in the name of Grantor and t negotiate thsathen Grantor me a colleaket ?' o used ? Lamer to endorser
or other users to Lender in response to tender's demand shall satisfy the obligations for which the e Payments by not any
proper grounds for the demand existed: lender may exercise Its rights under this subparagraph either Ina ass meals, whether any
receiver. P ?, by agent, or through ahnrcugh a
Appolm Recelvw. Lander shell have the right to have a receiver appointed to take possession of sN or any pen of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to colift the Rents from the
Property and apply the proceeds, over std above the cost of the receivership. against the Indebtedness. The receiver may am without
bond if pamtiited by law. Lender's right to the apiointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the indebtedness by a substantial amount. Employment by Under shall not disqualify a person from Serving as a receiver.
Judici l Foreclosure. Lender may obtain a judicial decree foreclosing Grantot's Interest In ail or any pat of the Property.
Real Sek if permitted by applicable law, Lander may foreclose Grantor's Interest In an or In any part of the Personal Property or the
party by non-judicial safe.
a Y Judgms n. Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Larder after sppilmion of an
smouMS received from the exercise of the rlghts provided in this section.
Tenancy at Suffa'so. If Grantor remains In possession of the Property after the Property IS sold as provided above or Larder otherwise
becomes entitled to possession of the Property upon data* of Grantor, Grantor shag become a tenant at suffarance of Lander or the
Pro Purchase of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the immedleft
N upon the demand of Lender. Property, or (2) vacate the
Other Remedies. Lender shag have all other rights and remedies provided In this Mortgage or the Note or available at low or in equity.
Sale of the Property. To the extern permitted by applicable law. Sommer and Grantor le waives to
maahaned. In starching he rights and remedies, Lender shah be free to sell all or any Patti f the Pr any and all right or have the property
sale or by separate sales, Lender shah be entitled ter bid at any public sale on all or any portion of the Propertty?S ? or separately, in one
Nadu of Sale. Lender shop gin Grantor reasonable notice oft time end piece of
any after which any privets sale or other intended disposition of the Personal Pro public sale of the Personal rewired ror of the time by applicable
law, ressonleble notice SW mean notice given at least ten (10) days Property t 4 to be made. Unless otherwise sale t Personal
Property may be made In conjunction with any sale of the Real Propperty before the time of the seta or disposition. Any safe of the Personal
Section of Ramada. Election by Lander to pursue any remedy shah not exclude pursuit of arty other remedy. and an election to make
expenditures or to take action to psi to f, at obligation of Grantor tender this M
Lan tier's right to declare a defauk std exercise its remedies. Nothing murder this M rtga der thereon; hag be so m Perform, shag not affect
restrict the rights and remedies available to Loader following an Event of Default, or Or otherwise shah s construed
the rights is as to Qndt or
Leader to proceed directly, against Grantor and/or Borrower mWor against any ?Y to ? or retlo the rights and ability of
her cc-maker, guarantor, surety or endorser ands to
proceed rgatnst any other collateral directly or indirectly securing the Indebtedness.
Attorneys' Pees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this M
recover such sum as the court may sdjudge reasonable as ortgethe or Lender r not any be entitled to action Is
s fees at trial and upon any LePder' Wlinon not e s court any time
Involved, std to the extent not prohibited by low, al ressonable *xperwas Lender loc
for the protection of Its Interest or the enforcement of its rights sh al become a part i that In Ladder's opinion
le an necessary at hall tine shall
Interest at the Note rate from the date of the expertdhbre until repsid. ftPenses covered P of the by this tednep payable
paragraph le on demand and nOt boar
however subject to any Nrnks undo sPPibCable ?, . e and Lender's least t in or not there without s nardtation.
htcktdlag attemeya' fees std ?? s attorneys' fees and Lemdsr'a lapel expanses, whether or not then is a Itmuauit,
includ, end any al fe" and pw"nses for bankruptcy proceedings (rock u ling efforts to modify or vacate any automatic stall, or k*lnodw'
reports!, and any a' report, and Judgment collection services, the cost of parching records, obtakdng We reports gnckoV oourt caste, in addition to erg other Stuns provins ided by laSww. moo' to the extent permitted by applicable law. Grantor also Will pW any
NCTICES. Unless otherwise provkled by applicable haw, any notice required to be given under We Mortgage shalt be given in wrift, and Shag
O K I 856PG 14 16
4RTGAGE
blOntiuued)
Page B
be effective when aatuagy delivered, when sctuslly received by tefafaoobmilo
nationally recognized overnight courier, or, if mailed, when deposltsd to the United S aetu otherwise yss law), . When deposited with a
Prepaid, directed to the addresses shown near the begIrWng of this eolata?fd aH postage
which has priority bvar this Mortgage and notices MatgWS an oplai of n0sga of foreclosure from the holder of any pen
now begitutirp of *t" Mortgage, pursuant to 4Z Pa. C.S.A. Setrtion $1dS, et seq., shall be sent to Lender's adding, as shown
other pertlao, apbcifytthe Part1? may change its address for notices under this Mortgage by giving formal written notice to the
rag
et oU times f Grantoraeaddreas, UnNastotherwio party'a address. For notice purposes. Grantor sprees to
the
given by Lender to any Grantar is deemed to bs notice Evan to tag Gran salad by applicable law, if then is more than one Grsntor ? notice
informed PROPERTY. no word 'Property' means coAectively the Real Property and the Personal Property.
GRANTOR'S REPORT ON INSURANCE, Upon request of Lender, however, not more than once a year, Granitor ehall to each existing poky of insurance showing: its) the name of the insurer, W the risks ins, (a the amount of the furnish li Lender a report
insured, the then ourrant replacement value of such Property, and the manner of determining that value; and a the ? ' ta tea Property expiration
Grantor
data Property.
shah upon request of leader, have on Independent appraiser satisfactory to Lender determine the mash value replacement *act of the
MULTIPLE PARTIES. Ail obligations of Grantor and Borrower under this Mortgage shell be joint and several, and all references to Grantor shall
mean each and every Grantor, tmd of raffrenoss to Borrower shall mean each and every Borrower. This means that each of the persons atoning
below Is responsible for all obligations in this Mortgage.
NO WARIER BY LENDER. Lender shall not be deemed to have waived a N
such waiver is in writing and signed by Lender. No delay or omWlon on the antler this Mortgage n(or g under the Ballad ras asarros} unless
such right or any other right. A waiver by any Patty of a provision of We Mortgage part of Candor o xftftn any right shah operate as a waiver of
otherwise to demand striae compliance wiith that provision or shag not coda by e a waiver of or course of the party's right
Lede? and Grantor or Borrower, shop constitute a waiver of any oother f Lenpder'srI ha or aprior ny waiver by Condor, nor any coin of dealing between
transactions. Whenever consent by Lender is r g any of Grants or Borrower's o in any It to any lulus
constitute continuing consent to subsequent kwences whenre this Mortgage, the such consent is consent Is of such consent by Lender in
AUTHORIZATION TO OBTAIN any ?n« shall not
provides de CREDIT R?ORTS• If the Mortgagor Isfam an ldivldualls), by signing below, the undo
authorization to Lender or its designee rand any assignee or potential undersigned
p sonal credit
Profila(s) from one or more national credit bu reaw. Such authorization shell extend to obcaf credit eoD t r chain his/her/their
ideri r araonai extension
of credit to the Borrower or the Mortgagor and subsequently for the o ro? sign of to soap airy extension additional credit
and for reviewing or collecting the resulting account. A Y purposes mi spiels, renewal or extension of such credit or the original. By
slgnstws below, Uwe affirm my/our identity as the respective tndivlduaj/e Identified In this copy ojfl?? 0n shag be valid as the
CROSS COLLATOMIZATION. In addition to the Note, this Mortgage secures all Obligations, debts and liabilities
Borrower to Lender, or any one or more of them, as waif as all claims by Lander against Borrower or . Plus interest thereon, of
any
axtsting or hareafter arlaing, whether related or unrelated to the purpose of the Nots, whether vo ores other man of them, whether now
direct or idireet, determined or undetermined, absolute or o liquidated or unit , whet or ?a whether due may net due,
Individually or jointly with others, whether obligated as guarantor, quidsts or whether Borrower or Cranter
amounts may be or hereafter may become barred who?and whether er Otherwise, y s such uch may be pablr?
