HomeMy WebLinkAbout08-7204COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK, : DOCKET NO. b8 - `???? C,tvit letw
successor in interest to Community Banks,
Plaintiff
V.
MORTGAGE FORECLOSURE
PATRIOTIC VENTURES, INC.,
Defendant PREVIOUSLY ASSIGNED TO: N/A
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any money claimed
in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan mds adelante en las siguientes pdginas, debe tomar accibn dentro de los pr6ximos veinte (20)
dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las
demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada
en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad o otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
717-249-3166
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK, : DOCKET NO. d ?- `'1aLl1yL( ?i.
successor in interest to Community Banks,
Plaintiff
V.
PATRIOTIC VENTURES, INC.,
Defendant
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT
The Plaintiff, Susquehanna Bank, successor in interest to Community Banks, by its
attorneys, McNees Wallace & Nurick LLC, files this Complaint pursuant to Pa. R. Civ. P., Rule
1141 et seq., alleging in support hereof the following:
1. The Plaintiff, Susquehanna Bank, successor in interest to Community Banks, is a
financial institution organized and existing under the laws of the Commonwealth of
Pennsylvania, with a principal regional office located at 329 Pine Street, Williamsport, PA
17701.
2. The Defendant, Patriotic Ventures, Inc., is a Delaware corporation with a last known
address of 675 Williams Grove Road, Suite #4, Mechanicsburg, PA 17055.
3. On or about February 28, 2006, the Defendant borrowed from and agreed to repay to
the Plaintiff the sum of $263,500.00 ("Loan")
4. As security for the Loan, the Defendant executed and delivered to the Plaintiff a
Mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected
thereon located in Upper Allen Township, Cumberland County, Pennsylvania, known as 675
Williams Grove Road, Mechanicsburg, PA 17055, which is a commercial property that was used
in the Defendant's business, and not the Defendant's residence ("Property"). At all times relevant
hereto, the Defendant was and remains the record and sole owner of the Property. A description of
the Property is attached hereto, made a part hereof and marked Exhibit "A".
5. On March 14, 2006, the Mortgage was recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Record Book 1943, Page 1308. A copy of the
Mortgage is attached hereto, made a part hereof and marked Exhibit "B".
6. The Mortgage was never assigned by the Plaintiff and is still held by it as a valid
and subsisting obligation of the Defendant.
7. Under the terms and conditions of the Loan, the Defendant agreed to make monthly
payments to the Plaintiff beginning on March 28, 2006, and continuing on the 28th day of each
month thereafter.
8. The Defendant is in default of the Loan for failure to make monthly payments as and
when due, and as a result of such default the entire outstanding balance of the Loan, including all
principal, interest, late charges, and other amounts payable under the Mortgage and otherwise in
connection with the Loan are due and payable in full.
9. The Defendant is presently indebted to the Plaintiff, as of November 25, 2008, in the
amount of $307,573.26 itemized as follows:
a. Principal $256,178.14
b. Interest $ 30,169.23
C. Late Charges $ 1,744.96
d. Prepayment Charge $ 5,123.56
e. Satisfaction Fee $ 40.00
f. Attorneys' Fees , 14,317-37
TOTAL $307,573.26
10. The Defendant also agreed under the terms of the Mortgage that in the event of
default thereunder they would pay, in, addition to the charges listed in the paragraph 9 above, costs
incurred by the Plaintiff as a result of the institution of these legal proceedings.
11. The obligation owed by the Defendant to the Plaintiff continues to accrue interest
thereon at the rate of $55.14946 per day, through the date of payment, including on and after the
entry of judgment on this Complaint, and continues to accrue late charges, attorneys' fees and
other charges provided in the Note and/or Mortgage.
WHEREFORE, Plaintiff, Susquehanna Bank, successor in interest to Community Banks,
demands judgment against Patriotic Ventures, Inc., Defendant, in the amount of Three Hundred
Seven Thousand Five Hundred Seventy-Three and 26/100 ($307,573.26), plus interest at the rate of
$55.14946 per day, and in the amount of all additional late charges, attorneys' fees and other
charges to which the Bank is entitled under the Mortgage and otherwise in connection with the
Loan, through the date of payment, including on and after the date of entry of judgment on this
Complaint, and costs, and for foreclosure and sale of the Property.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December 8, 2008 By:
'Cleo . Shu 7 , Esquire
upreme Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
SUSQUEHANNA BANK,
successor in interest to Community Banks,
Plaintiff
V.
