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HomeMy WebLinkAbout08-3097BARLEY SNYDER LLC William F. Colby, Jr., Esquire ?Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. OS 3097 Civil -&K NOTICE TO DEFEND 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2271156-1 2 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. O k. 3697 & J Tom.., Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACI6N SOME EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMA06N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2271156-1 2 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. OR- 3a 97 ote 14 ].cam COMPLAINT Susquehanna Bank PA, Successor by Merger to Community Banks, N.A., is a banking institution maintaining a mailing address of P. O. Box 639, Maugansville, MD 21767- 0639 (the "Plaintiff') 2. Robert Wagner, a/k/a Robert R. Wagner ("Defendant") is an adult individual who owns and was last known to reside at 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, PA 17007 (the "Premises"). A description of the Premises is made a part hereof, attached hereto, and marked Exhibit "A." 3. On or about August 8, 2000, Defendant borrowed from Plaintiff the amount of Twenty-six Thousand Eight Hundred Four Dollars and Forty-six Cents ($26,804.46), evidenced by a Fixed Rate Consumer Note, Disclosure and Security Agreement dated August 8, 2000, executed by Defendant and delivered to Plaintiff (the "Note"). 4. The Note is secured by an Open-End Mortgage (the "Mortgage"), dated August 8, 2000, executed by Defendant, and recorded in Record Book Volume 1632, Page 978, in the Office of the Recorder of Deeds for Cumberland County, on the Premises. A true and correct copy of the Note and Mortgage (the "Mortgage Documentation") are attached hereto, made a part hereof, and marked Exhibit "B." Pursuant to the terms of the Mortgage Documentation, Defendant was to repay principal and pay interest to Plaintiff in the amount of Three Hundred Forty-nine Dollars and Forty-one Cents ($349.41) in 119 regular monthly payments beginning September 8, 2000, with a final payment of the unpaid principal balance plus accrued interest due and payable on August 8, 2010. 6. Pursuant to the Mortgage Documentation, Defendant defaults under the terms and provisions of the Mortgage Documentation when he fails to make monthly payments when due. 7. Defendant failed to make required monthly payments pursuant to the Mortgage Documentation from January 8, 2008, and monthly thereafter. 8. Notice of Intention to Foreclose as required by the Mortgage Documentation and Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) (the "Notice") was sent to Defendant by Certified Mail, Return Receipt Requested and regular first-class mail on March 12, 2008, at the Premises. A true and correct copy of the Notice is attached hereto, made a part hereof and marked Exhibit "C." 2271156-1 2 9. Plaintiff believes and therefore avers that Defendant has not paid the real estate taxes on the Premises for the tax years of 2006 and 2007, as reported on the real estate tax record for the Premises. 10. As a result of Defendant's failure to pay to Plaintiff monthly payments and failure to pay real estate taxes when due pursuant to the Mortgage Documentation, Plaintiff maintains the right to accelerate the maturity date of the Loan and declare the entire unpaid principal balance plus accrued and unpaid interest owed on the Loan to be due and payable immediately. Plaintiff exercises this option. 11. In addition to amounts of principal, interest, late fees and other charges owed to Plaintiff by Defendant, Plaintiff is entitled to attorney's fees. 12. Plaintiff avers that attorney's fees of its counsel, Barley Snyder LLC, are Three Thousand Dollars ($3,000.00), which fees Plaintiff seeks from Defendant. 13. The attorney's fees referred to in the preceding paragraph, and set forth below, are in conformity with the Pennsylvania law and the Mortgage Documentation and will be collected in the event of a third party purchaser at sheriff s sale. If the Mortgage is reinstated prior to the sale date, reasonable attorney's fees will be charged based on the work actually performed. 14. As of May 5, 2008, the amount due on the Mortgage Documentation is as follows: Principal Balance $6,965.56 Interest ($1.55/per diem) 252.24 Late Fees ($17.47/per month) 69.88 Miscellaneous Fees (Forced place insurance, etc.) 40.00 Attorney's Fees 3,000.00 Total $10,327.68 plus interest at the per diem rate of One Dollar and Fifty-five Cents ($1.55) per day from May 5, 2008, monthly late fees in the amount of Seventeen Dollars and Forty-seven Cents ($17.47) from May, 2008, any additional attorney's fees and court costs. 2271156-1 15. Plaintiff has demanded payment from Defendant but despite this demand, Defendant has refused and continues to refuse to make payment. WHEREFORE, Plaintiff, Susquehanna Bank PA, demands judgment against Defendant in the amount of Ten Thousand Three Hundred Twenty-seven Dollars and Sixty-eight Cents ($10,327.68) plus interest at the rate of One Dollar and Fifty-five Cents ($1.55) per day from May 5, 2008, monthly late fees in the amount of Seventeen Dollars and Forty-seven ($17.47) from May 2008, any additional attorney's fees, court costs, any other charges imposed by this Court, and for the foreclosure and sale of the Premises. Respectfully submitted, BARLEY SNYDER LLC By William F. Colby, Jr., Esqu e Keith Mooney, Esquire Attorney for Plaintiff 501 Washington Street P. O. Box 942 Reading, PA 19603-0942 (610) 376-6651 I.D. No. 46880; 74001 2271156-1 4 EXHIBIT "A" ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Registered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 11 degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one story brick and aluminum dwelling house with attached carport. EXHIBIT A COI11YT1Unity BORRgwER c ` Wa FIXED RATE Banks N A R . rt gner , . . CONSUMER NOTE, ,5 Market Square DISCLOSURE AND P.O. BO Box 350 350 P.O. ADDRESS Millersburg, PA 17061 211 Shughart Ave SECURITY (717) 692-4781 Boiling Springs, PA 17007 "LENDER" TELEPHONE NO. IDENTIFICATION NO. (717) 243-0229 AGREEMENT OFFICER IDEN7IRCATtON INTEREST RATE -- PRINCIPAL AMOUNT FUNDING DATE MATURITY DATE ------ CUSTOMER NUMBER 1 LOAN NUMBER _92__ _ __, 9.675 08108/00 08/08/10 9300 4501 COST OF THE CREDIT AS A YEARLY 9.675% DOLLAR AMOUNT THE CREDIT WILL COST THE AMOUNT OF CREDIT PROVIDED TOTHE THE AMOUNT BORROWERWILLHAVEPAIDA-rIE- BORROWER OR ON BORROWER'S BEHALF. PAYMENTS HAVE BEEN MADE AS SCHEDULED. $15,124.74 $26,804.46 $41,929.20 NUMBER OF PAYMEN TS AMOUNI OF PAYMENTS WHEN PAYMENTS ARE DUE 120 $ 349.41 Monthly beginning 09/08/00 UemANU rrAIUHe: LJ This loan contains a demand feature. a means an estimate REQUIRED DEPOSITS: F-] The Annual Percentage Rafe does not lake Into account required deposits. SECURITY: A security Interest has been granted in: I I Collateral securing other loans with Lender may also secure this loan;] Any deposit accounts of Borrower with Lender, ?Thegoodsorpropertybeingpurchused; (t?her: 211 Shughart Ave., Boiling Springs, Pa 17007 FILING FEES AND TAXES: $ 43 . 00-_- in fees and taxes are being paid to public officials in order to research, perfect or release a security interest in the Collateral. PREPAYMENT: If Borrower pays off early, Borrower L I may [_A will not have to pay a penalty. [ - [ may [_ [ will not be entitled to a refund of part of the finance charge. ITEMIZATION: [_X[Borrower has the right to receive at this time an Itemization of the Amount Financed. Borrower LA does L]does not want an Itemization. LATE CHARGE: If a payment is received more than ..15. days late, Borrower will be charged a late charge of: ? -- __-%of the unpaid amout of the late payment; [ x[ _-_ 5.00 % of the unpaid amount of the late payment or $ 5. 00 -,-Whichever is -Oater [ e49, ASSUMPTION: [ X[ This loan may not be assumed on its original terms. [This loan may be assumed on its original terms, subject to certain conditions. See the provisions below and on the reverse side for additional information about nonpayment, default, prepayment penalties and refunds and acceleration. PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender the principal amount of Twenty Six Thousand Eight Hundred Four and 46/100 .-Dollars ($ plus interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to accrued, unpaid Interest, then to unpaid principal and then to any late charges, as described above, and expenses or In any other order as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: Interest shall be computed on the basis of _12_ -equal monthly periode_ _ per year. Interest on this Note shall be calculated and payable at a fixed rate of _.-_-- 9 . 67-5--% per annum. POST-MATURITY RATE: After maturity, whether due to scheduled maturity or acceleration, Lender may increase the interest rate on this Note to: Rate in effect at time of maturity plus two percent (2nk). or t rnax mum interest raate Lertr er is permihed to-6a rge by law, wFicver fuss, rom We date o maturity until paid-- - - PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: On demand, but if no demand is made, then: 119 payments of $349.41 beginning September 08, 2000 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on August 08, 2010. PREPAYMENT: This Note may be prepaid in part or In full on or before Its maturity date. It this Note contains more than one Installment, any partial prepayment will not affect the due date or the amount of any subsequent Installment, unless agreed to, In writing, by Borrower and Lender. It this Note V Is?prepaid In full there will be: [R] No minimum finance charge or prepayment penally. ? A minimum Onance charge of $ ( 1 A prepayment penalty of: COLLATERAL: To secure the payment and performance of the Obligations (as defined on the reverse side), Borrower grants to Lender a security Interest In and pledges and assigns to Lender all of Borrower's right, title and Interest In the following described property whether now owned or hereafter existing or acquired and wherever located (the "Collateral"): (a) All monies, instruments, savings, checking and other accounts of Borrower (exeludin IRA, Keogh trust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in Lender's custody or control; (b) If checked, the following property as well as any other property described in any other security instruments securing this Note or all of Borrower's obligations: The property pledged under a mortgage dated August 08, 2000. and, (c) All proceeds and products of the property as well as any replacements, accessions, substitutions, and additions to any of the above. RENEWAL: ? If checked, this Note Is a renewal, but not a satisfaction, of Loan Number signs and agrees to pay the additional cost. VENDOR'S SINGLE INTEREST ("VSI')INSURAI ERVES THE RIGHT TO REFUSE TO ACCEPT SUCH INSURER FOR REASONABLE CAUSE. No insu toberl Womyter CO-INSURED: Januaryl4, 1951 BIRTHDATE: LIFE []CREDIT LIFE NT AND HEALTH []A' CIDENT AND HEALTH VTARY UNEMPLOYMENT INVOLUNTARY UNEMPLOYMENT NER DECLINES ALL OF THE ABOVE JBORROWER DECLINES ALL OF THE ABOVE NER Ej4tCTS VSI WSURANCEI THROUGH LENDER nce are not raqulred to obtain credit and will not b MAY BE OBTAINED FROM AN INSURER OF BORROWER'S e is provided unless a premium Is paid and a policy TERM PREMIUM 120 months $ 5. @2_ 120 months _ g 2 381.57 - - $ - -n a -- TOTAL PREMIUMS $ 3 a2_7-4§ S1DE„AUII.?nER_ACKNOWLEDGE RECgPT OF AN EXACT COPY. ??.p W ' IN WI ERE[ffOO`"'FFSa *A1114 )' J,# `aused this Inswment to be execuletl as a sddNBJAMe??t1+ 1MS 3rd day m "jWst, 200)(114P+ I s,? K+f ^p± ta'H1:4pt- J ) iitr ,4.1a rut, 1 1 (Seal BORROWER:/' (Seal) l..___ bNrt 1)T neY % BORROWER: r (Seal' .e1` "Il ( (Seal) not-If LPPA125 b FonnAllonTechn,N II I,t'0100*A o0S. Inc. (5/1/96) (800)937.8799 I ^T EXHIBIT 1. OBLIGATIONS: The Collateral shall secure Ina TERMS AND CONDITIONS - ,r- - t n it q indebtedness under the promissory rotes and agreement descand performance ribed here' inc o luding all future present advances made to Borco-ir by Lender and all expendilue?ncurrrednbysLendernupon the occurrence of pn Event of Default (collectively 'Obligations'): (a) this Note; (b)d a checked, as other presently existing or future evidences 01 indebtedness, agreements, instruments, or otherwise of Borrower to Lender (whether Incurred for the same or ll erent purposes than the foregoing); however, 0 securing indebtedness other than this Note with the Collateral vitiates any stale or federal law, rub, or regulation, including, but not kmited to, failure to provide any right of rescission when required, Lender waives the security - interest in that part of the Collateral that would cause any such violation with respect to such Indebtedness; and (c) all renewals, extensions, amendments, modifications, replacements or substitutions to any of the foregoing. If all or a part of the Collateral consists of a mortgage or deed of trust encumbering real property, the terms of the mortgage or deed of trust shelf govern whether it may secure indebtedness other than this Note. 2. COVENANTS: Borrower covenants and warrants thgqC ( W'INOWIIIANGO.