hereafter may became otherwise unenforceable.. any salute of limitations, end whether the obpgstton t to repay upon such
RIDER'S'. SEE RIDER 'B' ATTACHED TO AND MADE A PART HEREOF. amounts may be or
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Mnmdmenta. This Mortgage, together with any Related Documents,
to the matters oft forth in this M onett this the rtgae understanding and
unless Oven the parties and alteration signed by the party or parties sought be charged or boy d by ttheesit ationoorfd?f?nrs ch shall be e effective unless oJwn In writing ad
Annual Reports. If tiu Property is used for purposes other than Grantor's reoidsim, Grantor shall furnish to Lender,
t
LwWor
errified statement of not operating Income received from the Property during Grantor's previous fiscal year in such form and df?l,as
ma
with the all re on . the toperraft Income' shell mean all cash receipts from the Property less oil cash expenditures made to connection
provisions s of f this Mortgage,
Caption thi s. Caption headings in this Mortgage are for convenience purposes only and are not to be used to Interpret or define the
Goventdog Law. This Mortgage will be governed by, coroyuad and enforced In Commmnwodlit of Pennsylvania. This Moregsgf has bean accepted by Lander In are Co ? wifFh annoVI Isty and the laws of the
Choice of Venue. If then Is a Iswwit, Grantor nnwthorrwselah of PrasyhaNa,
Woes County, Commonwealth of PsnnsyivanfWoes upon Lender's request to submit to the )dsdfctlvn of the Darts of Philadelphia
Joint and Several Ltabloty. All obligafions of Borrower and Grantor under this
Grantor shall moan sari h and ovary Grantor, ad tag rofsrennes te Borrower shell metgage Wuh lf be joint and sevww, and ad references to
Borrower and Grantor signing below is roepaefibb for tali oblillatiors In this Mortgage, every This means that each OW Borrower. No Wahnr by Lender. Lender chap not bf deemed to taw waived any righte under this Mortgage anises ouch waiver is given in writing
N by Lsder. No delay or omiesbn an tits part f l snider In a
fight. A waiver y MpFrt shall
demand strict ompgana wiUeria?f a Pxovlslorr f this M oprovertRagasi+theN not pnjudic? or opwaft as a owaiver of uch right or any
bstwsan lender and Gradsor, shag own or a walver on f this Mongaos , No prior waitron l LondWs right ter otherwise to
tranaaetlote. fiver consent of Lender Is r Ind W of Landers rights Or any Douro of dealing
shall not wnstitua ver the ew under lids Mortgage, ft o of any of such GrantWs t by Lfns an a any future
warted not onxdkW M the solid consent to subsequent instances where such consent It re of retch O4t by Lander in any tf
disastiOn of Lender.
squired and in art oases such consent may may be
SevenbWty. If s court of competent jurisdiction finds any provision of this
or circumstance, that finding shall not make the Ofh Megal. I to be for u In force l unenforceable
an le as er a
okarmaancs. if feestele, the lien ? Provision Ulgal hhvaad, or unsntorwabs tae to any other any person
d kV provision shall be considered modrfied so that It becomes legal, valid and w0waesbig. It On
8It 1856PG 14 17
MORTGAGE
(Continued) page 7
offending provision cpnrot be so modified, It shall be considered deletsd from this Mortgage. invalidity, or tmeWoroesbility of any provision of this Mortgage shag not affect the legality, validity or enforcrea?bp? of by I*W' 1h*
any other
provision of'this Mortgage.
Mrrper. There shag be no merger of the interest or estate created by this Mortgage with any other Interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, whom t the written consent of Lender.
Successor Interests. The tame of No Mortgage shall be binding upon Grantor, and upon Grartor's heirs, personal representatives,
successors, and assigns, and shag be enforceable by Lender and its successors and assigns.
Time I* of the Essen. Time is of to essence in the performance of this Mortgage.
WAIVER OF JURY TRW.. MORTGAGOR IRREVOCABLY WAIVES ANY AND ALL RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY
ACTION. PROCEEDING OR CLAIM OF ANY NATURE RIMATWG TO THIS MORTGAGE, ANY RELATED DOCUMENT'S OR ANY
DOCUMENTS, MORTGAGOR ACIWOWL?OES THAT THE FOOING WAIVER iS KNOWING AND V CONTEMPLATOLUNTARY.E)IN ANY OF SUCH
DEFINITIONS. The following capitalized words and terms shall hew the following meanings when used In this Mortgage. Unless spocH onfly
stated to the contrary, all references to dollar amounts shag mean amounts In lawful money of the United States of Anwica. Words and terms
used In the singular shall include the plural. and is phial shall include the singular, as the owaxt may require. Words and terms not otherwise
defined in We Mortgage shag have the meanings attributed to such terms In the Uniform Commerold Code.,
Borrower. The word "Borrower" meant CHRISTINE E. SMITH; RANDALL W. SMITI•h and OUR 3 015. INC. and includes all co-signers and
cormskers signing the Now,
Dsfoult The word "Default" means the Default set forth in this Mongwe in the section titled "Default".
IMP" ornmenhl Laws. The words "Environmental Lawn" mean any and all state, federal and local statutes, regulations and ordinances
relatkhg too the protection of Ituman health or the environment, including without 11mitadon the Comprehansfw Ew*ornentd Response,
Compensstion, and Liability Act of 1980, as amended, 42 U.S.C. Section 8601, at seq. ('CRRCLA'). the Supafund Amendments and
Reauthorization Act *1 1986, Pub. L. No. 9"ll ('SARAI, the Hazardous Materials Transportation Act. 49 U.S.C. Seaton 1801, at seq.*
the Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable opts or federal Iowa, rubs, or
regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth In this Mortgage in the events of default
section of this Mortgage.
Grantor. The word 'Grantor' means CHRISTINE E. SMITH and RANDALL W. SMITH.
Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
NGuuaranty. The word 'Guaranty" means the guaranty from Guarantor to Lender, including without gmitstion a guaranty of all or part of is
Hazardous Substances. The words 'Hazardous Substances* mean materials that, because of their quantity, concentration or physical,
chemical or hhfecfio o characteristics, may cause or pose a present or potential hazard to human health or the ahwironment when
improperly used, treated, atoned. disposed of, generated, manufactured, tronsportod or otherwise handled. The words "Hazardous
Substances we used in their very broadest sense and Include Without Iimhation any and all hazardous or toxic substances, materials or
wane as defined by or listed under the Environmental Laws. The term 'Hazardous Substances" also Includes, without Imitation, petroleum
and patrokum by-products or any fraction thereof and asbestos.
Improvamarte. The word "improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on fie
Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word 'Indebtedness" mews all principal, Interest, and other amounts, own and expenses paysWe under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidation of and subodwtions for the Note or
Related DOOUrnents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenaes Incurred by Lander to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided In Oft
Mortgage. aecwity Interests orented pursuant to this Mortgage covering the Indebtedness which may be The ? and
date of this Mortgage. In addition to the Nato, the word "Indebtadness' Includes all obligations, is arndd the future shall relate back to the
of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower, or ??' plus Imth, thereon,
now existing or tmisftsr arising, whether related or unrelated to the purpose of the Note, whether voluntary oone r t sets of ism, whether. due or
not duo, bavlute or contl+gent, liquidated or unikuldated and whether Borrower may be gable Individually r job others, r hether
guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may become barred by any statute
of 9mitatlarm and whether such indebtedness may be or hereafter may become otherwise unenforceable.