PATRIOTIC VENTURES, INC.,
Defendant
: DOCKET NO.
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, James R. Seltzer, Assistant Vice President of Susquehanna Bank, hereby verify on behalf of
the Bank that the statements made in the foregoing Complaint are true and correct to the best of my
information, knowledge and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
SUSQUEHANNA BANK
Date:
Jain eltzer
ssistant Vice President
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper
Allen, County of Cumberland and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point marked by an iron pin in the western dedicated right-of.
way line of the Old Grove Road (T-620), which point is in the division line between
Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lob; thence along the
division line between Lots Nos.1 and 2 on said Plan, North 82 degrees 52 minutes 50
seconds West, 106.72 feet to an iron pin; thence continuing along the division line
between Lots Nos. 1 and 2 on said Plan, North 56 degrees 45 minutes 10 seconds
West, 16&80 feet to an iron pin in the eastern legal right-of-way line of the Williams
Grove Road (L.R. 21017); thence along the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017), South 01 degrees 35 minutes 30 seconds West,
238.69 feet to a point marked by a monument; thence by the same in a southeasterly
direction by a curve to the left having a radius of 18.00 feet, the arc distance of 33.96
feet to a point marked by a monument in the Northern dedicated night-of-way line
of the public township road known as Diehl Road (T-569); thence extending along
said right-of-way line of Diehl Road (T-569), North 73 degrees 30 minutes East
166.12 feet to a point marked by a monument in the western dedicated right-of-way
line of the Old Grove Road (T-620) aforesaid; thence extending along the western
dedicated right-of-way line of the Old Grove Road (T-620), north 34 degrees 35
minutes 30 seconds East, 125.62 feet to an iron pin in the division Hue between Lot's
Nos. l and 2 on the hereinafter mentioned Plan of Lots, first above mentioned, at the
point and place of BEGINNING.
BEING LOT NO.2 on the final subdivision plan for Miller's Orchards, Inc., which
said Plan is recorded in the Cumberland County Recorder's Office in Plan Boob 48,
Page 80.
Being Tax Parcel No. 42-10-0644-005A
SeJ-4
Prepared By:
Community Banks
Return To:
Community Banks
P.O. Box 233
Hanover, PA 17331
Parcel Identification No./Uniform Parcel Identifier:
42-10-0644-005A
RECOT!UiL;f Lr i1 E- 7DS
rl)ileEFLe;r r'
2006 riAfl 19 flm 11 58
COMMONWEALTH of PI*NNSYLVANIA
County of CUMBERLAND } ss
I Robert P Ziegler, Recorder, do hereby
Certify that the foregoing is a true and
corr?t\copy as ap ers in ??22 ??
Vol. _PageA302_
fitness my hand official seal th
Day of
AP.
9el er eeds
OPEN-END MORTGAGE fAy Commission Expir s, 1st mum ay,
This Mortgage Secures Future Advances
' BQ18R?lWfaR:
Patriotic Ventures)"7
Al'»&#
675 Williams Grove Ad guite#4
Mechanicsburg, PA 17055
t'ELEPHONE NO. ioEf4 IRCA-noN No.
MC MTQ_AGOR
Patriotic Ventures Inc
Alipft?8#
675 Williams Grove Rd Suite#4
Mechanicsburg, PA 17055
`r NNO.
EPHOtNG. IG:rtGA
In consideration of the loan or Other credit accommodation hereinafter specified and any future
advances, which may hereinafter be dvanced or incurred and other good and valuable consideration, the
receipt and sufficiency of which are ereby acknowledged, Mort! vapor
has and by these resents does
hereby grant, convey, bargain, sell a d mortgage toCo unites n is , 2`196 old Post, Road,
(Tender), its successors and assiggns, with power
of sale and right of entry and possession all of Mortgagors present and future estate, right, ftle and interest
in and to the real property described in Schedule A which is attached to this Mortgage and incorporated
herein by this reference, together ith all present and future improvements and factures; all tangible
personal-property, including, without imitation, all machinery, equipment, building materials, and goods of
every nature (excluding household s) now or hereafter located on or used in connection with the real
property, whether or not affaced to t e land; privil as, hereditaments, easements, and appurtenances,
including all development rights associated with1 he Property, whether previousy, or subsequently
transferred to the Property from other real property or now or hereafter susceptible of transfer from the
Pro perty to other rear property; leases, licenses and other agreements; rents, issues and profits; water,
welt ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property");
until payment in full of all Obligations secured hereby.
