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Home My WebLink About04-1207 .. Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant # 04 - 1J.67 C,()L~~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 800/990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE ADEBTCOLLECTORATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. VB. Plaintiff : : CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant # DY - /).07 C.lu'\.L'--r~ COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, Citizens Bank of Southern Pennsylvania, of 35 North Carlisle Street, Greencastle, Pennsylvania, brings this action to foreclose a mortgage dated October 9, 2002, between John T. Baum, Mortgagor, and Citizens National Bank of Southern Pennsylvania, Mortgagee, which is recorded in Franklin County Mortgage Book Volume 1778, Page 3500, a copy of said mortgage executed by Defendant is attached hereto and made a part hereof as Exhibit "A". 2. The land subject to the mortgage is situate at 1 14 Water Street, Newton Township, Cumberland County, Pennsylvania, conveyed to John T. Baum, Jr. by deed of John T. Baum and Billyoh L. Baum, dated June 3, 1994, and recorded in Cumberland County Deed Book Volume 106, Page 653, a copy of which deed is attached hereto and made a part hereof as Exhibit "B". 3. The mortgage has not been assigned. 4. Defendant is the real owner of the land subject to the mortgage and his address is 114 Water Street, Walnut Bottom, PA 17266. 5. The mortgage is in default because Defendant has failed to make payments upon the Mortgage. Notice of default in the form of Act 91 were delivered to Defendant by first class mail with proof of mailing and certified mail dated November 19,2003, and receipted by Defendant on November 21, 2003. Copies of the Notices and mailing receipts are attached hereto, made a part hereof and marked Exhibit "C". 6. The following amounts are due on the mortgage: a. b. Principal and interest Attorney's collection fee Total $29,530.71 4.429.60 $33,960.31 , . WHEREFORE, Plaintiff prays the court to enter judgment in mortgage foreclosure against Defendant in the monetary sum of $33,960.31 together with costs and interest at the contract rate after judgment. K~FIELD AND BENCHOFF Byr~ I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CITIZENS BANK OF SOUTHERN PENNSYLVANIA BY~~ <-0:.'b~ '. . .', 1,,(1~je.--o?-0303(P:ZJ/<b3 \,"RECMD.ATlo'N REaUESTED BY: Cltlz,nIB:';nkofSolrlhtrn Plnn.ylvlnlll Ot..nc"U, 3S'N. ClrN,I, Str'lt P.O.80Jf400 Or..ne..tll, PA 17225 WHEN RECORDED MAil TO: ettlz'/l' Sink of Southern PlnnaylVlInla cia 58! LOll" Cdnt,r P.O. BOll 839 Mlulillnlvllll, MD 21767 " .,~~",\,;,j:t \ ~ !! r 1'. llEGlH .'>~Ir:DCI{ OF DEEDS !JlRlMID COUNTY.r: '82 OCT 23 AI'I10 50 e SPACE ABOVE THIS LINE IS fOR RECOROER'S USE ONLY MORTGAGE THIS MORTGAGE dated October 9. 2002, 18 made and executed between John T. Paum (referred to below as "Grantor") aNd Citizens Bank of SOlJthern Pennsylvania. whosl! addreu Is 35 N. Carlisle Street. p..a. Box: 400, Gr8ene8.tle, fA 17225 (referred to below at "lander"I. QRANT OF MORTGAGE. For v.lulbl. confldet,tlon, Grlntllr grentS, bargains, sells, conveyS, essigns, tranelers, releases, conlirma and mortglgU to lender all 01 Grsntor's right, tida, end internt in Ind to the lollowing ducribed real property, together with all existing or subuquendv erected or IIfflxed buildings, Improvements end fixtures; all streets,lanes,allllYS, pessages, and ways; alleatements, rights of wey, all liberties, prlvi!eges, tenements, hereditaments, Ind eppurtenences thereunto belonging or enywise made appurtenent hereelter, end the reversion. and remelndere with respect thereto; afl water, weter rlghte, welercourses end ditch fights !Including $lock in utilities with ditch or Irrigation rights); end ell other rights, lOyalties, end profits releting to the relll property, Including without limitation all minerala, 01" gas, geothermal end sjmiler metters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See E"hlblt "A", which Is attached to this Mortgage and made a part of this Mortgage as If fully set forth her.ln. The Real Property or It. address Is commonly known as 114 Water Street, Walnut Bottom, PA 17266. Gfllntorpretendyauigneto lender till of Grentor's right title, end inte!estin end to till present and future leeses of the Property and all Rents from the Property. In addition, Grentor grsnts to lender a Unllorm Commercial Coda lIecurity Interest in the Personal Prop.erty and Rents, THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SeCURITY INTEREST IN THE RENTS ANO PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS ANO IBl PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF f33,154.50, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED .ON THE FOlLOWINO TERMS: PAYMENT AND PERFORMANCE, Except as otherwllle provided In this Mortgage, Grantor shall pay to ler'lder ell amounts aecured by this Mortgage .s they become due and shall strictly perform lI:lI of Grantor'a obligation. under this Mortgege, POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor egreu that Grentor's possession and use of the Property shall be governed by the following provl.lonll: PII..e..lon .Ad Un. Until the occurrence of an Event 01 Dafault, Grantor may (t) remein In pouesslon and control 01 the Property; 12) usa, operate M m!'lnllge the Ploperty; and (3) collect the Rents from tha Property, Duty to M.lntaln, Grantor shatl melntein the Property in good condition and promptly perform ell repelrs, replecements, and maintenance nlcessarytopresttveitllvelue. Complllncl WIth Envlronmentlllftw" Grentor represents and werranta to lender that: (1) During the period of Grentor's owner.hip ot thePropetty, there hes bean no use, generatIon, manuleelure, storage, treatment,disposel, releasaorthrllalenedr,leaseofllnyHelardous Substlnoe by any person on, under, about or from tha Property; 12) Qrantor hIS n.o knowledge of, or reason to believe thallhere has beln,lliIceptll' prevloualy disclosed to end ecknowledgad by Lender in writing, (8) eny breach or vioh!ltionof Ilny Environmentel laws, lbt any use, generation, mtlnulacture, IItorage, treatment, disposal, release or threetenad releue of any HaltlrdOUII Substance on, under, about or Irom the Property by IIny prior owner, or occupants olthl Property, or lcf Iny IIctual or threatened Iltigatlon or claims of llny kind by eny peraotlrelatlng to such mtlttere; and (3f Except as pleviouslydlsclosed to and ecknowledged by lender in wdl!ng, lef neither Grantor nor eny tlnant, contractor, agent or other authoriud user Of the Property shall usa, generata, matlUfactura, store, treat, dispose of or relene any Hazardous Substence on, under, about or from Ihe Property; and lbf any such actlvity8hall be conducted Incompliance wIth all appllc.ble federal, state, Ilnd locallews, regulations end ordinancas, including without limitetion all Environmentlllltlws. Grantor authorizes lendlr Ind its egents to enter upon the Property to mak e.uchlnspectlon. end tests, at Grentor's ellpenae, es lender may deem approprltlta to determinl compliance of the Property wllh this .ectlon 01 tha Mortgage, Any inspections or tesll mede by lllnder shail be forlend,r's purpOll:aa only tlnd shaft not be construed to crltltll any rasponsibllity or IIllblllty on the part of lend&t to Grantor 01 to eny other perllon, The repru6ntations Ilnd werrantle. conttl(ned herein Ira bll8ed on Grantor's due diligence In lnveatlgating tha Property for Hallrdou. Substances. Grentor hereby j 1) releulS end waives any future claims agllinst lander lor Indemn1W or contribution In the event Grentor becomu liabla lor cleenup or othar costs under any luch laws; tlnd (2) agrees to indamnify and hold hlrmless lender aglllnst any and all claims, foues, liabilities, dtlmages, penelties, and expenses which lender may directly or Indirecdv susteln or suffer rnultlng from a breach of this .ection of the Mortgage or IS a con.equence 01 any uae, generation, manufactura, storage, disposal, release or threatllned release occurring prior to Grantor'a ownerShip or inlerest in the Property, whethar or not tha same was or ahould have bean known to Grantor, The prov(aions of this section of the Mortgage, including the obflgatlon to indemnify, shell survive the payment of the Ind,btednes. end the utislaction and raconVeyanCa 01 the lien 01 this Mortgaga end shall not be affeoted by lender'a acquisition of any Intere.t In the Proparty, whether by forecloaure or otherwise, Nul..nc., Witt.. Grantor shell not cllusa, conduct or permit any nulsanca nor commit, permit, or suHer any .tripping of or waste on or to the Property or any portion 01 the Property, Without limiting the gonerelll\' of tho loregoing, Grantor will not rlmove, or grlnt to any othar parwthe right to remove, eny timber, minerel. (lncludlng 011 and gl8 ),coel,clay,scorla,soil,gravelorrockproduclswithoul(,.endar'sprior wrlttenconsetlt, Rlmov.1 of Improv.ment., Grantor shall not demolish or remove eny lmprovamenls from the Real Property without lender's prior writton coneent, A. a condition to the romoval of any Improvament" lender mllY require Grentor 10 make arrangtlments setislactary to Lender to replece .uch Improvements with Improvaments of at leest equal value, L.nd.r'. Ftlghtto Enter, lender etld Lender's egents,ndrepreaentallvea msy enter upon the ReslPropaltyat ell rellSonabletlmeato aUend to lendet'a Intares" and to inspect the Real Property for purposes 01 Granlor'. complianca with the lerms and conditions of this Mortgegll, Compn.nlle with Governmantal Requlrem.nu. Grantor ahall promptly comply with all laws, ordinances, end regulatlona, now or hllrea!ler lnef/eet, of IIl1govlrnmentel euthorltllllapplicable to the use or occupllncyof the Property. Grllntor may contest In good lelth any such jew, ordinance, orreguletlon end withhold compliance during enyproceedlng, including appropriate eppeals, so long u Grantor has notiflad lender In wrIting prior to doing so and so long es, In lender'..oleoplnian, Lander's Interests Inth" Property are not/eopardlled, Lender mey require Grtntar to post adequete security or a surety bond, reasonably SIItisfactoly to lender, to protect lender'a interest, Duty In or lellve unatter'lded the Property. Grantor ehall do ell other acta, In addition to those =i~'r,.