- The Collateral *INitlP tlW Infulifd'Ibr'I?np xahls egaWt all haDaEy ' r. qp, m*v oobbTT f• he 1ue; hood, collision, tllor other casualty. '111N8"e Inall •a motor vafte, Borrower will a Collateral consiste'l ir cornprehenske and collision coverage in amounts at least equal to the actual cash value of the vehicle with deductibles not to exceed $ n a . Borrower shall furnish Lender with evidence of insurance indicating the required coverage. All insurance policies must have a loss payable clause with a provision that requires the insurance company to give Lender at least 3 0 days advance written notice prior to any alteration or cancellation. Insurance may be obtained from an insurance company of Borrower's choice; however, such company must be licensed to do business in the slate the Collateral is located and the policy must be in a form and content acceptable to Lender. Borrower hereby assigns to Lender all Borrower's right, tide and interest in and to proceeds of Insurance not exceeding the amount owed under the Obligations, and hereby directs the insurer to pay all proceeds directly to Lender and agrees to execute such additional documents as Lender or the inst er may requite to effect this assignment. If the Collateral consists of a motor vehicle, and In the event Borrower lads to acquire or maintain insurance on cite motor vehicle, Lender (after providing notice as may be required by law) may in its discretion procure appropriate Insurance coverage upon the Collateral which shag be part of the Obligations secured by the Collateral. Lender may act as attorney-in-fact or agent for Borrower and is authorized to sign Borrower's name in making and segkng claims under Insurance policies, cancelling any policy or endorsing Borrower's name on any draft or negotiable instrument drawn by any insurer. (b) OWNERSHIP. Borrower is the sole owner of the Collateral and no other person or organization has a security interest in or claim to the Collateral. If the Collateral consists of a motor vehicle. Borrower shag Identify Lender as the security interest (ken) holder on the Lille documents until the Obligations are paid in full. Borrower, without the prior written consent of Lender, shad not grant an additional security Interest in the Collateral or sell, lease, dispose of or transfer the Collateral as long as the Obligations remain unpaid. Borrower will not permit any ken or encumbrance of any nature upon the Collateral. (c) LOCATION/USE. Unless Lender has possession of the Collateral, the Collateral will be kept at the Borrower's address. Unless the Collateral consists of a motor vehicle, Borrower win not remove the Collateral for more than thirty (30) days from INS address without the prior written consent of Lender. Borrower agrees to use the Collateral only for lawful purposes in compliance with all state and federal laws. It the Collateral is a motor vehicle, it will not be used to transport goods or persons lor hire, and it will not be operated by any person nol licensed as an operator. (d) MAINTENANCE. The Collateral is presently in good condition. Borrower, at his/her expense, will keep the Collateral in good condition. If the Collateral is a motor vehicle. Borrower shad maintain and service the vehicle as recommended by the manufacturer and as needed to keep the vehicle in good operating condition, Borrower will replace and repair all parts of the Collateral as may be necessary Irom time to time and will not permit any lien to be created because of such repairs. Borrower will permit Lender to inspect the Collateral at any reasonable time. (e) TAXES AND ASSESSMENTS. Borrower will pay all taxes, assessments and other charges upon the Collateral. If the Collateral is a motor vehicle, Borrower will pay all expenses and lees In connection wan licensing, registration and inspection. (1) OTHER. Upon the written request of Lender, Borrower will lurnish current financial statements and other reports concerning Borrower's financial condition. Borrower will imrnedialely notify Lender in writing at Lender's address if the Collateral is significantly damaged or stolen or if Borrower charges his/her address. 3. ADVANCES TO PERFORM COVENANTS: Lender may advance funds, In its sole discretion, to pay or satisfy any taxes, hens or other encumbrances upon the Collateral. Lender may also, in its sob discretion, pay for the repair, preservation, maintenance and insurance of the Collateral. All such advances and payments shad be a part of the Obligations under Ids Note. Lender shad also be entitled to enforce all other rights and remedies upon default or as permitted by law. Lender has no duly to take any action to protect the value of the Collateral or to exercise any rights of the Borrower with respect to the Collateral. 4. HOMESTEAD EXEMPTION: Borrower specifically waives any homestead exemption which may allach to the Collateral antler applicable federal or state law. 5. EVENTS OF DEFAULT: An Event of Default will occur under this Note in the event trial Borrower, any cosigner, any guarantor, or any other third party pledging Collateral to secure this Note: (a) falls to make any payment on this Note or any other Obligation or indebtedness to Lender when due; (b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other Obligation or Indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender, (d) sells, conveys, or transfers rights in any Collateral securing this Note without the written approval of Lender; destroys, loses or damages such Collateral in any material respect; or subjects such Collateral to seizure, con iscalon or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor or third party pledging collateral to secure INS Note, or any of their properly Including the Collateral; (1) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate as business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay any debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of satisfactory financial condition, or (h) causes Lender to deem itself insecure due to a significant decline in the value of the Collateral, or Lender, in good faith, believes the prospect of payment or performance is impaired. 6. RIGHTS OF LENDER ON EVENT OF DEFAULT: 11 there Is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) Ib declare file principal amount plus accrued interest under this Note and all other present and future Obligations of Borrower tnlmedialely due and payable in full, such acceleration shad be automatic and immediate it the Event of Default is a filing under the Bankruptcy Code, (b) to collect the outstanding Obligations of Borrower with or without resorting to judicial process; (c) to take possession of any Collateral in any manner permitted by law; (d) to require Borrower to deliver and make available to Lender any Collateral at a place reasonably convenient to Borrower and Lender; (e) to sell, tease or otherwise dispose of any Collateral and collect any deficiency balance with or without resorting to legal process, (1) to set-off Borrower's Obligations against any amounts due to Borrower including, but not limited to, incites, instruments, and deposit accounts maintained with Lender; and (g) to exercise as other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies udder this paragraph are in addition to those available at common taw, including, but not limited to, the right to set-off. 7. ADDITIONAL REMEDIES ON EVENT OF DEFAULT: It there is an Event of Default, Lender shalt also have all of the following rights and remedies of a secured party under the Uniform Commercial Code as enacted in the stale indicated in Lender's address: Lender may require Borrower to assemble the Collateral and deliver or make it available to Lender; Lender may lawfully enter Borrower's premises at any reasonable hour and take possession of the Collateral, render it unusable or lake any other action pursuant to law to gain possession of the Collateral; Larder may lawfully commence judicial proceedings to enforce its security interest in the Collateral; and Lender may sell the Collateral at public or private sale. Unless the Collateral Is perishable, threatens to decline speedily in value or is a type customarily soil on a recognized market, Lender will provide reasonable notification of the li mai and place of any sate or Intended disposition as required by the Uniform Commercial Code. If the Collateral consists of securities, Lender shall be emitted to translef the securities into the nanrne of Lender or its designee and to vole the Securities, to notify the issuer of the securities to remit any related dividends, interest and securities resulting from stock splits, reforganizatons and capitalizations directly to Lender or its designee. Lender shall be entitled to deduct its expenses of repossessing and selling the Collateral (including attorney's fees and court costs) from the proceeds of any sale and apply the balance Bust to urpad interest and then to principal owing on the Obligations. Borrower win remain liable for any deficiency, except as provided by law. 9. DEMAND FEATURE: ® It checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shag be in Lender's sole and absolute discretion, whether or not any default has occurred. 9. MODIFICATION AND WAIVER: The modification or waiver of any of Borrower's Obligations or Lender's rights under this Note must be contained in a writing signed by Lender. Lender may perform any of Borrowers Obligations or delay or fag to exercise any of its rights without causing a waiver of those obligations or niglus. A waiver on one occasion will not constilule a waiver on any other occasion. Borrowers Obligations under this Note shah not be affected if Lender amends, compromises, exchanges, tails to exercise, impairs or releases any of the Obligations belonging to any co-borrower, guarantor, cosigner, or any of its rights against any co-borrower, guarantor, cosigner, the Collateral or any other property securing the Obligations. Lender may accept and apply checks and other instruments marked 'Paid in Full' or with a sunder phrase describing a payment as full satisfaction of the Obligations incurred under INS Note, without being bound by that language and without waiving any rbrl its to payment of all amounts owing under this Note. 10. SEVERABILITY AND INTEREST LIMITATION: It any provision of this Note violates the law or is unenforceable, the rest of the Note shall remain valid. Notwithstanding anything contained in this Nola to the contrary, in no event shah interest accrue under this Note, before or after maturity, at a rate in excess of the highest rate permitted by applicable law, and it interest (including any charge or lee held to be interest by a court of competent jurisdiction) in excess thereof be paid, any excess shall constitute a payment of, and be applied to, the principal balance hereof, and if the principal balance has been fully paid, then such interest shall be repaid to Borrower 11. ASSIGNMENT: Borrower agrees not to assign any of Borrower's rights, remedies or Obligations described in this Note wllhout the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of its rights and ieredies described in this Note without notice to or the prior consent of Borrower. 12. NOTICE: Any notice or other communication to be provided to Borrower or Lender under this Note shall be in writing and sent to the parties at the addresses described in this Note or such other address that the parties may designate in writing from time to time. 13. APPLICABLE LAW: This Note shad be governed by the laws of the state indicated in I. antler's address. Unless applicable law provides otherwise. Borrower consents to the jurisdiction and venue of any court located in such state Selected by Lender, in its discretion, in the event of any legal proceeding under this Agreement. 14. COLLECTION COSTS: To the extent permitted by law. Borrower agrees to pay Lender's reasonable lees and costs, including, but nor limited to, fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Note, whether or not suit is brought, including, but not limited to, all lees and costs incurred on appeal, bankruptcy, and for pose-judgment collection actions. 15. MISCELLANEOUS: This Note is being executed lot personal, family or household purposes. Borrower will provide Lender with current financial statements and other financial information Upon request. Borrower and Lender agree that time is of the essence. Borrower agrees to make all payments to Lender at any address so designated by Lender and in lawful United Slates currency. Borrower wakes presentment, demand or payment, notice of dishonor and protest and further waives any right to require Lender to proceed against anyone else before proceeding against Borrower or said person. AN references to Borrower in this Note shall include all of the parties signing this Nola including, but not limited to, any cosigners, and INS Consumer Note, Disclosure and Security Agreement ('Note') shall be binding upon the heirs, successors and assigns of Borrower and Lender. It there is more than one Borrower, their obligations shag be joint and several. Information concerning this Note may be reported to credit reporting agencies and wig be made available when requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and Lender regarding the terms hereof. 16. JURY TRIAL WAIVER: LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY Civil. ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 17. ADDITIONAL TERMS: LPPACMBO M FormAhon Technoleafte. khe. 11121/98/ 18001937-3799 rz (1Q flul(j 16 Aft 11?? After Recordation Return to: Community Banks, N.A. P O Box R Halifax, Pa 17032 OPEN-CND CONSUMER MORTGAGE RobertR Wagner BORROWER MORTGAGOR RobertR'Wagner ADDRESS ADDRESS 211 Shughart Ave 211 Shughart Ave Boiling Springs, PA 17007 Boiling Springs, PA 17007 TELEPHONE N0. IDENTIFCATION NO- TELEPHONE NO. IDENTIFICATION NO. (717) 243-0229 (717) 243-0229 In consideration of the ban or other credit accommodalion hereinafter specilied and any future advances, as defined herein, which may hereinafter be advanced or incurred and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Mortgagor has, and by these presents does hereby grant, convey, bargain, sell and mortgage to ?oaa?uun xjn HaLZ> a N. A. , 27 9 6 Q1-d Post - Rd.-,-Harrisburg,- PA_17110.