Moreover, in further consideration, Mortgagor does, for Mortgagor and Mortgagor's heirs,
representatives successors and assigns, hereby expressly warrant, covenant, and agree with Lender its
successors and' assigns as follows: i d
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Inst.# 200608252 - Page 1 of 12
1. OBLIGATIONS. This Mortgage shall secure the a ment and performance of all indebtedness
liabilities, obligations and covenant f B r r or I?orytgagor to Lender up to a maximum amounf
outstanding al any one time of -plus $?3 , 5$ ?accrued and unpaid interest (cumulatively
"Obligations") pursuant to:
(a) this Mortgage and the following promissory notes and other agreements:
W
1101111
i$T PRIN¢IRALlYT1 M tJ't'f MCttM EAR NIiMBEH
VATI:
e $f#2f6C33,500.00 102/
28/06102/28/26 901008409
(b) obligatory future advances, to the same extent as if made contemporaneously with the execution of
is Mortgage, made or extended on behalf of Mortggagor or Borrower. Mortgagor agrees that if the
Obligation is a line of credit, the lien created by this fVlortga a shall continue unti[ payment in full of all
debt due under the line notwiths anding the fact that from time to time (but before termination of the
line) no balance may be outstarding; and
(c) unpaid balances of advances made, with respect to the Property, for the payment of taxes,
assessments, maintenance charges, insurance premiums or costs incurred for the protection of the
Property or lien of this Mortgage, and expenses incurred by the Lender by reason of default by the
Mortgagor under this Mortgage; and
(d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the
(foregoing.
2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Mortgagor represents, warrants and
covenants to Lender that:
[a) Mortgagor has fee simple marketable title to the Property and shall maintain the Property free of all
hens, security interests, sncumb ances and claims exceptTor this Mortgage and those described in
Schedule B which is attached to is Mortgage and incorporated herein by reference, which Mortgagor
agrees to pay and perform in a ti ely manner;
(b) Mortgagor is in compliance in all respects with all applicable federal, state and local laws and
regulations, including, without limitation those relating to Hazardous Materials", as defined herein,
and other environmental matters (the 'ffnvironmentai Laws"), and neither the federal government nor
the state where the Property is located nor any other governmental or quasi governmental entity has
filed a lien on the Property, nor are there an governmental judicial or administrative actions with
respect to environmental matters pending, or to the best of tf a Mortgagors knowledge, threatened,
which involve Mortgagor or the Property. Neither Mortgaggor nor, to the best of Mortgagors
knowledge, anyy other party has used, generated, released; dischar ed, stored, or disposed oany
Hazardous Materials in connection with the Property or transported any Hazardous Materials to or
from the Property. A/lortgag"or shall not commit or permit such actions to be taken in the future. The
term 'Hazardous Materials shall mean any substance, material, or waste which is or becomes
regulated by any governmental /authority including but not limited to: (i) petroleum; (ii) friable or
nonfriable asbestos; (iii) polychlorinated biphenyls; (lv) those substances, materials or wastes
designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed
ursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes,
v) those substances, materials or wastes defined as a "hazardous waste pursuant to Section 1004 of
he Resource Conservation and Recovery Act or any amendments or replacements to that statute; and
(vi) those substances, materials or wastes defined as a "hazardous substance' pursuant to Section 101
of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments
or replacements to that statute) or any other similar state or federal statute rule, regulation or
ordinance now or hereafter in eff t. Mortgagor shall not lease or permit the subf'ease of the Property
to a tenant or subtenant whose orerations may result in contamination of the Property with Hazardous
Materials or toxic substances;
(o) All applicable laws and resuI tions including, without limitation the Americans with Disabilities Act,
4422 U.S.C.12101 et seq. (and all r gulations promulgated thereunder) and all zoning and building laws
and regulations relating to the roperty by virtue of any federal, state or municipal authority with
jurisdiction over the Property, pr ently are and shall be observed and complied with in all material
respects, and all rights, I"icenses, permits, and certificates of occupancy (including but not limited to
zoning variances, special excepts ns for nonconforming uses, and final fns action approvals), whether
temporary or permanent, which re material to the use and occu ancy ofpthe Property, presently are
and shall be obtained, preserved and, where necessary, renewed;
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4K t 943PG 1 309
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,.. . I. . ... 4,4.