- EXHIBIT e character end usa of the Proparty are reesonebly necessary to protact and pres,rve the OUE ON I I A IY, tit Llnder'a option, daclare Immediately due and payable all ,ums secured by this Mortgagl prior wrltllln consant, of all or any pert of the Reel Proparty, or any intelast In the Raa! Prop.rty, ~f Real Property or eny right, titla or interest in tha Real Property; whether legal, beneficial or e(lultel:l ler by outrIght 8lI1., deed, In"allment 1I111e contrect, land contrect, contract for deed, ,. .. BK I 77 S PG 3 5 0 0 c:~ MORTGAGE. , . . Loi~o: 0303629463 (Continued) , . Page ;l 1 . , I .. ~., " ,.,Hold h'lterut with a term grelller ,"an thrall (3J yeers, lease-option contract, or by sale, IIlSlgnmllnt, or tranafer of anv benellclallntlrelt In 01'1'0 sny land trlJst holding title to the Real Property, or by any othar method of corwayence 01 en Interest In the Real Property. However, this optio(lshllll nctbe exercised by lender ifsuchex~lcj811 is prohibited by IlIderallllw or by Pennsylvllnlelaw. TAXES AND LIENS. The following provisions relallng to the taxes and lienS on the Property lire plllt 01 this Mortgage: Payment. Grentor shall pay when dUll (end In all events prior to delinquency) all tI"U, payroll taxll, special tlllet, essalamants, weter chllrg8ll and sewer service charges levied agaln.tar on al;l;ount of the Property, and .hall pay whan dV8 aU dalml lor work done on or lor services rendared or malarial furnished to the pro~' arty. Grantor;sl1all mslntaln the Property Iree 01 any liena having priority over or equal 10 the Inter8ltol Lender under thl.Mortgage, a)l.cep ~rthole.llen.a'pel;lflcaUyegreedtolnwrlt1ngbYLender, ande)l.cept for the lIenoltnlll end8lsenmentsnotdueeslvrtharspec;IIledlnlh RJOhtloC;:pnieatperagraph. RIght to Contut. Grantor may Wllhhold payman;\f.a".-;,.-d{ alleumenl, or claim In connection with a good lalth dlapute over the obliga1ionto pay, so lon(las Lender's interest In the Property Is not Jeopardllad. Ila lien arises or le Illedas e result of nonpsyment, Grantor shall within fllteen 115) days after the nan arises or, If a lIan Is filed, wIthin fifteen (15) deys aftar Grentor hea notice oftha filing, IScure the diachllfgeol the lian, or if re<1lHllted by Lender, depo.lt with Lender cnhor a Ivfflclentcorporate suraty bond or other secur i1Y ntlsfaCloryto Lender in an emount sufficient to dlschsrga the Ii lInplusllnycostsllndaltornllys'felll,orolherohargesthlltcouldaccrue n. rasultol s foreclosure or sale under the lien. In anYl;onteat, Granlor Ihall defand Itself and Lllnder and ,haU 18llsfy any advarse Judgmllnt before enforcement sgalnst Ihl! Property. Grantor shall name Lender as an additional obligee under any surety bond furnIshed in the cO{\last proceedings. Evldlncl of Plym.nt. Grsntor Shell upon demand furnish to Lerlder ntlsfactory evidence of psyment of the tsxes or al9lUSments snd shell aUlhorize the spproprlstll governmenlal official to dllllver to Lsnder at Ilny time s wriltan stalement of Ihe taKas and assessments agelnst the Properly, Notlc. of Consltuc:tlon. Grantor shsll nollfy Lender at least fifteen (151 days before sny work Is oommenced, any servlcll8 sre furnishad, or any matsrlals ere aupplied to ths Proparty, If eny mechanic'lI lien, materialmen's lien, or othar lien could be asserted on .ocounl of the work, aervlces, or material~. Grantor will upon request of lend.r lurnlsh to Lendsr advance assurances satlsfsctory to L.nder that Grantor can snd wilt pay Ihll COSI of such Improvements, PROPERTY DAMAGE INSURANCE, The following provisions relating to Insuring the Property are Il part of this Mortgage: Mllnt.nsnc:e of In,ur.nce. Grsntor Shall procure and maintain policies of fire Insuranc, with standard extend.d coverage endotlementl on s replscement basis for the full Insurable value covering aUlmpr ovements on the Real Property In an amovnt sulliclentto avoid app Ucatlon of snycoinsurance clsuse, and with e stsndsrd mOflgagee clsuse In lavor of Lender. Polici" shall be written by luch Inlurllncll companies end In such form III may be reaaonably accsptable to Lander. Grantor shsll dllllver to Lender certiflcptu ofCOVllrsge from eachlnlurar contsinlng a lIipulation II1St covarllge wJlt nOI ba c.ncelled or diminlllhlld wllhol,lt a minimum of Illtlen (16) days' prior wrlnen notice to LlInder sndnotcontaining any disclaimer of thll Insurer'a llsblli ty for lailure to give such nOllce. Eachlnsurancepolicyelllolhalllnctudlllln endorsemenl providing Ihal coverage In favor 01 Lander will not b. Impslred in sny wav by any act, omlnlon or delsult 01 Grantor or sny other person. Should the Real ProperlY be located in an ares dellgna111d by Ihe Director of the Federel Emergency Mansgsmenl Agency as aapecial flood hazsrd erell, Granlor egreesto obtain and mainlaln Federal FlOOd Insureflce, it svailable, within 45 dsysefternOllceIs given by Lsnder that tha Property Is locatad In aspec!al Ilood hazsrd ar ea,lorthalullunpahlprlnclpelbslenceottheloanandenyprlorIlenlon Ihe property securing the loan, up to the ma)l.imum policy limits set under Ihe National flood InsuranCe Program, or III olherwlse required by Ltllnder, end to mainlain such Insurllnce lor the lermol the loan, Application of Proc.eds. Grantor shall prompllV notify Lender 01 any 108s or dsmsge 10 Ihe Property. Lender may make proof of 1018 II Grantor lalls to do so within fi1teen (161 days of Ihe casualty, Whalher or nOI Lemfllr's securllV Is Impaired, Lsnder mey, at Lender's Slection,reoelveandretainthllproClledsolanvlnsurance/lndapplythe proceeds 10 Ihd reduction of the Indebtednel8,peymenl 0 fanylien affeCllng the Property, orthll reslorstlon endrepslr oftha Property. If Lender elects to apply Ihe proceeds 10 rellorallon end repslr, Granto! shel! repair or replace Ihe damaged or destroyed Improvements in a manner sstlsfactory to Lendar. Lender shall, upon Ullslectory proof of suche)(pandilule, pey or reimburse Grantor from the proceeds for the reasonable cost of r,pllir or restoralion If Granlor ia not In defaull under this Mortgage. Any proceeds Which have nOI been disbursed within lBO dsvs aller their recelpl and whIch Lender hili not committed to Ihe repair or restoration of Ihe PrOperlY Ihell be used firat to pay any amounl owing 10 lender under this Mortgege, then to psyaccruedinlerest, and Ihe remelnder, II any, shell be spplied to the principal balsnceo!thelndebtednel8, II Lender holds any proceads after psyment In fullo! Ihalndabledness, such procaeds shsll be paid to Granloras Grantor's inlerests may appear, LENDER'S EXPENDITURES. jf Grantor fails (A) to keep the Property flee of all taxea, liens, security Interests, encumbrsnces, and other clslms, (BI to provide any required insur~,"ce on tha Property, or leI to make repairs to the Property Ihen Landllr may do 50. If any sctlon or. proceeding is commenced that would meterllllly affect Lender'a Interests In Ihe Properly, then Lender on Grantor'a behelf may, but is not required to, take eny ,Clion Ihst Lander believes 10 ba approprletelo prolect Lllnder's Interestl. AIIIl)l.penS8S Incurred or paid by Lander for such pvrpoaes will then bear Inlllrest at the ratechltged under the Note from the datI Incurred or paid by Lender to the date of repsyment by Grsntor. All auch e)l.penses wili become a parI of the Indebtedne81 and, al Lender'a option, will (A) be payable on demand; (BI be added to Ihe balance of the NOle and be epportloned among end be payable Wllh sny Instsllmenl psyments 10 become due during either (11 the term of eny appllcabls Insurance pOllcv; or (21 Ihe remslntng larm of the Note: or Ie) be Ire/lted as a blllloon paymlnt which will b. due .nd payable at the Nota'a maturlly. The Morlgage elso will secure payment 01 th..e amounll. Thll fights provided lor In this paragraph shall be In addition 10 any other rights or sny remedies to which Lender mllY b. enlltled on account of any delault, Any such sctlon by lender shall not be construed as curing the dafsult ao as to bar Lander from any remedy Ihal II othsrwlse would have had. Grantor's obligation 10 Lender for aU suche)(pen5llsshallaurvlvetheentryofenymortgageforecloau(ejudgmsnt. WARRANTY; DEFENSE OF TITLE. The following pro....lsions relstlng to ownerlhlp of the Proparty are s psrt of Ihls Mortgsge: TltI.. Grantor warranls that: (a) Grantor holds good and marketable tItle of record to the Property In fell simple, free and cleer 01 ail liens andencvmbrances olher than Ihose set forth in the RllalPrOpllrlyd eacrlptlon or In snytltlo Insuranca policy, tltlereporl,or final 11tleoplnion lasued In lavor of, Ilnd acceptsd by, Lendar in connection with thla Mortgage. and lb) Grantor has Ihe full right, power, and lIuthorltyto e)l.l!culeand dallver this MortgagstoLender. Oel.n,. of Tltla. SUbjllct to the eKceptlon In the pallgreph IIbove, Grsnlor warrents and willlorever defend the thle to Ihe Property egeinst the lawful clelms of 1111 persons. In the evenl any acllon or procetlldlng is commenced that queslions Grantor's tille or the Interast ot Lllnder under this Mortgage, Grantor shall defand the IIclion SI Qranlor'a e)l.pense. Granlor mey be the nomlnsl psrty In such proceeding, but Lender shall beenlltled to partlclpale In the proceeding and 10 be represented In IhepfOceeding by counsel of Lender's own choice, end Granlor will deliver, or cause 10 be deliverad, to Lender such Inslruments es Lender may request from lime to lime to permIt such participation. Compllerlce WIth Lews, Grantor warrants Ihat Ihe PtopellV and Grantor's lJse of the Property compiles with sll oKlsting sppllcable laws, ordinsncas, and regulalions ofgovernmentel.uthorltles Sur....I.....1 of promlsllI, All prom~ses, a~reem!lnIS, end stateme~ts Grantor has mede In this ~ortgage shall survive the execution and delivery ~~n~hls Mcrtgllge, shall be continuing In nalure and shall remeln In full foroe and effact until slJch time all Grantor's Indebtedness Is paid in CONDEMNATION. The following provisions reletlng to condemnation proceedings area part 01 this Mortgage: Proceedings. If any proc6edlng In condemnSllon Is filed. Grantor shall promptly notify Lender In writing, and Granlor shall promptly teke such steps III may ba necessary to defend the action and obtain Ihe ewald. , Grsnlor maV be the nominsl party In such proceeding, but Le,nder shall be entllled to penicipale In the proceeding and to be represented Inlhe proceeding bv counsel 01 Its own cholca, end Grantor WIll deliver or cause to be delivered to Lender such Instrumsnl$ Ilr'Id documantallon as may bll requested by Lender trom time to time to permit lIuch pa(\iclpatlon. Appllc.tl"n of N.t proceeda. If all or any part of the Property Is condemned by emlnenl domain proceedings or by any proceedln(l or purchaseinheuolcofldemnation, Lendel may at Its election reqUlra that all or any porlJon of the na tproceeds 01 the awsrdbe Ilpplied to tha Indebtedness Or the repair or resloration of the Property, ,The net proceeds of the award shall mllen the award alter payment of all ecwaicosts, ellpensos, and attorneys' tllOS lncurflld by Lendorm c onneCllon with the condemnlltlon. IMPOSITION OF TAXES, FEES ~NO CHARGES SV GOVERNMENTAL AUTHORITIES. The following provisions relating 10 government., taxes, fees