Lander. The word 'Lower" means PNC Bank. National Association, its successors and assigns.
Mortgage. The word "Mortgage" mess this Mortgage between Gran or and Lender.
Note. The word "Note" means the promissory rote datsd v In thA Olf nal W61
$700,000.00 from Borrower to Lender, together with all renewa of, extsm , mod' coons of, refinaohngs of, consoftwong of
and substitutions for the promissory note or agreement.
Personal Property. The words 'Porsond Property mean all equipment, fixturn, and other articles of pensond property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Rent Property; together with all accessions, parts, and additions to, all
replacements of. and all substitutions for, any of such property; and together with all proceeds linckudinp without Ilmltstion db Insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property' means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property' mean the real property, interests and rights, as further described In this Mortgage.
R
agreements, elated D c g nts. Th eowordssg elated Doc " mean all promissory notes, credit agreements, ban agreements, anvkonme?l
mortgages, deeds of trust, ssarity deeds, collateral mortgages, and all other imtrum aro,
Bl{t856P?14 18
ued)
Prigs 8
} executad in connection with the Indebtedness,
the Uniform Commercial Code, as in effect from lane m time, in
roamer end doaumsnta, whsthw now hereafter ex meristcial Mi. Cods' mini
°Q . The words "Uniform Com derived from
Cods Issoes, royalties, profits, and other benefits
the swoprln! pirio n. ? sent and furore rents, revenues, income,
Santa. The ward "Rents means ail pre
the PropsetY•
PROVISIONS OF TH18 MORTGAGE. AND EACH GRANTOR AGREES TO ITS
EACH GRANTOR ACKNOWUWE8 HAVING READ ALL THE STATE AND HAVE THE EFFECT
TERMS. DED THAT THIS MORTGAGE to AND SHALL CON
.? UORTGAGE IS GIVEN UNDER SEAL O LAW. 100
OF A SEALED INSTRUIIAENT AOCORGNG
GRA c
ik' saN
X
isasq.
Y
cEinca of RESIvCn?+r-
, PNC Sank, Naliond Asso"on, herein is as follows:
1 hereby osrtHY, that the Preciw address of the r& Ph do PhNaMi[>>+ls. PA 7515
Su* na Sarddnd • SSA, 000'tidaw^ Soukivard.
Attainr,Y Aq1'? for MacW?eN
COMMONWEALTH of PENNSYLVANIA
ISS
AN
COUNTY Op ?awLW
7 p1VV baton ms
day of c, persona ly so"-red dE. and aaknowladgsd that that
on this, the the and are subser?ed to the within instrumsirt,
prownl to be the pwaon whose names
exemned t0 the he some for *4 purposes thersin containsd.
sxociit mW officld aseL
in witness whereof, I hereunto set my hand
N ?'y public it and for the State of
John S. paAvldw daon, ry public f N?Gowlb
Mycm*wm? ?s,20a
ov 1856P6I 419
EX?ID3IT "A" - FILE NO. 126701
ALL'' =on CZMM four ftch orparcrls o landcadp &V and
jWv in the r"mh& of Z~AE=, ix Um am* if ctoi&rl"d and
• J
W
CA
CrN
-10
N
0
ft- " ,. 'r XW.X WG at a point In the oaater line of the cottysburs
ISA
Road, SAJa L.R. Zi0O99, wliob point is In the Uptera line of the treat of
land of whftlh'tba watt . herein was formerly a parts tbemee to the
center line of said bisbway, Smtb sixty-tvo (62) deprave subteen (18)
Humes hest veven"Oven asd four tenths (77.4) fgot to a pointt thence, by
otlier lands now or famerly of BopMe E. Malet, widow, Worth tweaty-mmem I
(27) deprnes forty-two-01) Wooten best eisbtr4tve (85) feat to a point
which to the 9opttswest caner of the lot horototere ooave?d to rod* 1.
filter tad Carrie hg. Kneel than* $r sold lot, Noaeth shtty.tvo (62) dearses.
edgbtem (18) wimutea Malt aeveaty-aeven and four teethe (77.4) test.: done
South tmatr-coves (21) dep%es forty-two (42) minable gut elpty-live (85)
feet to the place of hlT tQ.
2BAer =.-2: =BMW at a,point In the center of on existing driveway at
the intersection of the hhatesw'34" of the tract of which tub was tosweely
a part and. the xOrtbots line of otber property of Paul Y. sad OUTI s M.
t tj•lm In the, center line: of said driveway or an exteavlon thereof, ?
Nbeth tucov -seven (27) doge " fort-two (42) glands hest tvaa bt
(28) loot to a points thanoe by ether lapis now or feantly of s.
Mdst, wddov, Smstb sixty-bro (62) doScees oftbtesa (23) minute
iweat?-ssvea and four tmdw (77*4) feet to a poled tbeoes by the saws
• Swath brat7•Qa+rsn tan dserssa taxgr-!w ,(4s) wiowbta:ssst t+hiswtlr?3slh! . .
(28) tat to a paint at do morthetest oohs160 got the Sat bkotto"wo
oepre"On land P. ad O 9do IL Maw by the, line tkoro hl'.
North v (62) depre" otioteeo IU) Shaba Mott se eaty-sevea and
four•tesths (77'.4) feet to the Plate of hllGfiMUM.'
=ACM M;,A: UGlU1RIV3 at t point on the dirldlog Yiae bet lest the property.
of Ina L. and Sophie 2, Met end propevty a w or lotwedy of •. N. Iskihr,
w6idt paint Is eioty-liar (853 feet from a pout in the eeater 13ue of the
ltassisDurt-esttysbm t NIOWAl?9 teswatly V.S. Routs 13, said distame bed"
Mm4aved alms a course Nortb tweaty-esvea (27) dwees forty-two (42)
01"teus hest from the e:eoter line of said blshway, said. point in the tenter
of said blOway bolus two bmhdmd forty-two mhd four tootbs (242.4) toot
tram the Northeast Intersection of Orclumd Avence and sai0 state lishwayt
thence from said point of 6eliming sloos I ands now or fah m sty of raol L.
and Sophia I. Met, of thick the lot herein Was tetnerlf a pact,
Swab Sixor-two (62) decree vipbteea (is) hainutee Heat savas"Ovva and
four, t stba (77.4) feet to a ping tbescv along the saws North twgat"aves
(27)dissects farry-ttno t40 stuneos Nest, am bwhd"a :city-thres (133) loot
to a ping t5aase by the ssahe• )bsw sixty-tvo (62) dasrees sisbteea (to)
w1vatem Best sevem Sevea and fosr teethe (77.4) feet to a paint in line of
lands seam r formerly of No 3. Bakers Umm Se by the asses South tmty-eevon
(27) desseea f0v`W-ttp (ot) =butter East, one btmdred fifty-three (153)
to t4c.plum of hiFAhS M,, row-
MV4=-IM&.AI AM IMF 06Rl1= lot of ground located oa the Nostb stee orGettysburg Read kmm as S. R. =99, more lisstlehtl4xU bounded and •
described as follows, to wits °r
G at a point in the Beater of said roads which point 3t. is "a .On-
veste" time of Tenet Ito. 1 of the tracts of land answered tv &a d 1. and
Carrie H. Moor by need dated October dt. 1%71 tbsaev In the eseter litre
Bald bloaw sbotb aixg-bm (it) aegsvss e3pbtaMA8 V mimics (rest .?
seaati-one (71) teat to a tows tbenes by sm sdeti m commute you mordS
tW4atf-aeven (27) dagrsea Eaxl'S-tan (`S) eistttes Nest too boadved s
(266) feet to a points thmm Worth A%tr-trop (6t) depece clOtam (a) • .
muotos East seveow-alma (71) feet to a paint, which point is at the
nortbwe st corner of 26at No. 2 omveyed to )taut 1. and Curio N. giar by
Dead dated October 12, 19671 tbetce clots psopsrty of haul 1. Amd Carrie 8.