(d) Mortgagor has the right and its duly authorized to execute and perform its Obligations under this
MMortgage and these actions do not and shall not conflict with the provisions of any statute, regulation,
ordinance, rule of law, contract or other agreement which may be binding on Mortgagor at any time;
(e) No action or proceeding is or shall be pending or threatened which might materially affect
MMortgagor or the Property; and
(f) Mortgagor has not violated and shall not violate any statute, regulation, ordinance, rule of law,
contract or other agreementlincluding, but not limited to, those governing Hazardous Materials) which
might materially affffect the Property or Lender's rights or interest in the Property pursuant to this
3. PRIOR MORTGAGES. Mortgagor represents and warrants that there are no prior mortgages or deeds
of trust affecting any part of the Property except as set forth on Schedule B attached to this Mortgage
which Mortgaor agrees to pay and perform in a timely manner. If there are any prior mortgages or deeds
of trust then Nortgagor agrees to pay all amounts owed, and perform all obligations required" under such
mortgages or deeds of trust and the indebtedness secured thereby and further agrees that a default under
any prior, mortgage or deed of trust shall be a default under this Mortgage and shall entitle Lender to all
rights and remedies contained herein or in the Obligations to which Lender would be entitled in the event of
any other default.
4. TRANSFERS OF THE
BORROWERS. In the event of
or any part of the real property
interest in Borrower or Mortga
corporation, limited liability coi
declare the outstanding nncip
and payable. At Lenders r L
statement setting forth all of its
respective ownership interests.
5. ASSIGNMENT OF RENT:
royalties, income and profits w
Until Mortgagor is in default un
to collect and receive rents, rod
the Obligations, Lender may to
collect the rents, royalties inc,
royalties, income and profits o
collection, then to the payment
payment of the Obligations s
discretion.
6. LEASES AND OTHER AGI
cause or permit the terminatioi
aI on mongagors ngnis, tine ana inie
terming a or cancel anyy?A reemer
other party thereto. If Mor gagor r
Mortgagor under an Agreement or I
C yf forward a copy of such coma
Lender. All such Agreements and ti
Lender as additional-security for the C
7. COLLECTION OF INDEBTEDNE!
Mortgagor to notify any third parr
authorities and insurance companies
with respect to the Property (cumin
Mortgage. Mortgagor shall diligently
until the giving of such notification. li
instruments or other remittances with
or if the instruments or other remittam
any insurance or condemnation ce
trust for Lender apart from its otraher 1
and immediately provide Lender with I
entitled, but not required, to collect
compromise, exchange or release at
whether or not an Event of Default ex
any action, error, mistake, omission c
damages resulting therefrom. Notwi
deemed a Mort?'gee-in-possession.
LPPA601 C 0 HI IF. gal SolWoro. Inc. (127/16) (6
OR 1943PG 1314
OR BENEFICIAL INTERESTS IN MORTGAGORS OR
rance lease, contract for deed or transfer to any person of all
Schedule A, or any interest therein, or of all or any beneficial
or or Mortgagor Is not a natural person or persons but is a
rship, trust, or other legal entity), Lender may, at its o tion,
he Obligations plus accrued interest thereon immediatei due
r or Borrower, as the case may be, shall furnish a complete
members or partners, as appropriate, and the extent of their
tgagor absolutely assigns to Lender all present and future rents,
se from the use or occupancy of all or any portion of the Property.