sndchllrgell are e parl 01 thiS Mortgage: ' Current Tu... Fee. llnd Charg... Upon request by Lendar, Grentor shall eKecute lIuch documents In eddltion to this Mortgage end take wheteverolher aCllOI1 IS requested by Lender to perfect and conti nua Lendll/'s lien on the Real Properly. Grantor shall reimburse Lender for GI( I 77 8 PG 3 5 0 I bum No: 0303629463 MORTGAGE (Continued) Page 3 ell tlxes, as described below, togethar with all expenses Incurred In recording, perlecting or continuing this Mortgage, Including without Iimlletlon all tll(eS, feel,documentllry stamps, and othercherge S fOf racordlng or registering this Mortgege. TIX". The following shalt constitute taxas to which this section applies: 11) s specilic tOI( upon this type of Mortgago or upon all or any pin of the Indebtedness seculed by this Mortgage; (2) II specllic tllX on Grantor which Grantor is euthori~ed or required to deduct Irom peymenta on the Indebtedness secured by this type of MortgaQe; (31 a tall on this type of Mortgege chargeable agllnst the Lender or the holder of the Note; and (4l II specific tax on Ill! or any portion 01 the Indebtednese or on peyments of princlpelend Interest mede by Grentor. Sub..qu.ntT'll", II any tell to which this section applies Is enacted subsequent to tha data 01 this Mortgage, thla event shell heve the 88me eflect as an Event of Delault, end Lender may exercise eny or elf of its IIvallable remedlu for en Event ot Deleult es provldad below unlen Grentor either 11) pays the tax before It becomesdalinquent, or (2) contests the tax as provided above in thaTaxee and Liens sectllln and depllsits with Lender cash or l! sulllcientcorporete surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The lollowing provisions ralating to this Mortgage es e sacurlty agraement are a part 01 this Mortgege: Security Agr..m.nt. This Instrument shall constitute e Security Agreement to the extent any of the Property constitutes fixtures, and Lender shell have all 01 the rights 01 8 secured party under the Uniform Commerciel Code es emended from time to time. Security Interest. Upon request by Lender, Gra"tor shell execute financing statements and teke whatever other elnlon Is requesled by Lender to perfect and continue Lender's security Inlelest in the Personel Property In eddition to recording this Mortgege in the real property records, Lender may. at any time and without further authorlzstion from Grantor, file executed counterpartt, copies or reproductIons of this MOltgage as a linencing statement. Grenlor shall reimburse Lendar lor all e"penSfl incurred In perfactlng or continuing thIs security interest. Upon default, Grentor shall not remove. sever or detach the Personal Property from tha Property. Upon dafault, Grantor shell 88semble any Personal Property not effllled to the Property in a manner and at e place leesonably convenient to GHmtor and Lender end make it avoilable to Lender within three (3) deys after receipt of written demend from Lender to the extent permllted by applicable law. Addren.., The mat(ing eddresses of Grentor (debtor) and Lender (secured partyl from which information concerning the security interest granted by thle Mortgage may be obtained (each lIS required by the Unilorm Commercial Code) are as Slated on the first page of this Mortgage. fURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. euthorilatlons are I part of this Mortgaga: Furth" A"urlne.., At any time, and Irom time 10 time, upon request of Lender, Grantor will make, execute and deliver, or will ceuse to be made, ellecuted or delivered, to lender or to Lander's designee, end when requested by Lender, cause to be filed,fecorded,refiled, or rerecorded, 11II the ca88 mey be, et such times end In such offices Bnd pleclIII as lender mey deem apprOprillte, eny end all such mortgages, deeds of trult, security deeds, security egreementl, financing atll!ements, contlnuatiOI"l statements, inetruments 01 lurther auurance, certlflcetll8,andother documents as msy, In the sole opinion of Len der,benecesssryordasirablelnordertoellectuate,complete,petfect, contlnue, or preserve 11) Grantor's obligations under the Note, this Mortgege, and the Related Documents, and (2l the liens end eecurlty Interesta crellled by this Mortgagll al first IInd prior !lens on the Property. whether now owned or hereaftar acquIred by Grantor. Unlna prohibIted by lew Of Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expensu Incurred in c:onnectlon with the mattere referred to inthll pllTlIgreph. Addttlon.IAuthorlzetlonl. II Grantor fails to do eny of the thIngs referred to lnths preceding paragraph, Lender mey do so for end in the name of Grantor IInd lit Grllntor', ellpense. For such purposes, Grantor hereby jrrevocebly euthori~es Lender to milke, execute, deliver. lile. record end do ell other things as may be necesoaryor desirable, in Lender's sole opinion, to eccomplishthe matters retemtd to In the preceding paragraph. Itls underltood that nothing set lofth her aln shall reQuIre Lender to take ony such ections. FULL PERFORMANCE. If Orantor pays alllhe lndebtednen when due, snd otherwise performs ell the obligations imposed upon Grantor under Ihls Mortgege, Lender shall execute Bnd deliver to Grenlor a suitable selislaction of this Mortgage end suitable st3lementl of termination of any flnar',dng atatemer:t on fil8 evidencing Lender's security Inter~ct in ths Rents and the Pe~sonel Property. Grantor will pay, II permitted by IlPpllcable law, eny re8Soneble termination fee ea determined by lender from time to lime. EVENTS OF DEFAULT, At Lender's option. Grantor will be in delault under thia Mortgage if any of the following happen: paym.nt D.f.ult, Grentor fails to make any peymant ....hen due under the lndebtednele. Detlult on Othar Peym.n", Failure 01 Grantor within tha time requlrad by this Mortgage to meke any payment for talles or insurance, or enyother p.yment naea..ary to prevent flling of or to effectdlacharg eolel1yllen, Br.ak qther Promls.., Grentor breaks any promise mede to Lendar or f,lls to perform promptly at the tlma IInd strictly In the manner provld.d in this Mortgege orin af'lY agreement related to this Mor tgage. D.fault In Favor of ThIrd P.rtIU. Should Grentor defaull under eny loan, eJ(tansion 01 credit, security agreement, purchase or salel egreement, or .ny other agreement, in favor of any other creditor or person that may meter/ally effect any of Grentor'a property or Grantor'a ebility to repay the Indebtednesa Or Grantor's ability to perform Grentor'a obligations under this Mortgage or sny related dOCUment. Fal.. Stat.ments, Any replesentation or atatemant made or furnished to Lendel by Grentor or on Grantor's behall under this Mortgage or the Releted Documents Is lel,e 01 misleading In eny mllterial reapect, either now or at the time made or furnished. Defective Collet"anutlon. This Mortglge or any of the R61ated Documents ceasas to be in fult loree end effect (including failure of any collateral document to creata a valid and peflected security iO(erea torllen) Ilt any time end for any reason. Death or Insolv.ncy. The death 01 Grantor, the Insolvency 01 Grantor, the appointment of e receiver lor any part of Grantor's property, any allllgnment for the benefit of creditors, eny type 01 creditor workout, or the commencement of anyprocaedin" under any benkruptcy or lnsolvancy lewe by or egeinst Grantor. Taking of tha Property. Any creditor or gOV"mmentelegency lrills to take any 01 the Property (lr Iny other of Grantor's property in Which Lender has II lien, This includes taking 01, gernishing of or levying on Grentor's accounts with Lender. HOWever, II Grantor disputes in good IlIith whether the claim on whiCh the teking of the Property is based Is vetld or rlllSonable, and il Grantor gives Lender written notice of the claim and lurnistles Lender with monies or a suraty txInd satislactory to Lender to satisfy the claim, then this deleull provision will notapply, B'tlch of Othl' Ag,..m.nt, Any breach by Grantor under the terms of eny other agreement b.tween Grantor end Lender that il not remedied within eny grece period providad therein, including without limitation any egreement concerning eny Indebtedneu or other obllglllon 01 Grantor to Lender, whether.lelatlng now or later. Ev.nt. Aff.etlng Guarentor. Any of the preceding eventa occurs with respect to eny guarentot, Indorser, !lurety, or eccOl1'1modetlon party of eny of the Indebted"''' or eny guarantor, endorser. surety, or accommodation plrty dies or becomes incompetent, or revokes or disPute. the validity 01. or Ilebillly under, eny GUllfanty of the Indebtedness. In Ih" event of II death, lender, et Its option, mey, but shall not be requIred 10, permit the guarerltor's estete to auume \lncond/tlonally Ih. obligations ariSing under the guerenty In a manner setlaf.clOrytO Lender, end, Indoll1g so, cure any Event of Oefeult, RIght to Cur.. If such a fellure Is curable and If Grantor has not been given II notice of e breach 01 the SlIme provision of this Morlgage within the preceding twelve (12) monlhs, It may be cured (end no EVllnt 01 t)ehlull will have occurred) If Grantor, after Lendar sends w,itt.nnol!cedemendlngcuraol.uchlaflure: {el curea the failure within flfte.n (151 dey" or lb);fthecure requlr81 more then fifteen (16Id,,,,., Immedllltelylnltlates steps .ulllcient to cure the failure and thereafter continues and completa. alt rallSonebl.end necessary stepa.ufflclenttoprodueecomplianceesaoonureaaonablyprectleal. RIGHTS AND REMEDIES ON DEfAULT. Upon the occurrance 01 an Event of Deleult and at eny tlm", therellfter, Lender, et Lender's option, may el(.rcia..nyone or more 01 Ih.follo.....lngrlgh" end rernediaa,lnedd Itlon to Ilnyolher rights orremedi.. provided bylaw: Acx:.leratelndebt.dn.... Lender Shall have the right ,tits option, after giving such notlcea88 required by appllcablelew, to declare the entlrelndebtednesaimmedlatelydlJe endpeyable. UCC R.m.dln, With respect to ell or any part of the Personal Property, Lender shell have alt thll rights and remedies of 1I secured perly under the Uniform Comlllercilll Code, BK \ 77.8 PG3 5 0 2 The following provisions relating to lurther assurances and additional loan No: 0303629463 MORTGAGE (Continued) Page ,4. Coll.ct R.ntl. Lender shaU havo the right, without notlc. to Grantor, to taka possession of the Property and collect th, Renls, Including amountspestdueendunpaid,andapplyth.netproc.eds,overllndabovel.nder'.co.ts,agolnsttholndobt.dness, In furtherance of this right, lender may require any tenant or other ullr of the PrOPlrty tomoke payments of rent or use lees directly' to lender. IItheRentsar. coll.cted by lender, then Grllnto/ Irrevocably authorizes lend.r to .ndor.. Instrl,Jments rec.ived in payment