Rivet South I - tp-saves (27) deNsres forty-two (42) wiaatme test two "
b ahdved six"ix (264) feet, to the place of Bftn =C. .
ea
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RmER B
This Rider B is attached to ansd? f a pa ? ? art of the Open-End Mortgage dated
The Loan secured by this Lien was made under a United. States Small Business Ad?min3stration
(SBA) nationwide program which uses tax dollars to assist small business owners. If the United
States is seeking to enforce this document, then under SBA regulations:
a) When SBA is the holder of the Note, this document and all documents evidencing or
securing this loan will be construed in accordance with federal law
b) Lender or SBA may use. local or state procedures for procedures such as filing papers,
recording documents, giving notice, foreclosing liens, and other purposes. By using these
procedures, SBA does not waive any federal immunity from local or state control,
penalty, tact or liabiility. No Borrower or Guarantor may claim or assert against SBA any
local or state law to deny any obligation of Borrower, or defeat any claim of SBA with
respect to this Loan.
Any clause is this document requiring arbitration is not enforceable when SBA is the holder of
the Note secured by this instrument.
/&' Mid= B. Smith
Randall W. Smith
Ut18S6PG1421.
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ry
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IL 4.
CASE NO: 2008-00707 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
SMITH CHRISTINE E ET AL
NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according'to law,
says, the within COMPLAINT - MORT FORE was served upon
.._mr. ,,,rrT mTrTr n the
DEFENDANT , at 2020:00 HOURS, on the 6th day of Februa
at 1105 CHELMSFORD DRIVE
MECHANICSBURG, PA 17050 by handing to
RANDALL W SMITH ADULT IN CHARGE
2008
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents t,!hereof.
Sheriff's Costs:
Docketing 18.00
Service 12.48
Postage .58
Surcharge 10.00
00
41.06
Sworn and Subscibed to
before me this day
of
So Answers:
7
R. Thomas Kline
02/07/2008
MCNEES WALLACE NURICK
By: Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00707 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
SMITH CHRISTINE E ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CMTrPU VANTnLT.T. W the
DEFENDANT , at 2020:00 HOURS, on the 6th day of February , 2008
at 1105 CHELMSFORD DRIVE
MECHANICSBURG, PA 17050 by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
(?- a. j' zt/i)
So Answers:
6.00 l?
.00 .00
10.00 R. Thomas Kline
.00
16.00 02/07/2008
MCNEES WALLACE NURICK
Sworn and Subscibed to
before me this
of
By:
day
A. D.
Deputy Sheriff
0
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
TO THE PROTHONOTARY:
: DOCKET NO. 08-707 Civil
MORTGAGE FORECLOSURE
PREVIOUSLY ASSIGNED TO: N/A
Please enter judgment in the above-captioned proceeding in favor of Plaintiff, PNC Bank,
National Association, and against Defendants, Christine E. Smith and Randall W. Smith, in the
amount of $746,701.14, plus interest in the amount of $119.35 per day, late charges, attorneys' fees
and other expenses and costs, from January 28, 2008, through the date of payment, including on and
after the date of entry of judgment, and for foreclosure and sale of the mortgaged property. Judgment is
entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which
contained a notice to defend within twenty (20) days of service thereof, and after 10-day Notice(s) of
intention to file this Praecipe was or were sent.
Respectfully submitted,
Date: March/5' 2008
McNees Wallace & Nurick LLC
By:
creme Cou04D #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notices of intent to take a default
judgment was forwarded to Christine E. Smith and Randall W. Smith by United States Mail, first
class, postage prepaid, on February 28, 2008. The aforesaid notices were contained within envelopes
bearing the return address of the undersigned. The notices have not been returned to the undersigned as
undeliverable or otherwise. Copies of the notices and Postal Forms 3817 are attached hereto and
marked Exhibits "A" and "B", respectively.
.,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL, ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
DOCKET NO. 08-707 Civil
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
TO: Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Date of Notice: February 28, 2008
MORTGAGE FORECLOSURE
PREVIOUSLY ASSIGNED TO: N/A
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17103
Telephone (717) 249-3166
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 28, 2008
By:
Vet S. S uff, Esquire
C urt ID #24848
100 Pine treet, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
'A?.
10
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
TO: Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Date of Notice: February 28, 2008
: DOCKET NO. 08-707 Civil
: MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17103
Telephone (717) 249-3166
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 28, 2008 By: z?yv/
offr . S ff, Esquire
S reme C rt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
FA
7
One piece of ordinary mail addressed to:
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050 C
vPS Form 3817, Mar. 1989 --2 It -5-
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
One piece of ordinary mail addressed to:
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050 U
PS Form 3817, Mar. 1989 ? y S.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-707 Civil
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
: MORTGAGE FORECLOSURE
PREVIOUSLY ASSIGNED TO: N/A
TO: Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
You are hereby notified that on Ma r6 14 2008, the following judgment has
been entered against you in the above captioned case:
Judgment in favor of Plaintiff, PNC Bank, National Association, and against Defendants,
Christine E. Smith and Randall W. Smith, in the amount of $746,701.14, plus interest in the
amount of $119.35 per day, late charges, attorneys' fees and other expenses and costs, from January
28, 2008, through the date of payment, including on and after the date of entry of judgment, and for
foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037(b)
for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within
twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this Praecipe was
or were sent.
Dated: All Lq 11 S?$ -4r'-o- tho otary
I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are:
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
. , . . 1
A Christine E. Smith Randall W. Smith
1105 Chelmsford Drive 1105 Chelmsford Drive
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
Por este medio se le esta notificando que el de del 2008, el/la
siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de
residencia:
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Date: Marc, 2008
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
GAS. S ff, Esquire
Supreme C *ft #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-707 Civil
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
MORTGAGE FORECLOSURE
To The Prothonotary:
Issue Writ of Execution in the above matter:
Amount due $746,701.14
Interest from January 28, 2008 $ 119.35 per diem
Costs $ to be added
Respectfully submitted,
Date: April 2-'2008
McNees Wallace & Nurick LLC
By:
eo S" Shu , Esquire
Supreme Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION 'PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-
Plaintiff 707 Civil
V.
MORTGAGE FORECLOSURE
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank, National Association, Plaintiff in the above action se
Praecipe for the Writ of Execution was filed the following information
consisting of one tract of land together with the buil is forth as of the date the
located in Lower concerning the real property
Allen Township, Cumber dings and improvements erected thereon
3804 Gettysbur p' umbeiland County, Penns Ivania
Gettysburg Road, Camp Hill, Pennsylvania 17011, Parcel No. 13-23-055 nand numbered as
1 • Name and address of owner or reputed owners:
Christine E. Smith and Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Christine E. Smith and Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
3. Name and address of every j
a record lien o a the real Property to creditor (other than the Plaintiffhein
y to be sold: er
)whose judgment is
Commonwealth of Pennsylvania Bureau of Compliance
PO Box 280946
Harrisburg, PA 17128-0946
4. Name and address of the last recorded holder (other than '
of record: the Plaintiff herein) of every mortgage
None
5. Name and address of every other person who has any record lien on the Name and address of every e property; None
interest may be affected by the sa ee None who has any record interest in the Pro
P Perty and whose
7• Name and address of ev
interest in the ery other person of whom the plaintiff has knowledge who has any
property which may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, PNC Bank
verify that the statements made in this affidavit are ,National Association,
knowledge, information and belief. I true and correct to the best of m
the penalties of 18 Pa. C.S. understand that false statements herein are made subject t tol
§ 4904 relating to unworn falsification to authorities.
Respectfully submitted,
Date: April 2-,2008
McNees Wallace & Nurick LLC
By.