Mortgage or anyy of the Obligations, Mortga or shall have a license
ncome and profits. Upon any default under 918 Mortgage or any of
Mort! agor's license without notice and may thereafter proceed to
id pro its with or without the appointment of a receiver. All rents
by Lender or a receiver will be applied first to pay all expenses ot}
oats of operation and maintenance of the Property, and then to the
by this Mortgage in the order determined by Lender in its sole
NTS. Mortga or shall not take or fail to take any action which may
withholding ogf any payment in connection with any Lease or other
the Property In addition, Mortgagor, without Lender's prior written
lea payable under any. Agreement more than one month in advance-
or allow a lien, security interest or other encumbrance to be placed
ost in and to any Agreement or the amounts payable thereunder; or
t except for the nonpayment of any sum or other material breach by
3ceives at any time any written communication asserting a default by
urporting to terminate or cancel any Agreement, Mortgagor shall
nunication (and any subsequent communications relating thereto to
e..amounts due to Mortgagor thereunder are hereby assign to
FROM THIRD PARTY. Lender shall be entitled to notify or require
including, but not limited to, lessees, licensees, governmental
h pay Lender any indebtedness or obligation owing to Mortgagor
ively "Indebtedness") whether or not a default exists under this
heat the Indebtedness owing to Mortgagor from these third parties
he event that Mort gagor possesses or receives possession of any
aspect to the Indebtedness followingg the giving of such notification
s constitute the prepayment of any indebtedness or the payment of
is, Mortgagor shalt hoId such instruments and other remittances in
3perty, endorse the instruments and other remittances to Lender,
ssession of the instruments and other remittances. Lender shall be
y legal proceedings or otherwise), extend the time for payment,
obligor or collateral, or otherwise settle any of the Indebtedness
s under this Mortgage. Lender shall not be liable to Mortgagor for
delay pertaining tthe actions described in this paragraph or any
standing the foregoing, nothing herein shall cause Lender to be
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... .. a.. ? .,I .. _..i,..
8. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs
needed to maintain the Property in good condition. Mortgagor shall not commit or permit any waste to be
committed with respect to the Propperty. Mortgagor shah use the Property solely in compliance with
applicable law and insurance policies. Mortgagor shall not make any alterations, additions or
improvements to the Property without Lendsea prior written consent. Without limiting the for, oing, all
alterations, additions and improvements made to the Property shall be subject to the benefici interest
belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at
Mortgagor's sole expense.
9. LOSS OR DAMAGE. Mortgagor shall bear the entire risk of any loss, theft, destruction or damage
(cumulatively "Loss or Damage') to the Property or any portion thereof from any cause whatsoever. In the
event of any Loss or Damage, Mortgagor shall, at the option of Lender, repair the affected Property to its
aff iiouds condition or pay or cause to be paid to Lender the decrease in the fair market value of the
10. INSURANCE. The Property will be kept insured for its full insurable value (replacement cost) against
all hazards including loss or damage paused by flood, earthquake, tomado and ire, theft or other casualty
to the extent required by Lender. Mort or may obtain insurance on the Property from such companies
as are acceptable to Lender in its sore di retion. The insurance policies shall require the insurance
company to provide Lender with at leARt days' written notice before such policies are altered or
cancelled in any manner. The insurance policies shall be endorsed with a standard mortgage clause in
favor of Lender and provide that no act or omission of Mortgagor or any other arson shall affect the right
of Lender to be paid the Insurance pr ceeds pertaining to the foss or damage of Property. In the event
Mortgagor fails to acquire or maintain(nsurance, Lender (after providing notice as may be required by law)
may in its discretion procure approppriate insurance coverage upon the Property and the insurance cost
shall be an advance payable and bearing interest as described in Paragraph 21 and secured hereby.
Mortgagor shall furnish Lender with evidence of insurance indicating the required coverage. In order to
protect its interests in the Property wind rights under this Mortgage, Lender shall have the right to file,
negotiate and settle claims under Insurance policies, to cancel any policy, and to endorse and disburse
any draft or negotiable instrument drawn by any Insurer. Lender's exercise of these rights shall be solely
for Lender's benefit and not for Mortg ggoor's benefit. Lender is not an agent or fiduciary of Mortgagor. All
such insurance policies shall be ImmeTately assigned, pledged and delivered to Lender as further security
for the Obligations. In the event of loss Mortgagor shall immediately give Lender written notice and Lender
is authorized to make proof of loss. each insurance company is directed to make payments directly to
Lender instead of to Lender and Mortgagor. Lender shall have the right, at its sole option, to apply such
monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amounts
may at Lender's option Be applied in the inverse order of the due dates thereof.
