HomeMy WebLinkAbout04-1501
II
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No, 2004 - /5'01 ('~lJ~ C--r€IJ...~
Adams County National Bank,
Plaintiff
vs,
Action of Mortgage Foreclosure
Zeiglers Gulf, LLC,
Defendant
To: Zeiglers Gulf, LLC, Defendant
NOTICE
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you, You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the Plaintiff, You may lose money or property or other
rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE
ABLE TO PROVIDE YOU WITH INFORMA nON 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: 717-249-3166
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i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
No, 2004-
vs,
Action of Mortgage Foreclosure
Zeiglers Gulf, LLC
Defendant
To: Zeiglers Gulf, LLC, Defendant
A VISO
USTED HA smo DEMANDADO/A EN LA CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes piiginas, debe tomar acci6n
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A visa
radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando
en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe
anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted
puede perder dinero 0 propiedad u otros derechos importantes para usted,
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE, SI USTED NO TlENE UN ABOGADO, LLAME 0 VA Y A A LA
SIGUIENTE OFICINA, ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO,
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CALIFICAN,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone Number: 717-249-3166
II
vs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
No, 2004- ISDl (?'~'L~~
Action of Mortgage Foreclosure
Adams County National Bank,
Plaintiff
Zeiglers Gulf, LLC,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, this 't" day of Ap"'/
, 2004, comes Plaintiff, Adams
County National Bank, by its attorneys, Publ, Eastman & Thrasher, who brings this action in
mortgage foreclosure against Zeiglers Gulf, LLC, Defendant, whereof the following is a
statement:
I, Plaintiff, Adams County National Bank, is a national banking corporation
organized and existing under the laws of Congress relating to national banks, with its main
office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325,
2, Defendant, Zeiglers Gulf, LLC, is a Pennsylvania Limited Liability Company with
a registered business address of 35 Fish Hatchery Road, Shippensburg, Cumberland County,
Pennsylvania 17257.
3, Defendant is not in the military or naval service of the United States or its allies, or
otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress
of 1940, as amended,
4, On October 4, 2001, Defendant made, executed, and delivered a mortgage upon
real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the
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office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1735 at
page 2590, A copy of said mortgage is attached hereto and marked as Exhibit "A", Said
mortgage is incorporated herein by reference,
5, There has been no assignment of said mortgage,
6, The real estate subject to the mortgage is described as follows:
ALL those certain lots of ground, together with improvements thereon,
situate in West Pennsboro Township, Cumberland County, Pennsylvania,
more specifically described as follows:
BEING Lots 46, 47, 48 and 49, as shown on Plan of Lots of Big
Spring Heights Extension No, 1, recorded in Cumberland County Plan
Book 4, Page 16, Said lots are contiguous, fronting on Pennsylvania
Route No, 641 (Carlisle Road), each lot having a width of fifty (50) feet
and extending a uniform depth oftwo hundred (200) feet to a twenty (20)
foot alley as shown on the above-referenced plan of lots,
BEING the same premises which Lynn E, Zeigler and Dixie L.
Zeigler, husband and wife, by their Deed dated February 12, 1998 and
recorded February 18,1998 in the Office ofthe Recorder of Deeds of
Cumberland County in Deed Book 172, Page 241, granted and conveyed
unto Steven M, Stonebraker, single man, Grantor herein,
7, The present owner of the real estate subject to the mortgage is Defendant.
8, Said mortgage is in default because the payments of principal and interest, which
have become due and payable on December 4,2003, and on the fourth day of each month,
thereafter, remain due and unpaid, By the terms of said mortgage and at the option of
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable,
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9, By reason of the aforesaid default, the following amounts are due in accordance
with the terms of the mortgage:
(a) Balance of unpaid principal
(b) Interest from 11/5/03 to 3/25/04
(plus $25,79 per diem thereafter)
( c) Late charges to 3/25/04
(Plus $39,83 per month thereafter)
(d) Attorney's commissions
TOTAL
$188,242,68
$ 3,659,02
$ 159,32
$ 14,392,63
$206,453.65
10, The attorney's commissions set forth above are in conformity with the mortgage
documents and Pennsylvania law and will be collected in the event of a third party purchaser
at Sheriff's Sale, If the mortgage is reinstated prior to the Sheriffs Sale, reasonable
attorney's fees will be charged based upon on legal work actually performed,
II. The Combined Notice of Delinquency, which satisfies the requirements of the
Notice oflntention to Foreclose pursuant to Act 6 of 1974 (41 P.S, ~403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P,S,
~1680.40Ic), as amended, has been sent to Defendants by first-class mail, postage prepaid,
and by certified mail, return receipt requested, Copy of the Combined Notices of
Delinquency sent to Defendants are attached hereto and marked as Exhibits "B" and "C",
Said Notices are incorporated herein by reference, The Certified Mail Receipt (PS Form
3800) and Domestic Return Receipt (PS Form 3811) from the mailing of said Notices to
Defendants are attached hereto and marked as Exhibits "D" through "G", Said Receipts are
incorporated herein by reference,
12. The temporary stay provided by said Combined Notices of Delinquency has
terminated, Defendants have failed to cure the aforesaid default.
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WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
sum of$206,453,65, plus interest from March 26,2004, at a per diem of$25,79, additional
late charges, costs of suit, and other charges collectible under the terms of the mortgage; for
the foreclosure and sale of the mortgaged property; and for other relief as the Court deems
appropriate,
Respectfully submitted:
PUHL, EASTMAN & THRASHER
By:
lfd21 'qmre
Attorney ID Number 77071
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
II
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
No, 2004-SU-
vs,
Action of Mortgage Foreclosure
Zeiglers Gulf, LLC,
Defendant
VERIFICATION
TO COMPLAINT IN MORTGAGE FORECLOSURE
I, Susan M, Saylor, do hereby state that I am Assistant Vice President, Collections, of
Adams County National Bank, that I am authorized to make this verification, and that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the
best of my knowledge, information and belief, I understand that this statement is being made
subject to the penalties of 18 Pa,C,S, ~4904, relating to unswom falsification to authorities,
Dated: ...::>~,h-r
.LmL, / /
jSusan M, Saylor / ~
Assistant Vice President, Collections
Adams County National Bank
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- Commonwealth of Pennsylvania Space Above ThIs Line For Recording Data -
OPEN-END MORTGAGE
This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ..9.9::\'R~~,l!-......,.'!o,.I...~,q~~.
and the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
ZEIGLERS GULF LLC
125 FISH, HATCHERY ROAD
SHIPPENSBURG, FA 17257
DIf checked. refer 10 the attached Addendum incolpOraled herein, for additional Mortgagors. their
signatures and acknowledgmants,
LENDER:
FARMERS NATIONAL BANK
OF NEWVILLE - A DIVISION OF
ADAMS COUNTY NATIONAL BANK
NEWVILLE PA 17241
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged. and 10 secure the Secured Debt (defined below) and Mortgagor'sperfof1llllllCe under this
Security Instrument, Mortgagor grants. bargams. conveys and mortgages 10 Lender the following
described property:
The.property is located in ........~~~kMW................................ at ....................................
(CountY)
,~"~~,J;!'!~,~..~9.-Ml...............,.......,., ,..,~!'ffi,~~!!1.................. Pennsylvania ....,H?H........
(Add",ss)' (City) (ZIP Code)
Together with all rights. easements. appurtenances. royalties, mineral rights, oil and gas rights. crops.
timber. all diversion payments or third party payments made 10 crop producers, all water and ripanan
rights. weUa. ditches, reservoirs. and water stock and all existing and future improvements, structures.
fixtures. and replacements that may now. or at any time in the future. be part of the real estate descn'bed
above (all referred 10 as 'Property').
3. MAXIMUM OBLIGATION LIMIT. The lotal principal amount secured by this Security Instrument at
any one time shall not exceed $ ....,~,q~"Q,qR:,Q,Q.............. . This limitation ofsmount does not include
interest and other fees and charges validly made pursuant 10 this Security Instrument. Also. this limitation
does not apply to advances made under the terms of this Security Instrument 10 protect Lender's security
and 10 perform any of the covenants contained in this Security Instrument.
PElINBnVAl/IA, AGRICULTURAlJCOMMEJlCIAL MORT8AGE 'NDT FOR ,.... 'HLMe, IlIA DR VA U81. 'ND ROT '2J1, .t W'R PURPOSES!
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4. SECURED DEBT AND FUTURE ADVANCES: The term 'Se.cured Debt' is defined as follows:
A. Debt incurred under the terms of allpro~sory note(s), contract(s), guaranty(s) or other evidence
of debt described below and all their extensions, renewals, modifications or substitutions, (When
rriferencing the debts below it is sUggested that you include items such as borrowers' TUlmes, note
amuunts, interest rates, maturity dates, etc,)
BORROWER: JEFFREY R ZEIGLER AND DOROrHY E ZEIGLER AND ZEIGLERS GULF LLC
LOAN AMOUNT: $ 200,000.00
INTEREST RATE: 7.750 t
MATURITY DATE: 10/04/2021.
B, All future advances from Lender to. Mortgagor or other future obligations of Mortgagor to Lel1der
under any promissory note, contrllCl, gUaranty, or other evidence of debt existing now or executed
after this Security Instrument whether or not this Security Instrument is specificiilly referenced, If
more than one person signs this Security Instrument, each Mortgagor agrees that this Security
Instrument will secure all future advances and future obligations that are given to or incurred by
any one or more Mortgagor, or anyone or more Mortgagor and others, All future advances and
other future obligations are secured.by this.' .. security. Instrument. even though all or part may not yet
be advanced. A1f future advances and other future obligations are secured as if made on the date of
this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to
make additional or future loans or advances in any amount, ADy such commitment must be agreed
to in a separate writing. . .
C, All obligations Mortgagor owes to Lel1der, which now exist or may later arise, to the extent not
prohibited by law, includiIur;, but Iiot limited to, liabilities for overdrafts relating to any deposit
account a$f"ement between Mortgagor and Lender,
D, All additional sums advanced and expenses incurred by Lender for insuring, preserving or
otherwise protecting the Property. and. its value and any other sums advanced and expenses
incurred by Lender under the terms of this Security Instrument,
This Security Instrument will not secure any other debt if Lel1der fails to give any required notice of the
right of resCISsion,
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security Instrument,
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the riIFt to grant, bargain, convey, sell, and mortgage the
Property . Mongagoralso wammtsthat the Property IS 1I.IlellcUlllbetel1;'exceptJot ellCUJilljtailces of record.
~ C11814 a.nk.... SyItllnW~~. a7~ud, MN Form AGfCO-MTG-PA 711912000
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9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, .declare the entire balance of the
Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any
lien, encumbrance, transfer or sale of the Property, This right is subject to the restrictions imposed by
federal law (12 C,F ,R, 591), as applicable, This covenant shall nm with the Property and shall remain in
effect until the Secured Debt is paid in full and this Security Instrument is released.
10. TRANSFER OF AN INTEREST IN THE MORTGAGOR.. If Mortgagor is an entity other than a
natural person (such as a cOlporation or other organization), Lender may demand immediate payment if:
A. A beneficial interest in Mortgagor is sold or transferred.
B, There is a change in either the identity or nun1ber of members of a partnership or similar entity.
C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or
similar entity, .
However, Lender may not demand payment in the above situations if it is prohibited by law as of the date
of this Security Instrument,
11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural
person (such as a cOlporation or other organization), Mortgagor makes to Lender the following warranties
and representations which shall continue as long as the Secured Debtremains outstanding:
A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or
organization, Mortgagor is in good standing in all states in which Mortgagor transacts business.
Mortgagor has the power and authority to own the Property and to carry on its business as now
being conducted and, as applicable, is qualified to do so in each state in which Mortgagor
operates, . .. .
B, The execution, delivery and perf01'llJlUlce of this Security Instrument by Mortgagor and the
obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly
authorized, have received all necessary governmental approval, and will not violate any provision
of law, or order of court or governmental agency,
C, Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within
the last ten years and has not used any other trade or fictitious name, Without Lender's prior
written consent, Mortgagor does not and will not use any other name and will preserve its existing
name, trade names and franchises until the Secured Debt is satisfied,
12. PROPERTY CONDmON; ALTERATIONS AND INSPECTION. Mortgagor will keep the Property
in good condition and make all repairs that are reasonably necessary, Mortgagor shall not commit or
allow any waste, impairment, or deterioratiolloftheProperty. Mortgagor will keep the Property free of
noxious weeds and grasses, Mortgagor agrees. that . the nature of . the occupancy and use will not
substantially change without Lender's prior written consent. Mortgagor will riot permit any change in any
license, restrictive covenant or easement. without Lender's. prior. written consent.. Mortgagor will notifyLender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to
the Property,
No portion of the Property will be removed, demolished ormaterially altered without Lender's prior
written consent except that Mortgagor has the right to remove items of personal property comprising a
part of the Property that become worn or obsolete, plllvided that such personal property is replaced with
other personal property at least eqnal in val1le to the replaced personal property, free from any tide
retention device, security agreement or other encumbrance. Such replacement of personal property will be
deemed subject to the security interest created by this Security InstrlUnent. Mortgagor shall not partition
or subdivide the Property without Lender's prior written consent,
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property, Le11<Ier shall ~iv~ Mortgagor notice at the time of or before an
inspection specifying a reasonable pUrpose. forlliei impe.;tloh, . Any inspection of the Property shall be
entirely for Lender's benefit and Mort~gorwill in nC) !ay~ly on Lender's inspection. (pog. 3 of 101
~ "'..4.....N.'_..~~t3C':"".MN F~:..:A:/CO'MT",PA ",,,k" .rJ;-
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13. AUTHORITY TO PERFORM. If Mortgagor falls to perform any duty or any of the covenants
contained in this Security Instrument, I.encier may, without notice, perform or cause them to be
performed, Mortgagor appoints Lender as attorney in fiict to sign Mortgagor's IIlIJIle or pay any amount
necessary for performance, Lender's right fuperform for Mortgagor shall not create an obligation to
perform, and Lender's failure to perfornnvillnotpreclude Lender from exercising any of Lender's other
rights under the law or this Security Instnh:rierii, If any coilstruction on the Property is discontinued or not
carried on in a reasonable I1llIIIlIer, Lender may tiilre all steps necessary to protect Lender's security
interest in the Property, including completion of the constrUction.
':"1 .. .
14. ASSIGNMENT OF LEASES AND REN'rS.. Mortgagor 'grants, bargains, and conveys to Lender as
adliitiOilaf;securitylilltliifngnt;'tifie'lilidiDterestmlmdfo my and all; .'. .