therlolln the name of Grantor and to negotiate the I8me and coll.ctth. proceeds. Paymentlby tenonts or oth.ruB.rs to Lender In rBlponsetolender'ldlmend Ihall satisfy tha obllgal!ons for which the paymentl are made, whether or (lOt any proper grounds for lhe demand elllltad. Let1def mey eKerci.e its right. under this subparagrapheithar in parson, by egent, 0 rthroughareceiv.r. Appoint Rec.lv.r, L.nder shaHhav. the dghtto have a recaiver appointed to take poue sslon of aiJ or any pllrt 01 the Property, with the power to protect and preserve the Property, to operate the Property precedlflg foreclOlure or I8le, end to collect the Rentll from the Property ond apply the proceeds, over and above tha cost of the recelv.rship, .golnlt the Indebtednelll, The receiver may Il.rve without bond II permlttadby!ew, lender's right to the oppointm.ntof e rlcelver Ihall eltlst whether or not the apparent vllluaol tha Prop erty exceeds the lndebtedn8$s by II liubstantlal emount. Employment by Lllnderllhall not dlsquellfy e person from s.rvlng el a receiver. JudlclelFortclo.ur.. lender meyobtalfl a jul.liciel decree foracloslng Grantor's Inte rill In ail or IInypartofthe Property. NonJudIcIal S.I.. II permitted by applicablll!aw, Lender may foreclose Grantor'. Interest in eU or In any pert of the P.rsonal Property or the Reel Property by non.judicial "Ie. O.flel.nc:y Judgm.nt, lender mey obtain a judgment for any defie/ency remaining In tha Indebtedneu due to Lender after appllcetlon of ell Ilmounta recelvad from the exercise 01 the rights provided in this 88etlen. T.nancy.t S1.Iff.r.nce. If Grantor remains in pOBleufon of the Property after the Property II sold as provided sbove or Lend.r otherwise becomes entitled to pOlsesslon 01 the Property l,Jpon def.ult of Grsntor, Grenlor Iheil become a tensnlat lufference of lender or the pUfGhaser of the Property IInd shall, at lend,I'. option, either (ll pay a reasonable rental for the use of the Property, or 12) Vllcllte the Property Imm.diately upon tha demand of Lend.r. Other Rem.dl... Lender shIll hllva all other rights IInd remedies providad In this Mortgage or the Note or availabla at law or In aqulty. Sal. of the PrOperty. To the extent permitted by epplicable law, Grantor hereby waives anY and all right to hive the Property marshalled. Inexerclllngltsrlght.and/emedles, lender shall be free to IOU all or any part of the Property together or separetely, In on. Ilale or by sepllrete lalas. lenderllhell be entitled 10 bid at any public Sllle on all or any portion of the Property. Notloe of S.le. lender will give Grantor realonable notJce of the time and piece of any public sale 01 the Personel Property or 01 the time sfter which any private lalll or other Intsndod dillpos!tion of the Personsl Property la to be made. Unlesa otherwise required by applicable law, reasonable notice ahal! mean nOlice given at least tlln (101 dlly. before the time 01 the aale or disposition. Any allle 01 the Perllonal Property may b. mede in conjunction with anyllele of the Real Propeft y, EI.ctlon of R.m.dl... All 01 lender's rights end remedies will be cumulative and may b. eKllrclsed alone or together. An election by' lender to choose Ilny ona remedy will not bsr lender from u,lng any other rllmedy. ff L.nder deCides to spend money or to perform 'II1Y of Grantor's obtlglltionl under thill Mortgag., after Grantor's failure to do so, that declalon by lender will nOI aff.ct lender's right to declare Grantor in defsult and to e"ercise Lender'sr.medl". Attorn.y.' F...: EKpen.... If lender institut81 any suit or action to enforce any of the terms of this Mortgage, lenderllhalf be entitled to recover auch sum asthocourlmllyadludgereaaonabl.uettorneVB' fee sSltrlelanduponllnyappeal. Wheth.r or not any caurt eCllon J, invOlved,endtothllextenlnotprohibited bylaw, all reasoneble exp.nl8s lender incurs that in lsnd.r'. opinion are neceauryetsny time for Ihe protection of Its interllst or lhu enforcllmenl of its rights Ihsllbecomasp,rtofth.lndebt.dne"payebl.ondemlndandllhaJlbeer Interest at the Note rSle from the date 01 the eKpenditure I,mtil repllld. E"penS81 coverad by thia paragraph Includ', without limitation, howaver Subject to sny limib under applicable law, l.nder'l attorneys' fees and lender's legll e"pena8l, whether or not there is a lawsuit, Including attorneys' leas llndaxpenses for bankruptcyproceedin gll (Including.lforts 10 modify or vecete snyeutomatic Iltayorln junction). appasls,6ndanyanticipatadpost.judgmentcollectionservices, the cost 01 sesrchlng recorda, obtaining title roportl lincludln glorec!osure raportsl. surveyors' raports, and appraisal fll61 snd title insurance, to the a"tent permitted by applicable law. Grentor 61so will pay any courlcosts, In addition to elt olhersums provided by lew. NOTICeS, Unless otherwise providad by applicabla law, any notice raqulr.d to bog!ven under thIs Mortgaoo sh~1I be giv.n In writing, and shall be effective when actu,lly dall\lered, when actually raceived by telafacslmile lunleu oth.rwlle requlr.d by law}, when deposited with e nationally fecognlzed overnight courier, or, if mell.d, when depolllted In the Unit.d States mail, as first cless, certified or registered mall postllge prepaid,directedtothe addresses shown nesrthe beginning of thl. Mortgage. Allcopiaa of ootices of loreclosure from the holder of snylien which has priority over this Mo/tgage shall be sent to lander'. eddreaa, 8IIMWn near the beginning of this Mortg.ge. Any per,on may change his or heraddr... fo/notlces under this Mortgllge by gIVing formlll writtennotlcetotheotherperaonorperaonl,spac:lfylngthetth.purposeol the notice II to chang. the psrson's address. For notice PVrPOI", Grantor agrlllls to keep lender informed at all tlmes 01 Grantor'll Cvrf8nt addre... Unle.. otherwise provided by appllcllblelaw, If there ill more than ono Grantor, sny notice given by lender to any Grantor II deemed to be notlca gl....n to all Grantors. It will be Grantor'. ruponlibility to tell the others of the notice from londer. MISCelLANEOUS PROVISIONS, The following mlscellllrleou, provillions are I part of thlll Mortgege: Amendm.ntl. Whet Is written in this Mortgag. end in the Relsted Doc:umentl is GreOlar's entire agreement with Lender concerning the mattllrs coversd by this Mortgage, To bll effllctlve, any change or amendment to thi, Mongllge mUlt be in writing end mUlt be signed by whoeve/will be bound orobligsted by the change or amendmllnt. Ceptlon H'ldlng.. CaptJon headings In this Mortgago are lor convenience purposes only and are not ~o be used to Jnterpret or define tha provislona of this Mortgage. GovernIng llw. Thl. Mortgag. wlll be governed by and Int.rpr.ted In accordance wIth federal lew end the lewa of the Commonwealth of P.nn,ylvllnla. Thla Mortgag. hll been eccepted by L.nder In th. Commonweeflh of Penn.ylvenil. No Wllvar by land,,'. Grantor understands Lender will I10t give up any of Lender's rights under this Mortgage unless lender does to In writing. The fac:t thst londer delays or omits to exercise sny/ight will not mean thst lender hes given up thlltrlght. If lender does agree in Writing to give up one of Lender's rights, thet doas not mesn Grentor will not heve to comply with the other provisione of thl, Mortgage. Grantor also underst.nds Ihat If lender dOllS consent to a request, that does not mean that Grantor wi!1 not hsve to get lender', conaent again If the eltu.tlon happens egaln. Gr8l'l10r further understandaln.tJuS! becausslenderconsenta to one ar more of Grentor'a r'quests, that does not mean lender will ,be required to consent to any of Grantor's future requosts. Grantor wllives ,,"sentment, d.mand for paymant, protsllt. and notica of d,s honor. S....lrablllty. If a cOUlt find. that eny provision of this Mortgage Is not valid or should not be anfor oed, Ihet fact bvitselfwil!natmeenthat Ihe rest of th!s Morlgage will nOI be villJd or enforClld. Therofore, a court will enforce the rest of the provisions of this Mortglloeevsnlfa prOVision of this Mortgage mllY bo found to beinvslid or unenforce able. ~.rger. Thereahali be no merger of tha inters.t or eststll created by this MO(tgllgll with any olher interest or estate in the PrOperly et sny time held byor for the bllnefn of lendor in enycapacity, without the written consent of lender. Succellor 'nternts. The terms of this Mortgaga shell be binding upon Grantor, and upon Grantor's hairs, peraonlll repreSllnlatives, succ.ssorS,sndassignll,andshsl)beenforceablllbyLenderllndltssucca..orSllndallslgns. Tim. I. of the EII.nce. Time is of the essence in thll performance of this Mortgage. DEFINITIONS. The following words shell have the following meanings when used In this Mortgage: Borrower. The word "Borrower" means John T. Baum, and 011 other peraons and entities signing the Note. Envlronm.ntal L.w.. The words "Environm.ntel Laws" maan any and all stste, federel and local statutes, regulallona and ordlnences relating to the prolectlon, of humen heallh or the enVironment, Including without IImitallon Ihe Comprahen.lve Environmental Response Compenution, IInd Llabilny Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERClA"), the Superfund Amllndm.nls end AeaUlhoriz6tlOn Act of 1986, Pub. l. No. 99.499 ("SARA"!, the Hszsrdous MaterialS Transportation ACI, 49 U.S.C. Secllon 1801, lit soq., tha Resource Conservation end Recovary Act, 42 U.S.C. Section 6901, III seQ.. or other applicable state or federal laws, rules, or regulations adopted pursuanl thereto. Event of Defaolt. Tha words "Event of Default" mean eny of the eVllnts 01 default set forlh In this Mortgage In tha events of default sllction 01 this Mortgege. Grantor. The word "Grantor" meens John T. Beum. BK I 77 8 PG 3 5 0 3 l:oan No: 0303829463 MORTGAGE (Continued) Pege 6 Gu.r.nty. The word "Guaranty" mean~ the guaranty from guarsntor, endor~er. aurety, or accommodation party to Lender. Including wJthoutllmitatJon II guaranW of 1111 or part of the Nole. Hatardoua SUblllncaa. The word~ "Hazardous Sllbslance~" mean mlllarleTs lhat, becaiJse of their quantity. concentration or physical. chemical or Infecllous characteristics, may cause or pose a presenl or potential hazard to human health or the environment when Improperly used. treated. stored. disposed 0/. generated, manufactlJred. transported or otl1arwise handled. The words "Hazardous Substencos" sre lllled In their very broedest sense and Include without limitation any and 811 halardou~ or toxic subsUmce~. material' or weste os defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum andpatroleum by-prodiJcts or any fraclionthereol8r1d Illlbestos. Improv.mlnt.. The word "Impr(lvements" means an existing and future Improvements. buildings. structlJres, mobile homes aflixed on the Real Property, fscilities, sddltions. replacements and other construction onthe Real Property. Ind.bt.dn.... The word -'ndebledness" means all princinal, Interest. !lnd other amOllnts. costs and expanses payable under the Note or Relllted Documents, togethllr with al! renawals 01. extensions of, modllications of. consolidetion~ of and substitutions for the Notll or Releted Documents find any amounts expended or adv&nced by lander to dischargll Granlor's obligations or expenses incurred by l.ender to .nforoe (3r&ntor'l obligltion, under this Mortgage. together wi thlnterastoneuchllmountSllSprovidedinthieMoltgllge. l.nd.r. The word "Lender" mellns Cllilens Bank of Southern Pennsylvania, its succee50rs and assigns. The words "succeuors or ulIlllns" mean.nypersonorcompanythat acquirell anylnteresl In the Note. Mort;.".. The word "Mortgage" mean~ this Mortgage between Grantor and Lender. Not.. The .....ord "Note" mlJ8ns the promissory note dllted Octobflr 9. 