4eeortreY . Shuff, Esquire
Supr e Court ID #24848
100 ine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
r • it
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: September 3, 2008
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-707 Civil
Plaintiff :
V.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
MORTGAGE FORECLOSURE
CHRISTINE E. SMITH and RANDALL
W. SMITH, ;
Defendants PREVIOUSLY ASSIGNED TO: N/A
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO:
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17011
Attention: Eric D. Krimmel
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania Bureau of
Compliance
PO Box 280946
Harrisburg, PA 17128-0946
TAKE NOTICE:
THE LOCATION of your property to be sold is: one lot of land together with the
buildings and improvements erected thereon located in Lower Allen Township, Cumberland
County, Pennsylvania, known and numbered as 3804 Gettysburg Road, Camp Hill, Pennsylvania
17011, Parcel No. 13-23-0553-025.
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to: PNC Bank, National Association vs. Christine E. Smith
and Randall W. Smith, No. 08-707, in the amount of $746,701.14, plus interest at the rate of
$119.35 per day from January 28, 2008, through the date of payment, including on and after the
date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the
mortgaged property until the Sheriffs Sale.
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are:
Christine E. Smith and Randall W. Smith.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to
the Court.
A copy of the Writ of Execution is attached hereto (or is available from the County
Prothonotary or Sheriff).
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April 2-,2008 By:
"UMOMey S. Shu ' , Esquire
Supreme Co #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
ALL THOSE CERTAIN four tracts or parcels of land and premises
Township of Lower Allen, in the County of C , situate 1 'n
Particularly described as follows: umberland and Co ' 3n g and being in the
min°nwealth ofPennsylvania, more
ACT NO 1* BEGINNING at a point in the center line of the Gsburg 210099, which point is in the Eastern line of the tra formerly a part; thence in the center line of said highway, ct of land of vhi h he tra R described L.R.
(18') minutes West seventy- South sixty-two ° was
or formerly of Sophia mlet, nand f Notenth ts (77-4, ° (6e b degrees eighteen thenc eseven (27 ) de point;
fOrt by other lands now
West eighty-five (85') feet to a point which is the Southwest orne ? rty ?'O 42
to Paul P. Hiner and Carrie ( )minutes
M. Hiner; thence b r of the lot heretofore conveyed
a
(18') minutes East seventy-seven and four tenths said lot, North sixty-two 62°
degrees forty-two 42 ( ') feet; thence South twdegrees eighteon
(42) minutes East eighty-five (85•) feet to the place of BEGINNING.seven (27 )
TRACT O Z• BEG
INNING at a point in the center of an existing driveway at the intersection
of the Eastern line of the tract of which this was formerly
Property now or formerly of Paul P and Carrie M. P and the North tersection
or an extension thereof a ?
Hiner; thence in the center line of said driveway
(28') North twenty-seven feet to a point; thence b o (270ern ) degrees forty-two 42' line of other
Y they lands now or formerly of Sophia E. Emilett widowt South
two (62°) degrees eighteen (18') minutes West seventy-seven four
thence by the same South and
twen ° h sixty-
tenths (77.4') feet a
gees forty_tw,o (42') minutes East twenty-eight Zg )
feet to a point at the northwest corner of the lot heretofore d Carrie Hiner;
thence by the Northern line thereof, North six
the ty-two (620) degryee es to Paul P.eighteen (18') minutes East
seventy-seven and four tenths (77,4'} feet to place of BEG an
INNING.
BEGINNING at a point on the dividing line between the
Sophia E. Emlet, and property now or formed of H. B.
of Paul E. and
Point in the center line of the Harri erly Baker, which point property eighty-five
distance being measured along a course North tw ntys e n 27° (85) feet
from a ttY a Highway, formerly -tw Route 15, said
West from the center line of said highway
hundred from the center
and four tenths ghway ' said point in the center o said highway ?) minutes
and said State Highway, and (242.4') feet from the North > being two
y; thence from said point of Be east intersection of Orchard Avenue
Sophia E. Emlet ginning along lands now or formerly of Paul
degrees eighteen ( 1 8') ' of which the lot described was formerly a
E. and o (62°)
the same, North minutes West seventy-seven and four tenths 77,pail, South sixty -ttiv
twenty-seven (270) degrees fo ') eet to a
in; red fi fte along
the Sa feet to a pin; thence b m'-two (42') minutes West one hund
es East
seventy-seven and four tenths the same, to a point in o (520) degrees eighteen minutes East
line of lands now or formerly rly , o H. B. Baker
thence fiRY- by three the (153') same feet to South the place twenty-seven ofBEGINNI G forty-two (42') minutes East, one hundred
?'FACT NO 4 ALL THAT CERTAIN lot of
Road known as L. R. 21099 fund located on the North side of Gettysbur
more particularly bounded and described as follows, to wit: g
BEGINNING at a point in the center of said road, which point i is
1 of two tracts of land conveyed to Paul P.
thence in the center line ofsaid highway south sixt -two in the western line Tract No.
and Came M. Hiner by Deed dated October er 12, 1967;
seventy-one (71') feet to a point; thence b Y {62°) degrees eighteen 18
degrees forty-two 42' Y an existin ( ')minutes West
( ) minutes West two hundred six9 concrete wall North twenty-seven (27°)
sixty-two (62°) degrees eighteen ty-six (266') feet to a point; thence North
is at the (62') (18') minutes East seventy-one (71 ') feet to a
October 12, hwes thence along f yed to Paul P. and Carrie pint, Which point nort degrees forty-two property of Paul P. and Carrie M. M 'Hiner by Deed dated
(42') minutes East two hundred six Hiner South twenty-seven (270)
BEGINNING. ty-six (266) feet to
the place of
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND CIVIL ACTION - LAW
To satisfy the debt, interest adueOPNC g?ANK, NATIO
From CHRISTINE E. SMITH and D A 1VT ? T T __. _ NAL ASSOCIATION, Plaintiff (s
NO 08-707 Civil
1) You are directed to levy upon the property of the defendant (s)and to sell SEE LE
DESCRIPTION . GAL
(2) You are also directed to attach the property of the defendant(s) not levied upon in t
of he possession
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee s
paying any debt to or for the account of the defendant (s) and from delivering any
(s) or otherwise disposing thereof; is enjoined from
3 Property of the defendant
If property of the defendant(s) not levied upon an subject to attachment is found in
of anyone other than a named garnishee, you are directed to notify him/her that he/she h
garnishee and is enjoined as above stated. the possession
as been added as a
Amount Due $746,701.14
Interest from 1/28/08 __ L.L.$ 0.50
$119.35 per diem
AttyIs Comm %
Due Prothy $2,00
Atty Paid $176.06
Plaintiff Paid Other Costs to be Added
Date: 4103108
(Seal) rothonotary
By:
REQUESTING PARTY: Deputy
Name: GEOFFREy S. SNUFF, ESQUIRE
Address: MCNEES WALLACE & NURICK, LLC
100 PINE STREET
PO BOX 1166
HARRISBURG, PA 17108-1166
Attorney for: PLAINTIFF
Telephone: 717-237-5439
Supreme Court ID No. 24848
)
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
: DOCKET NO. 08-707 Civil
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
: MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. 3129.2(c)(2)
Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears
and affirms that the person or persons listed below, whose names appear in the Affidavit filed in
this proceeding pursuant to Pa. R.C.P. 3129.1, were served with the Notice of Sheriffs Sale
Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with
certificates of mailing. A copy of each certificate of mailing is attached hereto.
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17011
Attention: Eric D. Krimmel
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania Bureau of
Compliance
PO Box 280946
Harrisburg, PA 17128-0946
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April 2008 By:
G ff, Esquire
upreourt ID #2484$
100 Piz/Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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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 LAND HOLDING INC is the grantee the same having been sold to said
grantee on the 5th day of NOV A.D., 2008, under and by virtue of a writ Execution issued on the 3rd
day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008
Number 707, at the suit of PNC BANK N A against CHRISTINE E SMITH & RANDALL W is duly
recorded as Instrument Number 200922886.