A, Existing or future leases, . subleases, licerises,guaranties and any other written or verbal
agreements for the use and occupancy of anypdrtionof the Property, including any extemiom,
renewals, modifications or substitutions of such agreements (all referred to as 'Leases '),
B, Rents, issues and profits (all referred!\las 'Rents'), including but not limited to security deposits,
minimum rent, percentage rent, additional rent, common area maintenance charges, parking
charges, real estate taxes, other lipplicilbletaxes, insurance premium contributions, liquidated
damages following default, cancellation premiums, . 'loss of rents' insurllllCe, guest receipts,
revenues, royalties, proceeds, bOnUses, accOUJlts, contract rights, general intangibles, and all
rights and claims which Mortgagor ,llUlyhave that in any way pertain to or are on account of the
use or occupancy of the whole or any .part of the Property,
In the . eVent any item listed as Leases or R~nts is determined to be personal property, this Security
Jnstnunent will also be regarded as a securitY~ment,
Mortgagor will promptly provide Lender with tnieand correct copies of all existing and future Leases,
Mortgagor may cOllect, receive, enjoy aJld .~e the Rents" SQ long as Mortgagor is not in default, Except
for one lease period's rent, Mortgagor wiIlnot~llect in adVllI1ce any future Rents without Lender's prior
written consent. Upon default, Mortgagor.",ill}'e<;eive Rents in trust for Lender and Mortgagor will not
commingle the Rents with any otherfunds.AinolU1ts.col!eeted shall be applied at Lender's discretion to
payments on the Secured Debt asthereill pro\lided,toc?S!8()fmanaging, protecting and preserving the
Property and to any' other necessary related expenses including Lender's attorneys' fees and court costs,
Mortgagor agrees that this assignment is .iDlniedistelyeffeCtive between the parties to this Security
Instrument and ,effective as to third piirtii08.on .therliOOtding of this Security Instrument, and this
assigmnent will remain effective until' the Cl1:i1l.gli.tionBare slitisfied. Mortgagor agrees that Lender is
entitled to notify Mortgagor or Mortgagor'stelJllDts to. make payments of Rents due or to become due
directly to Lender after such recording, Howliver; Lender li.gr@s not to notify Mortgagor's telJllDts until
Mortgagor defaults and Lender notifiesMQrigagor of the default and demands that Mortgagor and
.Mortgagor's. tenaDts.,pay,.alh.Ren!s,-d1li>o.orctocbeconill-due--dirclctlFtO-I:.ender"en,receiVing the notice of
default, Mortgagor..will eudorile and deliver fuLender any payments of Rents, .' .
Mortgagor warrants that no default exists.. Ul1l!er the Leases or. any applicable landlord law, Mortgagor
also agrees to m.int.in, and to require the. tenants to coltlplywith, the Leases and any applicable law,
Mortgagor will promptly notify Lender of any noDCompliance, If Mortgagor neglects or refuses to enforce
compliance with the terms of the Leases,then LenderllUlY, at Lender's option, enforce compliance,
Mortgagor will obtain Lender's written authorization before Mortgagor consents to sublet, modify,
cancel, .or otherwise alter the Leases, to ,accept the surrender of the Property covered by such Leases
(unless the Leases so require), or to ass~, comprolnise or encumber the Leases or any future Rents, If
Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its
maintenance, depreciation, or other loss~sor dli.mages,excq>t those due to Lender's gross uegligence or
intcntiollll1 torts. Otherwise, Mortgagor will hold Lenderluirmless and indemnify Lender for any and all
liability, loss or damage that Lender may'incUr as a consequence of the assignment under this section,
15. LEASEHOLDS; CONDOl\IIN"ImfS; PLANNED UNIT DEvELOPMENTS. Mortgagor agrees to
comply with the provisions of any lease if this Security Instrument is on a leasehold, If the Property
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(p.gl' 4 of 10)
BK I 7 3 5 PG 2 5 9 3
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includes a unit in a condominium or a planned unit development, Mortgagor will perform all of
Mortgagor's duties under the cov~nants, by-laws, or regulations of the condominium or planned unit
development.
16. DEFAULT. Mortgagor will be in default if any of the following occur:
A, Any party obligated on the Secured Debt fai!$ to make paynwnt when due;
B. A breach of any term or covenant in this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt;
C, The making or t'urt1is~ of any verbal or written representation, statement or warranty to Lender
that is false or incorrect In any mat,erial respect by Mortgagor or any persall or entity obligated 011
the Secured Debt; ....
D, The death, dissolution, or insolvency of, appointment of a receiver for, or application of any
debtor relief law to, Mortgagor or any other persall or entity obligated on the Se=<lDebt;
E. A ~ood faith belief by Lender at any time that Lender is insecure with res!?"ct to any person or
elltity obligated all the Se=<l Debt or that the prospect of any payment is unpaired or the value
of the Property is impaired;
F, A material alIverse change in Mortgagor's business including ownership, management, and
fmancial conditions, whicli Lender in its opinion believes impairs the value of the Property or
repaynwnt of the Secured Debt; or
G, Any loan proceeds are used for a l'UIpOse that will contribute to excessive erosion of highly
eroilible land or to the conversion of wetlands to produce an agricultural commodity, as further
explained in 7 C,F,R. Part 1940, Subpart G, ExbibItM,
11. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to !'rDvide
Mortgagor with notice of the right to cure or other notices. and may. estabHsh time schedules for
foreclosure actions, Subject to these limitations, ifll!lY, Lender may accelerate the Secured Debt and
foreclose this Security Instrument in a manner provided by law if Mortgagor is in default,
At the "I1tiOIl of Lender, all or any part of the agreed fees and charlles, accrued interest and principal sbal1
become immediately due and jlayable, after giving notice if required by law, upon the occurrence of a
default or anytime thereafter, In addition, Lender sbal1 be .entitled to all the remedies provided by law, the
terms of the Secured Debt, this Security Instrument and any related documents,. All remedies are distinct,
cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity,
whether or not eX{lressly set forth, The acceptance by Lender of any sum in paynwnt or partial payment
on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed
shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not
:~~~~~ u~t;~~O~!h:::t1Sde~~: Lender does not waive Lender's right to later consider the
18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.
Except .when prohibited by law, Mortgagor agrees to pa~ all of Lender's expenses if Mortgagor breaches
any covenant in this Securilf Instrument. Mortgagor will also pay on denUmd any amount incurred by
Lender for insuring, inspectmg, preserving or otherwise protecting the l'roJ?erty and Lender's security
interest, These expenses will bear interest from the date. of the paynwnt until paid in full at the highest
interest rate in effect as provided in the terms of the Secured Debt, Mo~agor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing at protecting Lender s rights and remedies under this
Security Instrument, This amount may include, but is not. limited to, attorneys' fees, court costs, and
other legal expenses, This Security Instrument shall remain in effect until released. Mortgagor agrees to
pay for any recordatioll costs of such release, . .
19.ENVIRONMl!:NTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this sectioll, (1)
Environmental Law means, without limitatioll, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U,S.C. 9601 et seq.), all other federal, state and local
laws, re~ons, ordinances, court onW'8,al\Orney j~~~,Opinions or interpretive letters concerning
the pubhc health, safety, welfare, envitO~~i!1~1!S subs~; and (2) Hazardous Subs~
(psg. 5 of 10J
or-
~ .1984a.l'lk.rIISyatilIIM,~~5Jr9ud.MN Po~'A.GJCO-MTO.PA 7/19/2OQO
BK I 7 3 5 PG 2 594
meaD8 any toxic, radioactive or hazardous material, waste, pollutant or cont.m;nant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
welfare or enviromnent, The term includes, without limitation, any substances defined as "hazardous
material," "toxic substances," "hazardous .waste" or "hazardous substance" under any Enviromnental
Law,
Mortgagor represents, warrants andagreestllat:. . .
A, Except as previously disclos.ed and ~cknowledged in Vlriting to Lender, no Hazardous Substance
has been, is, or will be located, ~potted, manufactured, treated, refined, or handled by any
peI'Son on, under or about the PlOpertyi except in the ordinary course of business and in strict
compliance with a!l appUf'llb!e EpYil<>~4~. ........ :
. B, EXCept as previously di$C!osedalid36k:nOwledged in Writing to Lender, Mortgagor has not and
will not cause, contnbute to, (Jr peIinjt!he.releilse of any Hazardous Substance on the Property,
C, Mortgagor will immediately notify Lei1derif (I) a.release or threatened release of Hazardous
,Substance occurs on, under or about die Property or migrates or threatens to migrate from nearby
property; or (2) there is a violatiqil.of,my Environmental Law concerning the Property, In such an
event, Mortgagor will ta!ce a!l necessary remedial action in accordance with Enviromnental Law,
D. Except as previously disclosed and;acknowledged in Vlriting to Lender, Mortgagor has no
knowledge of or reason to 'believe, there is any.pending or threatened investigation, claim, or
proc."'Hng of any kind relating to (l}any Hazardous Substance located on, under or about the
Property; or (2) any violation by Mbrtgagor or any tenant of any Enviromnenta1 Law, Mortgagor
will immediately notify Lender inwPting as soon as Mortgagor has reason to believe there is any
such pending or threatened investigation, claim, or proceeding, In such an event, Lender has the
right, but not the obligation, to participAte in any such proceeding including the right to receive
copies of any documents relatingtd such proceedings; . .
E. Except as previously disclosed and' acmowledged inVlriting to Lender, Mortgagor and every
tenant have been, are and shall remain in full compliance with any applicable Enviromnental Law,
F, Except.. previously disclosed ani! ilcktiowledgedin Vlriting to Lender, there are no underground
storage tanks, private dumps or open wells located on orunder the Property and no such tank,
dump or wel! will be added unless. tenaer first consents in Vlriting,
G, Mortgagor will regularly inspect :th" Property, monitor the activities and operations on the
Property, and confirm that a!l.perinits, liceoses .or approvals required by any applicable
Environmenta1 Law are obtained 4!Id."9inPlied ~ith,
H, Mortgagor will permit, or cause, any tenant topermlt, Lender or Lender's agent to enter and
inspect the Property and review a!lrecbrds at any reasonable time to determine (I) the existence,
location and nature of any Hazardous Substance on, under or about the Property; (2) the existence,
location, nature, and magnitude of any Hazardous Substance that has been released on, under or
about the Property; or' (3) 'whetber- or' not Mdrtgagor lind any tenant are in compliance with
applicableEnvironmenta1 u1w," '.' .'. .
1. Upon Lender's request and at any tU:ue' Mortgagor agrees, at Mortgagor's expense, to engage a
qualified enviromnental engineer to prepare an environmental audit of the Property and to submit
the results of such audit to Lender; The choice of the enviromnental engineer who will perform
such audit is sub~ect to Lender' s ~""!;. . .... . , , ,
J. Lender has the right, but not the obhglll1on, to peiform any of Mortgagor's obhgatlons under this
sectionatMortgagor'sexpense.. :..,;'. ... ..... .
K. As a consequence of any breach of iinYiepreseniation. warranty or promise made in this. section,
(I) Mortgagor will indemnify and h61d Lender and Lend~r's successors or assigns harmless from
and against a!l losses,' c!aimli. demali\ls, . liabilities, damages, cleanup, response and remediation
costs, penalties and expenses, including without, limitation a!l costs oOitigation and attorneys'
fees, which Lender and Lender'ssuecessorsorll8sigDs may sustain; and (2) at Lender's discretion,
Lender may release this Security Instrument and in ietnm Mortgagor will provide Lender with
collateral of at least equal value to the Property secured by this Security Instrument without
- .=::::::::=:"~ -....
BK I 735PG259!?'
L. Notwithstanding any of the language contained in, this Security Instrument to the contrary, the
terms of this section sha1I survive any foreclosure, or satisfaCtion of this Security Instrument
regardless of any passage of title to Lender, or any disposition by Lender of any or all of the
Property, Any claims and defense$to the contrary are hereby waived,
20. CONDEMNATIO,N. Mortgagor will give Lender pro,mpt, notice of any pending or threatened action, by
private or public entities to purchase or taIce any or all of the Property through condemnation, eminent
domain, or ~y oth".r means, lI1ortgagor autho~ Len4er to intervene m Mortgagor's name in any of the
above descnbed actIOns or claims, Mortgagor asSigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property, Such proceeds
shall be considered payments and will be applied as provided in this Security Instrument. Thisilssignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
21. INSURANCE. Mortgagor agrees to maintain insurance as follows:
A, Mortgagor shall keep the P~rty insured against loss by fire, flood, theft and other hazards and
risb reasonably associated With the Property due to its type and location, This insurance shall be
maintained in the amounts and for. die periods that Lender requires, The insurance carrier
providing the insurance shall be chosen by Mortgagor subject to Lender's aPI1rovaI, which shall
not be unreasonably withheld. If Mortgagor fails to maintAin the coverage descnbed above, Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to
the terms of this Security Instrument.' . '
All insurance policies and renewals shall be acceptable to Lender and sha1I include a standard
"mortgage clause" and, where applicable, "loss payee clause," Mortgagor shall immediately notify
Lender of cancellation or termmation of the insurance, Lender shall have the right to hold the
policies and renewals, If Lender "'9Wres, Mortgagor sha1I immediately give to Lender all receipts
of paid' premiums and renewal notices, Upon loss, Mortgagor shall give immediate notice to the
insurance carrier and Lender, Lender may make proof of loss if not made immediately by
Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair
of the Property. or to the Secured Debt, whetlier or not then dUe, at Lender's option, Any
application of proceeds to principal,' shall not, extend, . or postpone the due, date of scheduled l'aymen,t t
nor change the amount of any payment, Any excess will be paid to the Mortgagor, If the YroiJerty
is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
dama~e to the Property before the acquisition shall pass to Lender to the extent of the Secured
Debt unmediately before the acquisition, .
B, Mortllagor agrees to mAintAin comprehensive general liability insurance naming Lender as an
addil10nal insured in an amounta~table to Lender,insuring against claims arising from any
accident or occurrence in or on the PrOperty ,.
C, Mortgagor agrees to maintAin rental loss or business interruption insurance, as required by Lender,
in an amount equal to at least coverage of one year's debt service, and requirea escrow account
deposits (if agreed to separately in writing), under a fonn of policy acceptable to Lender.
22.ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement,
Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow,
23. FINANCIAL REPORTS AND ADDITIONAL DOCtlMENTS. Mortgagor will provide to Lender upon
request, any financial statement or information Lender may' deem reasonably necessary, Mortgagor agrees
to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to
perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien
status on the Property,
24. JOINT AND INDIVIDUAL LIABn.ITY; CO-sIGNERS; SUCCESSORS AND ASSIGNS BOUND.
All duties under this Security Instrunjent are joint and individual, If Mortgagor signs this Security
Instrument but does not sign an evide~i!O'fr4llll9<,:!.M'~~~pr does so only to mortgage Mortgagor's
(plIge 7 of 10J
Bl{ I 7 3 5 PG 2 5 9 ~,~
9f-
~ ~19B4 Bank... svttem..~~?2':ud, MN Fonn-AGICO-MTQ_PA 711912000
interest in the Property to secure paYJI!l'llt of the .Secured Debt aJId Mortgagor does not agree to be
persona1ly liable on the Secured Debt, If this Security Instrument secures a guaranty between Lender aJId
Mortgagor, Mortgagor agrees to waive any rigb.ts tliat may pteventLender from tiringing any action or
claim against Mort!l"gor or any pllrty indebted uDder the obligation, These .rW1ts may include, but are not
limited to, any anti-deficiency orollC-action laws, Mortgagor agrees that Lender 8nd any pllrty to this
Security Instrument may exteiId, modify or make any change in the terms of this Security Instrument or
any eVlllence of debt with\>ut Mortgagor.. 's. .c.o....J1B.ent, Such a .clum.v:e will not release Mortgagor from the
terms of this Security .Instrument,. The dutiesaJId benefits of tIris Security Instrument shiill bind aJId
benefit the successors and assigns of Mortgagodlnd Lender, .