__ ("Lender"), its successors and assigns, with power of sale and right of entry and possession all of Mortgagor's present and future estate, right, title and interest In and to the real property described In Schedule A which is attached to this Mortgage and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, easements, and appurtenances, Including development rights associated with the Property, whether previously or subsequently transferred to the Properly from other real property or now or hereafter susceptible of transfer from the Property to other real property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); until payment in full of all Obligations secured hereby. Moreover, in further consideration, Mortgagor does, for Mortgagor and Mortgagor's heirs, representatives, successors and assigns, hereby expressly warrant, covenant, and agree with Lender its successors and assigns as follows: 1. OBLIGATIONS. This Mortgage shall secure the payment and performance of all Indebtedness, liabilities obligations and covenants of Borrower or Mortgagor to Lender up to a maximum amount outstanding at any one time of $ 2904.4? plus accrued and unpaid interest (cumulatively "Obligations") pursuant to: (a) this MortDaDe and the fWIC'ioin0 GTOmi6dC^: ?^_l9 and ntfmP{ BnreamP.f11C' -TWr:RE9 PMRLgFFAC-AMOUNT?--- _ ___ RATE_ CREDIT LIMIT ---FUNDIFM -M TUM" AGREEMENT DATE DATE --M9T6MER--- NUMBER -LaAR-'-'- NUMBER - _ FIXED $26,804.46 08/08/00 08/08/10 ___ 45019300 w, v.,.,y...v.y . ?. - -, Io n e same exlemn as Ir mage contemporaneously wnn tna executm or rots Mortgage, made or extended on behalf of Mortgagor or Borrower. Mortgagor agrees that it the Obligation Is a line of credit, the lien created by this Mortgage shall continue until payment in full of all debt due under the fine notwithstanding the fact that from time to time (but before termination of the line) no balance may be outstanding; (c) unpaid balances of advances made, with respect to the Property, for the payment of taxes, assessments, maintenance charges, insurance premiums or frosts incurred for the protection of the Property or the lien of this Mortgage, expenses incurred by the Lender by reason of default by the Mortgagor under this Mortgage; and , (d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used in this Paragraph 1, the terms Mortgagor and Borrower shall include and also mean any Mortgagor or Borrower N more then one. 2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Mortgagor represents, warrants and covenants to Larder that: (a) Mortgagor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security Interests, encumbrances and claims except for this Mortgage and those described in Schedule B which Is attached to this Mortgage and Incorporated herein by reference, which Mortgagor agrees to pay and perform in a timely manner; (b) Mortgagor Is In compliance In all respects with all applicable federal, state and local laws and regulations, Including, without limitation, those relating to 'Hazardous Materials", as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal government or any other governmental or quasi governmental entity has filed a lien on the Properly, nor are there any governmental, judicial Or administrative actions with respect to environmental matters pending, or to the best of the Mortgagor's knowledge, threatened, which Involve Mortgagor or the Properly. Neither Mortgagor nor, to the best of Mortgagor's knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials, In connection with the Properly or transported any Hazardous Materials to or from the Property. Mortgagor shat) Trot commit or permit such actions to be taken In the future. The term "Hazardous Materials" shag mean any substance, material, or waste which Is or becomes regulated by any govemmental authority inducting, but not limited to, (1) petroleum; (l) friable or nonfriable asbestos; (il) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (A) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter in effect. Mortgagor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result In contamination of the Property with Hazardous Materials or toxic substances; IM+ (c) All applicablb- laws and regulations Including, without 1anitationN the A rnericans wift-4habUkies Act; •42 U.S.C. 12164 at s «'xR , eq. (end all regulations promulgatep thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, stale or municipal authority with jgrisdiction,,over the Property, presently are and shall be observed and complied with in all material respects, and all rights, licenses, pe") anti oertitlcatas of occupancy (including but not limited to zoning variances, special exceptions for nonco lro ming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained, preserved and, where necessary, renewed; , (d) Mortgagor has the right and is duly authorized to execute and perform its Obligations under this Mortgage and these actions do not and shall not conflict with the provisions of any statute, regulation, ordinance, rule of law, contract or other agreement which may be binding on Mortgagor at any time; r, 32 racE f]/ LPPASIB 'r, F.-Al- T-hnelnpi- Inc' (5/398) (800) 99 7 3799 QOUN ?s i l _ ( j Y ! T`BOe 1 nI S '• \ 1 "- -' (e) No action or proceeding is or shall be pet;.:mg or threatened which might materially affect Mor gag, , it the Property; and (1) Mortgagor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract or other aglge(nepp(. (including, but not limited to, those governing' Hazardous Materials) yJhicf! to this Mortgage. might materially affect the Property or Lender's rights or interest in the Property pursuant ?. PRIOR MORTGAGES. Mortgagor represents and warrants that there are ro prior mortgages or deeds of trust affecting any pert 0 the Property except as set forth on Schedule B attached tq this Mortgage which Mongegor agrees ip ppy and perform in a timely mannar.?? f thefe are ariy riot 1jlibfl?dges'w tleeda of ups) therl'matgegbr grew to pay au amotqus owed",arc) p9mtorm all ad tans requited, under e'1kH a qs3 min dt eda el Vust and the indelrednesa aectlred thereby erxf Mier agrees that a def?/f`'urider any prior nor a or deed of trust shall be alkaull under this Mortgage end shall entitle Leander to all rights and remedies contained herein or In the Obligations to which Lender would be entitled in the event of any other default. 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN MORTGAGORS OR BORROWERS. In the event of a sale, conveyance, lease, contract for deed or transfer to any person of all or any part of the real property described in Schedule A, or any interest therein, or of all or any beneficial interest in Borrower or Mortgagor (it Borrower or Mortgagor is not a natural person or persons but is a corporation, limited liability company, partnership, trust, or other legal entity), Lender may, at its option declare the outstanding principal balance of the Obligations plus accrued interest thereon immediately due and payable. At Lender's request, Mortgagor or Borrower, as the case may be, shall furnish a complete statement setting forth all of its stockholders, members or partners, as appropriate, and the extent of their respective ownership interests. S. ASSIGNMENT OF RENTS. Mortgagor absolutely assigns to Lender all present and future rents, royalties, income and profits which arise from the use or occupancy of all or any portion of the Property. Unlit Mortgagor is in default under this Mortgage or any of the Obligations, Mortgagor shall have a license to collect and receive rents, royalties, income and profits. Upon any default under this mortgage or any of the Obligations, Lender may terminate Mortgagor's license without notice and may thereafter proceed to collect the rents, royalties, income, and profits with or without the appointment of a receiver. All rents, royalties, Income and profits collected by Lender or a receiver will be applied first to pay all expenses of collection, then to the payment of all costs of operation and maintenance of the Property, and then to the payment of the Obligations secured by this Mortgage in the order determined by Lender in its sole discretion. 6. LEASES AND OTHER AGREEMENTS. Mortgagor shall not take or fail to take any action which may cause or permit the termination or the withholding of any payment In connection with any Lease or other agreement ("Agreement") pertaining to the Property. In addition, Mortgagor, without Lender's prior written consent, shall not: (a) collect any monies payable under any Agreement more than one month in advance; (b) modify any Agreement; (c) assign or allow a lion, security interest or other encumbrance to be placed upon Mortgagor's rights, title and interest in and to any Agreement or the amounts payable thereunder; or (d) terminate or cancel any Agreement except for the nonpayment of any sum or other material breach by the other party thereto. If Mortgagor receives at any time any written communication asserting a default by Mortgagor under an Agreement or purporting to terminate or cancel any Agreement, Mortgagor shall promptly forward a copy of such communication (and any subsequent communications relating thereto) to Lender. All such Agreements and the amounts due to Mortgagor thereunder are hereby assigned to Lender as additional security for the Obligations. 7. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mortgagor to notify any third party (including, but not limited to, lessees, licensees, governmental authorities and insurance companies) to pay Lender any indebtedness or obligation owing to Mortgagor with respect to the Property (cumulatively "Indebtedness") whether or not a default exists under this Mortgage. Mortgagor shall diligently collect the Indebtedness owing to Mortgagor from these third parties until the giving of such notification. In the event that Mortgagor possesses or receives possession of any Instruments or other remittances with respect to the Indebtedness following the giving of such notification or if the instruments or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation proceeds, Mortgagor shall hold such Instruments and other remittances In trust for Lender span from its other property, endorse the instruments and other remittances to Lender, and Immediately provide Lender with possession of the Instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend the tlme for payment, compromise, exchange or release any obligor or collateral, or otherwise settle any of the Indebtedness whether or not an event of default exists under this Agreement. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing, nothing herein shall cause Lander to be deemed a mortgagee-in-possession. 6. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs needed to maintain the Property in good condition. Mortgagor shall not commit or permit any waste to be committed with respect to the Property. Mortgagor shall use the Property solely in compliance with applicable law and insurance Policies. Mortgagor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent. Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be subject to the beneficial interest belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at Mortgagor's sole expense. 8. LOSS OR DAMAGE. Mortgagor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively "Loss or Damage") to the Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage. Mortgagor shall, at the option of Lender, repair the affected Property to its previous condition or pay or cause to be pail to Lender the decrease in the fair market value of the affected Property. 16. INSURANCE. The Property will be kept Insured for its full insurable value (replacement cost) against all hazards including loss or damage caused by flood, earthquake, tornado and fire, theft or other casualty to the extent required by Lander. Mortgagor may obtain insurance on the Property from such companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lander with at least 30 days' written notice before such policies are altered or cancelled in any manner. The Insurance policies shall be endorsed with a standard mortgage clause In favor of Lender and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Mortgagor fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as described in Paragraph 21 and secured hereby. Mortgagor shall furnish Lender with evidence of Insurance indicating the required coverage. Lender may act as attorney-in-fact for Mortgagor in making and settling claims under Insurance policies, cancelling any policy or endorsing Mortgagor's name on any draft or negotiable instrument drawn by any insurer. All such insurance policies shall be immediately assigned, pledged and delivered to Lender as further security for the Obligations. In the event of loss, Mortgagor shall immediately give Lander written notice and Lender is authorized to make proof of loss. Each insurance company is directed to make payments directly to Lender instead of to Lender and Mortgagor. Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof. 11. ZONING AND PRIVATE COVENANTS. Mortgagor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's prior written consent. If Mortgagor's use of the Property becomes a nonconforming use under any zoning provision, Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 12. CONDEMNATION. Mortgagor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding pertaining to the Property. All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender and shall be applied first to the payment of Landers attorneys' fees, legal expenses and other costs (including appraisal fees) in connection with the condemnation or eminent domain proceedings and then, at the option of Lender, to the payment of the Obligations or the restoration or repair of the Property. 13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately provide Lender with written notice of any actual or threatened action, suit, or other proceeding affecting the Property. Mortgagor hereby appoints Lender as its attorney-in-fact to commence, intervene in, and defend such actions, suits, or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the action described in this paragraph or any damages resulting therefrom. Nothing contained herein will prevent Lender from taking the actions described in this paragraph in its own name. 14. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Mortgagor's obligations with respect to the Property under any circumstances. Mortgagor shall immediately provide Lender with written notice of and indemnity and hold Lander and its shareholders, directors, officers, employees and agents harmless from all claims, damages, liabilities (including attorneys' fees and legal expenses), causes of action, actions, suits and other legal proceedings (cumulatively "Claims") pertaining to the Property (including, but not limited to, those involving Hazardous Materials). Mortgagor, upon the request of Lender, shall hire legal counsel to defend Lender from such Claims, and pay the attorneys' fees, legal expenses and other costs Incurred in connection therewith. In the alternative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Mortgagor's cost. Mortgagor's obligation to indemnify Lander under this paragraph shall survive the termination, release or foreclosure of this Mortgage. 1S. TAXES AND ASSESSMENTS. Mortgagor shall pay all taxes and assessments relating to Property when due and immediately provide Lender evidence of payment of same. Upon request of Lender, Mortgagor shall procure for Lender, at Mortgagor's expense, a real estate lax reporting service throughout the term of this Mortgage. Upon the request of Lender, Mortgagor shall deposit with Lender each month one-twelfth (1/12) of the estimated annual insurance premium, taxes and assessments pertaining to the Property. So long as there is no default, these amounts shall be applied to the payment of taxes, assessments and Insurance as required on the Property. In the event of default, Lander shall have the right, at its sole option, to apply the funds so held to pay any taxes or against the Obligation. Any funds applied may, at Lender's option, be applied in reverse order of the due date thereof. 16. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Mortgagor shall allow Lender or its agents to examine and inspect the Property and examine, aspect and make copies of Mortgagor's books and records pertaining to the Property from time to time. Mortgagor shall provide any assistance required by Lander for these purposes. All of the signatures and information contained in Mortgagor's books and records shall be genuine, true, accurate and complete in all respects. Mortgagor shall note the existence of Lander's beneficial interest in Its looks and records pertaining to the Property. Additionally, Mortgagor shall report, In a form satisfactory to Lender, such information as Lander may request regarding Mortgagor's financial condition or the Property. The information shall be for such periods, shall reflect Mortgagor's records at such time, and shall be rendered with such frequency as Lander may designate. All information furnished by Mortgagor to Lender shall be true, accurate and complete in all respects, and signed by Mortgagor if Lander requests. LPPA510B 0 FOrmAtlon TecMaoges, Inc. (5/9/88) (600) 077-3799 I]OU? •? ? tv SAGE 979 Page 2 or 5 17. ESTOPPEL CERTIFICATES. Within ten t . >j days after any request by Lender, Mortgagor shall -O''ver to Lender, or any Intended transferee of Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying: (a) the outstanding balance on the Obligations; and (b) whether Mortgagor possesses any claims, defenses, set-offs or counterclaims with respect to the Obligations and, If so, the nature of such claims, defenses, set-offs or counterclaims. Mortgagor will be conclusively bound by any representation that Lender may make to the intended transferee with respect to these matters in the event that Mortgagor falls to provide the requested statement In a timely manner. 18. DEFAULT. Mortgagor shall be in default under this Mortgage In the event that Mortgagor, Borrower or any guarantor of the Obligation: (a) fails to pay any Obligation to Lender when due; (b) falls to perform any Obligation or breaches any warranty or covenant to Lender contained in this Mortgage or any other present or future agreement; (c) destroys, loses or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation; (d) seeks to revoke, terminate or otherwise limit its liability under any guaranty to Lender or any Individual guarantor dies; (e) dies, becomes legally incompetent, is dissolved or terminated, becomes Insolvent, makes an assignment for the benefit of creditors, tails to pay debts as they become due, files a petition under the federal bankruptcy laws, has an involuntary petition in bankruptcy filed In which Mortgagor, Borrower or any guarantor is named, or has property taken under any writ or process of court; (f) allows goods to be used, transported or stored on the Properly, the possession, transportation, or use of which, is illegal; (g) allows any party other than Mortgagor, Borrower, or Guarantor to assume or undertake any Obligation without the written consent of Lender; or (h) causes Lender to deem itself Insecure due to a significant decline in the value of the Property; or N Lender, in good faith, believes for any reason that the prospect of payment or performance is impaired. 19. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Mortgage, Lender shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the Obligations immediately due and payable in full; (b) to collect the outstanding Obligations with or without resorting to judicial process; (c) to require Mortgagor to deliver and make a+•ailable to Lender any personal property or Chattels constituting the Property at a place reasonably convenient to Mortgagor and Lender; (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding receivers, it being Intended that Lender shall have this contractual right to appoint a receiver; (e) to employ a managing agent of the Property and let the same, in the name of Lender or in the name of Mortgagor, and receive the rents, incomes, issues and profits of the Property and apply the same, after payment of all necessary charges and expenses, on account of the Obligations; (f) to pay any sums In any form or manner deemed expedient by Lender to protect the security of this Mortgage or to cure any default other than payment of Interest or principal on the Obligations; (g) to foreclose this Mortgage; (h) bid for and acquire the Properly or any part thereof and, in lieu of a cash purchase, credit upon the amounts owed Mortgagor the net sales price after deducting therefrom the expenses of the sale and the costs of the action and any other sumps which Lender Is authorized to deduct under this Mortgage; (f) to foreclose this Mortgage, at its option, subject to the rights of any tenants of the Property, and the failure to make any tenants defendants to such proceedings and to foreclose their rights will not be asserted by Mortgagor as a defense to any proceedings Instituted by Lender to collect the amounts secured hereby or any deficiency remaining unpaid after the sale of the Property. Further, it Is expressly understood and agreed by Mortgagor that nothing herein contained shall prevent Lender from asserting In any proceeding disputing the amount of the deficiency or the sufficiency of any bid at such sale that any tenancies adversely affect the value of the Property; Q) to set-off Mortgagor's Obligations against any amounts owed Mortgagor by Lender including, but not limited to, monies, instruments. and deposit accounts maintained with Lender or any currently existing or future affiliate of Lender; and (k) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may he exercised together, separately, and In any order. In the event that Lender institutes an action seeking the recovery of any of the Property by way of a prejudgment remedy in an action against Mortgagor, Mortgagor waives the posting of any bond which might otherwise be required. Lender or Lender's designee may purchase the Property at any sale. The Property or any part thereof may be sold In one parcel, or In such parcels, manner or order as Lender In Its sole discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the power unless the entire Property is sold or the Obligations are paid In full. 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Mortgage shall be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted by the state where the real property is located) covering fixtures, chattels, and articles of personal property now owned or hereafter attached to or to be used In connection with the Property together with any and all replacements thereof and additions thereto (the "Chattels"), and Mortgagor hereby grants Lender a security interest In such Chattels. The debtor is the Mortgagor described above. 1 he secured party is the Lender described above. Upon demand, Mortgagor shalt make, execute and deliver such security agreements (as such term is defined in said Uniform Commercial Code) as Lender at any time may deem necessary or proper or require to grant to Lender a perfected security Interest in the Chattels, and upon Mortgagor's failure to do so, Lender is authorized to sign any such agreement as the agent of Mortgagor. Mortgagor hereby authorizes Lender to file financing statements (as such term is defined in said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of Mortgagor. Mortgagor will, however, at any time upon request of Lender, sign such financing statements. Mortgagor will pay all filing lees for the filing of such financing statements and for the netting thereof at the times required, in the opinion of Lender, by said Uniform Commercial Code. If the lien of this Mortgage be subject to any security agreement covering the Chattels, then in the event of any default under this Mortgage, all the right, title and Interest of Mortgagor in and to any and all of the Chattels Is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Mortgagor or the predecessors or successors in title of Mortgagor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds to perform any act required to be taken by Mortgagor or to exercise any right to remedy of Lender under this mortgage (including but not limited to attorney's fees, legal expenses, payment of taxes, assessments, Insurance premiums, funds for protection, preservation and maintenance of the Property or of the lien Of this Mortgage or otherwise, expenses Incurred by Lender by reason of default by Mortgagor or advances made under a construction loan to enable completion of the Improvements for which the construction loan was originally made). Upon demand, Mortgagor shall Immediately reimburse Lender for all such amounts expended by Lender together with Interest thereon at the lower of the highest rate described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shat be included In the definition of Obligations herein and shall be secured by the beneficial Interest granted herein. If the Obligations are paid after the beginning of publication of notice of sale, as herein provided, or In the event Lender shall, at its sole option, permit Mortgagor to pay any Part of the Obligations after the beginning of publication of notice of sale, as herein provided, then, Mortgagor shall pay on demand all expenses Incurred by the Lender in connection with said publication, including reasonable attorneys' fees to the attorneys for the Lender, and this Mortgage shall be security for all such expenses and fees. 22. APPLICATION OF PAYMENTS. All payments made by or on behalf of Mortgagor may be applied against the amounts paid by Lender (including attorneys' fees and legal expenses) in connection with the exercise of Its rights or remedies described In this Mortgage and then to the payment of the remaining Obligations in whatever order Lender chooses. 23. POWER OF ATTORNEY. Mortgagor hereby appoints Lender as its atomey-in-fact to endorse Mortgagor's name on all instruments and other documents pertaining to the Obligations or the Mortgage. In addition, Lender shall be entitled, but not required, to perform any action or execute any document required to be taken or executed by Mortgagor under this Mortgage. Lender's performance of such action or execution of such documents shall not relieve Mortgagor from any Obligation or cure any default under this Mortgage. All powers of attorney described in this Mortgage are coupled with an interest and are irrevocable. 24. SUBROGATION OF LENDER. Lender shall be subregs!ed to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have been released of record. 25. COLLECTION COSTS. To the extent permitted by law, Mortgagor agrees to pay Lenders reasonable fees and costs, including, but not limited to, attorney's commission for collection, fees and costs of attorneys and other agents (Including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Mortgage, whether or not suit is brought, including, but not limited to, all fees and costs Incurred on appeal, In bankruptcy, and for post-judgment collection actions. 26. PARTIAL RELEASE. Lender may release its interest In a portion of the Property by executing and fecurding onG or more partial releesns without effecting the lien or priority of this Mortgage or Lenders interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its Interest in the Property(except as required under Paragraph 34), nor shall Lender be obligated to release any part of the Property if Mortgagor Is in default under this Mortgage. 27. MODIFICATION AND WAIVER. The modification or waiver of any of Mortgagors Obligations or Lender's rights under this Mortgage must be contained in a writing signed by Lender. Lender may perform any of Borrower's or Mortgagor's obligations, delay or fail to exercise any of its rights or accept payments from Mortgagor or anyone other than Mortgagor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Mortgagor's Obligations under this Mortgage shall not be affected If Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Mortgagor, Borrower or third party or any of ?.n its rights against?Cy Mgrlgggoh;?., f3Q,?.rye?r,.9r t? party or any of the roperty. Lender's fat?Ca to Insist upon slrkN pedor nce of any of the _t (- Obligations shall n?o be deemed a waiver,Anr7Leii9lsr"sFiaitha4e the illIN a ny1iinB thereafter to ki8181 u'p'oh-?trPctpefOrmance• 26. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of Mortgagor and Lender and their respective I tattves Is teas and devisees sen g fec hvsrs ?If I trators, persona repre?l?g?;, Q? S??L..hs• ryy h? ?r d min r, 1d '+ fq - shaRlde'1 101 Ad Iii, Q061 Yd? s'?cfh'bt4a a Cff?h y" (li VJliltt¢ from YiMlrl o him "Any lpe pq[?¢$ $ rears da ciibed inn tliFs' Into 11 h notice so giv? 9nd sent IIrv tilyss Ejiall post:Ygg pre, ld,'$Fhb11 d Vert "Ina earl r bf.11rA9•'(9) Agys after such h6tloe 14 sent or W en )egeivgd by it ; peKS4n t• such riohce uS a ,rla q11 rl(11 nchhses ' dihr 3arIC 142 pity. Stet! A'rRh 8143(d) most be addresSred (b pngpr i1t Ihd addreii de?critla ifh tj,ls (Slort{ege 1 t t ?004163 00( h J I-PPASIBC+h Fv-Alion Techgdep?ssanc..(5I3M6)(600) 931.3;iII „ • h ?f+? _ h r? Pepe305 30. SEVERABILITY. Whenever possible, asprovision of this Mortgage shall be interpreted so a- . be effective and valid under appicable state law. If any provision of this Mortgage violates the law or is unenforceable, the rest of the Mortgage shall continue to be valid and enforceable. i. 31. APPLICABLE LAW. This Mortgage shall be governed by the laws of the state where the real property is located. Unless applicable law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lander, in its sole discretion, located in that state. 32. NO THIRD PARTY RIGHTS. No person is or shall be a third parry beneficiary of any provision of the Mortgage. All provisions of the Mortgage in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume of expect that Lender will not waive or consent to the modification of any provision of the Mortgage, in Lender's sole discretion. t*'. i I. .33. PRESERVAV**OF.LIABILITY ANDPRIORIWWilhrwt-aNscdit--Ny+akOeaoM?sryM /sgeFraranygaeranlor olYrMaWigalions, or-any, ErrIS0 other ppeernson, (except a person expressly released In writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with: respect to any Property not expressly released in writing, and without impairing In any way the priority of this Mortgage over the interest of any.pei'in acquit??It or first evidenced by recording stbsequent to the recording of Mis Mortgage, Lender trey, either before or after the maturity of IhB,OM?a ns, ehd'withaa rotioe or consent: release any person liable for payment or peAormence of all or any pert of the Obligations; make any igfeeAhenht aterithlj;'the terms ol payment or pedonrance of ell or any part of the Obligations; exercise or refrain from exercising or waive any right or remedy that Lender obey have order the Mortgage; accept addiionel security of any kind for any ol the Obligations; or release or otherwise deal with any real or personq{ properly securing the Obligations. Any person acquiring or recording evidence of any interest of any nature In the Property shall be deemed, i3y rtc>atiir ng ahx h interest or recording any evkfence thereof, to have consented to all or any such actions by Larder. 34. DEFEASANCE?'ThIs Instrument. Is given on the express condition that if Mortgagor pays to Lender all sums secured by this Mortgage as provided In the Nole,,Mortgsga and other ban documents and Mortgagor performs and complies with all agreements and conditions contained in said documpoN,, then this Mortgage and the estate hereby granted shall cease and become void. Lender will execute and deliver to Mortgagor those documents that may be required to release this Mortgage of record. Mortgagor shelf be responsible to pay any costs of recordation. 36. CONSTRUCTION LOAN. ? This Mortgage is a construction mortgage under the Uniform Commercial Code to secure an obligation incurred for the construction of an Improvement on (and, Including the acquisition costs of land. This Mortgage secures a construction ben including unpaid balances of present and future advances made for the erection, construction, alteration, repair or completion of the Improvements for which the construction loan was originally made and it will be subject to the terms of a construction ban agreement between Mortgagor and Lender, which is incorporated by reference and made a pert hereof as if [Lilly set forth herein. Any materials, equipment or supplies used or Intended for use in the construction, development, or operation of the Properly, whether stored on or off the Property, shall also be subject to the lien of this Mortgage. 36. OPEN-END MORTGAGE. This is an Open-End Mortgage and shall be entitled to all benefits as such under 42 Pa.C.S.A. Section 8143 (the "Open-End Mortgage Statute"). (a) If this Mortgage secures a line of credit, construction loan, or other credit transaction ppursuant to which advances are made from time to time by Lender to Mortgagor, and Lender receives written notice pursuant to Section 8143(b) from the holder of (f) a lien or encumbrance on the Property subordinate to the lien of this Mortgage, or (if) a mechanics lien for labor performed or to be performed or materials furnished or to be furnished for the erection, construction, alteration or repair of any part of the Property, then, notwithstanding any provisions to the contrary contained in any rote, agreement or other loan document, Mortgagor agrees and acknowledges that Lender shall not be required to make an further advances (Lender hereby being released from all liability, for failure to make such advances) if Lender determines in is sole discretion that any such advance could be construed (f) as an unobiigated advance under Section 8143(b); or (ii) as being other than for the sole purpose of Pa ing toward elf w pert of the cost of completing any erection, construction, alteration or repair of any part of the Property, the financing of which, In wthole or pert, this Mortgage was gNen to secure. (b) If Mortgagor should et any tlme elect fo IImiI ire indebtedness secured by this Mortgage pursuant to Section 8143(c), Mortgagor agrees that notice of such election shah ( not be enectthre unW It is served upon Lender in accordance with the requirements of Section 8143 and all requirements for ire gNing o? notice under the loan documents; (e) automatically release Lender from all obligation to make any further advances under the loan doccurhents notwithsterdkhg anything to the contrary contained lo such notice or the loan documents; (III) constitute, at Larder's elector, a default under this Mortgaggee and the other ban documents; and (iv) not be effective to limit Mortgagor's liability for payment and ppeeAri..e of the Obligations for wfnioh Mortgagor is responsible under this Mortgage and the loan documents (including, without tlmialbn, .0 irhdemniffcation agreements) whetter arising prior or subsequent o the date of such notice. 37. WAIVER OF HOMESTEAD. Mortgagor hereby waives all homestead exemptions in the Property to which Mortgagor would otherwise be entitled under any applicable law. 38. MISCELLANEOUS. Mortgagor and Lender agree that time Is of the essence. Mortgagor waives presentment, demand for payment, notice of dishonor and protest, all procedural errors, defects and imperfections in any proceeding olituted by Lender under any Note, this Mortgage or other loan documents and any rights to send a written notice pursuant to 42 Pa. Cons. Stat. Ann. 8143(c). All references to Mortgagor in this Mortgage shall include all persons signing below. If there is more than one Mortgagor, their Obligations shall be joint and several. This Mortgage represents the complete Integrated understanding between Mortgagor and Lender pertaining to the terms and conditions hereof. 39. JURY TRIAL WAIVER. MORTGAGOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS MORTGAGE. 40. ADDITIONAL TERMS: Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and acknowledges receipt of an exact copy of same. IN WITNESS WHEREOF, Mortgagor has caused this instrument to be executed as a sealed instrument this 3rd day of . Augue t,__2000___ MORTGAGOR: ROber R Wagner ---r?? _(seal) Robert R Wagner rJ MORTGAGuil ---- - _-Leal) MORTGAGOR: MORTGAGOR: (seal) MORTGAGOR: r' LPPA51 BD 0 FonnAnon Technologies, kw. (5/396) (a0o) 937.3799 MORTGAGOR (seal) MORTGAGOR. (seal) MORTGAGOR. gooll 1 632 face 981 Pape 4 015 COMMONWEAL TFI OF PENNSYLVANIA COUNT: OF_._____ u?110 . SS Oil this, the clay of ' 1 ?ll_?cEv\.._ ( before me, the undersigned officer, personally appeared a?kLkR«tIU ` \> yi ,411111111f}Cl. -__ _-__. known to me (or salistaclor person whose name is subscribed to the _?Y h i instnlntent and acknowledged that he/she executed the same for the purposes herein cont.l),O?tl@'?_ pp??i+?11???' IN WITNESS WH REOF, I hereunto set n/yhand and official seal. My Commission Expires: -? U{ I .?.Nh?-1 COMMONWEALTH OF PENNSYLVANIA I del Seal c. •?? WOO, SS Ch ristine J. S nehert, Notary Public COUNTY OF._Susqueherme T?Irp., Dauphin County MaMmyl?Crommleskm Expires Oct 22.200000s On the day of , before ind, I. scn A-r, a M17olary.2 9 is in and for the Commonwealth and Courty aforesaid, personally appeared _ who acknowledged himsetberself to be a/the of -. .. , a .. ..._ ._. _, and that helsh,?, as such officer, being authorized to du so, executed the foregoing instrument for the purposed therein contained by signing the name of the by himself/herself as such officer and desired that the same might be recorded as such. WITNESS my hand and seal the day and year aforesaid. Notary Public My commission expires: CERTIFICATE OF RESIDENCE l do hereby certify that the correct address of the wilhin-named Lender is 2-796.O1d Poet Rd., Harrisburg, Pennsylvania 17110 Witness my hand this clay of L Agent of Lender t SCHEDULE A Real property more fully described in deed book G29 page 934 also known ae 211 Shughart Ave., Lot #3 Shughart Acres, South Middleton Township, Boiling Springs,Pa Cumberland County 17007. parcel #40-29-2100-071 SCHEDULE B tbp r( t lkr.,.l?r,t1 (.pit of 00 LJLJ r (1I1Q1q,Y: Community Banks, N.A. q ? .qst :fit, t I.;o.t.l'.t t 141 a . k? 11 Nlr t. 11 , ` ' I,p649 'HI N, 11i., ( Iptlllq(,kJ l,,i ttiW .. 1 ti!It lPPn619E t• Pom,At Tech7olol>'As. 1- 16,364 (8 1a77.3rga r ? IftMh'. 4 I. y? 1tlhPau«s915 n M t,,t I(? Susquehanna Bank, PA Date: March 11, 2008 CERTIFIED MAIL 7007 3020 0000 6540 8978 Act 91 Notice TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE C' This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and telephone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PORQUE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO AL NUMBERO GRATIS MENCIONADO ARRIBA DE ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY). PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert Wagner aka Robert R. Wagner PROPERTY ADDRESS: 211 Shughart Avenue Boiling Springs, PA 17007 LOAN ACCT. NO.: 345019300 ORIGINAL LENDER: Community Banks CURRENT LENDER/SERVICER: Susquehanna Bank, PA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Rev. 5-21-2007 FYuIRIT rl Pennsylvania Act 91 Letter - Form LC19 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • 'IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC19 HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to datel NATURE OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: 211 Shughart Avenue Boiling Springs, PA 17007 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: January 8, 2008- March 8, 2008 Principal Amount Due: Interest Amount Due: Escrow Amount Due: Late Charges: $ 886.86 $ 161.37 $ 0.00 $ 34.94 TOTAL AMOUNT PAST DUE: $ 1,083.17 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,083.17, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Susquehanna Bank, PA C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaeed proverty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately four (4) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Susquehanna Bank, PA Address: C/o Susquehanna Loan Center, P.O. Box 639, Maugansville, MD 21767-0639 Telephone Number: 888-722-7270 Ext. 8122 Fax Number: 240-313-1563 -- ?_ ] / L6, ?- Contact Person: anc Hahn, L 1 Coordinator EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC19 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Telephone Number Mortgage Loan Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 33 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 VERIFICATION Nancy Hahn verifies that she is the Legal Coordinator for ()TTF.Ig NA BANK PA Plaintiff in the within matter, that she is authorized to execute this Verification on its behalf, and that the facts set forth in the within Complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 111,310 ?S Nancy 1767645-1 00 Up -?r rr? O D ?, i . am { > '? d ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-03097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK PA VS WAGNER ROBERT ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WAGNER ROBERT AKA ROBERT R WAGNER the DEFENDANT , at 1818:00 HOURS, on the 16th day of May 2008 at 211 SHUGHART AVENUE BOILING SPRINGS, PA 17007 by handing to ROBERT WAGNER 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 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 ,/a VO 0 0 734 00 So Answers: R. Thomas Kline 05/19/2008 BARLEY SNYDFR Sworn and Subscibed to By. before me this day of A.D. r BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against: Robert Wagner a/k/a Robert R. Wagner, 211 Shughart Avenue, Boiling Springs, PA 17007 for want of an answer. ( ?1) Assess Damages as Follows: Debt $6,965.56 Interest (through 05/05/08) 252.24 Late Fees (through 05/05/08) 69.88 Miscellaneous Fees (05/05/08) 40.00 Attorney's Fees 3,000.00 Total $10,327.68 Plus interest at the rate of $1.55 per day from 05/05/08 and monthly late fees of $17.47, from 05/05/08, together with costs, and all other amounts advanced pursuant to the Mortgage Documentation 2306281-1 F. Y I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P.237.1 el-Azo;4W Attorney for P ntiff Keith Mooney, Esquire/I.D. No. 74001 Print/Type Name and ID Number (610) 376-6651 Phone Number This ce day of \lutwe , 2008, judgment is entered in favor of Plaintiff and against Defendant, by default for want of an answer and damages assessed at the sum of $ lot 3a?. (n8 as per the above certification. County 2306281-1 P Y BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW MORTGAGE FORECLOSURE No. 08-3097 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT DATE OF NOTICE: June 6, 2008 .? Y TO: Robert Wagner 7160 3901 9845 3410 0930 a/k/a Robert R. Wagner 211 Shughart Avenue t Boiling Springs, PA 17007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. A 1. 