IN TESTIMONY WHEREOF, I have hereunto set my hand
andAeal of said office this -0-d day of
A. D. v
/ Recorder of Deeds
R w. c''Uxk Cumpse" County, CIAWS, PA
?y Conrai.,ia, to Fk* Mw4my of Jan. 9D10
A
rNC Bank, Natiopal Association In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Christine E. Smith and Randall W. Smith Writ No. 2008-707 Civil Term
Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June
21, 2008 at 13 10 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Christine E.
Smith and Randall W. Smith, by making known unto Christine E. Smith and Randall W. Smith
personally, at 1105 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania its
contents and at the same time handing to them personally the said true and correct copies of the
same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July
24, 2008 at 1115 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 Christine E. Smith and Randall W.
Smith located at 3804 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Christine E.
Smith and Randall W. Smith by regular mail to their last known address of 1105 Chelmsford Drive,
Mechanicsburg, PA 17050. These letters were mailed under the date of July 2, 2008 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on November 5,
2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Geoffrey Shuff, on
behalf of Land Holding, LLC, of, 1097 Commercial Avenue, #294-512, East Petersburg, PA 17520
being the buyer in this execution, paid to Sheriff R. Thomas Kline the suns of $ 1,991.49
Sheriffs Costs:
Docketing $30.00
Poundage 39.26
Posting Bills 60.00
Advertising 60.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 18.40
Levy 60.00
Surcharge 60.00
Post Pone Sale 20.00
Law Journal 803.00
Patriot News 688.19
Share of Bills 17.64
Distribution of Proceeds 25.00
Sheriffs Deed 49.50
$1,991.49
/ 71, 410 1 4-
/L L1
So Answers:
R. Thomas Kline, Sheriff
By 0A
Real Estate Coordinator
N
("J
1
Q? 77 C 7
? ,rt
ri
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
: DOCKET NO. 08-707 Civil
MORTGAGE FORECLOSURE
PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property
consisting of one tract of land together with the buildings and improvements erected thereon
located in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as
3804 Gettysburg Road, Camp Hill, Pennsylvania 17011, Parcel No. 13-23-0553-025.
1. Name and address of owner or reputed owners:
Christine E. Smith and Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
2. Name and address of defendants in the judgment:
Christine E. Smith and Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
3. Name and address of everyjudgment creditor (other than the Plaintiff herein) whose judgment is
a record lien on the real property to be sold:
Commonwealth of Pennsylvania Bureau of Compliance
PO Box 280946
Harrisburg, PA 17128-0946
4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage
of record:
None
5. Name and address of every other person who has any record lien on the property: None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale: None
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, PNC Bank, National Association,
verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
Respectfully submitted,
Date: April Z, 2008
McNees Wallace & Nurick LLC
By:
ffrey . Shuff, Esquire
Supre e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
CHRISTINE E. SMITH and RANDALL
W. SMITH,
Defendants
DOCKET NO. 08-707 Civil
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO:
Christine E. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Randall W. Smith
1105 Chelmsford Drive
Mechanicsburg, PA 17050
PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17011
Attention: Eric D. Krimmel
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Peraisylvania Bureau of
Compliance
PO Box 280946
Harrisburg, PA 17128-0946
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: September 3, 2008
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: one lot of land together with the
buildings and improvements erected thereon located in Lower Allen Township, Cumberland
County, Pennsylvania, known and numbered as 3804 Gettysburg Road., Camp Hill, Pennsylvania
17011, Parcel No. 13-23-0553-025.
THE JUDGMENT under or pursuant to which your property is, being sold is docketed in
the within Commonwealth and County to: PNC Bank, National Association vs. Christine E. Smith
and Randall W. Smith, No. 08-707, in the amount of $746,701.14, plus interest at the rate of
$119.35 per day from January 28, 2008, through the date of payment, including on and after the
date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the
mortgaged property until the Sheriffs Sale.
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are:
Christine E. Smith and Randall W. Smith.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE, OF THE TIME AND PLACE nF THE, SALE, OF
YOUR PROPERTY,
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before; presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to
the Court.
A copy of the Writ of Execution is attached hereto (or is available from the County
Prothonotary or Sheriff).
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April 2-, 2008 By:
OUo-fffey S. Shu , Esquire
Supreme Cou?YID #24848
100 Pine Street, PO Box 11,66
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
ALI, THOSE CERTAIN four tracts or parcels of land and premises, situate, lying and being in the
Township of Lower Allen, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO. 1: BEGINNING at a point in the center line of the Gettysburg Road, a/k/a L.R.
210099, which point is in the Eastern line of the tract of land of which the tract described was
formerly a part; thence in the center line of said highway, South sixty-two (620) degrees eighteen
(18') minutes West seventy-seven and four tenths (77.4') feet to a point; thence by other lands now
or formerly of Sophia E. Emlet, widow, North twenty-seven (27°) degrees forty-two (42') minutes
West eighty-five (85') feet to a point which is the Southwest corner of the lot heretofore conveyed
to Paul P. Hiner and Carrie M. Hiner; thence by said lot, North sixty-two (62°) degrees eighteen
(18') minutes East seventy-seven and four tenths (77.4') feet; thence South twenty-seven (270)
degrees forty-two (42') minutes East eighty-five (85') feet to the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point in the center of an existing driveway at the intersection
of the Eastern line of the tract of which this was formerly a part and the Northern line of other
property now or formerly of Paul P. and Carrie M. Hiner; thence in the center line of said driveway
or an extension thereof, North twenty-seven (27°) degrees forty-two (42') minutes West twenty-eight
(28') feet to a point; thence by other lands now or formerly of Sophia E. Ernlet, widow, South sixty-
two (62°) degrees eighteen (18') minutes West seventy-seven and four tenths (77.4') feet to a point;
thence by the same South twenty-seven (27°) degrees forty-two (42') minutes East twenty-eight (28')
feet to a point at the northwest corner of the lot heretofore conveyed to Paul P. and Carrie M. Hiner;
thence by the Northern line thereof, North sixty-two (62°) degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4') feet to the place of BEGINNING.
TRACT NO. 3: BEGINNING at a point on the dividing line between the property of Paul E. and
Sophia E. Emlet, and property now or formerly of H. B. Baker, which point is eighty-five (85') feet
from a point in the center line of the Harrisburg-Gettysburg Highway, formerly U.S. Route 15, said
distance being measured along a course North twenty-seven (271) degrees forty-two (42') minutes
West from the center line of said highway , said point in the center of said highway being two
hundred forty-two and four tenths (242.4') feet from the Northeast intersection of Orchard Avenue
and said State Highway; thence from said point of Beginning along lands now or formerly of Paul
E. and Sophia E. Emlet, of which the lot described was formerly a part., South sixty-two (620)
degrees eighteen (18') minutes West seventy-seven and four tenths (77.4) feet to a pin; thence along
the same, North twenty-seven (270) degrees forty-two (42') minutes West, one hundred fifty-three
(153') feet to a pin; thence by the same, North sixty-two (62°) degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4') feet to a point in line of lands now or formerly of H. B. Baker;
thence by the same South twenty-seven (27°) degrees forty-two (42') minutes East, one hundred
fifty-three (153') feet to the place of BEGINNING.
TRACT NO. 4: ALL THAT CERTAIN lot of ground located on the North side of Gettysburg
Road known as L. R. 21099, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of said road, which point is in the western line of Tract No.