25. APPLICABLE LA W;SEy:ERABILITYlINTElu>R.ETATION. This Security. Instrument is governed
by the laws of thejiirisdiclion ii1wmchU;iideIis located;,excepl to the extent otherwise reCJuired by the
laws of the jurisdiction where the l'!oPerty islocated, Any provision that app<>ints Lender as an agent is
not subject to the p1:Ovisiollo'l of 20 Pa,C.S,A. Section 5601 et seq, (Chapter 56; Decedents, Estates aJId
Fiduciaries Code). Lender, by exercising any of its rights undei this Security Instrument, does so for
benefit of Lender. This Security Instrumel1lis complete and fully integrated, This Security Instrument
may not be amended or modified by oral agreement, Any section in this Security Instrument, attachments,
or any agreement related to the Secured Debt that colltJ.icts with applicable law will not be effective,
unless that law expressly or impliedly perinits. the variations by written agreement. If any section of this
Security Instrument cannot be CnforcedacC9rding to its .terms, that. section will be severed and will not
affect the enforceability of the remainder of this Security Instrument, WhellCver used, the s~ sha11
include the plural and the plural the singUlar, 1')1e captions. and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument. Time is of the essence m this Security Instrument,
26'~n~;~~e~ ili~~op~~~,:~~~x:,o~i~::p~ ~e~e=i~:, bJr';':;~ ~~!r
address designated in wnting, NotIce to one mOrtgagor will be deemed to be notice to all mortgagors.
27 . WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating
to the Property,
28. WAIVER OF JURY TRIAL, T\> tbe extent not prohibited by law, MortgagOr and tender knowingly
and intentionally waive tbe rlpt, which tbe ilartymay have, to a trIa1 by jury witb respect to any
!{!tlon III'lsing from tbe SeCUred Debt,oranyotber agreement executed in conJunction witb tbe
dence of Debt aild this Mortgage. Mon:.~r and Lender each acki10wledge that this section bas
eI er'. been brought to tbe attention. of.. party's 1eg.J counsel. or tbat each party had tbe
opportunity to do so. .. . .
29. ~~OVISIONS. If checked, the following llr!;applicable to,. but do . not limit, this Security
o Construction Loan. This Security Instrj.unent seciIres an obligation incurred for the construction
of an improvement on the Property, .'
o FIxture FIlIn&. Mortgagor grants to i.conder a security interest in all goods that Mortgagor 0WIl8
now or in the future and that are lir will become fixtures related to the Property,
o Crops; TImber; Minerals;. Rents, Issues, and Proflts. Mortgagor grants to Lender a security
interest in all crops, timber, and mine1'aIs located on the Property as well as all rents, issues, and
profits of them including. but not. limited to, allCollo'lervation Reserve Program (CRP) and
Payment in Kind (PIK) payments and siDli1ar goveriunental prognuDB (all of which sha11 also be
included in the term 'Property'). .
o Personal Property. Mortgagor grants to Lender a security interest in all personal property located
on or cOllllCCted with the Property~including all fann products, inventory, equipInent, accounts,
documents, instruments, chattel paper, geuera1 intangibles, and all other items of personal property
(psg" 8 of 10J
+
~ Cl18&4Bronkl...Syetllm.,~~sl:a.MN ForrnAGfCO-MTO-PA 7119/2000
BK 1735PG259]
Mortgagor owns now or in the future and that are used or useful in the consttuction, ownership,
operation, management, or maintenance of the Property (all of which shall also be hwluded in tlie
term "Property'), The term 'personal property' specifically excludes that property described as
"household goods" secured in connection with a 'consumer" loan as those terms are defined in
applicable federal regulatiom governing unfair and deceptive credit practices,
o Filing As Financing Statement. Mortgagor agrees and acknowledges that this Security Inst:rumeli.t
also suffices as a financing statement and any carbon, phot9graphic or other reproduction may be
filed of record for purposes of Article 9 of the Uniform Commercial Code,
30. OTHER TERMS. If checked, the following are applicable to this Secjl1ity Instrument: .
o Line of Credit. The Secured Debt includes a revolving line of credit provision, Although the
Secured Debt may be reduced to a zero balance, this Security Inst:rumeli.t will remain in effect until
released,
o Agricultural Property. Mortgagor covenants and' warrants that the Property. will be used
principally for agricultura1 or farming purposes and that Mortgagor is an individual or entity
allowed to own agricnJtura1Jand as specified by law.
~ Purcbase Money. This Security Ins~nt secures advances by Lender used in whole or in part to
. aciJ.Uire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be
construed as a purchase money morigilge with' all of the rights, priorities and benefits thereof
under the laws of the Commonwealth of Pennsylvania, .
o Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms
and covenants. contained in this Security Instrument and in any attachments. Mortgagor also acknowledges
receipt of a copy of this Security Instrument on the date stated on page. 1.
Entity Name: ,~.~!,1i-!.~,~~,.~,~\J..,~~f:
ii~l!~f:';~rA.
iW~.(.,4~"..".",.,.",
Entity Name: ............................,....................
",'.',.""",'....'.,.,.,."".,.,."",. f, 9l.q~/.~,qP: 1:,
(SignatUre) (Dow)
iW~,;.).."'...,....,.,.,.".,.""'.,.,..,.....,..,.."".,
isii~;~i""""""'"'''''''''''''''''''''''''''' (ii~U;i
<'sii~o;;;i"""""""""""""""""""""" ~U;i
(Vi~s~)"""""""""O""""""""" "'~ ,,':;'~I,;)'::~i:,1~V:::;::,:,~~~>;.',~~,;s'~t:~."','';''''''''''''''''''''''''''''''''''''''''''''''
~ Cl, 8M s.nb,. Sy"mtI, 1m.. St. Cloud. MN . Form AG/CO-MTQ-PA 7119/2000
(p.g. 9 of fOJ
BKI 7 3 5'Pli is 9 S'
ACKNOWLEDGMENT:
COMMONWEALTH OF ,.....,........................, COUNTY OF ............................., } ss,
(IodlvIdoW) On this, the ................. day of ......,...,;,..............." before me ............,.,................."
the undersigned officer, personally appeared .........,..'...............,...,.........,...............,.....
,.....,.........,.........,.,..........,.,....................." known to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that helshe
executed the same for the pUIpOses therein contained.
In witness whereof, I hereunto set my hand and official seal,
My commission expires:
(Se8l)
...........................................................
...........................................................,.
Title of Officer
. Felli.. .....111'.+'''-' .... C .I~ \.....J
CO~ONWEALm OF "...,...,!':\lili, T:'1I/!:., COUNTY OF ...,.~p.:~ y.";,,~..,,, } s~
.~.::; On this, ~e .....!?~.,.. day of ....,O"nJ~I.~~L, beforeA'le . I:/It.,. ,/, , .w.,c.~~"
_ the undersigned officer, personally appeared..:s:.e,:Ii'~.~"...I~.....2"~,~ ,(.&.......,........,
..,...,.,",.'1",.,.,"",.,.,.,.,.,.,'2',.'.".1.........'Po who'iil:llnowledged ' elflherselfto be the
,...Y.I:'l&m.tl;Q,\ ........., of ........~,i. fj, e.r1.s,.\or.:\1.,.lt;..t.kl;...., ....,...,.., ....,., ..,., ..........
........................., and that helshe as such ,.......M.em,J.e.&................,...............,...,
. i~'j~ a~thorized to do so, ex~ .tlj.e fPre,g0iI)&5instrument for tlje pwpo~e}. therein contained
)j.,ff'rt?,,"~~;~ the name pf the ,.....,//!..il1rfJlltful.. 4, by ....../:J,'.dlJ,(df:............,......, as
';i~~t"'lrit1.!'JS"" ,I.!Um.!U.;f.""""""" '...,.""".",. ."".,."""",."",."""",.,.".,.,."",."" ,
"'. ,. ... /. "fj;.;;!/'..;'~I\1h witness ,w~ereof, ~ hereunto set my hand and official seal,
,\0. .,\':;.;.",".J ;':'<}~~riJ!1Y COlllltllSSl0n explIeS: . ~
~"'\"''''''''''';ff!,''''~' 1:
""/. l'I..'.'./I.;.,.tf...:~~~.I\:/'" ..:,',','.' ,,_
'. I .}. ,<Ii/",.',' (e..J) '. . _
':,., ~ . .:.....~> " ~~\:"".: ':._' N .' . . .'.-' '.' , . ,
;.'.. .'. }:!. ';~("y., . H8m1llonc,O==b1~1c ;..", '.' ...c..... ..,.,....,..........
'~", . 'i!.'i!-'l'l/':,;' .-"c, Ui SMhlPJ18Commnsbul~,~g>.:...Cu Sept _ . ~ ~
'>' ~,~~t1<<"I!Md'i'\~';;',;,:,.......;':: y O>>IUn-t"re8" .G(:i_:.,}' "i- ',- '.' - ~
,:;.,.~I.L.tS.:{\~\..:..<~~.~!' Member, Pennsylvania AssocIaIlon 01 Nolartas ...... ft1. 14<,1..: .. rJ,? ,J.. S..................,
.....:~il.'.i;.{' "(j'\.) !'" / Title of Officer
':i~i~.A}.,,~rk:~,~'S i~~~::,:i
.. by certified that the address of the Lender within named is: .................................................,
.:. PO BOX 3129 GETTYSBURG PA 173"25
"";Z:;L;:~
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~ ell84 Blink... svn.m..lnc.. St.CIoud. MNForm'AolCQ-MTG-PA'7/19f2000
(page 70 of 701
1(\ 73 5PG 2599
L
.LEX;AL DESCRIPl'ION
ALL those certain lots of ground, together with improvements thereon, situate in
West Pennsboro Township, Cumberland County, Pennsylvania, more speci.fically
described as follows:
BEING Lots 46, 47, 48 arid 49, as shown on Plan of Lots of Big Spring Heights
El(teDsion No, 1. recorded in Cumherland County Plan Book 4, Page 16. Said lots
are contiguous, fronting on Pennsylvania Roule No. 64] (Carlisle Road), each lot
having a width offifty (50) feet and extending a uniform depth ot"two hundred (200)
reel 10 Ii twenty (20) foot alley as shown on the above-referenced plan of lots.
BEING the same premises which LynnE, Zeigler and Dixie L" Zeigler, husband and
wife, by their Deed dated February 12, 1998 andrccorded February 18,1998 in the
Office orthe Recorder of Deeds of Cumberland Countyin Deed Book 172, Page 241,
granted and conveyed unto Steven M. Stonebraker, single man, Grantor herein.
8K \ 7 35 PG 2 600
Date: Februarv 18. 2004
ACT 91/6 NOTICE
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 HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) maybe able to help to saye your home,
This Notice explains how the program work);,
To see ifHEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING 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 phone number of COllllumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. If you have any auestiollll. vou mav call the PennlIvlvania Housing Finance Agencv toll free at 1-800-342-2397, (PersOIlll 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 f'rod a lawyer
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NllMERO MENCIONADO ARRIBA, PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALV AR SU CASA DE LA PERDJDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Jeffrev R. Zeicler
PROPTERY ADDRESS: 35 Fish Hatcherv Road. ShippensbUl'l!:. P A 17257
LOAN ACCOUNT NO.: 600121682
ORIGINAL LENDER: FlI1'l11ers National Bank of Newville
CURRENT LENDER/SERVICER: Adams County National Bank
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
. IF YOU MEET OTHER ELIGffifi,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY,
EXHIBIT B
TEMPORARY STAY OF FORECLOSURE - Under the Act; you are entitled to a temporary stay of foreciosure 0Ii. 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
o!l" of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE
NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCmS - 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 teleohone numbers of desilIDllted consumer credit counselin~ a~encies 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 immediatelv 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 IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE Wfi,L 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 ATI'EMPT TO COLLECT THE DEBT,
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine; it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
35 Fish Hatcherv Road. ShipPensbur~, South Hampton Township. Cumberland Countv. P A AND
8 Carlisle Road. Newville. West Pennsboro Township, Cumberland County. P A
IS SERlOUSLYINDEFAULTbecause:
A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due:
Monthlv payments of $1.327.51 due for December 2003. Januarv and February 2004, plus past due char~es of $79 .66
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE:
$4.062,19
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW TO CURE THE DEFAULT- You may cure the default within TIIIRTY (30) DAYS of the date of this notice JlYPA\JNG
. THET,OTAL AMOUNT PAST DUE TO THE LENDER, WIDCH'IS $ 4,062.19 . PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE TIIIRTY (30) DAY PERIOD. Pavments must be made either by cash,
cashier's check, certified check or money order made Davable and sent to:
ADAMS COUNTY NATIONAL BANK
P,O. Box 3129
Gettvsburg, P A 17325
You can cure any other default by taking the following action within TIIIRTY (30) DAYS of the date of this letter: (Do not lllle ifnot
anDlicable, )
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 rilrhts to accelerate the mortl!al!e debt. 'This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the
total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose UDon vour mortl!al!ed DroDertv,
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 actual1y incurred, up to $50.00, However, iflegal
proceedings are started against you, you will have to pay all reasonable attorney's fees actual1y incurred by the lender even if they
exceed $50,00, Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If
vou cure the default within the THRTY (30) DAY period. vou will not be required to pav attorney's fees,
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIIRTIY (30)
DAY period and foreclosure proceedings have begun, vou still have the riebt to cure the default and Drevent the sale at anv time UD to
one hour before the Sheriff's Sale, You mav do so bv paying the total amount then Dast due, Dlus anv late or other char!,:es then due,
reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as
specified in writing bv the lender and bv performing anv other requirements under the mortl!llge. 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 POSSmLE 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 3 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:
Address:
Adams County National Bank
PO Box 3129
Gettv_burl!. P A 17325
(717) 776-9448
(717) 776-4855
James E. Showvaker
Phone Number:
Fax Number:
Contact Person:
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.
YUU MAY ALSU HAVE THE KIGHT:
. .
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITtITION TO PAY OFF TIllS DEBT.
. TO HAVE TIllS DEFAULT CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEHALF
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE TIIAN THREE
TIMES IN ANY CALENDAR YEAR,)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LA wsurr 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,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western P A
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Financial Counseling Services of Franklin
31 West 3'" Street
Waynesboro, P A 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
717) 334-1518
FAX (717) 334-8326
YORK COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover,PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western P A
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Housing Council ofY ork
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western P A
970 South George Street
York, PA 17403
(717) 846-4176
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western P A Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3'" Street
Harrisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
'Copies also mailed to 8 Carlisle Road, Newville, P A 17241
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
Date: February 18, 2004
ACT 91/6 NOTICE
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. Sl'ecific information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !REMAP) mav be able to help to save vour home.
This Notice exl'lains how the program works,
To see ifHEMAP can help. vou must MEET WITII A CONSUMER CREDIT COUNSELING AGENCY WTIHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling
Al!enCV,
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persous 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 fmd a lawyer
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA.