2002. In the original princIpal amount of $33,164.50 Irom Gtantor to lander, together with 1111 rene.....alS 01, extensions 01. modiflcallons of, refinancings 01, consolidations of, and substitutions fortf'lepromlesorynotaoragreement. P.rlonel Prop.rty. The words "Pet~onal Property" mean all equipment, fixtures, and other articles of personal property now or herealter o.....ned by Grantor, and now or herellftar 8ttach/ld or llfrixed to the Resl Property; together with all acceu!ons. p&rts,at1dadditiOtls tO,all replacementeof, and all eubstitutions lor. any or such property: end togathar wilh all proceads lincluding without limitetlon all insurance proceeds and re/unda of premlumal from any sale or olher dispositi on of the Property. Prop.rty. The word "Property" meens coUectlvelythe Real Property and the Personal Property. R.al Prop.rty. The words "Real Property" mean the reai property, interests and rights, as further described in this Mortgage. RelaC.d Document,. The words "Related Documents" mesn all promissory notes. credit agreements, loan agreements. envifonmenlal agreements, gusrantles, security agreements. mortgeges, deetls of trullt, security deeds, collateral mortgagllS, and all other instrumants, sgrellments and documents, whether now or hereelter existing, executed in conneclion with the Indebtedness. R.nt., The word "Rents" means ali present and luture rents, revenues, Income, IssueS, royaltle~, profits, and other benefits derived Illlm thePropefty, GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHAll CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, GRANTOR: X;:h~m"~d~'"'~ IS.." CERT/FICA TE OF RESIDENCE I hereby cerllfV, thst the preclae address 01 the mortgagee. Chinn. Blink ot Southern Pennsylvania. herein is as follows: Or..ne..tl', 3& N. C.rn.l. Str..t. P.O. BOil 400, Gr""o..lIe, PA 1122& ;f&.,/ ~~ Altom'"' .rAuent fOtMg'tglglll INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I I SS I COUNTY OF f r (Arl (J I '" Onthls;'<tf\e ,\Sfu deyol ()c....1-{)pc<' .20~,beIQreme .,.""11" ". .Jr I,. , the undersigned Notery PubJlo, pereonelly appesred John T. 8 ,nown to me (or setlsiactariiy pro\(etll\t..~e"1'f.>p~on whose nerne Is llubscnbed to the withIn Instrument, and acknowledged that e or she e.Ke uted the seme lor the P\ltDn'u~~.~.~(CItllf\ltd.,;~\,. r . ;S;~:~'\ II" . , '. ' l "{ ...~.'W~~<<Wh_.~~~p H...r.un1o ..t my hend and offiel.1 ..el. \ - -",,!:!.. ....' ,., "\ '_,_.,~It ~Q '/. ,....><~,O- /:.! ..", I -~~""'" I '. . . " ir ""~: " \ .,~,j ..' :- AnlrmTwp~ FrankInCOl.r1ly Notsry Pub c In and for ":~"'.;'" ..';,-:"!...,:.,. " MyCorrmlaslonEllplresDeo:.28.2005 . >. ...........,.,,1: ...~.',..,.(itf1'. MIrTtIIr.~AaacdalanOfNolalllol ii".. .v ,j 'iI' ... , .......-............,0.",..... _,........__,..~..., ,"'...... ...,__ .,. .,","......<.....",_.'" ",.,.., ..'. BK I 77 8 PG 3 5 0 4 . , '. EXHIBIT A 'ROPE~TVDESCR~ON John T. Baum, Jr. 114 Water Street Walnut Bottom, PeDIlSYlvania ALL that certain triangular shaped tract of land with improvements thereon erected situate in Souill Newton TOlf1nshlp, c"",6t,/and County, pennsylvanin, bounded ~d described in accordance with survey of Thomas A. Neff, .Registered Surveyor of the Commonwealth of Penn sylva ilia on June 20,1966, as follow.: TRACT NO.1: BEGINNING at a point (iron pin) which point is at southeastern comer ofth" tract of land hereby being conveyed and is also the northern line of a private right-of-way hereinafter referred to; thence along line ofland now or formerly ofStum, South 68 degrees 42 minutes 48 second. West, a distance of290.06 feet to a point ill the southern right-of-way line ofTnterstate 81, which point is marked by an iron pin; thence along the southern right- of-way of Interstate 81, North 44 degrees 22 minutes 48 seconds East, by a radius of7509.49 feet, having a chord of 335.38 feet, a distance of335.49 feet to a point (stake) in said right-of-way line; thence along land now or formerly of said Stum, South 14 degree. 52 minules 12 seconds East, a distance of 139.05 feet to a point (iron pin) at the southeastern comer of lot hereby conveyed to the point of beginning. CONTAINING .460 acres ofland. ALL the following described real estate lying and heme situate in South Newton TOWMhip, CUlMer/and CO/llfty, PennlJllvanltJ, bounded and described as follows: tRACT NO.2; BEGINNING at an ex.lstlng iron pin at comer of lands ofBaum and designated as Lot No.1 on a Plan ofLotll hereinafter referred to; thence by said Lot No.1. North 14 degrees 52 minutes 12 seconds West, 139.05 feet to an iron pin at the right-of-way line ofInterstale 81; thence by said right-of-way line of Interstate 81, North 41 degrees 00 minutes 59 seconds East, 149.77 reet to an iron pin at comer of Lot No. 2A on said Plan of Lots; thence by saJd Lot No. 2A, South 12 degrees 37 minutes 36 seconds East, 195.78 feet to an iron pin at lands now or formerly of Hulda R. Stum; thence by said lands now or formerly ofStum, South 68 degrees 42 minutes 48 seconds West, 125.22 feet to an existing iron pin, the place of beginning. CONTAINING 0.489 acres. BEING designated as Lot No. IA on Plan of Lots entitled "Lot Additlolls to be conveyed by Hulda R. Stum, RD., 112, ShippensbulJ, PA", dated May 2, 1979 prepared by Kissmger & Wolfe, Surveyors, approved by the South N_ Township PhulIIin& Commission on June 12, 1979 approved by the South NeWlon Township Supervisors on June 12, 1919 and recorded in Cumberland County, Pa., Plan Book 36, Page IS. THE abovl>d"scribed real estate being the same which John t. Saum and Beulah 1. Baum, his wife. by deed dated JWle 3,1994 and recorded in Cumberland County, Pa., Deed Book Volume 106, Page 653. granted and cOllveyed to John T. Baum, Jr., Mortgagor herein. I Ccrti(y this to be recodcd 111 Curnbcrland County P A f:';:-'-'''.-~~~ P-~ o Recorder of Deeds tOO'd BK I 7 7 8 P ~ ~i c:; n " \'S9LL6~L1Cr:'1'3r .Lmmv 1V.L I dV~ r!:f;{ (llldl!O ,11- '.L~O FILE No.098 03/04 '04 15:41 ID:PATRICIA BLACK ABSTRACT FAX:7173372248 PAGE 1/ 10 ~ .',", ... '. \l <j(,.(.. "" ""\'I~,,'''l.s':l\i~c;r.I.\ I THIS DEED, Act4ltB TIlt. ~ iay Dr lYnc I" U\A '1_ 0,.. ihcNSln4 Nnc twndr.d nlnet~.rQU( (1094). D1!:IWU!N JOlIN 'r. IlAlJl\4 ..d DPlL"lI L. B,,1)1\4, .~ wir.. or s"",, N'Wlon TQWllSAlP, C:~MbCrtlf.ftd eo."nt)', 'CMI)'\v1l\!l., ~"'n"ln' Cllltid a""Eon. ANI) JOUN T. D4l.1M, J:1l., 01 SCI\,ah NcMClI\ TQ..,aillJp, Cwmlk.rl&l'l4 C04IJHy. PlnAS)'IY&IllI.I...m.R.. call.c4 GrIne.... wr.rNB.tf8TH, elQ& ill conAi4crllio" of Ihl Il.Im c.f Or.c lAd AQltOQ ($1,00) Dgllllf, ,!I_ feclipt wlwltcol'\& heINtI)' adcAO~ltdacQ. lilt Ai4 OrlmOf' dQ horllb)' ltah' an4 ~ClllV.y ur"OI})e; Slid Cratl.h",.)oJ. bcirt and l\SialU 1'RACl""'U ') AI-I.. thll con&ill lr.....r sNp.:d \.I", Qi 1.1\4 ""'db II--. 6m;w'twcmeAt. lhC1"OA 1'(I~.cI Il:tI.IlJ~ ii' b~lIth NewtQIt TDWJJJ4\il), C~mIt~.1\CI CQlIAly, l'SIW)'Ivr.ni., bClwn4cd and deacriltcd In. &tI:ClrdlnCo~ with lNM:y ~. by ThQIftlS A. NtCr. l\.aainctltd Sl4lV~r of ~mmol\'\ItClII~ Dr JltM&y\Vf.llil '1I\JoIn120. 1S166,.. fo1IQ\lwI\ VJfCINNINQ If . ,ow. ("- ~) ~Qa polm Ls t1 Rl.Ithc&l~cm tot,.. or UI~ lrltt. at JM4 l\<<ct~ hi.,. convqc4 and i& 11$0 iI\ 'M ngr'" n~ at & Pl\\f"'. ripc ar WII)' hctdnalkr ,.totta4 UI; U'-.:l_ &to", Ih\C .tlflltd Qf~h. &aid LoYis &. St\m\ Il.l\4 w\tI. Gr.ftC'Qn.lMreiJ\~ SOlolUl 68 dt.I'M' '42 m1m.l~ 411C1Ol\Cb Wca. I cU.~.. ot:lto.06 eN( la . poiM in II.. ao\nl~ riahl of W&)' UrIO of %lV&nu,I'lo"u: No. 11. ""n;,,, poittc II mar", b)' ." lreA pjA~ lh.cncG Ilans: the ~~ rilbt Clt' WI)' rIM d laW ~I<<tt,ulllout. No. 11. NOI"IIl .. 4tQ.m1 n QiMJIU ~. "'CODG.I.&1I, 'Dy a. RdJuot,sot,"" ''MI. Uov"'i' dlord or1)5.)I leu. ..din,nl:s gfl1S.<C9 r. I. . p.", <-l 'n ..Id rl~ Or"'1 li<l< Ib..... &I.n. I.... .r Ill. .al4 l.4uia E. Slurn ... wire. SOIllh 14 dear... 52 rnlMlI.. t~ _lib EUl. . .i....... or l)~.~l r... .. . !"linl (..... .in) .. ilWli 5(HllhNUot1l co,....,. Qtl~ bercboJ IlGn~ 10 d. pgiUl .nd Pille&' ~ralOrN'NlNa. roo. 100 '.n llSS I EXHIBIT f3 . ..---....'.....~.- .---..' ,. , ~_.<--"_._- FILE No.098 03/04 '04 15:41 ID:PATRICIA BLACK ABSTRACT FAX:7173372248 PAGE 2/ 10 ~, CONTAJNIIIG ,do....,,, .'""",, . D8ING I~C !I&mO prcftCt':1 wfl'UI LDI,li. B. Savm .~ ~I. R. Scum. (Ii' \6Iir,. ....nIOCQ Rmf QCIlI~c:d to JQIM Y. ~'" Pc! 13.~'jlh L 8.","" hill _lrG', Oral1lOf'J' n~"in.' iY rhelr AI:~ 4Mod ~~Dr U. 1968 and. rtlCOrdl!:l$ Al lb. Omc. P(lll.llKordf.t "ro.da (or o,,"ber'.lIa CCKll'IlY' In DNd Bock "P", Volume U. .P.....: 116. rOCETNZR wflb.. riill or WIly c. Did Qt.,,,,,, dlci, hcJI'I tnll UJ4Ins. Ibr il'l".. 'ar'" 0114 r......., I. ... (r.m Lqillootv. 110.10 N.. ZIQJ' I. tho I.,d h<<tin ....~t4 ,. an._. llid ri,h. of,",y" be S ,....In w1d'b..IlI...... iO...,Itl.I"",lWtf III< 10M ."h. Grwof'l h.rtin lAd If "bo...." ,on !:U'rwr mid. by TbamM 4. Wctr on JIIM 1D. 1~64. rRAC'1' Nfl ~.. I"tU rhe fo\lowinl ~ bc4 MI .'lIlP 1)'Nt' IUI4 haft&' Ilhlllt. in South ".h:wtg" T..-..J.i,. C"..bor,...4 C..ney, P.n~l...nl., ....n41l1... .....,;bc4 OJ f.>>.....' 1JEG11JNlNO &c .1\ cxiltthtl iron pin ., c:cm<< .l,.,.a. tW ~crM T. anum arull:lC'l.IIlh 1.# ~Mlrtl. N' u,it. IDd Qt:51JMIICrIIJ ~ol 2 _ 'he: Pl,uIoft..DfJ ....ciltln.. fCfl:tt04 WI; rhcNc by ..i4 "Loll, Nan.. 14 dcatccS ,n ""ltN'l~ 12 IClCCIIncr- '91...1 U'.OJ (Cella In iro" pin It ~n. ri8h~ Df VI~y line o/l'U....IIU. 11; r!Y:nc. ))' Ilid ",hE at 1&01) or r"IC'U." .,. Non" ..7 dC'".... CD rrUnlltlrl ~9 alfOnd. hA ''''',77 n.., 10 an lralt pin .. NmC:r of ~~ 2,-\ DI\ Mid ,,," or LotI; Iii"''' b. llid!.,., :M, S""U, 12 d~"... J7 ..Inu," 36 _...., m.7' f.tllO ..It.. pin " .l/Ier 111I>I. erli.I..ll 5,"..: II","I~ by '~d 01"'" Ind. of Hukl.ll SIIIm. S..d, 6. d."... 42 ""'IMCllI.'I'~"d. Wnt 125,.2.2 ItA" to &II '....111".1 lrail pil1. ,"" ll'Mcc gCJSOtftol1'JlNO. CONTAIN/fOG O.4'~ ..... and boi.. 1.01 I A.n. P~. tfLo" ..,i,Iod 'Lot Addid_,. b. ..