1 of two tracts of land conveyed to Paul P. and Carne M. Hiner by Deed dated October 12, 1967;
thence in the center line of said highway South sixty-two (62°) degrees eighteen (18') minutes West
seventy-one (71') feet to a point; thence by an existing concrete wall North twenty-seven (270)
degrees forty-two (42') minutes West two hundred sixty-six (266') feet to a point; thence North
sixty-two (62°) degrees eighteen (18') minutes East seventy-one (71') feet to a point, which point
is at the northwest corner of Tract No. 2 conveyed to Paul P. and Carrie M:. Hiner by Deed dated
October 12, 1967; thence along property of Paul P. and Carrie M. Hiner South twenty-seven (27°)
degrees forty-two (42') minutes East two hundred sixty-six (266') feet, to the place of
BEGINNING.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-707 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From CHRISTINE E. SMITH and RANDALL W. SMITH
(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 $746,701.14
Interest from 1/28/08 -- $119.35 per diem
Atty's Comm %
L.L.$ 0.50
Due Prothy $2.00
Atty Paid $176.06
Plaintiff Paid
Date: 4103/08
(Seal)
Other Costs to be Added
C/ &4! -
Pr
othonotary
By:
Deputy
REQUESTING PARTY:
Name: GEOFFREY S. SHUFF, ESQUIRE
Address: MCNEES WALLACE & NURICK, LLC
100 PINE STREET
PO BOX 1166
HARRISBURG, PA 17108-1166
Attorney for: PLAINTIFF
Telephone: 717-237-5439
Supreme Court ID No. 24848
Real Estate Sale #05
On April 30, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 3804 Gettysburg Road, Camp Hill
more fully described on Exhibit "A"
filed with this writ and by this reference
to
incorporated herein.
Date: April 30, 2008 By:
Real Estate Sergeant
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:
July 18 July 25 and August 1 2008
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.
i Marie Coyne, Edi tr
SWORN TO AND SUBSCRIBED before me this
L _day of August, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO. 5
Writ No. 2008-707 Civil
PNC Bank, National Association
VS.
Christine E. Smith
and Randall W. Smith
ALL THOSE CERTAIN four tracts
or parcels of land and premises,
situate, lying and being in the Town-
ship of Lower Allen, in the County
of Cumberland and Commonwealth
of Pennsylvania, more particularly
described as follows:
TRACT NO. 1: BEGINNING at a
point in the center line of the Gettys-
burg Road, a/k/a L.R. 210099, which
point is in the Eastern line of the tract
of land of which the tract described
was formerly a part; thence in the
center line of said highway, South
sixty-two (62°) degrees eighteen (18')
minutes West seventy-seven and four
tenths (77.4') feet to a point; thence
by other lands now or formerly of So-
phia E. Emlet, widow, North twenty-
seven (27°) degrees forty-two (42')
minutes West eighty-five (85') feet to
a point which is the Southwest corner
of the lot heretofore conveyed to Paul
P. Hiner and Carrie M. Hiner; thence
by said lot, North sixty-two (62°)
degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4')
feet; thence South twenty-seven (27°)
degrees forty-two (42') minutes East
eighty-five (85) feet to the place of
BEGINNING.
TRACT NO. 2: BEGINNING at a
point in the center of an existing
driveway at the intersection of the
Eastern line of the tract of which this
was formerly a part and the Northern
line of other property now or formerly
of Paul P. and Carrie M. Hiner; thence
in the center line of said driveway or
an extension thereof, North twenty-
seven (27°) degrees forty-two (42')
minutes West twenty-eight (28') feet
to a point; thence by other lands
now or formerly of Sophia E. Emlet,
widow, South sixty-two (62°) degrees
eighteen (18') minutes West seventy-
seven and four tenths (77.4') feet to
a point; thence by the same South
twenty-seven (27°) degrees forty-two
(42') minutes East twenty-eight (28')
feet to a point at the northwest cor-
ner of the lot heretofore conveyed to
Paul P. and Carrie M. Hiner; thence
by the Northern line thereof, North
sixty-two (62°) degrees eighteen (18')
minutes East seventy-seven and
four tenths (77.4') feet to the place
of BEGINNING.
TRACT NO. 3: BEGINNING at a
point on the dividing line between the
property of Paul F and Sophia E. Em-
let, and property now or formerly of
H. B. Baker, which point is eighty-five
(85') feet from a point in the center
line of the Harrisburg-Gettysburg
Highway, formerly U.S. Route 15,
said distance being measured along
a course North twenty-seven (27°)
degrees forty-two (42') minutes West
from the center line of said highway,
said point in the center of said high-
way being two hundred forty-two
and four tenths (242.4') feet from the
Northeast intersection of Orchard
Avenue and said State Highway;
thence from said point of Beginning
along lands now or formerly of Paul E.
and Sophia E. Emlet, of which the lot
described was formerly a part, South
sixty-two (62°) degrees eighteen (18')
minutes West seventy-seven and four
tenths (77.4') feet to a pin, thence
along the same, North twenty-seven
(27°) degrees forty-two (42') minutes
West, one hundred fifty-three (153')
feet to a pin; thence by the same,
North sixty-two (62°) degrees eight-
een (18') minutes East seventy-seven
and four tenths (77.4') feet to a point
in line of lands now or formerly of H.
B. Baker; thence by the same South
twenty-seven (27°) degrees forty-two
(42') minutes East, one hundred
fifty-three (153') feet to the place of
BEGINNING.
TRACT NO. 4: ALL THAT CERTAIN
lot of ground located on the North
side of Gettysburg Road known as L.
R. 21099, more particularly bounded
and described as follows, to wit:
BEGINNING at a point in the
center of said road, which point is in
the western line of Tract No. 1 of two
tracts of land conveyed to Paul P. and
Carrie M. Hiner by Deed dated Oc-
tober 12, 1967; thence in the center
line of said highway South sixty-two
(62°) degrees eighteen (18') minutes
West seventy one (71') feet to a point;
thence by an existing concrete wall
North twenty-seven (27°) degrees
forty-two (42') minutes West two hun-
dred sixty-six (266') feet to a point;
thence North sixty-two (62°) degrees
eighteen (18') minutes East seventy-
one (71') feet to a point, which point
is at the northwest corner of Tract
No. 2 conveyed to Paul P. and Car-
rie M. Hiner by Deed dated October
12, 1967; thence along property of
Paul P. and Carrie M. Hiner South
twenty-seven (27°) degrees forty-
two (42') minutes East two hundred
sixty-six (266') feet, to the place of
BEGINNING.
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
The P atriot-News
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
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on /the date(s) shown below:
07/23/08
07/30/08
08/06/08
Sworn to and-sugscri d ore me this 22Q'dayl'?f &xug,ust, 2008 A.D.
Notary Public
2OMMONW?E.ALTH OF PENNSYLVANIA
Sherrie L. KWw, Notary publc
City Of Harriet "i Det#M
My CmIty
Cww6aion E?ires Nov. 26,2011
Member, PennsyNania Association of Notaries
Real Estate Sale No. 5
Writ No. 2008-707 Civil Term
PNCBank, National Association
VS
Christine E. Smith and Randall
W. Smith
Attorney Geoffrey Shuff
LEGAL DESCRIPTION
ALL THOSE CERTAIN four tracts or parcels of
land and premises, situate, lying and being in the
Townshipof Lower Allen, in the Countyof
Cumberlandand Commonwealthof
Pennsylvania, more particularly described as
follows:
TRACT NO. 1: BEGINNING at a point in the
center he of the Gettysburg Road, a/k/a L.R.
210099, which point is in the Eastern line of the
tract of land of which the tract described was
formerly a part; thence in the center line of said
highway, South sixty-two (62°) degrees eighteen
(18') minutes West seventy-seven and four tenths
(77.4') feet to a point; thence by other lands now
or formerly of Sophia E. Emlet, widow, North
twenty-seven (27°) degrees forty-two (42')
minutes West eighty-five (85') feet to a point
which is the Southwest comer of the lot
heretofore conveyed to Paul P. Hiner and Came
M. Hiner; thence by said lot, North sixty-two
(62°) degrees eighteen (18') minutes East
seventy-seven and four tenths (77.4') feet;
thence South twenty-seven (27°) degrees forty-
two (42') minutes East eighty-five (85') feet to
the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point in the
center of an existing driveway at the intersection
of the Eastern line of the tract of which this was
formerly a part and the Northern line of other
property now or formerly of Paul P. and Carrie
M. Hiner; thence in the center line of said
driveway or an extension thereof, North twenty-
seven (27°) degrees forty-two (42') minutes
West twenty-eight (28') feet to a point; thence
by other lands now or formerly of Sophia E.