HOMEOWNER'S NAME(S): Dorothv E, ZeIRler
PROPTERY ADDRESS: 35 Fish Hatchery Road. Shippensburl!. P A 17257
LOAN ACCOUNT NO.: 600121682
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDERlSERVICER: Adams County National Bank
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELlGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELlGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
. IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
ExHIBIT C
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-ta-face" meeting with
one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE
NEXT (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 DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCmS - 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 designated consumer credit counseling agencies for the county in which the propertv is located are
set forth at the end of this Notice, It is only necessary to schednle one face-to-face meeting, Advise your lender immediatelv of your
intentions,
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in defanlt 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 FAll., TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have med bankruptcy you can still apply for Emergency Mortgage Assistance,)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UP to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
35 Fish Hatcherv Road, Shippensburg, South Hampton 'township. Cumberland County. PA AND
8 Carlisle Road, Newville. West Pennsboro Township, Cumberland County, PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following montha and the following amounts are now
past due:
Monthlv pavments of $ 1.327.5 I due fur December 2003, January and February 2004. plus past due charges of $79.66
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE:
$4.062,19
B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW TO CURE THE DEFAULT - You may cure the default within TIURTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH is $ 4.062,19 , PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE TIURTY (30) DAY PERIOD, Payments must be made either bv cash,
cashier's check. certified check or money order made pavab1e and sent to:
ADAMS COUNTY NATIONAL BANK
P ,0, Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within TIURTY (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 TIURTY (30) DAYS of the date of this Notice,
the lender intends to exercise its ri2hts to accelerate the mol128l!e 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 instaIlments, If full payment of the
total amount past due is not made within TIURTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon vour J1lortl!a2ed 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 actua11y incurred, up to $50.00, However, iflegal
proceedings are started against you, you will have to pay all reasonable attorney's fees actua11y 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
vou cure the default within the THRTY (30) DAY period. vou will not be reouired to pav attorney's fees.
OTHER LENDER REMEDmS - The lender may also sue you personally for the unpaid principal baIance and all other sums due
under the mortgage,
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIIRITY (30)
DAY period and foreclosure proceedings have begun, vou 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 anv other costs connected with the Sheriff's Sale as
soecified in writing by the lender and bv Performing any other reauirements 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 3 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:
Address:
Adams County National Bank
PO Box 3129
Gettvsblll'2. P A 17325
(717) 776-9448
1717\ 776-4855
James E. Showvaker
Phone Number:
Fax Number:
Contact Person:
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.
YUU MAY ALSU HA VI<; TH.J<; RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFFTHE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT,
. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHAlF
. TO HAVE TIIE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR,)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of We stem P A
2000 Linglestown Road
Hanisburg, P A 171 02
(717) 541-1757
(717) 541-4670
Financial Counseling Services of Franklin
31 West 3'" Street
Waynesboro, P A 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, P A 17325
717) 334-1518
FAX (717) 334-8326
YORK COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover,PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western P A
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Housing Council of York
116 North George Street
York,PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western P A
970 South George Street
York,PA 17403
(717) 846-4176
CUMBERLAND COUNTY
Consumer Credit Counseling Service ofWesternPA Financial Counseling Services of Franklin
2000 Linglestown Road 31 West 3'" Street
Hanisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717)762-3285
YWCA of Carlisle
301 G Street
Carlisle, P A 17013
(717) 243-3818
FAX (717) 243-3948
.Copies also mailed to 8 Carlisle Road, Newville, P A 17241
Urban League of Metropolitan Hanisburg
25 North Front Street
Harrisburg, PAl 710 1
(717) 234-5925
FAX (717) 232-4985
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Jeffrey R. Zeigler
35 Fish Hatchery Road
Shippensburg, PA 17257
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Dorothy E. Zeigler
8 Carlisle Road
Newville, PA 17241
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10 Return Recelpt for Merchat~
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4. Restricted Delivery? (Extra Fee)
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Domestlc Return ReceIpt
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01501 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
ZEIGLERS GULF LLC
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
ZEIGLERS GULF LLC
the
DEFENDANT
, at 1941:00 HOURS, on the 29th day of April
, 2004
at 35 FISH HATCHERY ROAD
SHIPPENSBURG, PA 17257
by handing to
JEFFREY R ZEIGLER
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
13.80
,00
10,00
,00
41,80
.r~~
R, Thomas Kline
04/30/2004
ADAMS COUNTY NATIONAL BANK
Sworn and Subscribed to before
By:
~~4
Deputy Sheriff
me this
/1Ct....,
day of ~
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(/ Prothonotar r ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff,
No. 2004-01501 Civil Term
vs.
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant.
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To the Prothonotary:
Enter judgment against Zeiglers Gulf, LLC, the Defendant above-named, for failure to
plead to Plaintiffs complaint and assess damages at $160,163.94, plus interest from
September 1, 2005, at a per diem rate of$25.67, any additional late charges, and costs of suit.
The undersigned does hereby certify that, pursuant to Pa. R. C.P. 237.1, written notice of
intention to file this praecipe, a copy of which is attached hereto, was mailed to Defendant on
July 29, 2005, such date being more than twenty (20) days after the date of service of
Plaintiffs complaint on April 29, 2004, and at least ten (10) days prior to the date ofthe
filing of this praecipe.
Dated: September ~ , 2005
PUHL, EASTMAN & THRASHER
.'1
By:~dvtu~f~
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, P A 17325
(717) 334-2159
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A1\
CIVIL ACTION - LA W
Adams County National Bank,
Plaintiff,
No. 2004-1501 Civil Term
vs.
Zeiglers Gulf, LLC
Action of Mortgage Foreclosure
Defendant.
To: Zeiglers Gulf, LLC, Defendant
35 Fish Hatchery Road, Shippensburg, P A 17257
Date of Notice: July 29, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 1
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAll
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOI
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE AE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Street
Carlisle, PAl 70 13
Telephone Number: 717-249-3166
PUHL, EASTMAN & THRASHER
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Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, P A 17325
(717) 334-2159
By:
, ~
U.S. POSTAL SERVICE CERTIFICATE OF MAILING '" '" '"
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT -0 0 N
PROVIDE FOR INSURANCE -. POSTMASTER I f'- r<l
Received From: PUHL. r~!"":'.'\SHER/: --...... ILI'\()\f'-
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(Zeiglers Gulf, LLC Ul 9.1;J~ '0 &
One piece of ordinary mail addressed to: '" ,; Zr::.1:;P r.t ~ ~
Zeiglers Gulf, LIe ~- - ~~. ~ c:i g
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35 Fish Hatchery Road
Shippensburg, PA 17257
PS Form 3817, Mar. 1989
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Adams County National Bank,
Plaintiff
( ) Confessed Judgment
( x) Other
File No. 2004-01501 Civil Tem
Amount Due $160,163.94
Interest fer NJt:e fmn 9/1/05 at a r:er clian of $25.67
Atty's Comm
Costs
vs.
Zeiglers Gulf, LLC,
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
8 Carlisle Road, West Pennsboro Township, Newville, Pennsylvania -- See Exhibit A
attached hereto for legal description.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date
September 2, 2005
1!-~$U
Signature:
Print Name:
Address:
Edward G. Puhl
220 Baltimore Street
Attorney for:
Telephone:
Supreme Court ID No.:
Gettysburg, PA 17325
Plaintiff
(717)334-2159
55709
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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LEGAL DESCRIPTION
ALL those certain lots of ground, together with improvements thereon, situate in West
Pennsboro Township, Cumberland County, Pennsylvania, more specifically described as
follows:
BEING Lots 46, 47, 48 and 49, as shown on Plan of Lots of Big
Spring Heights Extension No.1, recorded in Cumberland County Plan
Book 4, Page 16. Said lots are contiguous, fronting on Pennsylvania
Route No. 641 (Carlisle Road), each lot having a width of fifty (50) feet
and extending a uniform depth of two hundred (200) feet to a twenty (20)
foot alley as shown on the above-referenced plan oflots.
BEING the same premises which LynnE. Zeigler and Dixie L. Zeigler, husband
and wife, by their Deed dated February 12, 1998 and recorded February 18, 1998 in the
Office of the Recorder ofD~eds ofCmnberland County in Deed Book 172, Page 241,
granted and conveyed unto Steven M. Stonebraker, single man, Grantor herein.
EXHIBIT "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-1501 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK Plaintiff(s)
From ZEIGLERS GULF, LLC, 35 FISH HATCHERY ROAD, SHIPPENSBURG P A 17257.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 8 CARLISLE ROAD, WEST PENNSBORO TWP., NEWVILLE PA
17241 (SEE LEGAL DESCRIPTION) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $160,163.94
Interest FROM 9/1105 AT $25.67 PER DIEM
L.L. $.50
Atty's Cornm
Atty Paid $123.80
Plaintiff Paid
%
Due Prothy $1.00
Other Costs
Date: SEPTEMBER 6, 2005
(l'
CURTIS
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name EDWARD G. PUHL, ESQ.
Address: 220 BALTIMORE ST.
GETTYSBURG PA 17325
Attorney for: PLAINTIFF
Telephone: (717) 334-2159
Supreme Court ID No, 55709
II
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
\
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i! Adams County National Bank,
I: Plaintiff
Ii
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Zeiglers Gulf, LLC,
No. 2004-01501 Civil Term
Action of Mortgage Foreclosure
Defendant
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I! the Praecipe for Writ of Execution was filed, the following information concerning the real
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AFFIDAVIT PURSUANT TO RULE 3129.1
Adams County National Bank, Plaintiff in the above action, sets forth as of the date
property set forth on Exhibit "A" attached hereto.
1.
Name and residence address of owner.
Zeiglers Gulf, LLC
35 Fish Hatchery Road
Shippensburg, P A 17257
2.
Name and address of Defendant in the judgment:
Zeiglers Gulf, LLC
35 Fish Hatchery Road
Shippensburg, P A 17257
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Farmers National Bank of Newville, a division of Adams County National
Bank, P.O. Box 3129, Pennsylvania 17325. Plaintiff in judgment entered to
No. 2004-01501.
4. Name and address of the last recorded holder of every mortgage of record.
Farmers National Bank of Newville, a division of Adams County National
Bank, P.O. Box 3129, Gettysburg, P A 17325. Mortgagee in instrument recorded in
Mortgage Book 1735, at page 2590.
II
II
II 6. Name and address of every other person who has any record interest in the
Ii property and whose interest may be affected by the sale:
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Gulf Oil Limited Partnership. Mortgagee in instrument recorded in Mortgage
Book 1567, at page 207, subordinated in favor of the instrument recorded in Mortgage
Book 1735 at page 2590 by agreement recorded in Miscellaneous Book 682, at
page 357.
5.
property:
Name and address of every other person who has any record lien on the
Cumberland County Tax Claim Bureau, Cumberland County Courthouse,
1 Courthouse Square, Carlisle, P A 17013-3387
N one known to Plaintiff.
7. Name and address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Pennsylvania Department of Environmental Protection, P.O. Box 8763, Attn.
Dennis Matalavage, Harrisburg, P A 17105-8763 for underground storage tank
registration fees.
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made
subject to penalties of 18 Pa. C.S. "4904 relating to unworn falsification to authorities.
PUHL, EASTMAN & THRASHER
Dated:(~d, d1 ';?C'( :('
,
~~~.:JL
Edward G. Puhl, Esq.
Attorney for Plaintiff
Attorney LD. #55709
220 Baltimore Street
Gettysburg, P A 17325
(717) 334-2159
By:
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LEGAL DESCRIPTION
ALL those certain lots of ground, together with improvements thereon, situate in West
Pennsboro Township, Cumberland County, Pennsylvania, more specifically described as
follows:
BEING Lots 46,47,48 and 49, as shown on Plan of Lots of Big
Spring Heights Extension No.1, recorded in Cumberland County Plan
Book 4, Page 16. Said lots are contiguous, fronting on Pennsylvania
Route No. 641 (Carlisle Road), each lot having a width of fifty (50) feet
and extending a uniform depth of two hundred (200) feet to a twenty (20)
foot alley as shown on the above-referenced plan of lots.
BEING the same premises which Lynn E. Zeigler and Dixie L. Zeigler, husband
and wife, by their Deed dated February 12, 1998 and recorded February 18, 1998 in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 172, Page 241,
granted and conveyed unto Steven M. Stonebraker, single man, Grantor herein.
EXHIBIT "A"
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Adams County National Bank:,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
No.
2004-01501 Civil Term
v.
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TOPA. R.CP. 3129
i,
I TAKE NOTICE:
i That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday,
II December 7, 2005, at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE
I, SQUARE, CARLISLE, PENNSYL VANIA 17013-3387 at 10:00 A.M., prevailing local time.
II THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
II' consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
I DESCRIPTION ATTACHED).
THE LOCATION of your property to be sold is:
8 Carlisle Road
Newville, P A 17242
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
Civil Action No. 2004-01501.
The name ofthe owner or reputed owner of this property is: Zeig1ers Gulf, LLC.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes), will be filed by the Sheriff within ten (10) days after the sale and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of
I
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rule must be attached to the petition. If a specific return date is desired, such date must be obtainel
from the Court Administrator's office, Cumberland County Courthouse, 1 Courthouse Square
Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court.
PUHL, EASTMAN & THRASHER
'''\
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Edward G. Puhl, Esq.
Attorney for Plaintiff
Attorney I.D. #55709
220 Baltimore Street
Gettysburg, Pennsylvania 17325
(717) 334-2159
LEGAL DESCRIPTION
ALL those certain lots of ground, together with improvements thereon, situate in West
Pennsboro Township, Cumberland County, Pennsylvania, more specifically described as
follows:
BEING Lots 46,47,48 and 49, as shown on Plan of Lots of Big
Spring Heights Extension No.1, recorded in Cumberland County Plan
Book 4, Page 16. Said lots are contiguous, fronting on Pennsylvania
Route No. 641 (Carlisle Road), each lot having a width of fifty (50) feet
and extending a uniform depth of two hundred (200) feet to a twenty (20)
foot alley as shown on the above-referenced plan oflots.
BEING the same premises which LynnE. Zeigler and Dixie L. Zeigler, husband
and wife, by their Deed dated February 12, 1998 and recorded February 18, 1998 in the
Office of the Recorder of De.eds of Cumberland County in Deed Book 172, Page 241,
granted and conveyed unto Steven M. Stonebraker, single man, Grantor herein.
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
No, 2004-01501 Civil Term
v,
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant
RETURN OF SERVICE
STATE OF PENNSYLVANIA
COUNTY OF ADAMS
On this, the~y of November, 2005, before me, a Notary Public, the undersigned
officer, personally appeared Edward G, Puhl, Esquire, who having been by me duly sworn, on
his oath does depose and say that he is the attorney for Adams County National Bank, Plaintiff
in the above-captioned matter, and that attached hereto is a true and correct copy ofthe Notice
ofSherifi's Sale of Real Estate Pursuant to P A R,C,P, 3129,2 to Creditor or Other Person or
I Other Party in Interest, copies of said notices having been mailed by Edward G, Puhl, Esquire,
by first class mail, postage prepared, deposited at the post office in Gettysburg, Pennsylvania,
on November 2, 2005, to creditors or other persons or parties in interest, as set forth in the
affidavit filed Pursuant to Rule 3129.1 in the above-captioned matter, copies ofU,S. Postal
Ii Service certificates of mailing also being attached hereto, and that the facts set forth herein are
I: true and correct to the best of his knowledge, information and belief,
I:, .1~A/7lydk-
I! Edward G, Pool, Esquire
! Attorney for Plaintiff
Ii Attorney I.D, #55709
!I 220 Baltimore Street
II
" Gettysburg,PA17325
Ii (717)334-2159
, Sworn to and subscribed before
I, me the day and year aforesaid,
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Notary Public
My Commission Expires:
COMMONIJ'iE/,LTH OF PEf,'\:,~yU,I.,.,,'i
Notarial Seal J
Leslie R. Grimes, Notary Public
Gettysburg Boro. Adams County
My Commission Expires O~t. 23, 2007
Member, Pennsylvania k;socia!icn Of Notaries
II
. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
No, 2004-01501 Civil Term
v,
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO PA. R.C.P. 3129.2
TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST:
The real estate known as 8 Carlisle Road, Newville, Cumberland County,
Pennsylvania, owned by Zeiglers Gulf, LLC, more particularly described on Exhibit "A"
attached hereto, will be exposed to public sale at the Sheriff's Office, Cumberland County
Courthouse, Carlisle, Pennsylvania on Wednesday, December 7,2005, at 1O:00A,M,
Said Sheriff's Sale is pursuant to a Writ of Execution issued on the judgment entered
by Adams County National Bank v, Zeiglers Gulf, LLC, in No. 2004-01501 entered in the
Court of Common Pleas of Cumberland County, Pennsylvania,
Claims against the property must be filed at the office of the Sheriff before the above
sale date.