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 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, BARLEY SNYDER LLC Date: 11-(p •0$ By: William F. Colby, Jr., Esqui Keith Mooney, Esquire Attorney for Plaintiff P.O. Box 942, 501 Washington Street Reading, PA 19603-0942 (610) 376-6651 I.D. No. 46880; 74001 2297646-1 w s 2. Article Number A Rwalrsd M (Plaaa Print tea AA C: Sip mu" 7160 3901 9645 3910 0930 X D. Is deliveryreM fn ff YES, enter deMery address 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) QYes 1. Article Addressed to: Robert Wagner e erence non a/k/a Robert R. Wagner 211 Shughart Avenue 190716-234 Boiling Springs, PA 17007 lad PS Form 3811, January 2005 Domestic Retum RecW 7160 3901 9645 3910 0930 TO: Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 SENDER: lad REFERENCE: 190716-234 RETURN Posmm9e RECEIPT CertHied Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Mail Do Not Use for international Mail K ? J?Q ? 2J ------------- ---------------- d Cl) ) £0961 uro? j pa ei W 8002/gp/90 D A o0L-L$ m ZtAZOSSCHLtO Yes No z STN STA 0 oo- a O o F ?il1 o a irw o ai Z . m Z ? Q is N h ~ n. o C .? W L DQ ril a o a o c 4 CO 3>Q" m r Q 0 ai + r + 'C7 . Q a, Q' vi m a z U, 5 , t 3 0 75 ? ?W ?3aa ?a :? ?xs ? M 4o r °a l NOG c° a cn 4. BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 CERTIFICATE OF SERVICE KEITH MOONEY, ESQUIRE, verifies that a true and correct copy of Notice of Praecipe to Enter Judgment by Default has been mailed to Defendant Robert Wagner a/k/a Robert R. Wagner, by first class mail, postage prepaid, on the 6th day of June, 2008, to 211 Shughart Avenue, Boiling Springs, PA 17007. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARLEY SNYDER LLC Date: June 2008 By: e::;; ? ff? ?' " I eith Mooney, Esquire Attorney for Plaintiff P.O. Box 942, 501 Washington Street Reading, PA 19603-0942 (610) 376-6651; I.D. No. 74001 2306281-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW MORTGAGE FORECLOSURE No. 08-3097 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT DATE OF NOTICE: June 6, 2008 • TO: Robert Wagner 7160 3901 9845 3910 09,30 a/k/a Robert R. Wagner 211 Shughart Avenue • Boiling Springs, PA 17007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUTHIRING 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 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, BARLEY SNYDER LLC Date: t j 4p - 0$ By: William F. Colby, Jr., Esqui Keith Mooney, Esquire Attorney for Plaintiff P.O. Box 942, 501 Washington Street Reading, PA 19603-0942 (610) 376-6651 I.D. No. 46880; 74001 2297646-1 2. Arwie NU MW C.- Signature 7160 3901 9645 3910 0930 X D. % d*mq add fn tf YES, enter dellhq address 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) Dyes 1. Article Addressed to: erence o Robert Wagner alkla Robert R. Wagner 211 Shughart Avenue 190716-234 Boiling Springs, PA 17007 lad PS Fam 3111, JmWrY 2M 7160 3901 984E 3910 0930 TO: Robert Wagner aWa Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 RIDER: lad W RENCE: 190716-234 RETURN MM9e RECEIPT Certified Fee SEMICE Retum Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service 4 Receipt for a Certified Mail No Insurance Coverage Provide d Do Not Use for Intemational Maii CC` Yes No CO E0961 wad paile/Y ? 0 9WZ/90190 ------ dot, t$ m m Z.LRZ.£SS?NLLO o *V, ( o ci z O s? mw iw o w -a Z?- a N 0p i o c o aii o a? LU 0z a? a a o ' aQ > a 0¢ Q 00 N 4 Z rn In O qq G S7 bA C/? h ° ' ?o a E mo > X00 L'C V1 f3 ? , ? _ . (x N 0 W BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, alkla ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF BERKS Before me, the undersigned authority, personally appeared KEITH MOONEY, ESQUIRE, who being duly sworn according to law, doth depose and say that Robert Wagner alkla Robert R. Wagner, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: Last known place of employment: Last known place of residence: 58 PPG Industries 211 Shughart Avenue Boiling Springs, PA 17007 as of the date of this Affidavit. SWORN TO and subscribed before me this /$A day of June, 2008. otary Public 2306281-1 COMMONWEALTH OF PENNSYLVANIA Notvia l Seat Margaret C. Edvmds, Notary Public City Of Ree*U Bents 0W My Commiae m EVW Msrdt 22, 2009 NAembe?, Pennsylvenie AssWed" of Notafts t.?. a ? -, i` ?S"1 ? '?" ? T. yJ i ?_ ? ? . $ _ L r" .O? ,? , ? fV~? ? ?,t,? •-'`-?. ..y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Carlisle, Pennsylvania Curt Long, Prothonotary TO: Robert Wagner Date: June &' , 2008 a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 Re: Susquehanna Bank PA, Successor by Merger to Community Banks, N.A., Plaintiff VS. Robert Wagner a/k/a Robert R. Wagner, Defendant No. 2008-3097 You are hereby notified in accordance with Pennsylvania Supreme Court Rule 4236 that Judgment has been entered on a () Decree Nisi () Verdict * () Viewers Report ( x) Default () Assessment of Damages () Arbitration Award () Order and entered to No. 2008-3097 against Robert Wagner a/k/a Robert R. Wagner, Defendant. * *And that a Certificate has been filed indicating that each of the parties have been notified of the intention to file said judgment by the Attorney forth Plaintiff. URT ro notary By: Deputy Prothonotary 2306281-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue writ of execution in the above matter: Amount Due Interest from 05/05/08 Coll Fee Dated: n e., 2008 10,327.68 BARLEY SNYDER LLC By: <Szvtgge2i-? ?-" William F. Colby, Jr., Esq Keith Mooney, Esquire Attorney for Plaintiff 501 Washington St., 5th Floor P. O. Box 942 Reading, PA 19603-0942 (610) 376-6651 I.D. No. 46880; 74001 2306302-1 9? ?4 a t ? a 0 ? -H- 00 lA oo O O p O O 0 0 0 r? -c N ? .J BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 AFFIDAVIT PURSUANT TO RULE 3129 SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located on 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania, identified as tax parcel number 40-28-2100-071, more fully described in "Exhibit A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 2. Name and address of defendant(s) in the judgment: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007, 2306302-1 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Susquehanna Bank PA P.O. Box 639 Maugansville, MD 21767-0639 4. Name and address of the last recorded holder of every mortgage or record: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Susquehanna Bank PA P.O. Box 639 Maugansville, MD 21767-0639 5. Name and address of every other person who has any record lien on the property: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 6. Name and address of every other person who has any record of interest in the property which may be affected by the sale: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Barry L. Clark 330 N. Baltimore Avenue Mt. Holly Springs, PA 17065 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Cairns P.O. Box 40 Tax Collector Boiling Springs, PA 17007 South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 2306302-1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Keith Mooney, Esquire Attorney for Plaintiff Sworn to and subscri ed before me this jtday of lU l , 2008 ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margaret C. Edwards, Notary Public Oily Of Rea ft, Berke Canty My Commission E)ires MwCh 22, 2009 Member, Psr+rrsyiwnie AssooisOm of NowMes 2306302-1 Q? ? -p ti? g' -? w EXHIBIT A ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Registered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 11 degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one story brick and aluminum dwelling house with attached carport. BEING Parcel Number 40-28-2100-071 SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 CERTIFICATION Keith Mooney, Esquire, hereby states that he is the attorney for the Plaintiff in the above- captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER LLC Date: tP // f 16f William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 501 Washington St., 5th Floor P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651; I.D. No. 46880; 74001 2306302-1 rn o 7bt ? o o ? ? P is SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Wagner a/k/a Robert R. Wagner The house (real estate) at 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 40-28-2100-071 is scheduled to be sold at Sheriffs Sale on December 10, 2008, at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court judgment of $10,327.68, obtained by Susquehanna Bank PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Susquehanna Bank PA (the amount of the judgment plus costs) (the bank payments, late charges, costs, and reasonable attorney's fees due). To find out how much you must pay, you may call: Nancy Hahn, Susquehanna Bank PA, (888) 722-7270, ext. 8122. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on Page Two to find out how to obtain an attorney). 2306302-1 T YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution has been filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2306302-I rf .. 3 SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NOTICE OF SHERIFF SALE PURSUANT TO R.C.P. 3129 OF THE SUPREME COURT OF PENNSYLVANIA TO ALL PARTIES IN INTEREST AND CLAIMANTS: OWNERS: ROBERT WAGNER a/k/a ROBERT R. WAGNER PROPERTY: 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania 17007 This Notice is given to you as owners and defendants in an execution proceeding brought before the Sheriff of Cumberland County, Pennsylvania, by SUSQUEHANNA BANK PA, Plaintiff, relative to the following judgment and execution: No. 2008-3097 The property, together with its location and improvements, is described on "Exhibit A" attached to this Notice; said premises will be offered by the Sheriff of Cumberland County for sale according to the information set forth in this notice. This sale will be held on December 10, 2008, at 10:00 A.M. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not more than thirty (30) days after the date of the Sheriff Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the hanging of the Schedule of Distribution in the Sheriff's Office. BARLEY SNYDER LLC By: / v Wil yam F. Colby, Jr., Esqui Keith Mooney, Esquire Attorney for Plaintiff 501 Washington St., 5th Floor P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651, I.D. No. 46880; 74001 2306302-1 EXHIBIT A ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Registered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 11 degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one story brick and aluminum dwelling house with attached carport. BEING Parcel Number 40-28-2100-071 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3097 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK PA, Successor by merger to COMMUNITY BANKS, N. A., Plaintiff (s) From ROBERT WAGNER a/k/a ROBERT R. WAGNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,327.68 L.L. $.50 Interest from 5/05/08 Atty's Comm % Due Prothy $2.00 Atty Paid $153.00 Other Costs Plaintiff Paid Date: 6/20/08 I rothono (Seal) By: REQUESTING PARTY: Name: KEITH MOONEY, ESQUIRE Address: BARLEY SNYDER, LLC 501 WASHINGTON STREET, 5TH FLOOR PO BOX 942 READING, PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 74001 Deputy SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared TERRI LYN SHOBER, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the Notice of Sheriff Sale of Real Property in the above captioned matter was sent to Defendant, Robert Wagner a/k/a Robert R. Wagner, 211 Shughart Avenue, Boiling Springs, PA 17007, by first class mail, certified, return receipt requested mail and by regular, first class mail on October 2, 2008. The original Receipts for Certified Mail and Certificates of Mailing are attached hereto. BARLEY SNYDER LLC Date: By: Terri Lyn ShobParalegal For Plaintiff P.O. Box 942, 501 Washington Street Reading, PA 19603-0942 (610) 376-6651 Sworn and subscribed to before me this 9 4t day of QG4JneX- , 2008. 0 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christine V Haslam, Notary Public City of qtr r,ding, Berks County My Commission Expires April 8, 2012 Member, Pennsvivania Association of Notaries 2306302-1 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 October 2, 2008 Terri Lyn Shober, Paralegal Direct Dial Number: 610.898.7167 E-mail: tshober@barley.com Certified Article Number SENDERS RECORD Re: Property Address: 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, Tax Map 40-28-2100, Parcel 071 Name of Owner or Reputed Owner: Robert Wagner alk/a Robert R. Wagner Susquehanna Bank PA, Successor by Merger to CommunityBanks, N.A. vs. Robert Wagner alkla Robert R. Wagner Cumberland County Court of Common Pleas No. 2008-3097 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Wagner a/k/a Robert R. Wagner The house (real estate) at 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 40-28-2100-071 is scheduled to be sold at Sheriff s Sale on December 10, 2008, at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court judgment of $10,327.68, obtained by Susquehanna Bank PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Susquehanna Bank PA (the amount of the judgment plus costs) (the bank payments, late charges, costs, and reasonable attorney's fees due). To find out how much you must pay, you may call: Nancy Hahn, Susquehanna Bank PA, (888) 722-7270, ext. 8122. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. Reading • York • Lancaster • Harrisburg - Berwyn • Hanover October 2, 2008 Page 2 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on Page Two to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution has been filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. October 2, 2008 Page 3 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Sincerely, Terri Lyn Shober Paralegal TLS/lad: 2416052.1 Enclosure ,. w C) C-- ;- ha cz- CZ) ..r7 51, SUSQUEHANNA BANK PA, Successor COURT OF COMMON PLEAS tbF C' 5 by Merger to Community Banks, N.A., CUMBERLAND COUNTY, -; ' ~; Plaintiff PENNSYLVANIA - -- '"' -': v. CIVIL ACTION - LAW c ROBERT WAGNER, a/k/a ROBERT R. MORTGAGE FORECLOSURE WAGNER, Defendant No. 2008-3097 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Wagner a/k/a Robert R. Wagner The house (real estate) at 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 40-28-2100-071 is scheduled to be sold at Sheriff s Sale on December 10, 2008, at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court judgment of $10,327.68, obtained by Susquehanna Bank PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Susquehanna Bank PA (the amount of the judgment plus costs) (the bank payments, late charges, costs, and reasonable attorney's fees due). To find out how much you must pay, you may call: Nancy Hahn, Susquehanna Bank PA, (888) 722-7270, ext. 8122. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on Page Two to find out how to obtain an attorney). 2306302-I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution has been filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2306302-1 7160 3401 4644 3909 7439 TO: Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 SENDER: Us REFERENCE: 190716/234 e RETURN I RECEIPT SERVICE ed Fee Receipt Fee ted Delivery stage & Fees US Prvice P( Recfor CertiMail No Insurance Provided Do Not Use tional Mail vi Tv -7.( ..? uy 2. Article Nufter IMF now 7160 3901 9645 3909 7919 4. n[l0.ae haaresseo m: Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 C E0966 kuaJ=l PalleW !!1 9002/Z0/06 = O r - M ---?-=- f a z Q W LL O W H Q V LL W l W V w U LU W Q 7 0 J J zZ O a z ww zQ ai tea. W Z O9 0 W_ o0) 2 z Ocr 10 2 wo mj >O ?a a 0 O w 'n N v O ,, o U o `O a .a c O O? s. ¢ vi N to t ?cotw 30? 2 r t: 04 coq o o L]?vlA.? ??NLYa If rtb, enter delMery address below: a r7J t' ? l SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF SALE ON LIENHOLDERS AND OTHER INTERESTED PARTIES BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared TERRI LYN SHOBER, PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the Notice of Sheriff Sale of Real Property in the above captioned matter was sent to the Lienholders and Other Interest Persons, by first class mail, certified, return receipt requested mail on October 2, 2008, as follows: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 Robert Cairns Tax Collector P.O. Box 40 Boiling Springs, PA 17007 Barry L. Clark 330 N. Baltimore Avenue Mt. Holly Springs, PA 17065 The original Receipt for Certified Mail are attached hereto. BARLEY SNYDER LLC Date: /GI / a1+ Q?CI By: ?YVit. Terri Lyn Shob r, Paralegal For Plaintiff P.O. Box 942, 501 Washington Street Reading, PA 19603-0942 (610) 376-6651 Sworn and subscribed to before me this age day of C--66x1( , 2008. COMMONWEALTH Ut- t LNNSYLVANir. e 1k4A.;L-"A1 '.? 014 /VVN Notarial Seal Notary Pubic 1c Christine M. Hasiam, Notary Public y Clq? of Reading, Beft County My Commission Expires April s, 2012 2306302-1 Member, Pennsylvania Assn . a',':» ^¢ Notaries 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 October 2, 2008 Terri Lyn Shober, Paralegal Direct Dial Number: 610.898.7167 E-mail: tshober@bariey.com Certified Article Number SENDERS RECORD Re: Property Address: 211 ShughartAvenue, South Middleton Township, Cumberland County, Pennsylvania; Tax Map 40-28-2100; Parcel 071 Name of Owner or Reputed Owner: Robert Wagner ava Robert R. Wagner Susquehanna Bank PA, Successor by Merger to CommunityBanks, N.A. vs. Robert Wagner a/k/a Robert R. Wagner Cumberland County Court of Common Pleas No. 2008-3097 Dear Sir/Madam: NOTICE OF SALE We represent Susquehanna Bank PA, which has executed on a judgment obtained against the above person. A Sheriffs Sale of the above-referenced real estate has been scheduled for December 10, 2008, at 10:00 a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are hereby notified of said sale because we have been informed that you may have a record interest which may affect said property. A copy of the property description is attached hereto which you should read carefully. Sincerely yours, TS/lad: 2416056.1 Enclosure Terri Lyn Shober Paralegal Reading - York - Lancaster - Harrisburg - Berwyn • Hanover 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com Terri Lyn Shober, Paralegal Direct Dial Number: 610.898.7167 E-mail: tshober@barley.com October 2, 2008 Barry L. Clark 330 N. Baltimore Avenue Mt. Holly Springs, PA 17065 Certified Article Number SENDERS RECORD Re: Property Address: 211 ShughartAvenue, South Middleton Township, Cumberland County, Pennsylvania; Tax Map 40-28-2100; Parcel 071 Name of Owner or Reputed Owner: Robert Wagner a/k/a Robert R. Wagner Susquehanna Bank PA, Successor by Merger to CommunityBanks, N.A. vs. Robert Wagner a/k/a Robert R. Wagner Cumberland County Court of Common Pleas No. 2008-3097 Dear Mr. Clark: NOTICE OF SALE We represent Susquehanna Bank PA, which has executed on a judgment obtained against the above person. A Sheriffs Sale of the above-referenced real estate has been scheduled for December 10, 2008, at 10:00 a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are hereby notified of said sale because we have been informed that you may have a record interest which may affect said property. A copy of the property description is attached hereto which you should read carefully. Sincerely yours, 4"4"A'4' Tern Lyn Shober Paralegal TS/lad: 2416058. I Enclosure Reading • York • Lancaster • Harrisburg • Berwyn • Hanover 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com Terri Lyn Shober, Paralegal Direct Dial Number: 610.898.7167 E-mail: tshober@barley.com October 2, 2008 Robert Cairns Tax Collector P.O. Box 40 Boiling Springs, PA 17007 Certified Article Number -? -?- - L SENDERS RECORD Re: Property Address: 211 ShughartAvenue, South Middleton Township, Cumberland County, Pennsylvania; Tax Map 40-28-2100, Parcel 071 Name of Owner or Reputed Owner: Robert Wagner a/k/a Robert R. Wagner Susquehanna Bank PA, Successor by Merger to CommunityBanks, N.A. vs. Robert Wagner a/k/a Robert R. Wagner Cumberland County Court of Common Pleas No. 2008-3097 Dear Mr. Cairns: NOTICE OF SALE We represent Susquehanna Bank PA, which has executed on a judgment obtained against the above person. A Sheriffs Sale of the above-referenced real estate has been scheduled for December 10, 2008, at 10:00 a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are hereby notified of said sale because we have been informed that you may have a record interest which may affect said property. A copy of the property description is attached hereto which you should read carefully. Sincerely yours, 4r-, Terri Lyn Shober Paralegal TS/lad: 2416061.1 Enclosure Reading - York • Lancaster • Harrisburg - Berwyn - Hanover 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com Terri Lyn Shober, Paralegal Direct Dial Number: 610.898.7167 E-mail: tshober@barley.com October 2, 2008 South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 Certified Article Number _i -1- SENDERS RECORD Re: Property Address: 211 ShughartAvenue, South Middleton Township, Cumberland County, Pennsylvania; Tax Map 40-28-2100, Parcel 071 Name of Owner or Reputed Owner: Robert Wagner a/k/a Robert R. Wagner Susquehanna Bank PA, Successor by Merger to CommunityBanks, N.A. vs. Robert Wagner a/k/a Robert R. Wagner Cumberland County Court of Common Pleas No. 2008-3097 Dear Sir/Madam: NOTICE OF SALE We represent Susquehanna Bank PA, which has executed on a judgment obtained against the above person. A Sheriffs Sale of the above-referenced real estate has been scheduled for December 10, 2008, at 10:00 a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are hereby notified of said sale because we have been informed that you may have a record interest which may affect said property. A copy of the property description is attached hereto which you should read carefully. Sincerely yours, Terri Lyn Shober Paralegal TS/lad: 241 6065.1 Enclosure Reading • York • Lancaster • Harrisburg • Berwyn • Hanover 5UNQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NOTICE OF SHERIFF SALE PURSUANT TO R.C.P. 3129 OF THE SUPREME COURT OF PENNSYLVANIA TO ALL PARTIES IN INTEREST AND CLAIMANTS: OWNERS: ROBERT WAGNER a/k/a ROBERT R. WAGNER PROPERTY: 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania 17007 This Notice is given to you as owners and defendants in an execution proceeding brought before the Sheriff of Cumberland County, Pennsylvania, by SUSQUEHANNA BANK PA, Plaintiff, relative to the following judgment and execution: No. 2008-3097 The property, together with its location and improvements, is described on "Exhibit A" attached to this Notice; said premises will be offered by the Sheriff of Cumberland County for sale according to the information set forth in this notice. This sale will be held on December 10, 2008, at 10:00 A.M. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not more than thirty (30) days after the date of the Sheriff Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the hanging of the Schedule of Distribution in the Sheriff's Office. BARLEY SNYDER LLC By: Wiliam F. Colby, Jr., Esquir Keith Mooney, Esquire Attorney for Plaintiff 501 Washington St., 5th Floor P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651, I.D. No. 46880; 74001 2306302-1 EXHIBIT A ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Registered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 1 I degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one story brick and aluminum dwelling house with attached carport. BEING Parcel Number 40-28-2100-071 7160 3401 9845 3909 7957 TO: South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 SENDER: tls REFERENCE: 190716/234 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International mail l '*P Zr E Ea c m >n a?s tit ?tri r; Q 1K YT \J 9 = i c5 K e M1 o Ln Ir M1 O 91- m Ln b No it o B m E m z C3 M1 N o O r t N \N O~ _S t' k4 ------------- 'IT M N iZ 0 I ? o` } Ll U 0 N o i-t W o r ? ~? m D CD t; a m ?rn o ac a c O 'o 6 4 r ?aaa I E a? N ti a 7160 3401 4645 3404 7440 TO: Robert Cairns Tax Collector P.O. Box 40 Boiling Springs, PA 17007 SENDER: tls REFERENCE: 190716/234 RETURN Postage RECEIPT Certified Fee 9 70 SERVICE , Return Receipt Fee Restricted Delivery N Total Postage & Fees J'Z US Postal Service POSY MA K OR D O Receipt for 7 Certified Mail ``,; _l S? No Insurance Coverage Provided Do Not Use for International Mail « ° } z a ? .0 z .0W `a o ? m ?} i V X d C3 S T M1 a- O tr' m Ln b [J' o 1117 E m Z O ??. A a>_? M1 N 'ct M N o J W O L U! z ? a 0 F? < U e rn 0 to U= •S cd v p. W L L It '301T1SOa? B(1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INS[ IRANCF_Pn.RTMACTFR N OI CO O ay 6) Barley Snyder LLC CC) CD ° E 501 Washington Street, 5th Floor l AC n o 'i P.O. Box 942 Reading, PA 19603-0942 Cumberland Coun ty Tax Claim Bureau Co / 1 Courthouse S i .?3?Sb`H quare Old Courthous e Carlisle, PA 17013 ` PS Form 3817, January cw , U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE_USED_ FO_R _OM_E_STIC AND INTERNATIONAL MAIL, DOES NOT I ^^-? Q 01 00 O Barley Snyder LLC M N E 501 Washington Street, 5th Floor P.O. Box 942 A r r d4 C) ° it a Reading, PA 19603-0942 /' O Robert Cairns Tax Collector P.O. Box 40 Boiling Springs, PA 17007 PS Form 3817, January 2001 30VISOd sn U.S. POSTAL SERVICE CERTIFICATE OF MAILING Cl) MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Q PROVIDE FOR INSURANCE-POSTMASTER N CI OD - Barley Snyder LLC w C) o 501 Washington Street, 5th Floor N [f c- N E N P.O. Box 942 ° Reading, PA 19603-0942 J Io South Middleton Township Municipal Autho 'ty P.O. Box 8 Boiling Springs, PA 17007 ,ps j 7160 3901 9845 3909 7926 • TO: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 SENDER: tls REFERENCE: 190716/234 RETURN Postage RECEIPT Certified Fee .42 SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees ;1 J G US Postal Service PO??I K OR DAT a0 Receipt for rr _ Certified Mail s o~ No Insurance Coverage Provided ?Ivi S Do Not Use for International Mail e 116 _ ???? 11 1 -t? 4 L L 3 y o Q8 m ti ? W v ? LP ?W < d p ..0 ti 0' N 0' O I' M Vt S b 0" ?.?. O Q. E m 2 O m A r 'R N M N 0 o, 7 J m as U ML ML Lu O C n• M O o m N U ova 5 n ¢ 0 °U .? O < '2 U 6 4 U 0 U 4 I 2-11 7 c M ri a. 7160 3901 9845 3909 7933 TO: Barry L. Clark 330 N. Baltimore Avenue Mt. Holly Springs, PA 17065 SENDER: tls REFERENCE: 190716/234 RETURN Postage RECEIPT Certified Fee 2 70 SERVICE Return Receipt Fee - 2.20 Restricted Delivery Total Postage & Fees , US Postal Service O PO TI01 RK OR DUDE 0 Receipt for Certified Mail 1 No Insurance Coverage Provided - Do Not Use for International Mail f CA O to c? M 800E/E0/0l .o = 5U L$ ZL8Z£491yL4?' :3 0 Q z LL O H Q _V wI W U W U W Q V) L ri i U) OD Q Z O a z ww z§ ai UO U) W W OZ ?1 cc ? , o? U. acr u)LL L Woo mj o X O O w c C" C > a c a o N bA N . a.. a=. r/aj RS O by a O 0 a? X ? ? 0 M a M •0. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BayHarbor Loan Servicing LLC is the grantee the same having been sold to said grantee on the 10th day of December A.D., 2008, under and by virtue of a writ Execution issued on the 20th day of June, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 3097, at the suit of Susquehanna bank against Robert Wagner aka Robert R Wagner is duly recorded as Instrument Number 200902165. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Lu-?