~d.y H.ld.< It. S.....1l D, r.I, $.1',....111, M.'. ...,.., MIf 2. 1179. p"P....., JCbairlset,!i WaIte. su:rw:yorl. .p~'01l"Cd b)" .hc 5Dijm N4I\IICan ToWft$hlp P1inning CotrrmiJti.,,, On JI,I"C J2. 191'. appro,," by Iho $()Iub NewlOn T9WftWP $upmiaor:ll 0" lune: 12, 197' .,,4 ,........ i.lI.. Sook 36. pa.. U. 6EfNG .1Ie ..... P"~ ...~.h !i.ld. R. II.m, i1f..... .... ....,...1,. 1.... T, ...... and' Bcula" L,a:euM. hi. \Io'1IC. Gtvtlott b".".lly JJ" du4 d41lcd 1UM IS. l~1t.cuI rlCOfde.4;f! tbe OIfi" atQtClllid In.DMd 'ook ..C.~. V~IIMI. 2', P1ll8' 119. TO<;J;TNE/l. wn:b 111& ri,he C1rlnl,eu. ._lIrM1 '...._ ~r" ,,...,.11,. c;:t;lJi,., rtwhl or Wf'J IpprQliIimlU.ely J$ (RJ i~ wid~,INdIt1. helm .r..e.lI!1&i\ft~r. 2'03' Co 'he .bo\l. d-.:nw prD(NIIlY. 1001 106 riel 6~ -'" .~ ...... .~--_.,~~'~~.. FILE No.098 03/04 '04 15:41 ID:PATRICIA BLACK ABSTRACT FAX:7173372248 PAGE 3/ 10 ........ Tl'lb ;.,n\ft;yaIlC.lI. "l:Il)-l'~ Tft.n'fct ftom p4'r..u! ro $01\. AND dw jii4 Grlm.r. Iwl'tt-r ~tt.nl .. Aat" 11Ult IhCl) wiU ......r,.'" a,nerally Ihe. pro!""y hml.Y ""nv'loA. IN JII1TNe.s.l WI.fUEOJt,;.ai4 Gf"W.OIf hive IW;l~D.Io SIll Ill.' Nft4a "'lid leal, tbc dl,. moNh and )"tar GrAt Po\l' ",tincn $lIM(t. $..Jc,r"IfII lWIf,W~ J~Il/'AJ.,..,n.. 0,/ ~,' (u (j ,Q... ') <J.3.,. - IS&UJ ~OIlNT.IJ"'UM ' .I,,, ~ wlf'tf,,, _. (~EAI.) nlJLAR~DAVM ... ". -" ~ :,u... ~ w"'. '''ii,' ~ I~; .... ~.~ .., ~:;J:\I 51 ('f ..~ I'. rOo;; '" - lr.r; ....,...\lI ~ ..,,~ .;, '" .. (Olll 106 r.~r 6S5 , FILE No.098 03/04 '04 15:41 ID:PATRICIA BLACK ABSTRACT FAX:7173372248 PAGE 4/ 10 COMMONWE4LTH 01' /'E/'INJ I1.Y-iNLi, "" COUNTY OF C'IIMOI/!IUANlJ O. ,h;L lho ..5.- di~ or Ju... I~', Ioc/'GnI ... tho u/l4"'is'"" om.." ~",",lIy 'pp'ortd JOlilN T.!lA.lIM .n' nevus t.lJAIlM. hi' wrr.. k...... 10 me (0' ..ti.li"oril~ pt'OVert) (0 bE: this pttlOrll 'lII"'''' nCINI u, NbtuI).Id to lOll -,;ilhln mill. 'I" _Icdsed ,." ,h~ ......led .""./lIt ClIo "'....... ,..... ...,ol.od. . 1'" IVITN1!JS II'III!MOF. I I........", .., my lIIlld..d..... I .....=t:'.._ I 1lI~=='\1.'\'&. .~~~".......... n{ -5. i .:A ""T"t)>.wr (. NotO~;'bI/I. r d~ ~ ""It)< Ill,! 1.h.. ,r__ RlIid...... 1M ao~ poll: aaico 1ld4,.", or ~h4!J w;I.i. """'" 0..",.. it //</ 4..~,-.s~ or t<bJ~u..r ~j....jll' /%2.G.c... lu...:L., 1994 '~lf'l'cp... /.Ius' u~_t AttMfNII_,a,.1IIU tl C""""ONIfE,tLTH 01' "ElVNS1'!.Y~, 1m COr/NT!' 01' CUMBERLAND A/ICOIlllUl..Illi. 7ih-d~1t' ...... ~1\.l).I"~,i.'IloP..""u... olli<< ",hc lAid eo..ol)', i. o.od 11,010. VoIum..:=... )'I~ . Cii\lt:l'l ~er my h-.nd .~ ... ~tthc SlicJ Cl' Ie. t),1'.l clale .~\I' ~tillcn. ~,oJ/~~ Auutl_, l1Ch'lN, lRIIIfH.. UOXrll0UT A TTOR/{SfS illl t06 /lei 656 .. '"~.. ",-. Citizens Bank of Southern Pennsylvania LJ CGl""'."l",,,, . ..'"" ,I " ~ I;J 1,) , ".' il: U Date: November 18,2003 CERTIFIED MAIL: 700016700012 13959009 itll"I.~['II[1l TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COl.JNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when yOU meet with the Counseling Agency. The name, address, and 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 lMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICAClON OBTENGA UNA TRADUCCION lMMEDIA T AMENTE LLAMANDA EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDIMlR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: John T. Baum 114 Water Street; Walnut Bottom. PA 17266 LOAN ACCT. NO.: 303629463 ORIGINAL LENDER: Citizens National Bank of Southern Pennsylvania CURRENT LENDER/SERVICER: Citizens Bank of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCL FORECLOSURE AND HELP YOU MAKE j EXHIBIT , f CAN SAVE YOUR HOME FROM 'A YMENTS. Rev. 7.26.2000 ~ 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 DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desi!(l1ated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y 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, 7.26-2000 Pennsylvania Act 91 Letter - Form LC19 , , HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEF AUL T - The Mortgage debt held by the above lender on your property located at: 114 Water Street; Walnut Bottom, PA 17266 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: September 15,2003 through November 15,2003 Principal Amount Due: Interest Amount Due: Escrow Amount Due: Late Charges: $ 1,685.54 $ 251.29 $ 0.00 $ 387.36 I TOTAL AMOUNT PAST DUE: 1$2,324.19 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS (N/A) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Citizens Bank of Pennsylvania C/o SBI Loan Center P.O. Box 639 MaugansviJIe, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its 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. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers 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, iflegal 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 (30) DAY period. you will not be required to pay attornev'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. 7.26-2000 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 (30) 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 paying 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 any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a 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 Sheriff's 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: Citizens Bank of Pennsylvania Address: C/o SBI Loan Center, P.O Box 639, Maugansville, MD 21767-0639 Telephone Number: 888-722-7270 Ext. 8122 Fax Number: Contact Person: 240-313-1563 rYuI Irtr~t 441h-,1- \Tr-:F \ Na~cy Hahn(Ja1 Coordinator EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 Sheriff's 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 DEF AUL T. (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 DEF AUL T 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. 7.26.2000 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 9101' 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number 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 I) If the delinquency cannot be resolved within the 30 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 30 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. 7.26.2000 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, P A 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 Return H"ee,;:,r Fee (EndorSell1enr Rer;"deO) I f-- ReSlric\(,c1 [".IlV"" r:..'if' IE'ldQrS"'m,_'nr-f1"'~:I1"'dl '-----------., TotaJP05Iage&Fet/S, S ___:-~:':-,_ " . l;::;;~4::-0- :)"o~:-_/l- -OC-~~-~l obi, Staie, _'P ~ .-. ----'1 tl,.'I.~fll.clll'II.",h~''''Ilflllf :t:f<ll:foI'~~"''l:.lt.I.I'loIll..rflll'lll.~ . , ~. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY Be USED FOR DOMESTIC AND INTERNATIDNAl MAil, DOES NOT ..fROVIDF r::OR INSURANCE_POSTMASTER -r-, R,' Citizens Bank 11;1 M C/o SBr Loan Center / jf :~ P.O. Box 639 jL)" Maugansville, MD 21767 --- MD-LNS(CoIIlRecov 56) ~~~i"tt~~~;~~~,;~~'~~\~~~~~(~~~~'~ 7/ I I ..//' -' One piece ofordir1ary mail addres$l:l(i to PS Form 3817. January 2001 IT" <:1 <:1 IT" OJ) . .. ."'. .'_ ...... a- :'~~~f;~;I~~~[+~~~~;~:~: r'l c::J c::J ro';st.lge l~ r~,;i D. ~J..!\I S '(-'0 2,?Q' ____Z',,_., f, I CerT,~;",d "P(' ....""G:;.J}1t:lrl\ '. , "'\" ., I I , '.' c::J 1'- ...Ll .-'l <:1 c::J c::J 1'- ~ ~ "& ~d3!~~~)~' ""-s ..,~ ~':: ..:.~ ~ ~'ll ~Ji'~~\' I" III Ii .~ l\~ '.........."...... "11-"- ~~~ em; i~:~~~~f;;;.,f~~;~J2=,:;~.2;; ",....,..,..~,4:..,';>;p'""~....,-,<.'tl;"f!- MAR-01-2004 MON 12:10 PM S8r LOAN CENTER SUPPORT "'G5 Postal Servioe 2/27/2004 16:21 PAGE FAX NO, 2403131563 1/1 RilhtFa.x p, 02/02 ~ UNITED STl1TES U POSTJJL SERVICE.v Date: 02/27/2004 Fax Transmission To: MELISSA FOREMAN Fax Number: 240-313-1563 Dear MELISSA FOREMAN: The following is in response to your 0212712004 request for delivery information on your Certified Item number 70001670001213959009. The delivery record shows that this item was delivered on 11/2112003 at 10:58 AM in WALNUT BOTTOM, PA 17266. There is no delivery signature on file for this Item. Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please take this receipt to your local Post Office or postal representative. Sincerely. United States Postal Service .,.-..,. D -.'.. - .l:)tlt.4-rY\ Ja h(1 \ ~ (:J ~ f(;) 1 ~ ~ C> ~ 12 ~ r-,_"l p:! ~r-- ~ ~._~ -. --.. , . , ., ~ $ ".. (- ) , , r.: SHERIFF'S RETURN - REGULAR CASE NO: 2004-01207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF SOUTHERN PA VS BAUM JOHN T AKA JOHN T BAUM JR 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 BAUM JOHN T AKA JOHN T BAUM JR the DEFENDANT , at 1135:00 HOURS, on the 24th day of March 2004 at 114 WATER STREET WALNUT BOTTOM, PA 17266 by handing to JOHN BAUM a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 r~~ R. Thomas Kline 03/25/2004 KORNFIELD & Sworn and Subscribed to before By: me thi s aI{, "::.. day of ~ .J..t"V'f A.D. C) Q ~ ~~othonota;Y'~ , CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Enter judgment in mortgage foreclosure in the monetary sum of $33,960.31 together with costs and interest at the contract rate after judgment in the above-captioned matter in favor of Plaintiff and against Defendant by default for failing to plead within the required time to the complaint which was endorsed with the proper notice to plead. By Date: April 27, 2004 CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term AFFIDA vrT OF SERVICE I hereby certifY that pursuant to Rule 23 7.1 of Pennsylvania R.C.P., I have given the requisite notice of entry of default judgment of ten days and that the filing of a praecipe for a default judgment is offered to the Prothonotary more than ten days after the mailing of the aforesaid notice to Defendant in the above-captioned matter. I verifY that the statements made in this Affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. KO~:ELD \A~D BENCHOFF, LLP By @ft~r Donald 1. ornfield Attorney for Plaintiff . '~ Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 "'if it CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term TO: DATE: John T. Baum a/kIa John T. Baum, Jr. April 14, 2004 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 DA YS FROM THE DA TE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 800/990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LA W FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP By Donald L. Kornfield Attorney for Plaintiff ,/-:~---------- ~c t J<;:j ~ ~ l+- (). F C>- o ....., - --- = ~ -- -u ~~. <=> & Vv -"'"" ;P. ~:JJ l V"l r 1) B :;;0 r:: ~ N :B~ -F r;: ~- . OJ gJ - ~ -0 --I'" -;. ----;1 J " , :2' ~-4[":; ~::, (_~J {'_)rn -'~. S~ ~ ::::., J..-..... :2 (,.) ~ 0' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 . .ci ti~en.s.. .Bank.. ox... So.u t he.r.n......... \ Pennsylvania Plaintiff #04-1207 Civil Term No. ........................................ ................................................................... vs John T. Baum a/k/a . Jo'hn"'f~'" B'a'iin!;'" J r.:..................... ....... Defendant PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To: Prothonotary Issue writ of execution in the above matter: Amount Due $...ni.~f?9...}.L Interest from 4/28/04-9/8/04 $.........65.3.~03.. and Costs. Note: Please furnish description of Property. P 18 r.J ~ I ~ "FJ0 ~\ ~ ...... r "- ...... !o "" ..... -..c: [ ~ ~. + kf ~ ~( ./Q ...... ~ ~ - <.v "- ..fq ..0 1v -:-0 ...)- ~ . -- . ~ 0 -- v, 0 CI? (l- e c C- o- C 0 C 0- o. I l I '" l <':..~) f- fJ' -J <".J ~ ,L- - . ~ :; 0 , .., .. P- . ~ ~ . -: - .. ~ - -f".' . - ~ -. - .... .., - - ""'.l - r'-.: . , ~ -. - (;.;,.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF SOUTHERN PENNSYLVANIA, NO 04-1207 Civil CIVIL ACTION - LAW Plaintiff (s) From JOHN T. BAUM AfKJA JOHN T. BAUM, JR. (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) tbe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $33,960.31 Interest FROM 41281094 - 918104 - $653.03 L.L. $.50 Atty's Comm % Atty Paid $119.66 Plaintiff Paid Date: MAY 18, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonot~ ~By: A;A t1~ q, -P. '7f~ Deputy REQUESTING PARTY: Name DONALD L. KORNFIELD, ESQUIRE Address: 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 Attorney for: PLAINTIFF Telephone: 717-762-8222 Supreme Court ID No. 19242 CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term AFFIDAVIT OF RESIDENCE I, Donald L. Kornfield, Esq., hereby certify that the precise address of Defendant in the above-captioned matter is 114 Water Street, Walnut Bottom, PA 17266-9616. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subjectto the penalties of18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. p ( .\) ~ C:; CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term AFFlDA VIT PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in South Newton Township, Cumberland County, Pennsylvania, described in Cumberland County Deed Book Volume 106, Page 653, a copy of which is attached hereto. 1. Name and address ofOwner(s) or Reputed Owner(s): John T. Baum a/k/a John T. Baum, Jr. 114 Water Street Walnut Bottom, P A 17266-9616 2. Name and address of Defendant(s) in the Judgment: John T. Baum a/k/a John T. Baum, Jr. 114 Water Street Walnut Bottom, P A 17266-9616 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: BELCO Community Credit Union 403 North Second Street Harrisburg, PA 17108 Citizens Bank of Southern Pennsylvania 35 North Carlisle Street Greencastle, P A 17225 4. Name and address ofthe last recorded holder of every mortgage of record: Citizens Bank of Southern Pennsylvania 35 North Carlisle Street Greencastle, PAl 7225 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which might be affected by this sale. n/a 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. Section 4904 relating to unsworn falsification to authorities. KORNFIELD AND BENCH B~ L rnfi,1d Attorney for Plaintiff C:J c r._.J " <;.-.;> :':'i; --.r '-.. . CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. Plaintiff VB. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: John T. Baum a/k/a John T. Baum, Jr. Your house (real estate) at 114 Water Street, Walnut Bottom, Pennsylvania is scheduled to be sold at Sheriffs Sale on September 8, 2004, at 10:00 a.m. at: Cumberland County Courthouse County Commissioner's Conference Room One Courthouse Square Carlisle, PA 17013 to enforce the court judgment of mortgage foreclosure obtained by Citizens Bank of Southern Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Kornfield at 717/762-8222. 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. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Donald L. Kornfield at 717/762-8222. 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 Donald L. Kornfield at 717/762-8222. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have a 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 ofthe money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the 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 filing ofthe proposed schedule. 7. You may also have other rights and defenses or ways of getting your property 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, 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 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 800/990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP " ---{ c) w .. Citizens Bank of Southern Pennsylvania VS John T. Baum a/k/a John T. Baum Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1207 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states tha on June 25, 2004 at 4:07 o'clock PM, he served a true copy of the within Real Estate it, Notice of Sheriffs Sale and Description, in the above entitled action, upon the withi named defendant, to wit: John T. Baum a/k/a John T. Baum, Jr., by making known John Baum, personally, at 114 Water Street, Walnut Bottom, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said t e and correct copy ofthe same. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states tha on July 14,2004 at 1:41 o'clock P.M., he posted a true copy of the within Real Estate rit, Notice, Poster and Description, in the above entitled action, upon the property of Jo T. Baum a/k/a John T. Baum, Jr. located at 114 Water Street, Walnut Bottom, Pennsyl 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 ofthe pendency of the action to the within nam d defendant, to wit: John T. Baum a/k/a John T. Baum, Jr., by regular mail to his last known address of 114 Water St., Walnut Bottom, P A 17266. This letter was mailed under the date of July 13,2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kornfield. Sheriff's Costs: Docketing 30.00 Poundage 19.02 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1. 00 Mileage 20.02 ,. Levy Surcharge Law Journal Patriot News Share of Bills 15.00 30.00 330.50 463.27 30.49 $969.80 Sworn and subscribed to before me This (" t: day of V-u-e ~A.-o I 2004, A.D. '--1':1(.0- 0 f1.ufuu r honotary So Answers: r~~~< ~ _R. Thomas Kline Sheriff ~7 / BY Real Estate eputy \:51) CJz ,0;).;J..., Rw. j!{S0:10 ~ CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PL AS OF THE 9TH JUDICIAL DISTRICT PA. Plaintiff va. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term AFFIDA VII PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe filr \1 e writ of execution was filed the following information concerning the real property located in Sout Newton Township, Cumberland County, Pennsylvania, described in Cumberland County Deed Bool Volume 106, Page 653, a copy of which is attached hereto. 1. Name and address ofOwner(s) or Reputed Owner(s): John 1. Baum aJk/a John T. Baum. Jr. 114 Water Street Walnut Bottom, PA 17266-9616 2. Name and address of Defendant(s) in the Judgment: John T. Baum a/k/a John T. Baum. Jr. 114 Water Street Walnut Bottom, P A 17266-9616 3. Name and last known address of every judgment creditor whosejudgment is record lien on the real property to be sold: BELCO Community Credit Union 403 North Second Street Harrisburg, PA 17108 Citizens Bank of Southern Pennsylvania 35 North Carlisle Street Greeneastle, P A 17225 4. Name and address of the last recorded holder of every mortgage of record: Citizens Bank of Southern Pennsylvania 35 North Carlisle Street Greencastle. PAl 7225 5. Name and address of cvery other person who has any record lien on the roperty: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 6. Name and address of every other person who has any record interest in Ih property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the PlaintilT has knowl dge who has any interest in the property which might be affected by this sale nJa I verifY that the statements made in this Affidavit are true and correct to the b st of my personal knowledge or information and belief I understand that false statements herein re made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn [zt!silication 10 aL thorities, " r LLP~ ) n\) f~ I ! ,/ CITIZENS BANK OF SOUTHERN PENNSYLVANIA IN THE COURT OF COMMON PL AS OF THE 9TH JUDICIAL DISTRICT PAc Plaintiff vs. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW JOHN T. BAUM a/k/a JOHN T. BAUM, JR. Defendant #04-1207 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: John 1. Baum alk/a John 1. Baum, .Jr. Your house (real estate) at 114 Water Street, Walnut Bottom. Pennsylvania is sch duled to be sold at Sheriffs Sale on September 8,2004, at 10:00 a.m. at: Cumberland County Courthouse County Commissioner's Conference Room One Courthouse Square Carlisle, P A 17013 to enforce the court judgment of mortgage foreclosure obtained by Citizens Bank of S uthern Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIilS SHERIFFS SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to the mortgagee the back payme s, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, y u may call: Donald L. Kornfield at 717/762-8222. 2. You may be able to stop the sale by filing a petition asking the Court to strike c . open the judgment, ifthejudgment was improperly entered. You may also ask the Court to postpc 1e 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 C 1ance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA YE en HER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bi de,. You may find out the price bid by calling Donald L. Kornfield at 717/762-8222 2. You may be able to petition the Court to set aside the sale if" tl1e bid price was gr ss]y inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheri fT the full amount due in the sale. To find out if this has happened you may call Donald L. Kornfield at 717/762-82 4. If the amount due from the buyer is not paid to the SheriH'. you will remain he owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is id to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal pr ceedings to evict you. 6. You may be entitled to a share of the money which was paid for your ouse. A schedule of distribution of the money bid for your house will be liled by the SherifTno lat I' than 30 days after the sale, The schedule will state who will be receiving the money. The mon will be paid out in accordance with this schedule unless exceptions (reasons why the proposed di ribution is wrong) are filed with the Sheriff within ten (10) days after the fi ling of the proposed S 1edule. 