Claims to proceeds must be made with the office of the Sheriff before distribution,
A Schedule of Distribution will be filed with the office of the Sheriff on January 6,
2006.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the
office of the Sheriff no later than ten (10) days from the date when a Schedule of Distribution
is filed in the office of the Sheriff,
The Sheriff's telephone number is (717) 240-6390,
Address ofthe Plaintiff is 16 Lincoln Square, Gettysburg, Pennsylvania 17325,
PUHL, EASTMAN & TI}~HER
By:/f~RU-
Edward G, Puhl, Esquire
Attorney for Plaintiff
Attorney I.D, #55709
220 Baltimore Street
Gettysburg, P A 17325
Dated: November 1, 2005 (717) 334-2159
Sheet No, 8
SHERIFF'S SALE I
By virtue of OItI'tIIln Writs. of
ExeeLlllon, issued out of the
Court of Common Plea or Cum-
berland Count;y, Pennaylvllnla.
.ndtDmadlred:ed.lwlll~"""
lit publc..le by publlcvenlle or
outcry, lit the CumbeOllnd
CoLlll1;y Court House, In the
BaroI.W1ofCarl"'Ie,Pen~)tvanl.
at 10:00 o'clclcll:A-M. Prevtllllrc
Tme on the above dltt!, the
herelnllfter mentioned real
_m
All partl.. In 1n1lll'8lll:and
Claim8ntsare~bynootlfied
thlltl.cheduleofOillbibution
will beflledbythllSheril'lJ8fIUII1)'
06 2006that dilltribution will be
m~da In IKQClrdlnce with uld
achedule unl_exceptlona are
filedtheretllwitlllnten(lO)d8)'lI
thereinafter
lh~South84degre~::Imin_
utes West. 75 feet to a pomlllt the
dividing linebetwlx:nLotsNos.32
and H on \he hereiMfter men-
tionedPlEU1nfLots;thencealong
tbelast9iliddiviwng line, North 5
degre~57minute"West>105fee1
tna poirn at 1he Southerly BIde of
HawthomeDrive;\beru;ewOIll!the
&lutherlysideofl-lawlhomeDrive,
NOl1h S4 degrees::l mmute.'l E..<t,
7Sfee1toapoint,theplaceof
BEGINNlNG
BEINGLOlNo..HontheGen_
eIlIl Plan of Hollywood Develop-
ment, which PIau is recorded In
the Office of the Recorder of
Dec:dsinm:ltirCUnherllnlCounty,
PcnnsvlVllnia.in PlonBook 7,
Pagel7
HAVING THFREONERECTIID
a dwelling home, known IQId
numhered 8S 3439 HIIwthome
Dri~, Camp Hill. PeJllu~'lvama
170]1
TAX PARCEL #21-0275-040
fiLE TO SAID PREMlSES
i,v""tedin BT)'IIlIJ Mitchd] and
Linda A Mitchell husblllld IIJ\d
\\ue, bj' D=I from Frederick 1
Spackman,singleperson,byhls
Attorney-in.FltCt,F.looephSpock_
man, 8l1d Rickie Hartz II!ldKath-
l)1l Hartz, also known a, Kalher-
ineHartz.hu.handll!ld\\1fe,wlIed
lJn/2OXlliOOn:c:oola:ill/221200:J
in Deed Book 2:<4hge63]
PREMISES BEING: 3439 Haw_
thomeDrive,CompHill,PA17011
REAL ESTATE SAlE No. 52
Writ No, 2002-1576
CivilTerm
Deutsche Bank National Trust
COmpany,asTrusteeof
Ameriquest Mortpee
Securities,lnc"Asset-Backecl
Pass Throup Cerrtificatlls
Series 2003-8, Under the
PoollngllndServiclng
A&Jeement Dated as of
May 1, 2003
V.
Michael W, & Fnmces M
Raf1enl>berger
Any: Daniel SchmIeg
DESCRIPTION
ALL TIiAT CERTAIN rea]
estote 1'rUIg and being SItuate w
Soulh Middleton "Jownship, Cwn-
berllUld Coumy, PennsylVllIlia,
bounded and limited as follows. 10
WIt:
ON THE NORTI! by public
l'IllUt]eading from Mounl Holly
Spriug:< 10 Boiling Sp'inp, wso
Dlo\\', as Pennsylvania Leg,s-
lative Route No. 21008; on \he
Ewlt\lvthe]an<!an(lworformer]y
ofHati-yCreamer;ontho&m11tb~
]and'noworfonnerlyofSldRolh
mtdontheWeslbj'landsnowor
fonnerlvufMerrillD.Hen:.
CONTAINING one 1tCfe., more
or less.
HAVING thereon erected a 2-
slory fnune dwelling house and
othc:rhuildings,blO'Mlasandrrurn_
bered 2l.k1 MiU sa=, Mt Holly
Springs,Pennsylvania]7065.
TIIX Parcel #40-31.2]85.034
TITLE TO SAID PREMISES
i,vestedinMichaelW.Raffens-
be'ller IIlId Fmnces M. Raffens-
berger, husband and WIfe, by Deed
from MlIIlinLeroy BarbourllJld
Frances C. BmbOUf, husband and
wife, etal,datl:d3l.Z01]99S lIIld
recorded4l3/1gg8inDeedBooJ;;
174Pag~%3
Prt:misei; 200 Mill Street.
MOtmtHol1ySprin@,PA]7065
REAL ESTATE SALE No, 53
Writ No. 2005-3734
Civil Term
PHHMortgllgeCorp,f/k/a
Cendant MofT&lltEl COrp.
d/b/a Ere Mortgllge
w
KyleE.Sprecner&
Ashley A.. Jumper
~: Daniel Schmieg
DESCRIPTION
ALL TIiAT CERTAIN trad or
Parcel of Illltd and, pmnise"
situate, lying and being m the
Township ofLoWl:1' Allen in the
c"unty ufCumberl8Dd ami Corn-
monwealth of Pennsylvama, more
pIIJlicWarlyboundedllIlddescnbWftlI
followsaccordingloasurveyof
EmestJ.WIIIke-,l'rofessilXllllfltgi_
necrdatedSeplentber19,1%8,IlS
f(lUo'ws,toWlt:
BEGINNING al a poinl on the
~lysideorCumberlandDriv<:
(formedy AV<:lluO "a") (SO feet
wide),saidpointbeingmadis-
tancel3L96feetmeasuredSouth
llOdegrces53rninutesWestfmm
apointofCllIVeatlhesoulherly
endofcur""onthewest~vside
of Cwnbor]lIJId Drive (formerly
Avmue "0") I~ owo;r;ile Locust
Road (fonnerly AvcuW!! "N")(60
feet wide); thence wong the
westerly side ofCuntbe:rlaml Drive
(formerly Avenue "O") SoutltOO
degrees 53 rninu\es W.,., 273 feet
to a poinl of\llJlgenl on the "'lid
sideofCwnberlandDrive(former_
l\'Avenue"O"):tbencea]oogtlte
a1cof".uroedel1ecting to the
rigbt,hllvingamdiusof89.45feet
II dis!lm.e along the/lfl; of 89.92
foettoapointof~onllllidside
of Cumbor]and Drive (formerly
Avenue "0'"); thence oIong Lot
No, -199, North 38 degrees 48
minutes West 11462 feet 10"
point; then.e along Lot No. ]41,
North Oll degrees 53 mmutesEast
17.79 feet to a pomt; therwe along
Lot No. 12], South 75 degrt:es3]
minutes 30.,,,,onds East, 118.01
feet to the rIM tmlltioned poim
IUtd phu:e of BEGINNING
BEING known a, l.t>t No ]20
ofCumberlamlPmkasrecordedm
Plan Book 4,Page 95.
BEING the same: premises
wlticlt H1\lce D. F]emin!! lIl1II
Shern-'D F1eming.bi,\\i[e,bj'
thcirDeod dated May ]4,1993,
and reconled 011 Mny ]9, ]9g3,m
thc Office of the Recorder of Deeds
in and for CUlltOOrlandCoonty.
Penosy]VBnia, in Deed B<d tL
Volume36,Page209,granwdand
con.eyedunloRobertJ.Ohli~
lIJId Lori A Ollbger, his WIfe,
gmnlorshercin
NOTE: . emmeousl~' set forth
as Lot No. 199 in JDurdeed.
flcingParcel#I3_24.o797_150
m TO SAID PREMISES
j,veSledinKyleE. Sprecher"""
AshJev A Jwnper, both ,mg]e,
and ~, Joint Tl'I1IInts with the
Right of Sun'lVorsltip hy Deed
from Robert J. Ollligerand Lori A
OhIiger,husbandandwif.,dated
5120104,Rcorded6l3lll4111D<<d
Book263,]JIl!!e]805
BEING, 11] Cuttther\and Drive,
CampHiIl,PA170Jl
REAl ESTATE SAlE No. 54
Writ No. 2005-2607
Civil Term
PHH Mortgllge Corp..
f/kIaCendantMor\pleCofp.,
f/k/IIPHHMor1ga1i'
ServioesCofp.
w
Douglas E. Wilhelm, Jr. &
LisaH.Wilhelm8/kl1l
LWilhelmajk,lllWllhelmLisa
Henlon8/klaUsaM.HlInlon
B/k/a Usa Hanlon Wilhelm
Nrt: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN IrIlCl in
IboTownshipofHamp;lcn,~'
of Cwnberlaod, Commooweallh of
PennsylvlUtia,morepanicu]ar]y
howtdedwtdde9irllo:dll.'lfollows,to
..
BEGINNING ata poinl on the
&ISI side of Courtland Streel,
whiob point is 2]2 feet W"._
wlIIdly aud Southwardly from the
South\\eSterlycornerofCowtland
S\reetll11dHampdenAvenue,8llid
poinl being abo at tlte diviston
line, ofLo!.!; Nos. 160 aud 16],
tltenceSollth73 de~s,.J2
minlllesEastalomgsatddil'tslon
line eight)-'>iive ll11d tltirty-four
hurutredths (R5.34) feet to a pomt
al the division lines of lots Nos.
158and]61;thonceSollth20de_
gree.Olminuteu.81a1ong.satd
divisiOl1 lines s,xty-four aud
twelvehwtdredtbs(64]2)fceltoa
poinl at the division lines ofLo\:l
Nos. ]61and]62;thenceSooth69
dogrees.55 nUnuW, West wong
...iddi\'1sioulineeighty.eJghland
ninehtmdredths (88.09) fcel to a
point WIthe Eastern side of
Courtland Stn:et; thence Nmth20
degrees 39 minu\es We!It along the
aforementioned Courtland Stm!l
ftfty-ooeandlhirty.-eighlhwtdredlhs
(5U8) fcelto a point tbence
COIltinllingalong,CourtIand Street
inllllarctotlterightWllhamdius
of One hundred five and sevemy_
eight burulJedths (l05.78) feet the
arcdistaoceofSJXty-sevCltand
thirty-ninehundred.Ihs{67.l9)feet
10 a point the PLACE OF BE-
GINNING.
IT BEING Lol No. ]61 on
Genl!lll! Plan of Section 2l1J1d3
CIeKrvi",,' FartnIi, whj.h plan IS
recorde.linPlanBool;g,Page6,
CumberlandC01lll!y
HAVING then:on erectOO "
spht.level htid and frame dweil-
inghouse knov.n 1lS4704 Court_
landStreel
BEING]lI1II or the same tracl
ofgrounuwhicltNeb;onImprove-
menl IIltd Development CoJpo_
ration bj'Deed dated the 15th day
of August 1960, and reoorded in
and for the COllDty ofCwnberland
in Deed Book 2, Volume ]9, Page
40 granted and conveyOO W110
Robert I-i Snyder and PatricIa J
Snyder, hi, ;..o'e, of Hampden
TownsI1ip, who lIIe both llOW
"""""
ANDtheGranlorswillWtilrllllt
special]ythe property hereby con-
veye<i
Being Parcel #Hl-21.{1279_]44
TITLE TO SAID PREMISES
i~ vested in Doaglas E. Wilhelm.
Jtmior, and Lisa H Wtlhelm,
husband and wife, hy Deed from
Robon H. Snyder lIJId Kristy L
KessICJ,ExoeutorsoftheE!<tateof
Patri"iaJ. Snyder, dated 12130197,
=de.l 1/2/98 in Deed Iloo~
170,p"ge265
Prmn=: 47(14 Courtland Street,
,
Camp HiIl,PA 1701]
REAL ESTATE SALE No, 55
Writ No. 2005-1806
ClYllTerm
ABNAmIlJM~Group,lnc.
V.