- -, A.D. 024 ,PA 2010 Susquehanna Bank PA, successor by merger In the Court of Common Pleas of To Community Bank, N.A. Cumberland County, Pennsylvania VS Writ No. 2008-3097 Civil Term Robert Wagner a/k/a Robert R. Wagner Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2008 at 1840 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert Wagner a/k/a Robert R. Wagner by making known unto Robert Wagner personally, at 211 Shughart Ave., Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2008 at 1940 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 Robert Wagner, a/k/a Robert R. Wagner, located at 211 Shughart Ave, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Robert Wagner, a/k/a Robert R. Wagner, by regular mail to his last known address of 211 Shughart Ave, Boiling Springs, PA 17007. This letter was mailed under the date of October 6, 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 December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $42,000.00 to Attorney Kim Bonner on behalf of BayHarbor Loan Servicing, LLC. It being the highest bid and best price received for the same, BayHarbor Loan Servicing, LLC of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $46,409.70. Sheriff s Costs: Docketing $30.00 Poundage 840.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 346.37 Share of Bills 14.92 Distribution of Proceeds Sheriff s Deed 25.00 49.50 $1,796.29 V 11,)aq ?, 611A dAA-.,- ci2 L-7 7) 7 G'?„ Jl y 4 ?? r-? gn v So Answers: ?Zdgoift Z;O??;Ooo?? R. Thomas Kline, Sheriff BY JO ` Real Estate S geant r BARLEY SNYDER LLC William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 501 Washington Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Susquehanna Bank PA, Successor by Merger to Community Banks, N.A. SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 AFFIDAVIT PURSUANT TO RULE 3129 SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located on 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania, identified as tax parcel number 40-28-2100-071, more fully described in "Exhibit A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 2. Name and address of defendant(s) in the judgment: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Wagner a/k/a Robert R. Wagner 211 Shughart Avenue Boiling Springs, PA 17007 2306302-1 r 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Susquehanna Bank PA P.O. Box 639 Maugansville, MD 21767-0639 4. Name and address of the last recorded holder of every mortgage or record: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Susquehanna Bank PA P.O. Box 639 Maugansville, MD 21767-0639 5. Name and address of every other person who has any record lien on the property: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 6. Name and address of every other person who has any record of interest in the property which may be affected by the sale: NAME ADDRESS (if address cannot be reasonably Barry L. Clark ascertained, please so indicate) 330 N. Baltimore Avenue Mt. Holly Springs, PA 17065 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME ADDRESS (if address cannot be reasonably ascertained, please so indicate) Robert Cairns P.O. Box 40 Tax Collector Boiling Springs, PA 17007 South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 2306302-1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Keith Mooney, Esquire Attorney for Plaintiff Sworn to and subscribed before me this /P day of up/ 2008 ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margaret C. Edvwds, NOWY PL"C My Of Rea ft Beft County My CornrrWM Eapkes March 22, 2008 Mereber, P"myl"M* AssooOon Nottrirs 2306302-1 --: ? -? -? a? `,',,j ?: ?;. s, SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/k/a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert Wagner a/k/a Robert R. Wagner The house (real estate) at 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 40-28-2100-071 is scheduled to be sold at Sheriff s Sale on December 10, 2008, at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court judgment of $10,327.68, obtained by Susquehanna Bank PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Susquehanna Bank PA (the amount of the judgment plus costs) (the bank payments, late charges, costs, and reasonable attorney's fees due). To find out how much you must pay, you may call: Nancy Hahn, Susquehanna Bank PA, (888) 722-7270, ext. 8122. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on Page Two to find out how to obtain an attorney). 2306302-1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution has been filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2306302-1 SUSQUEHANNA BANK PA, Successor by Merger to Community Banks, N.A., Plaintiff V. ROBERT WAGNER, a/ J- a ROBERT R. WAGNER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE No. 2008-3097 NOTICE OF SHERIFF SALE PURSUANT TO R.C.P. 3129 OF THE SUPREME COURT OF PENNSYLVANIA TO ALL PARTIES IN INTEREST AND CLAIMANTS: OWNERS: ROBERT WAGNER &Wa ROBERT R. WAGNER PROPERTY: 211 Shughart Avenue, South Middleton Township, Boiling Springs, Cumberland County, Pennsylvania 17007 This Notice is given to you as owners and defendants in an execution proceeding brought before the Sheriff of Cumberland County, Pennsylvania, by SUSQUEHANNA BANK PA, Plaintiff, relative to the following judgment and execution: No. 2008-3097 The property, together with its location and improvements, is described on "Exhibit A" attached to this Notice; said premises will be offered by the Sheriff of Cumberland County for sale according to the information set forth in this notice. This sale will be held on December 10, 2008, at 10:00 A.M. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not more than thirty (30) days after the date of the Sheriff Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the hanging of the Schedule of Distribution in the Sheriff's Office. BARLEY SNYDER LLC By: i v Wil lam F. Colby, Jr., Esqui Keith Mooney, Esquire Attorney for Plaintiff 501 Washington St., 5th Floor P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651, I.D. No. 46880; 74001 2306302-1 ??? .t. ?? 1? -H.' rrr,, ???'? ???r ? ' ?; ???r `` :: ??` WRIT OF EXECUTION and/or ATTACHMENT CO*PffONWEALTH OF PENNSYLVANIA) NO 08-3097 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK PA, Successor by merger to COMMUNITY BANKS, N. A., Plaintiff (s) From ROBERT WAGNER a/k/a ROBERT R. WAGNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,327.68 L.L. $.50 Interest from 5/05/08 Atty's Comm % Due Prothy $2.00 Atty Paid $153.00 Other Costs Plaintiff Paid Date: 6/20/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: KEITH MOONEY, ESQUIRE Address: BARLEY SNYDER, LLC 501 WASHINGTON STREET, 5TH FLOOR PO BOX 942 READING, PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 74001 Real Estate Sale # 19 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 211 Shughart Avenue, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. CD Pate: August 18, 2008 By: `' Real Est Sergeant ` a r AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: January 16, 2009 Writ No. 2008-3097 Civil Term Susquehanna Bank PA, successor by merger to Community Bank, N.A. VS Robert Wagner a/k/a Robert R. Wagner 211 Shughart Ave. Boiling Springs, PA 17007 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney W Total: DISTRIBUTION: December 10, 2008 BayHarbor Loan Servicing, LLC $42,000.00 $10,327.68 339.45 rit Costs: 153.00 $10,820.13 Receipts: Cash on account (08/18/2008): $ 1,500.00 Cash on account (12/10/2008): 4200.00 Cash on account (12/30/2008): 42,209.70 Total Receipts: $479909.70 Disbursements: Sheriffs Costs $1,796.29 Legal Search 300.00 Transfer Tax, Local 1,634.85 Transfer Tax, State 1,634.85 Cumberland County Tax Claim Bureau 2,022.44 Robert Cairns, Tax Collector 355.91 South Middleton Municipal Authority 620.93 Barley Snyder LLC 1,500.00 Susquehanna Bank 10,820.13 Robert Wagner aka Robert R. Wagner 27,224.30 Total Disbursements: ($47,909.70) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 19 r Date Filed: January 9, 2009 Writ No. 2008-3097 Civil Term Susquehanna Bank PA, successor by merger to Community Bank, N.A. VS Robert Wagner a/k/a Robert R. Wagner 211 Shughart Ave. Boiling Springs, PA 17007 Sale Date: December 10, 2008 Buyer: Bayflarbor Loan Servicing, LLC Bid Price: $42,000.00 Real Debt: $10,327.68 Interest: 339.45 Attorney Writ Costs: 153.00 Total: $10,820.13 DISTRIBUTION: Receipts: Cash on account (08/18/2008): Cash on account (12/10/2008): Cash on account (12/30/2008): $ 1,500.00 4,200.00 42,209.70 Total Receipts: $47,909.70 Disbursements: Sheriffs Costs $1,796.29 Legal Search r 300.00 Transfer Tax, Local 1,634.85 Transfer Tax, State 1,634.85 Cumberland County Tax Claim Bureau 2,022.44 Robert Cairns, Tax Collector 355.91 Barley Snyder LLC 1,500.00 Susquehanna Bank 10,820.13 Robert Wagner aka Robert R. Wagner 27,845.23 Total Disbursements: Balance for distribution: So Answers: ($47,909.70) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff's Sale No. 19 held December 10, 2008 EFFECTIVE DATE: December 10, 2008 PREMISES: 211 Shughart Avenue, South Middleton Township, Cumberland County, Pennsylvania, Lot 3, Plan Book 18, Page 75, Plan of Shughart Acres, Tax Parcel No. 40-28-2100-071 (the "Premises") RECITAL: Being the same premises which Robert R. Wagner and Rose Anne Wagner, husband and wife, by their Deed dated November 13, 1980 and recorded January 19, 1981 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "G", Volume 29, Page 934, granted and conveyed unto Robert R. Wagner. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any enviromnental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Subject to the spousal rights, if any, of any spouse of Robert R. Wagner. 21. Mortgage in the amount of $26,804.46 from Robert R. Wagner to Community Banks, N.A. dated August 8, 2000 and recorded August 16, 2000 in Mortgage Book 1632, Page 978. -2- 22. Judgment against Robert R. Wagner in favor of Susquehanna Bank, PA in the amount of $10,327.68 entered June 20, 2008 tb No. 2008-3097 with respect to the mortgage identified in item 21, above. 23. Subject to all building set back lines, easement, notes, conditions, restrictions and all other matters appearing on the Plan of Shughart Acres recorded in Plan Book 18, Page 75. 24. Subject to all rights granted MetEd in Misc. Book 174, Page 505 and Misc. Book 178, Page 433. 25. Subject to the restrictions, reservations and easements, if any, in the survey by Noel E. Smith, R.S. dated May 21, 1971 and cited in Deed Book "C", Volume 24, Page 365, but not of record, and any defect in title by reason of said survey not being recorded. 26. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Shughart Avenue. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE BALE NO. 19 Writ No. 2008-3097 Civil Susquehanna Bank PA, successor by merger to Community Banks, N.A. VS. Robert Wagner a/k/a Robert R. Wagner Atty.: Keith Mooney EXHIBIT "A" ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher; Reg- istered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 11 degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one %tory brick and aluminum dwelling house with at- tached carport. BEING Parcel Number 40-28- 2100-071. EXHIBIT A k PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 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, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RR" 4.191 Writ No. 2008-3097 Civil Susquehanna Bank PA, successor by merger to Community Banks, N.A. VS. Robert Wagner a/k/a Robert R. Wagner Atty.: Keith Mooney EXHIBIT "A" ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Reg- istered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet, more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 78 degrees 10 minutes East 157.49 feet to a stake; thence by the dividing line between Lots Nos. 1 and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds East 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North 11 degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughart Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being; improved with a one story brick and aluminum dwelling house with at- tached carport. BEING Parcel Number 40-28- 2100-071. 'The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE. PA 17013 Zhe PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all havE? been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place aid 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 cif The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockhclders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and fDr said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 -,, 11/12/08 Sworn to and jsu?scribed before me this 25 dl?y of November, 2008 A.D. ?. Notary Public Lr _OMMONWEALTH OF PENNSYLVANIA ' Notaml Seal Sherrie L. Kisner, Notary Public i City of Hamsbu Dauphin count MY ccmr ssim x ?Plres Nov. 26,20y 31 ?Aember, ?'annsylvania Association of Notarrer Real Estate Sale No. 19 Writ No. 21198-31197 Civil Term Susquehanna Bank PA, successor by merger to Community Banks, N.A. VS Robert Wagner, WVA Robert R. Wagner Attorney Keith Mooney LEGAL DESCRIPTION EXHIBIT A ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County. Pennsylvania, bounded and described pursuant to a survey by Stephen G. Fisher, Registered Surveyor, dated September 2, 1975, as follows: BEGINNING at a stake on the Eastern side of Shughart Avenue, said point being 110 feet. more or less, in a Southerly direction along the Eastern side of Shughart Avenue from the Southern side of Raylen Drive, and being also on. the dividing line bdwm Lm Nos. •2 and 3 on the Plan of Lots; thence by said &idi g line, N dh 78 dqrees 10 mW gEast 157.49 to a stake; thence by the dividing line between Lots Nos. I and 3 on said Plan of Lots, South 14 degrees 57 minutes 30 seconds Fast 101.96 feet to a post; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 78 degrees 10 minutes West 163.05 feet to a stake on the Eastern side of Shughart Avenue; thence by the Eastern side of Shughart Avenue, North I t degrees 50 minutes West 101.81 feet to the Place of BEGINNING. BEING Lot No. 3 on the Plan of Lots known as Shughan Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a one story brick and aluminum dwelling house with attached carport. BEING Parcel Number 40-28-2100-071