Emlet, widow, South sixty-two (62°) degrees
eighteen (18') minutes West seventy-seven and
four tenths (77.4') feet to a point; thence by the
same South twenty-seven (27°) degrees forty-
two (42') minutes East twenty-eight (28') feet to
a point at the northwest comer of the lot
heretofore conveyed to Paul P. and Came M.
Hiner; thence by the Northern line thereof,
North sixty-two (62°) degrees eighteen (18')
minutes East seventy-seven and four tenths
(77.4') feet to the place of BEGINNING.
TRACT NO. 3: BEGINNING at a point on the
dividing line between the property of Paul E.
and Sophia E. Emlet, and property now or
formerly of H. B. Baker, which point is eighty-
five (85') feet from a point in the center line of
the Harrisburg-Gettysburg Highway, formerly
U.S. Route 15, said distance being measured
along a course North twenty-seven (27Z) degrees
forty-two (42') minutes West from the center
line of said highway, said point in. the center of
said highway being two hundredforty-two and
four tenths (242.4') feet from the Northeast
mtersachon of Orchard Avenue and said State
Highway; thence from said point of Beginning
along lands now or formerly of Paul E. and
Sophia E. Emdet, of which the lot described was
formerly a part, South sixty-two (62°) degrees
eighteen (18') minutes West seventy-seven and
four tenths (77.4') feet to a pin; thence along the
same, North twenty-seven (27°) degrees forty-
two (42') minutes West, one hundred fifty-three
(153') feet to a pin; thence by the same, North
sixty-two (62°) degrees eighteen 08') minutes
East seventy-seven and four tenths (77.4') feet to
a point in line of lands now or formerly of H.
B.Baker; thence by the same South twenty-seven
(27°) degrees forty-two (42') minutes East, one
hundred fifty-three (153') feet to the place of
BEGINNING.
TRACT NO. 4: ALL THAT CERTAIN lot of
ground located on the North side of Gettysburg
Road known as L. R. 21099, more particularly
bounded and described as follows, to wit:
BEGINNING at a point in the center of said
road, which point is in the western line of Tract
No. 1 of two tracts of land conveyed to Paul P.
and Came M. Hiner by Deed dated October 12,
1967; thence in the center line of said highway
South sixty-two (62°) degrees eighteen (18')
minutes West seventy-one (71') feet to a point;
thence by an existing concrete wall North
twenty-seven (27°) degrees forty-two (42')
minutes West two hundred sixty-six (266') feet
to a point; thence North sixty-two (62°) degrees
eighteen (18') minutes East seventy-one (71')
feet to a point, which point is at the northwest
comer of Tract No. 2 conveyed to Paul P. and
Carrie M. Hiner by Deed dated October
12,1967; thence along property of Paul P. and
Came M. Hiner South twenty-seven (27°)
degrees forty-two (42') minutes East two
hundred sixty-six (266') feet, to the place of
BEGINNING.
LILLIAN G. HOCKENSMITH, a Minor,
by her Parents and Natural Guardians,
MELISSA S. HAUBERT and ROBERT
HOCKENSMITH, and ROBERT
HOCKENSMITH and MELISSA S.
HAUBERT, husband and wife, in their own
right,
Plaintiffs
V.
QUALITY CARE PHARMACY, INC. and
WALNUT BOTTOM MEDICAL
CENTER, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-00707
CIVIL TERM
JURY TRIAL DEMANDED
,CERTIFICATE PREREQUISITE TO SERVE A' SUBPOENA
PURSUANT TO RULE 40ti92
As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule
4009.22, Defendants certify that:
1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached
thereto was mailed to each parry at least twenty (20) days prior to the date on which
the Subpoena is sought to be served.
2. A copy of the Notice of Intent including the proposed Subpoena is attached to this
Certificate.
3. No objection to the Subpoena has been received.
4. The Subpoena which will be served is identical to the Subpoena which is attached to
the Notice of Intent.
THOMAS, THOMAS & HAFER, LLP
4cIti
Date: 10 -'10 -- 01
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7632
Attorney for Defendant
Quality Care Pharmacy, Inc.
749499.1
LILLIAN G. HOCKENSMITH, a Minor,
by her Parents and Natural Guardians,
MELISSA S. HAUBERT and ROBERT
HOCKENSMITH, and ROBERT
HOCKENSMITH and MELISSA S.
HAUBERT.. husband and wife, in their
own right,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-00707
CIVIL TERM
Plaintiffs
V.
JURY TRIAL DEMANDED
QUALITY CARE PHARMACY, INC. and
WALNUT BOTTOM MEDICAL
CENTER, LLC,
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Quality Care Pharmacy, Inc., intends to serve a subpoena identical to the one
that is attached to this notice. You have twenty (20) days from the date listed below in which to
file of record and serve upon the undersigned an objection to the subpoena. If no objection is
made, the subpoena may be served.
Date: )10- 1- D '
THOMAS, THOMAS & HAFER, LLP
By: 1?t C 1[k Ac -e d eA c
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorney for Defendant
Quality, Care Pharmacy, Inc.
742S1"_'.l
LILLIAN G. HOCKENSMITH, a Minor, by her
Parents and Natural Guardians, MELISSA S.
HAUBERT and ROBERT HOCKENSMITH, and
ROBERT HOCKENSMITH and MELISSA S.
HAUBERT, husband and wife, in their own right,
Plaintiffs
V.
QUALITY CARE PHARMACY, INC. and
WALNUT BOTTOM MEDICAL CENTER, LLC,
Defendants
CIVIL TERM
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Custodian of Records, Carlisle Pediatric Associates, 804 Belvedere Street, Carlisle, PA 17013.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment
rendered on behalf of LILLIAN G. HOCKENSMITH, SSN: 173-68-0782, DOB: 08/06/2007, including, but not
limited to patient histories, charts, progress notes, consultation reports, medication charts, telephone log notes,
statements of injury, diagnosis, prognosis, x-ray and/or MRI films/images or other diagnostic studies, diagnostic
test results and reports, without limitation.
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of
compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of
preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena
may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Kevin C. McNamara, Esquire
ADDRESS 305 N. Front Street. P. 0. Box 999
Harrisburq PA 17108
TELEPHONE: (717) 237-7132
SUPREME COURT ID No: 72668
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-00707
Prothonotary/Clerk, Civil Division
Deputy
742508.1
CERTIFICATE OF SERVICE
L Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP,
hereby certify that I have served a true and correct copy of the foregoing document on the following
persons by placing a copy of the same in the United States mail, first class mail, directed to their
office addresses as follows:
Richard H. Hausman, Esquire
Ostroff Law Firm, PC
527 Plymouth Road, Suite 413
Plymouth Meeting, PA 19462
Walnut Bottom Medical Center, LLC
219 North Baltimore Avenue
Mount Holly Springs, PA 17065
THOMAS, THOMAS & HAFER, LLP
By: ??\
Rick Stains, Jr., Paralegal to
Kevin C. McNamara
Date: l p 14?b
742512.1
CERTIFICATE OF `SERVICE
I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby
certify that I have served a true and correct copy of the foregoing document on the following person
by placing same in the United States mail, postage prepaid, on the date set forth below:
Richard H. Hausman, Esquire
Ostroff Law Firm, PC
527 Plymouth Road, Suite 413
Plymouth Meeting, PA 19462
Walnut Bottom Medical Center, LLC
219 North Baltimore Avenue
Mount Holly Springs, PA 17065
THOMAS, THOMAS & HAFER, LLP
By:
Rick Stains, Jr., Par egal to
Kevin C. McNamara
Date: 10120161
749499.1
FILED- 43f. x"Iv
OF THIS PP a _.?!'-%N )TRAY
2009 NOV -2 PPS 3: Q9
PD411vSYLY NA