KennethJ.Polekand
HelltherAPolek
B/k/aHea1herAHru5ka
Any: Daniel SChmiee;
DESCRIPTION
ALL lHATCERTAINtractof
land siluate in Monroe Townsbip,
Cumberland County, Pc:ntI!ly]vanill..
more pmtieulllIly identified lIS
follows
LOT NO, 6 on \he Final Sub-
divuoou Plan for Lisbum Me1I-
dowsEstales-South,recordlldin
the Office or the Recorder of
Deeds in Bnd for ,Cwnberltmd
County, PennsylYIDUll, U1 Plan
Book 75,Page 128, et.e,j-, the
metes Bnd bounds descnJltmn for
wbicl1]otllfeltifollows
BEGINNING at a point along
the!i01ll:h= tighI-of-m1Y line of
Lisburn Ruad SR 2004 (50 feet
right-or-way) on th~ diVIding lme
of Lot No. 5 lIJId Lot No. 60flbe
aforementioned Plan; \hencealoog
said Lisbum Road North 72 de-
grecs5llminutes28secondsWest
adilllancl: of200.00 feet to apomt
althedividinglinel:>etw=tLot
NO.6 and Lot C of said P1l1J1;
tbence a1llIlg said dividing IiDe
Nortlt]7 degrtlC! 0] mlI1llles 32
seconds East a dislallce of 406.76
feet to a poinl; thence South 48
degree,]2minIlles49",conds
East a distance of 7707 feel toa
point;thenoeNorth7]degrt:es49
minutes 51 seconds Ea:lt a distance
of2!l4,]g feet to a point; tbcnce
South 18 degree, 10 minuleS09
=crnds East a distance of 102.15
fee\toapointonthedividing1me
ofLotNo.5mtdLotNo6.of~ld
Plan; thence along satd diVldD1~
line South 7] degrees H rnmutes
05 seconds West a distance of
197.81 feet to "poinl 011 the
dividing1ineofLotNo.5andLol
NO.6 ofSllid Plan; 1hence along
said dividing line Soutlt]7do_
gn:esOlminutes32SC1Xl11dsWest
adi5lal1Ceof340.oofeetto"poL11l
crn the.outhem rigltl-of_Wtly 1me
of Li.burn Road, the point and
ph.ce ofBEGINNlNG
UNDER AND SUBJECT, IOeVI:r_
theless.tolboctmditinns,n.Srictiws
Ilnd l:lISeIIlat1sas nolwon \he
hereinabovo mentioned Final Sub.
divisioo I'Ian; AND SUBJECT,
furlhertotbeDeclarmionofPro-
ta1iveCClWIl8l1Is,Cmdttials,Restric-
ti()J1.'lalldResernltiomfur Lisbum
MealowsEslate<-SootltdatedOdo-
her28,1'1.l7,andrecordedin\be
Oflice or tile Recorder of Deeds,
aforesaid,inMisc,Book561,Page
585 ineluding but not limited 10
All drainage ea.'leII1e1lts and
delentionbasinsappliCllbloto.the
Itereindescn1>edlotll!lddetaited
onsaidFinalSubdivisionP]an
BEING the illIJIle premISeS
muobKronenberg.BndGroop.s
partncrshiPCOllS1s!tngofWtlhllD1
M Kronenberg,DooaldA Group,
])on,a]dAGroIlp,Jr.,lIJIdTonyD
('m>Ilp,bytheir""""datedApriI5,
2002,andrecordedApn]1(),2002,
in tile Office of tho Recorder of
Deeds in lIJId for Cumberland
County,Pennsylvtmia,in])eed
Bonk 25], Page 937, gmnle<llllld
conveyed unto Kennoth 1. Polek
IUtd HoaIherA Hruska, Gnllllor,
herein
BeingPlIICelll22_1ll-<1640-l)81.
TITLE TO SAID PREMISES
tsvestedinKennetltJ. Polek BlId
Heather A Po]ek, hullband and
wile, hy Deed from Kenneth J
PolllklUtdHeatherAArnw.now
by marri"lle, Heather A. Polek,
dated 1O/1102,reo:orded 10122102
in DeOOBook254,JIllge 809
Premi"", 1653 Lisburn ROIId,
Medlanicsburg,PA ]7055
REAL ESTATE SALE No. 56
Writ No, 2005-3521
Civil Term
Wells Fargo Bank Minne&Ota,
NA,aslndentureTrustBefor
the Countrywide Home LolIns
Trust2001,2oo1-HLV1,
SEIries 2001-HLV-1
'"
LefO)'B.5alisbury
Atty: Daniel Schmieg
DESCRIPTION
All the following desc:ribed
reaJ estate, tClf!etIter with intprove-
ments thereon <<ected.lying aud
boing situak in the Borough of
Shiptlll\lllbuJg. Cwnha:land County,
P=ylvania,bouudedand]ll1lited
lI.'Ifollows:
BEGINNING at ~ poinl on
South Perm Stm!l III comer of
lands DOW or flKII1erly of 10hn
Baer: thence by Somh Perm SIreet,
South about 10 feet to a point at
comer oflanda noW or fonner]~' of
Daniel A Orris andMDrion A
Orri', husband wxl wife; thenceby
said lands now Or fonnerly of
Dwtiel A Otris and Marion A
Orris, husband and wife, East
through the center Willi ofa two
lmdone.baIf,toryfnunesltingled
d"-elling,118feetmoreorless,1o
a point on line of lands now or
fonnerlvofEdnaWe8l:thenceby
said w;,ds now or formerly of
&!na West, North about 20 feet 10
II poinl at lartdsnow or formerly of
lolutBaer,thencebj,....idlllUds
now or fllfllleIly oflolm BlOer,
We.l ]]& feel, more or 1""s. to a
poinl on SonthPenn Streel,the
place of BEG INNING
The cenlerwall or division wl111
for pmnises No,,: 127-129 South
Penn s.1reeI, Sltippensburg. PA
shall be regsnled asa party wall
with all lhe rights and ineidents
thereto for the respective owners
ofew:hof8llidpremises]27and
129SouthPennStreel,Shippens-
~ TO SAID PREMISES
is ve8led inLcroy Bruce Safubury
by Deed from AmericanH<lusing
Trust, dated 6/7/95 and~corded
7/5/95,inDeedBookl24,P"lle
692
PREMISES BEING: ] 27 SO\Ith
Penn Street, Shippen.qburg, PA
17257
PARCEL #33.34-24]5-135
REAL ESTATE SALE No. 57
Wrtt No. 2005-2009
Civil Term
WelisFalgOBank,Naoonlll
A&sociation,asTrustae
'"
Chri5tDpherJ.Brutko
1UJy: Rob Saltzman
DESCRIPTION
ALL 1HAT CERTAIN hmlSe
and 1m of ground rIi\llaW in the
Second Ward of the Borough of
Caltisk,CWIbaIandC<<mt)',l'em--
.<yI-ua,OOtnIed>nl<brih:d""
follow!:
ON the Sou1h~'EastPomfret
Slreer: On l!te westby]Ol now or
fonno:rlyof A.ME, BetlteIChttrclt:
00 the Nort1\ bj' lut now or
fonnerlyofJolmC, Rasp and on
the East by Int nO\\'or formerly of
Sadie R Durnin
CONTAINING 16 feet, more
or less, in fronl on sai~ East
Pomfret Street and ex!I::nding III
deptlt at an even. width 12 Of ""'-to
saidlotnoworformerlyofJolm
c.Rasp
Having lltereon erected a two
lIJIdone.haIf!ll.oryframedwellmg
house known as 137 Ea!lt Pomfret
,-
The Eastern boundmy line of
the premises horeby conveyed
JlIISSC$through tbe center of the
pattitiun WIliI belweeu \be house
en:cted on the]ot hereby conyeyed
and the house ere.led on the
adjoininglOlontheEBst
Being Parcel No, 03.2]-0320-
0311.
BEING KNOWN AS 137 E, Pont-
fretStm:1,Carlisle,PA]7013
REAL ESTATE SALE No. 58
Writ No. 2004-1501
Civil Term
Adams County NlItionlll Bank
Yo
ZeigJer"sGutf,LLC
Att;y: Edward G. Puhl
DESCRIPTION
ALL TIlOSE CERTAIN]o\:l of
ground, Ioll"lhCJ ,with improve_
ments \hereon, Slluate m WesI
l'ennsboroTov.nsbip, Cumberland
Co1lllt)', PennsylVllIlia, more spe_
cificaJlydescribedasfoHows
BEING loIS 46, 47,48 and 49,
as shown on PlllJl of Lois of Big
Spring Heights Extension No. ],
recordedinCumberlBrtdCoonl)'
PlllJl Book 4, Page 16. Saul lot,
are conliguous, fronting on Penn-
sylYania Route No, 641 (Carh~1e
Rood),each lot haYing a width of
fift~' (50) feel and exteruling a
unifonndepthofl;w()bundred
(200) feet to a twenl)'(20) foot
alley as s1t(1Wll 00 lheabove-
ref=cedplanof]olS
BEING the """'" JIftlIlllse8
whiobLynnE,Zeigleland.Dixie
L.Zeigla,husband~W1fe,bj-'
theirDeeddstedl'ebruary ]2,
1998 and recorded Fehruary]lI,
TerDlli
A........ I' the property h
lmockeddo1l'IItulp"n:bser,
IO-!. of lbe pllrdr.lse prieeor
III coil, whichever mlY be
hlper,lballbedellveredlo
Ibe Sberltf. If the lW_
payment I. 1101 made a.
requelted,lheSberlff1l'ill
dlrectlbeluclktroeertoruell
tbeproperry.
The ballnce dlle ,bill be
plld to the Sherifi' by NOT
LATI!Jl: THAN Tbunday,
De.. n. 2005 at 12:00 llOOIl,
Preva1lingThne,otha.....isellil
maneyprn10RtlYPlldwUl be
forfelled and tbepropeny wiU
be reI-Illd.." Dee, 28, 20M It
10:00 A.M. PRV:IlHngTlmelto
lbe Cumberland Coun!)'
SherifT'. Oftlce Court HOllie,
Clrlllle,PA.
REAL ESTATE SALE I>ATES
FOlI.lll\ffi-1OO6
su.u_
Mar. 11.2006
J1IM7,1006
Sept. 6. 2OlI6
CIIt-Olrll\oleo
Doe,7,100!i
Mu.t,lOO6
M8!ll,ZOO6
R. Thomas K1ine
Sheriff
CmaberlaJld County, Caru.le, PA
EXHIBITA'
Sheet No, 9
SHERIFF'S SALE
,
Wed., December 07, 2005
hounded arwJu..mbedssfull<JWS, 10
~
'BEGINNING a\ a point in the
center offue puhlic township road
lellding from the WiUiltllls Grove
Road 10 Trindle Sprinw. which
l<IlidpcintisSouthsevenly.fllUT
degrees thirty rninutesrwseconds
Wcsl(S74deg_30min. nOlle<:
W), a distance of fOllJhundre<l
lif\v.alIeandllOhlllKftdltul(459,OO)
feet lJmn the in1e=ction of tile
ccnter line of the Williauls Grove
Road with the center line of the
public T(>\Io'1Jship road. afore-
menti/lIled~ \henCt: along the line
of Uwds fmmetly of George Weir
Strocl; and RhPda A Stroclt,his
",ife DOW or Jill" oJ McGuire,
Souu.fl.fteen~thirtymi.tt-
UIe5,mdnllso:condsEll5l(SIS
deg_.1fJrnin,OO=_El,adi5tance
of two hurnlred and dl'Vell and
forty.hundJedths (211.40) fee\ to a
point in the Nortbem rigllt-of-way
lint.: of the PemtsylVllIlia Twnpike,
Northc:i!!hty-~degreesfifly-
fourminUll:'1Uldlhirtvseconds
West (N &7 deg, 54ntiil. 30_
W),adiSWlceofonehundredten
lIIIduohUlliJredth,(llO_OO)!eet,
more or lcs.s,lll a point in said
right-of-way line; thence along the
linepflllll<i forrnerlyofGeor~
WeirSlrockllIldRbodaA,Strock,
hi,wifc.oowor formerly of Lee
A Billa and Mary Bitler, his
wife, NotUl fJi\een oogrees thirty
minutes no se<:ond.s West(N IS
deg30min,()()sec.W),adistancc
of"""hUIldreJse""nly~t""d
fortv-hwulredlbs(ITh.4Qlfee\1011
poU;t in the ~ent.,,- of till: publi.
ToWl1Ship l'OIId afORSllid; thence
a1lmllth. = line of..oo road,
NortI1 se"""h,~four degree. thirt}'
minutes no Nronds East (N 74
deg ~(Jmilt 00 ""c.E), ~distwu:e
ofonenllTldred five lUld no hllTl-
dn:dIhs (105.00) feet 10 a point III
the plaoe of BEGINNING
UNDER AND SUBffiCI,_-
thdess. to all restrictiow. =erva-
tions."""ditions,coveJllll\lll,ease-
mmUiandrighlsofwaj'ofprior
re_
HEING the :ilITIlO premises
whichToddLDunCllTl.~ingleper-
""1'1, \\:00 The Homemtlld Group.
Inc, a Pennsylvllllia Corporation.
In'deeddaledNovembefI4,200l
and ",corded Ooc.ember 11,1001
in Cwnber]lIIld County in Deed
Book Volume 249 at Page 3007.
grante:landconveyedllDtoJamec
H,~llIldVi~l.BuifIll8'"
ton, his wife
BEING KNOWN lIS 719 Sin-
d~ir Rood, Mechanicshurg, PA
17055
PARCEL #42-10-0644-008
REAl...ESTA.lESIIlENo,6:l.
WrIt NO. 2005--55
CiYllTerm
PNC B8!'.1<.. Ne.tiO-ne.\
Ass0ci8tiClfl
...
StevenJ,Cllpwlnoand
KimberlY L capuano
Atty:G6aIfreyShllff
DESCRIPTION
PARCEL NO I: ALL 1llAT
CEIlTAINln>C1-ofland silUlll:eill
SouIhMidddonTO'Ml!tUp.Cumhor-
IandColllly,PennsyI\l8Dill,boot1<b:I
IIllddescrihedpllf!l\llllltlOa~'
hy Noel B. Smith, RegistJ:red
Surveyor,datedMmclt6,]976,1llI
follows
BEGINffit.lG lit 1m iron.ym 00
thcWe!lt=lsidcofaplllJl"'l"'l
sln:ct,said point beinj! 700 fee1,
mm'e or ]es.., in a Northerh'
di=tionalongtheWesrerl\side~f
saidpropoaed street from the
Northern side of L.R 21008,
thencetoand~landt\O.wor
fo:nnerlv of Richllnl L Shennan
and DOris M. Sbemum, his wife,
Soufh 84 degrees 12 minw.::s West
155.65 feel 10 lUl iron pin,tbenoe
by the lIIllIle,North2 dewees44
minutc!;40~Westl66S4
feet 10 ~ post; thaICe by the same,
North 12 degrees 2 min\lleS 40
second.l:EastltlO.S3 feet to I
stake; then"" hy land pow or
formerlY of Ted R. Sho~t II/llI
Kallll".u M. Shover, his wif~
Sautl;T7degreer.41mmu\eO,Eallt
]51.38 feet to II point on the
We~l side t>flhe proposed
SItcct afOJesllid: thenoe by the
Westerll side of said propo.ed
slreel,South12degrees17min-
utesWeslJ69.:Wfeeltoapoi!lt,
thenoe<:cmti\1lliI\i.~IheWest<m
sideofSllid~sln:el,Soulh
5~es48minutesEaJ!t]J(J66
feet 10 the place of BEGINNING
CONTAINING 1.124 acres.
BEING the same premises
which Jooeph V. Capuaru> and
Nancy P. Capwtno. ttis wife, by
lbeirdeedwn..dDecelllher4,
2000, II/llI r=ded in the Office
of the Recorder of Deeds in and
fcrCumherilmdCoWtty. fennsyl-
vanil,on~cePlhc:tS,ZOOO,in
Book235,~e855,gllUltedand
conveyeduntllSlephenJ.Co.;mann
IIlIdKiPlherlyL.CapIano.hismfe.
TAX PARCEL ~40_31_2187_
052
PA1K'EL NO 2: ALL THOSE
TWO CERTAIN tracts of land
with the improvement. thereon
eres:tedsitu&tein SoulhMiddJe.
tomtTO\WShip,CumhrlmdColmIY,
Peno.ylvania, bounded II/llI de,
Sl:TibedI. follo"'s
TRACl NO. 1: BEGINNING
lit an iron pin 00 the westem side
ofWoodctaftDrive(50feetwide~
said point hein~ 350 fOld. in a
Nortbwmllv dinlction from the
edgeofLR21008,and25feetin
~ we!<tal)' direction from the
ceIlIetlineoftllesaidWoodcmft
Drive:: thenoe by land now or
fonnerly of Mernn G. Coyle.