7. You may also have other rights and defenses or ways of getting your prope ty back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF U DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BLOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR NG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY FFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 800/990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR A TTEM TING TO COLLECT A DEBT. ANY INFOR~M TION OBTAINED WILL BE USED FORHA l' PURPOSE. By Citizens Bank of Southern Pennsylvania vs. John T. Baum a/kfa John T. Baum, Jr. #04-1207 Civil Term PROPERTY DESCRIPTION TRACT NO.1.: ALL that certain triangular shaped tract of land with the improvements thereon erected situate in South Newton Township, Cumberland County, Pennsylvania, boun ed and described in accordance with survey made by Thomas A. Neff, Registered Surv yor of Commonwealth of Pennsylvania on June 20, 1966, with a property address of 114 Wate Street, Walnut Bottom, Pennsylvania, as follows: BEGINNING at a point (iron pin) which point is at southeastern corner of the tract oflands hereby being conveyed and is also in the northern line of a private right of way hereinafter refe ed to; thence along line of land now or formerly of Louis E. Sturn and wife South 68 degrees 42 inutes 48 seconds West, a distance 01'290.06 feet to a point in the southern right of way line ofln rstate Route No. 891, which point is marked by an iron pin; thence along the southern right of way ine of said Interstate Route No. 81, North 44 degrees 22 minutes 48 seconds East, by a radius of 7 09.49 feet, having a chord of335.38 feet, a distance of335.49 feet to a point (stake) in said right f way line; thence along land now or formerly of Louis E. Sturn and wife South 14 degrees 52 min es 12 seconds East, a distance of 139.05 feet to a point (iron pin) at the southeastern corner of lot ereby conveyed to the point and place of beginning. CONTAINING .460 acres of land. TOGETHER WITH a right of way to said Grantees, their heirs and assigns, for ingress, egre regress, to and from Legislative Route No. 21038 to the land herein conveyed to Grantees, sai of way to be 5 feet in width as the same is now laid out over the land of the Grantors herein shown on survey made by Thomas W. Neff on June 2, 1966. TRACT NO.2: ALL the following described real estate, lying and being situate in South Ne on Township. Cumberland County, Pennsylvania, with a property address of 114 Water Street, W lnut Bottom, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin at corner oflands now or formerly of John T. Baum and Be lah L. Baum, his wife, and designated at Lot 1 on the plan oflots hereinafter referred to; thence with aid Lot 1, North 14 degrees 52 minutes 12 seconds West 139.05 feet to an iron pin at the right of ay line ofInterstate 81; thence by said right of way oflnterstate 81, North 47 degrees 00 minute 59 seconds East 149.77 feet to an iron pin at corner of Lot 2A on said plan oflots; thence by said ot 2A, South 12 degrees 37 minutes 36 seconds East 195.78 feet to an iron pin at other lands no or formerly of Hulda R. Sturn; thence by said other lands now or formerly of Hulda R. Stum, Sout 68 degrees 42 minutes 48 seconds West 125.22 feet to an existing iron pin, the place of beginni g. CONTAINING 0.489 acres and BEING Lot lA on a plan of lots entitled "Lot Additions to be conveyed by Hulda R. Sturn, R.D.#2, Shippensburg, PA", dated May 2, 1979, prepared by Kissin er & Wolfe, Surveyors, approved by the South Newton Township Planning Commission on June 2, 1979, approved by the South Newton Township Supervisors on June 12, 1979, and recorded in P n Book 36, Page 15. TOGETHER with the right of ingress, egress and regress over a presently existing rig t of way approximately 15 feet in width, leading from Legislative Route 21038 to the above scribed property. BEING the same real estate which John T. Baum and Beulah L. Baum conveyed to John . Baum, Jr. by deed dated June 3,1994, and recorded in Cumberland County Deed Book Volume 1 6, Page 653. WRIT OF EXECUTION and10r ATTACHMENT COMMONWEALTH OF PENNSYL V AN1A) COUNTY OF CUMBERLAND) NO 04-1207 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF SOUTHERN PENNSYL V lA, Plaintiff (5) From JOHN T. BAUM AJKJA JOHN T. BAUM, JR. (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 fr m paying any debt to or for the account of the defendant (s) and from delivering any property oftlie defen ant (5) 0< otherwise disposing thereof; (3) Ifproperty of the defendam(s) not levied upon an subject to attachment is found in the possession of anyone othe< than a named garnishee, you are directed to notify hirnlher that he/she has been added a a garnishee and is enjoined as above stated, Amount Due $33,960.31 Interest FROM 41281094 - 918104 - $653.03 LL $.50 Atty's Comm % Atty Paid $119.66 PlaintitTPaid Date: MAY 18, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonota ~. (Seal) By: Deputy REQUESTING PARTY: Name DONALD L. KORNFIELD, ESQUIRE Address: 17 NORTH CHURCH STREET W A YNESBORO, P A 17268 Attorney for: PLAINTIFF Telephone: 717-762-8222 Supreme Court ID No. 19242 Real Estate Sale #31 On June 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, P A Known and numbered as 114 Water Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 By: ,J riA Lj~ Real Estatg Deputy ("""') CViJ CVll = Gi) u;;;:u ,"[\,,',:" -1 ':"l ~l3d .; i hr), IU 110 Z S\1U\I !.if', ~jIUJ!"; i'. :1..' \ I; \~) .i :)~ .J.:IO REAL ESTATE SALE NO. 31 Writ No. 2004-1207 Civil Citizens Bank of Southern Pennsylvania vs. John T. Baum. a/k/a John T. Saum. Jr. Atty.: Donald Komfield PROPERTY DESCRiPTION TRACT NO. I.: ALL that certain triangular shaped tract of land with the improvements thereon erected situate in South Newton Township, Cumberland County, Pennsylvania. bounded and descr1bed in accor- dance with survey made by Thomas A. Neff, Registered Surveyor of Com- monwealth of Pennsylvania on June 20. 1966. with a property address of 114 Water Street. Walnut Bottom, Pennsylvania. as follows: BEGINNING at a point (iron pin) which point is at southeastern COT- ner of the tract of lands hereby be- ing conveyed and is also in the northern line of a private right of way hereinafter referred to: thence seconds West 139.05 feet to an iron pin at the right of way line ofInter- state 81; thence by said right of way of Interstate 81. North 47 degrees 00 minutes 59 seconds East 149.77 feet to an iron pin at comer of Lot 2A on said plan of lots; thence by said Lot 2A, South 12 degrees 37 minutes 36 seconds East 195.78 feet to an iron pin at other lands now or formerly of Hulda R. Sturn; thence by said other lands now or formerly of Hulda R Sturn. South 68 degrees 42 minutes 48 seconds West 125.22 feet to an existing iron pin. the place of beginning. CON- TAINING 0.489 acres and BEING Lot lA on a plan of lots entitled "Lot Additions to be conveyed by Hulda R. Sturn. R.D. #2. Shippensburg. PA", dated May 2. 1979, prepared by Kissinger & Wolfe. Surveyors. approved by the South Newton Township Planning Commission on June 12. 1979, approved by the South Newton Township Supervi- sors on June 12, 1979. and re- corded in Plan Book 36, Page 15. TOGETHER with the right of in- gress. egress and regress over a presently existing right of way ap. proximately 15 feet in width. lead- ing from Legislative Route 21038 to the above described property. BEING the same real estate which John T. Baum and Beulah L. Saum conveyed to John T. Baum, Jr. by deed dated June 3, 1994, ~nd recorded 1n Cumberland County ":ed Book Volume 106. Page 653. -~ mCf NO.2: ALL thefollowing described real estate, lying 8Ild being situate in South Newton Townsbip, Cumberl8lld' County, Pennsylvaniit, With a property address of 114 Water Street" Walnut€ottom, Pennsylvania, bounded 8Ild described as follows: BEGINNIN,G at 8Il existing iron pin at corner of 18Ildsnowor formerly of John T. Baom 8Ild Beulah L. Bawn, his wife, and designated at Lot I on ~ Plan of Lots hereinafter referred to: tbencewith said Lot I, North 14 degrees 52 minutes 12 secorids West 139.05 feet to an iron pin at the right-of-way line of lnteIstate 81; thence by said right-of.way of Interstate 81, 'North 47 degrees 00 tnin11les 59 seconds East 149.17 feet to an iron pin at corner of Lot 2A on said plan of lots; thence by said Lot2A, South 12 degrees 37 minutes 36 secoitdsEastl95. 78 feet to an iron pin ,at other lands now or formerly of Holda R. Stnm; theuce by said othet lands noli' or formerly of Hnlda R. Sturn, South 68 degrees 42min.utes 48 seconds West 125.22 feet to an existing iron pin, the place oLBEGINNING. CON1'AlNlNG 0.489 acres and BEING Lot IA Ona plan of lots entided lLot Additions, to he conveyed by Holda R. Sturn, R.D. #2, Sbippenihnrg; FA,! dated May 2, 1979, prepared by ,Kissinger & Wolfe; Surveyors, approved. by, the ,South Newton Township Planning Commission on June 12, 1979. approved by the South Newloo Townsbip Supervisors on, June 12, 1979, and recorded in Plan Book 36, PagelS. TOGETHER with~"igbt of ingress,egress and regress over a presently existing right.of.way approximately 15 feet in width, leading from Legislative Route'21038 to the.ahovedescribed property. BEING the sam~ real estate whicb John T. Baom and BeulahI:. Batilllconveyed to 1000 T. Baum" Jr. by deed dated June 3, 1994, and recorded in CoritberIamJ COunty Deed Book Volome 106, Page 653. REAL ESTATE SALE No. 31 WrIt No. 2004-1207 CIvil Term CItIzens Benk of Soutbern PennsylvanIa , Va . John T.Baum alkJa John:r.llaum, Jr. Atty: Don8nlKornfleld DESCRIPTION , mCf NO.1', AU. th~ cer-lain trlangnlar 1..:;;,~I.-;;jT~~S::Uk= :; ='ait'I~:!rill~lIlI9r'~'t"'YlDia, 1j,J~~kY"tb6OiilANdf~"fIitI\~ 1!~nwOa)tllof~~6lITzt 1196;6i!l'ith a property address of 114 Water Street, ! Walnttt'llo!to!l1, Pennsylvania; as follow<, r I ,B,EGINN!NG at a point (iron pin) whicb pomtlS at southeastern corner of the tract of lands ' berebYbeing conveyed and is also in the northern ' line ora private right-of.wayhereinafter referred , to; thence along line of land now or formerly of ~uis E. Sturn and wife South, 68 degrees 42 mmutes 48 seconds West, a distance of.290.06 feet to a point in the iouthern right-of-waY line of Interst:'te Route No. 891, whicb point is ma1ked by an rron pm; thence along the southern right-of. ! way line of said Interstate Roum No. 81, North 44 degrees 22 minutes 48 seconds East, by a radius of 7509.49 feet, having a chord of 335.38 feet, . diatance of 335.49 feet to . pOint (slake) inssid right.uf.way fure; thence along land now or fonnerly of Louis Eo S~ and wife South 14 degrees 52 minutes 12 seconds East, a distance of 139.05. feet toa point (iron pin) at the so~theastern corner of lot bereby conveyed to the pomt and place of BEGINNING. CONTAINING .460 acres of/and. TOGETHER WITH a right.of-way to said Grantees, their beirs and assigns, for ingress, egress and regress, to and from Legislative Route No. 21038. to, the land betein conveyed to, Grantees, sllJdngbt-of-way to be 5 feet in width as the same is now laid oot over the land of the Grantors herein and as shown on survey made by Thomas W. Neff on June 2, 1966. . . >.