South 84 degrees 12 rnituJ\elI We!lt
150 feet 10 a stakc; theru:e by land
now or f011llellv of the P Lutz
Estate, North '06 degrees 43
minutes Wes\ 200.02 !eel to a
stake. being thO:! southwel;lcomer
of other land OOW or formerly of
Lloyd E. Herman, Jr, wid Ruth
AnnHennan;then<:ebylllidother
landnoworforme:rlyofLloydE.
HermtIrl, 1r. Mid Ruth ArIIl Her-
rnan.North M degrees 12 miPules
Eom 15.1.25 feel 10 a point on the
westemsirleofthesaidWoodcrafl
Dtive; thence by the \\eStern.ide
of the Slid Woodcr1lft Drive, Soofh
05do;gree:.4Sminutes.Easl2oo
feet toao ircm pin, the plaoe of
BEG1NNlNG
CONTAINING 527 acres. and
heingimprovedwithaCOJlC['ll\e
block building.
TRACT NO.2: BEGINNING
at II poinl Ollthe western line of
WoodcmftDtivelltthenertheaSl
comer of other land now or
forrnerlvofUoydE.HenMnlllld
Rulh km Herman: theIlcehysaid
otbe.- land now or fonnerl)' of
Lloyd E. Herman and Ruth Ann
HermIm, South 114 degrees ]2
minutesWestlSJ,25feettoaline
of land now orformOT\v {lfMervin
G. C<,yle: thence by Ilmd now or
form...ly of Mervin G. Coyle.
NorthO-~degr"""'43minUleS~'elll
1O() feet to a point; thence by the
serne. North 114 degrees]2 min-
ntesf.llSlI54,g7fcettothewesl-
erl\line"fW~t\Drive,
then"" by th~ sWd Woodcraft
Drive, South 05 dell"ees 4S min.
Ul.esEast 100 feettoapoint,the
plal:eofBRGIJoJNING
BEING the 8ame~'
much Michael A. MarhevJ.:a, Jr.a
"in!',!e person. \J;'bis deed dated
Seplemher'14.2000,lIndn:corded
on Septembet IS, 2000, in the
Offioe o(the ReooJder of Deeds in
and for CwnbelUnd CouIlty in
Book1l9,Page241,grBlltlldllld
o:.oo~cd\ll\\l:IS~J.c..pI1IIlI>
andKinl!JerlyL.CIlp\l8lKJ.hns-
band IInd wife.
TAX PARCEL '40-Jl_2187_
053.
REAl ESTATE SAlE No, 62
WIlt No. 200&-2286
ClvllTerm
MortpgeEIBCtronic
Reptnl.tion~,11\C
...
SteveLNennlnprBnd
SusanE.Nenru,*r
Att:y. Mart( Udren
DESCRIPTION
ALL TIIAT CERTAIN lot of
grolllldlNithhuildiPperededthcn>
00, liiTJW\e in Ncrll NewlOn iOml-
llhip.Cumherlln:lCounTy,holnsyl-
VBIlia.bowidedanrlrlescribedllS
follows'
BEGINNING ,uaJX>intlll the
cenler of the Ril:n<:ll" Highway (US
Route No. II) comer of land
for1l\efly uf Louise L. Thomas.
now or formerly ofGlady&Sour-
~,1henceoowlrfoma1yahmg
the land of the said Gladys Sour-
heer, North 45 degrees West, a
di8bmceof283feettollpoiut
marked by an imn pin; the:nce
Ill""l! hm<l:ifwuerly ofQrissin-
ger. now or fonnerly of Koser.
Sonth42Y< degreesWe:st, adi..
tan~oflOlfcettnapointmarklld
by III iron pin: lhln:ebylaPdafoc-
merlyofFloyd,POVl'ocformer]y
of Kose:t, SoulhZ7 de(<rees 2495
:5:et\clljlOintin1he-uml.erof1he
aforesaid Ritner Highway: thenee
aiong \be center cfthe said Ritner
High\>1lY. North 57 degrees 40
minules East, a di8bmce of 185
feet to a point. thep1ace of BE-
GINNING, CONTAINING 0.82
= ltI\I1"ell< 10'ilS
BEING KNOWN AS: 1817
Ritner High'Mlyo, Shippensbwg,
(North Newton TowtWrip), PA
17257.
PROPERlY ID ~30_11-il304_
001.
TITI..E '[0 SAID PREMISES
is vested in SIeve L NdB!inger
andS~E.NdlIlinger,busband
widlNife.byDe<:dfromJanetF
Myen,widow,dated08I2;;191re-
corded 09fl1l91 in Deed Book
IDS I'ag<: 708.
T.......
As_a I. the propel1y U
1ul000krddowlltoapllrclla.er,
lI~.ortMpllrdla""pMor
all toIt, wblcl",ver ma}' be
h1gher,llWlt>edeltw;M\1l
the Sheriff: If lbe 10%
payment h IIpl Illade as
re'l.....1ed, the Sberift' will
dlre<tllleauClltuleertore'olJ
tbeproporty.
Tbe tlalUlce lllle .hall he
paid. 10 tU Sherltl by NOT
LATER THAN Tbunday,
Dec. u,2OO1!at 12:00nooll,
PI't'\'1lllingUme,lIfher-wiIeall
money prevloullypald'll'lll be
forfeited and tM properly will
be .....old 011 Dee. 28.1005 at
IO:OtlA.M.P~Tlmetn
lbe C'lDher]..,d C....nty
Sheriff'. Oflke Coun "Ollie,
CarUoJ..PA.
By virtue of cerllIln Writa 01
Eltecution, IlBUed oulofthe
Court 01 Common PI_of Cum-
berl.nd CoOOI)'. Penl'l&)'lVllnl..
and to me directed. I WillUjlOH
at pl.lbllenle by pubBe venue or
oUCCfY, at the cumbenand
County Court HOUle. In 1M
lklrotJWIofC&r!Iale,Pennaylvani.
lit 10:00 o'clock A.M. PMvtI.ng
TlIToo: on 1tle- \Ibcffe llll\~, 1M
herlllnafter mentlllflecl [fIal
......
All partlll& In inttlreet and
Claimantll Ire ""reby notiflec:l
that a Icheduieof Diltrlbution
wllllJellledbytheShertfl'January
06,2006thatdllltributionwillbC!
mad.. In accord.noe wtth aald
acheduleul\lllllllW:eptlDOBalll
fll~lltl'l8nll:D\lfI\I1intl!n 11.0) 1I&y1
thefelna!tllr.
1995 in the Office of the Recorder
of Deeds of Cwnherlwtd COUllt'l
in Deed Book 172, Page 241<,
gnmtedandCOIIveyedlllrtoSteveI!
M. Stonehntker, single mlII\,
Grarlto.-herein
REAL ESTATE SALe: No. 59
Writ NO. 200&525
CMITerm
WM Specialty MortgagEl. LLC
without recourse
...
Bobbil!JoZeigler
Atty:RichllrdSctuire
DESCRIPTION
ALL THAT CERTAIN 101 or
tnlctofllmdsitullteiIttileTo'IIII-
ship of Lower Allen. County of
CwnherlandllPdStaleofPenn.yI,
VlIIlia, more pwtiC1Ilarh bmmded
anddescribedllSfollows.to"-it
BEGINNING at a point on the
southsidcofChe:stnutStreellllfhe
<:or1lf:I" of Lot No. 16 in the hercin-
Iller mentioned pllUl of lots;
thcnco lllong the south side of
CltestnmSueetNorth7lde~
51 minutes'Eaill7S feet toa point
tl1encealOOllthe line ofLolNo. 18
ill the hereinafter mentioned plan
oflotsSouthlRdewees9minw.::s
East 117AS feet lo a point; lhcn(:C
alOllg the line of land now or
forrnerlv ofLom:rAllcn Develop-
melIt COmpallySoufh 71 degrees 9
millUl.esWest75 feet 10 a poiPt;
thencealOPgthelineofLotNo.16
llfOll'saidNorth lSdegrce'l9mitt-
utesWest]18.4feettoapoint,the
p1accofBEOINNING
BEING laINo, 17 iu thePIIln
of 1-01. of Robert j Stoner aPd
CharlolleJ.$toner,hiswife.rnadc
Au~ust ~I, 1954,revi.w April 30,
1957, and recorded in the Office
of the ReooIder of Deeds in W1d
for CWlIher[.and CCUlIh' in Plom
Boo.k9.P,,&<,S
HAVING TIlEREOl'l eleeled a
d"'IIilin!lhoo8ekno\\nIl5J2Chelll-
nUl ~ UNDER AND SUBJECT
IOo::ondibrns,<=nellIS.restrictioo..
and coverwnlS of prior record
PIlr<:el ~l:l,2~..(jS55-(161
PropenyJ;nown. as 32 Chestnut
!'.uect,CernpHill,PAl1DJl
REAL ESTATE SALE No. 60
Writ No, 2005-384
Civil Term
Key Bank, USA NA
...
JBmesH-Eluffington8nd
V1ckiJ.Buftlngb::ln
Any: Greg:.ryJavardiBfl
DESCRIPTION
ALL THAi Cf:RT.-JN pie<:e
or parce1 of land situate in Upper
AlImTrMll<hip,L'nmteIandCoul11y.
PelllIsylvllmii. more partirularly
REALE;,1'ATEAALEDATES
JlOR1OO5-201'1f;
SoJeD_
Mar.lI.2006
J.....1.2006
1iept./>,2_
i'lll..()lC"IMtc.
Dec. 7. 2005
Mar. 1.2006
Moy)I.2(I06
R. Tbomas JUiDe
Sberilf
Cumber_ County. Cu1Isle, PA
~C'&
l~3li a. .
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O'~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff,
No, 2004-01501 Civil Term
v,
Action of Mortgage Foreclosure
Zeiglers Gulf, LLC,
Defendant,
MOTION FOR CONTINUANCE
AND NOW, this 30th day of January, 2006, comes Adams County National Bank, Plaintiff,
by its undersigned counsel and, pursuant to Pa, R.C,P, 216, respectfully requests the Court to
continue the Sheriff s Sale in the above-captioned proceeding, and in support thereof, represents:
1. A Sheriffs Sale of real estate was previously scheduled for December 7, 2005,
pursuant to the writ of execution issued on the judgment entered by Plaintiff against
Defendant.
2. In order to give the Defendant time to try to sell the real estate, Plaintiff asked the
Sheriff to continue the December 7th, 2005 sale to February 1, 2006,
3. UnderPa, R.C,P. 3l29,3(b), a sale can be continued only once without new notice,
except by court order.
4. The real estate, known as 8 Carlisle Road, Newville, P A, is currently under contract
but settlement has not yet occurred, In order to give the parties time to settle,
Plaintiff and Defendant now request that the Sheriff s Sale be continued a second
time, without additional notice, to May 10, 2006,
1
5. Defendant's counsel, Hamilton C. Davis, Esquire, concurs in this request for a
continuance,
WHEREFORE, the undersigned requests this Honorable Court to continue the Sheriff's
Sale to May 10, 2006, without additional notice being required,
Respectfully submitted:
PUHL, EASTMAN & THRASHER
By rd~lI?~
Edward G, Puhl, Esquire
Attorney ID No, 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, P A 17325
(717) 334-2159
2
7'
<::&.
\-;::~
C_,_~
Cls't,:
~\----l:
T-l.i'c::,
(0\5:,
~c\1
!j:'.J.-
y
'6
c'">
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~
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D
I 'r ~I ~ \ "i1'!J'
."-" " LUU!)
IN THE COURT OF COIVIMON PLEAS
OF CUlVIBERLAND COUNTY, PENNSYL V A.c~1A
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff,
No. 2004-01501 Civil Term
v,
Action of Mortgage Foreclosure
Zeiglers Gulf, LLC,
Defendant.
kwlktag" 010789318
11I111111111111111111I11111I1
ORDER
5(
AND NOW, this :)\ day of January, 2006, upon consideration of Plaintiffs request
for a continuance and Defendant's concurrence with that request, it is hereby GRANTED and
ORDERED that the Sheriffs Sale of Defendant's real property, known as 8 Carlisle Road,
Newville, Pennsylvania, is continued until May 10, 2006, and additional notice is not required,
BY THE COURT:
\{Wr
J.
cc: Wward G, Puhl, Esq., 220 Baltimore Street, Gettysburg, P A 17325
.--Hamilton c. Davis, Esq" P,O, Box 40, Shippensburg, PA 17257
,.Arlene R. Schuler, Esq" One MeIitia Drive, Lexington, 02421
,J
\0
\D
0\')
>- r-
~ ..:1' >-.
c-
~- ;::-
wQ "",
,~~,~ :1!: :~~:1f
~.~ 0- -'
- :=:.;:
(.i .::;:!
, ,'~
_, t;,~
Wu... C'? (j:,
,_.J.tu ~ ,..1 .~
:.J...jE ...~ ..::~
-, ,:JLl.J
U.)o.....
LL "'" :5
0 <=
<=
c-.... U
-,-~--
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Eric J Detweiler is the grantee the same having been sold to said grantee on
the 10 day of May A.D., 2006, under and by virtue ofa writ Execution issued on the 6th day ofSeot,
A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1501, at
the suit of Adams County Natl Bk against Zeiglers GulfLLC is duly recorded in Deed Book No. 275,
Page 1223.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
.1..,J-.-
day of
'tu--L , A.D. 7-...0 u (,
'-JfVyV"'-;l- b .j-y~. rUr~
y ecorder of Deeds
~-- if UtM. ~~~ Countr. Cllllll,PA
'4rCtw~ ExpiII.. FIIIt.....,tt__
Adams County National Bank
VS
Zeiglers Gulf, LLC
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-1501 Civil Term
Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, states
that on Sept. 26,2005 at 3:49 PM, he served a true copy of the within Real Estate Writ,
Notice of Sheriffs Sale and Description, in the above entitled action, upon the within
named defendant, to wit: Zeiglers Gulf,LLC, by making known unto Jeffrey Zeigler,
adult in charge, at 35 Fish Hatchery Road, Shippensburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on October 13,2005 at 8:44 o'clock P.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Zeiglers Gulf, LLC located at 8 Carlisle Road, Newville, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Zeiglers Gulf, LLC, by regular mail to their last known address of 35
Fish Hatchery Road, Shippensburg, P A 17257. This letter was mailed under the date of
October 06,2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on May 10,2006 at 10:00 o'clock A.M. He sold the same for the
sum of$164,334.93 to Eric J. Detweiler. It being the highest bid and best price received
for the same, Eric 1. Detweiler of 141 Doubling Gap Road, Newville, P A 17241, being
the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $170,741.03.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
$30.00
3,286.70
15.00
15.00
30.00
10.00
.50
1.00
29.76
9.30
Levy
Surcharge
Postage
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
15.00
20.00'
.74
263.00
317.36
20.89
25.00
39.50
$4,128.75
S.o An~:,~~,p~
~ . ~
r ' --
R. Thomas Kline, Sheriff
ByJ ~ d.... ~
Real Estate ergeant'
/ ~ 'fIb ~/tJt,
~pJ
JD~rt> ~,
"J) \-'
~.... J..
/. ';0'
Lk. 51.{ 'I y'f'
d'L 119'lt"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
No. 2004-01501 Civil Term
v.
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Adams County National Bank, Plaintiff in the above action, sets forth as of the date
the Praecipe for Writ of Execution was filed, the following information concerning the real
I property set forth on Exhibit "An attached hereto.
1. Name and residence address of owner.
Zeiglers Gulf, LLC
35 Fish Hatchery Road
Shippensburg, P A 17257
2. Name and address of Defendant in the judgment:
Zeiglers Gulf, LLC
35 Fish Hatchery Road
Shippensburg, PAl 7257
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Fanners National Bank of Newville, a division of Adams County National
Bank, P.O. Box 3129, Pennsylvania 17325. Plaintiffinjudgment entered to
No. 2004-01501.
4. Name and address of the last recorded holder of every mortgage of record.
Fanners National Bank of Newville, a division of Adams County National
Bank, P.O. Box 3129, Gettysburg, P A 17325. Mortgagee in instrument recorded in
Mortgage Book 1735, at page 2590.
I
II
II
II
II
II
1\
Ii
II
I
Gulf Oil Limited Partnership. Mortgagee in instrument recorded in Mortgage
Book 1567, at page 207, subordinated in favor of the instrument recorded in Mortgage
Book 1735 at page 2590 by agreement recorded in Miscellaneous Book 682, at
page 357.
5.
property:
Name and address of every other person who has any record lien on the
Cumberland County Tax Claim Bureau, Cumberland County Courthouse,
1 Courthouse Square, Carlisle, PA 17013-3387
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
None known to Plaintiff.
7. Name and address of every other person of whom the Plaintiffhas knowledge
who has any interest in the property which may be affected by the sale:
Pennsylvania Department of Environmental Protection, P.O. Box 8763, Attn.
Dennis Matalavage, Harrisburg, P A 17105-8763 for underground storage tank
registration fees.
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made
subject to penalties of 18 Pa. C.S."4904 relating to unworn falsification to authorities.
PURL, EASTMAN & THRASHER
~11
i -'"' ~
Dated: ".. M:?~ b'f C"'cS-
h ~~... ,/'
, " ,_ f
{, .~~
Edward G. Puhl, Esq.
Attorney for Plaintiff
Attorney J.D. #55709
220 Baltimore Street
Gettysburg, P A 17325
(717) 334-2159
By:
II
, .
LEGAL DESCRIPTION
ALL those certain lots of ground, together with improvements thereon, situate in West
Pennsboro Township, Cumberland County, Pennsylvania, more specifically described as
follows:
BEING Lots 46,47,48 and 49, as shown on Plan of Lots of Big
Spring Heights Extension No.1, recorded in Cumberland County Plan
Book 4, Page 16. Said lots are contiguous, fronting on Pennsylvania
Route No. 641 (Carlisle Road), each lot having a width of fifty (50) feet
and extending a uniform depth of two hundred (200) feet to a twenty (20)
foot alley as shown on the above-referenced plan of lots.
BEING the same premises which Lynn E. Zeigler and Dixie L. Zeigler, husband
and wife, by their Deed dated February 12, 1998 and recorded February 18, 1998 in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 172, Page 241,
granted and conveyed unto Steven M. Stonebraker, single man, Grantor herein.
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.
2004-01501 Civil Term
v.
Zeiglers Gulf, LLC,
Action of Mortgage Foreclosure
Defendant
NOTICE OF SHERlFF'S SALE OF REAL PROPERTY
PURSUANTTOPA.ltCP.3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday,
December 7, 2005, at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE
SQUARE, CARLISLE, PENNSYL VANIA 17013-3387 at 10:00 A.M., prevailing local time.
I
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
I
THE LOCATION of your property to be sold is:
8 Carlisle Road
Newville, P A 17242
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
Civil Action No. 2004-01501.
The name of the owner or reputed owner of this property is: Zeiglers Gulf, LLC.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes), will be filed by the Sheriff within ten (10) days after the sale and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of
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Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013-3387, (717)765-2641, Ext. 27.
THIS PAPRR IS A NOTleR OF THR TTMR AND PT~ACE OF THR .~AT,R OF YOUR
PROPRRTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
THR '~1?GAL RIGHTS YOU MAY HAVl? ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County, to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney for
the creditor at least two (2) business days before presentation to the Court and a proposed order or
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WRIT OF EXECUTION.anti/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 04-1501 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK Plaintiff(s)
From ZEIGLERS GULF, LLC, 35 FISH HATCHERY ROAD, SHIPPENSBURG PA 17257.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 8 CARLISLE ROAD, WEST PENNSBORO TWP., NEWVILLE PA
17241 (SEE LEGAL DESCRIPTION) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $160,163.94
Interest FROM 9/1/05 AT $25.67 PER DIEM
L.L. $.50
Atty's Comm %
Atty Paid $123.80
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: SEPTEMBER 6, 2005
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name EDWARD G. PUHL, ESQ.
Address: 220 BALTIMORE ST.
GETTYSBURG P A 17325
Attorney for: PLAINTIFF
Telephone: (717) 334-2159
Supreme Court ID No. 55709
Real Estate Sale #58
On September 12, 2005 the Sheriff levied upon the
defendant's interest in the real property situated in
West Pennsboro Township, Cumberland County, PA
Known and numbered as 8 Carlisle Road,
Newville, more fully described on Exhibit "A"
(-J
c::u:u
CUi]
&::::J
@e>
I1iiiJ
filed with this writ and by this reference incorporated herein.
Date: September 12,2005
By:~}h'i Lk tvvuth
Real ist~t~ergeant
:::s
--
.. "
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
smce;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and
8th day(s) of November 2005, That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317,
PUBLICATION
COpy
REAL ESTATE SALE No. 58
wrttNo.2004-1501
Civil Term
AdamS. County NatIonal Bank
Vs
ZeIgler's Gu". U.C
Ally: Edward G. Puhl
DESCRIP110N
AlL TIlOSE CEKI'AIN lots of ground. togetbcr
wilh improvements thereon. situate in West
Pennsboro Township.. Cumberland .County.
Pennsylvania. more specifically described as
follows:
BEING Lots 46. 47. 48 and 49. as ~wn on
Plan of Lots of Big Spring HeightsExtenSlOO No.
1. recorded in Cumberland County Plan ~ 4.
Page 16. Said lots are contiguous. fronting on
Pennsylvania Route No. 641 (Carlisle Road). ~h
lot having a width of fifty (50) feet and extending
a uniform dep1h of two hundred (200) feet to a
twenty (20) foot alley as shown on the above-
referenced plan of lots.
BEING the same premises which L~ E.
1IitfIa.. DiJitL................ -,by
tIIIir ))eeIl........., 11, 1_ .......
~ 18.1998 ill _0Iirie. cia......ci
DeIlII ci ~ Cauay iIl))eellluak tn.
PIF 241. granted and conveyed unt? Stev. M.
Stoneblaker. single man, Grantor herem,
NOTARY PUBLIC
My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
. .
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEAL TH OF PENNSYL VANIA
SSe
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
October 14, 21, 28, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
,--
tor
SW' TO AND SUBSCRIBED before me this
28 day of October. 2005
~'1-~~l;y.~r-~J
1 NOTNili\;3E:,.,~ ..
1 LOIS E. S!'.JYDE\\
~'~(.; ;" :('!;~S. O~~1
REAL ESTATE SALE NO. 58
Writ No. 2004-1501 Civil
Adams County National Bank
vs.
Zeigler's Gulf, LLC
Atty.: Edward G. Puhl
EXHIBIT wA"
LEGAL DESCRWflON
ALL those certain lots of ground.
together with improvements thereon,
situate in West Pennsboro Town-
ship, Cumberland County, Penn-
sylvania, more specifically described
as follows:
BEING Lots 46. 47. 48 and 49,
as shown on Plan of Lots of Big
Spring Heights Extension No. I,
recorded in Cumberland County
Plan Book 4, Page 16. Said lets are
contiguous, fronting on Pennsylva-
nia Route No. 641 (Carlisle Road),
each lot having a width of fifty (50)
feet and extending a uniform depth
oftwo hundred (200) feet to a twenty
(20) foot alley as shown on the
above-referenced plan of lots.
BEING the same premises which
Lynn E. Zeigler and Dixie L. Zeigler,
husband and wife, by their Deed
dated February 12, 1998 and re-
corded February 18, 1998 in the
Office of the Recorder of Deeds of
Cumberland County in Deed Book
172, Page 241, granted and con-
veyed unto Steven M. Stonebraker,
single man, Grantor herein,
..
SCHEDULE OF DISTRIBUTION
SALE NO. 58
Date Filed: June 09, 2006
Writ No. 2004-1501 Civil Term
Adams County National Bank
VS
Zeiglers Gulf, LLC
8 Carlisle Road
Newville, PA 17241
Sale Date:
Buyer:
Bid Price:
May 10, 2006
Eric J. Detweiler
$164,334.93
Real Debt:
Interest:
Attorney Costs:
$160,163.94
6,443.17
123.80
Total:
$166,730.91
DISTRIBUTION:
Receipts:
Cash on account (09/12/2005):
Cash on account (05/1 0/2006):
Cash on account (05/25/2006):
$ 2,000.00
16,433.50
154,307.53
Total Receipts:
$172,741.03
Disbursements:
Sheriffs Costs
Legal Search
State Transfer Tax
Local Transfer Tax
Deborah W. Piper, Tax Collector
Cumberland Co Tax Claim Bureau
Attorney Edward Pool
Adams County National Bank
Total Disbursements:
Balance for distribution:
So Answers:
r~~/~
R. Thomas Kline
Sheriff
$ 4,128.75
200.00
1,459.70
1,459.70
378.12
4,254.14
2,000.00
158,860.62
($172,741.03)
0.00
..
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED,
SHERIFF SALE NO. 58
As advertised for sale to be
Held Wednesday, December 7, 2005
Date: May 10, 2006
T AXES: Receipts for all taxes for the years 2004 to 2005 inclusive. Taxes for the current
year 2006, TAXES ARE DELINQUENT AND PRIOR TAXES ARE NOW DUE TO THE
T AX CLAIM BUREAU. SEE ATTACHED TAX CLAIM PRINTOUT.
WATER RENT: Company assumes no liability for private supply of water or
sewer,
SEWER RENT Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims,
MUNICIP AL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below,
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2006, and recorded
, 2006, in Cumberland County Deed Book , Page
RECIT AL: Being the same premises which Steven M, Stonebraker, single man, by deed
dated October 4, 2001, and recorded October 11, 2001, in the Office of the Recorder of
Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 248, Page
3655, granted and conveyed to Zeiglers Gulf, LLC.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should
be established to the satisfaction of the closing attorney acting for this
Company,
2, Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage
in area and encroachments which an accurate and complete survey would
disclose,
4. Payment of State and local Real Estate Transfer Taxes, if required.
5, Public and private rights in the roadbed of Carlisle Road and in an unnamed
public alley,
6, Articles of Agreement releasing interest in and to alley at the rear of the
property by instrument recorded in Cumberland County Miscellaneous
Record Book 568, Page 749.
...
7, Rights granted to Pennsylvania Power and Light Company by instrument
recorded in Cumberland County Miscellaneous Record Book 88, Page 476.
8, Building and use restrictions imposed by Deeds of record for other
subdivided lots which may be imposed by implication on the subject
premises, Restrictions recorded in Deed Book "V", Volume 15, Page 325,
9, Mortgage in the amount of $70,000.00 given by Steven M, Stonebraker to Gulf
Oil Limited Partnership, dated August 30, 1999, and recorded August 30,
1999, in Mortgage Book 1567, Page 207. Said mortgage was subordinated in
favor of Farmers National Bank of Newville recorded October 30, 2001, in
Miscellaneous Record Book 682, Page 357,
10, Mortgage in the amount of $200,000,00 given by Zeiglers Gulf LLC to Farmers
National Bank of Newville, a division of Adams County National Bank, dated
October 4, 2002, and recorded October 11, 2001, in Mortgage Book 1735, Page
2590,
Complaint in mortgage foreclosure filed by Adams County National Bank, as
Plaintiff against Zeiglers Gulf, LLC, as Defendants in the Office of the
Prothonotary of Cumberland County on April 8, 2004 to File No. 04-150l.
Judgment in the amount of $160,163.94 entered September 6, 2005,
11. Satisfactory evidence to be produced that proper notice was given to the
holders of all liens and encumbrances intended to be divested by subject
Sheriff Sale.
12, Real estate taxes accruing on and after July 1, 2006, not yet due and payable,
It is to be noted that no search of Domestic Relations Records has been
made to determine support arrearages regarding House Bill 1412, Act 58 of
1997, nor has any search been made for environmental liens in Federal
District Court.
j,~--
Robert G. Frey, Agent
Note: This Title Report shall not be . or
binding until countersigned by an authorized
signatory.
13530005242006
CU4656
5/24/2006
******** DIST/CTL 46
, .
CUMBERLAND COUNTY TAX CLAIM BURE~U
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
1935 ********
TAX CLAIM INQUIRY
ZEIGLERS GULF LLC
35 FISH HATCHERY ROAD
SHIPPENSBURG PA 17257
46-WEST PENNSBORO TOWNSHIP
21050-BIG SPRING S.D,
STATUS C
DATE
01/19/05
01/19/05
01/19/05
01/20/05
CODE DESCRIPTION
200 CTY-WEST PENNSBORO
250 CLB-WEST PENNSBORO
300 MUN-WEST PENNSBORO
400 SCH-BIG SPRING
01/19/05 201 FILING FEE
02/03/05 202 POSTAGE RET & CLAIM
SITUS-8
CARLISLE ROAD
PHONE 717 240-6366
FAX 717 240-6354
REM ARK S
CH 11 04-02965
PROPERTY-BIG SPRING HEIGHTS
DESC -LOTS 46-49 EXT 1 PB 4 PG 16
-Commercial - Combination
BOOK/PAGE
LAND USE
ACREAGE
VALUE
00248 03655
CC
.920
145,970 VALUE C&G
RECEIPT
NO TAX
208.39
19.68
21.81
1184,68
PENALTY
20.84
1. 97
2.18
118.47
INTEREST
24.96
2.40
2,56
142.24
2004 TAX TOTAL
2004 FEE TOTAL
2004 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
- - - - - - - - - - - - - - - - - - - - - -
01/19/06 200 CTY-WEST PENNSBORO 292,82 29.28 8,80
01/19/06 250 CLB-WEST PENNSBORO 26,27 2.63 .80
01/19/06 300 MUN-WEST PENNSBORO 31.16 3.12 ,92
01/20/06 400 SCH-BIG SPRING 1806,38 180,64 54,20
01/19/06 201 FILING FEE
02/08/06 202 POSTAGE RET & CLAIM
MISC RECEIPTS - - - - - - - - - - - -
2005 TAX TOTAL
2005 FEE TOTAL
2005 YEAR TOTALS & BALANCE
ESTIMATED BALANCE DUE NEXT MONTH
CLAIM TOTALS
ESTIMATED TOTAL DUE NEXT MONTH
PAGE
1
CERT MAIL-R/C 98337
CERT MAIL-SALE
MAP NO 46-20-1756-026
CHARGES
254.19
24.05
26.55
1445.39
PAYMENTS
1750.18
15.00
5.00
20.00
1770.18
.00
- - - - - - - -
330.90
29.70
35,20
2041,22
---------
2437.02
15.00
5.00
---------
20.00
2457.02 .00
- - - - - - - -
4227.20 .00
BALANCE
DUE
1770,18
1780,94
2457.02
2473.20
4227.20
4254.14
INT ADDED
EACH MO
1. 56
.15
.16
8.89
10,76
2.20
.20
.23
13,55
16,18
26.94