11. ZONING AND PRIVATE COVENANTS. Mortgagor shall not initiate or consent to any change in the
zoning provisions or private covenants affecting the use of the Property without Lender's prior written
consent. If Mortgagor's use of the Property becomes a nonconforming use under any zoning provision,
Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written
consent of Lender. Mortgagor will immediately provide Lender with written notice of any proposed
changes to the zoning provisions or private covenants affecting the Property.
12. CONDEMNATION. Mortgagor shall immediate provide Lender with written notice of any actual or
threatened condemnation or eminent domain proceeding pertaining to the Property. All monies payable to
Mortgagor from such condemnation or taking are hereby asstgnea to Lender and shall be applied first to
the payment of Lender's attorneys' fees, legal expenses and other costs (including appraisal fees) in
connection with the condemnation or eminent domain proceedin s and then, at the option of Lender, to
the payment of the Obligations or the restoration or repair of the Property.
13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately
rovide Lender with written notice of any actual or threatened action, suit, or other proceeding affecting the
?ro er?ttyy. Lender shall have the right, in its own name or in Mortgagor's name, to commence, intervene in,
a 5defend such actions, suits or other legal proceedings and to compromise or settle any claim or
controversy pertaining thereto. Lender's exercise of these rights shall be solely for Lender's benefit and
not for Mortgagor's benefit. Lender is! not an agent or fiduciary of Mortgagor. Mortgagor hereby appoints
Lender as its attorney-in-fact to commence, intervene in, and defend such actions, suits, or other legal
proceedings and to compromise ors the any claim or controversy pertaining thereto. Lender shall not be
I'iable to Mortgagor for any action, err, mistake, omission or delay pertaining to the actions described in
this paragraph or airy damages result rX therefrom.
14. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of
Mortgagor's oblioations with respect to the Property under any circumstances. Mortgagor shall
of
pay
to
causes of actic
Property (include
t of Lender, she
al expenses and
LPPA601D m Harland FWanclal SoltAorr, Inc, (1/27/05) (800) 937.3788
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demnV and hold Lender and its
om alt claims, damages, liabiliti
i, actions suits and other legal
ia, but not limited to, those involvii
hire legal counsel to defend Lenc
Dither costs Incurred in connection
Page 4 of 12
In
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the alternative, Lender shall
Mortgagors cost. Mortgago
termination release or foreck
15. TAXES AND ASSESSN
when due and immediately
Mortgagor shall procure for L
the term of this mortgage. U
entitled to employ its
obligation to indemnify
,e ofthis Mortgage.
TS. Mortgagor, shall pay
, at
as there is no
or its agents to examine and inspect t
books and records pertaining to the F
required by Lender for these purpose
books and records shall be genuine, ti
existence of Lender's beneficial intere
Mortgagor shall report, in a form satiel
Mortgagor's financial condition or the
Mortgagors records as such time, an
r
All information furnished by Moreetgqgago
17.n ESTOPP aCERTIFCATES. . V
deliver to Lender, or any intended tra
and acknowledged statement speci u
Mortgagor possesses any claims, de e
so, t e nature of such c aims, defense
b any representation that Lender may
event that Mortgagor fails to provide fl
18. DEFAULT. Mortgagor shall be in
any guarantor of the Obligation:
((a) fails to pay any Obligation to
(b fails to perform any Dbligatio
MMortgage or any other present or
(c). destroys loses or damages
seizure, conf(scation, or condemer
(d) seeks to revoke terminate
individual uarantor dies:
., tlt .,...1.-
own legal counsel to defend such Claims at
Lender under this paragraph shall survive the
all taxes and asses
payment of same.
e, a real estate tax r
ortoaaor shall deco
relating to Property
request of Lender,
L service throughout
lender each month
its pertaining to the
payment of taxes,
rider shall have the
igations. Any funds
r shall allow Lender
fault, these amounts shall be applied to
d on the Property. In the event of default,
ids so held to pay any taxes or against the
flied in reverse order of the due date thereol
OKS, RECORDS AND REPORTS. Mort
lie Property and examine, inspect and make
roperty from time to time. Mortgagor shall
i. All of the signatures and information ooi
le, accurate and complete in all respects. N
t in its books and records pertaining to the
lctory to Lender, such information as Lender
Property. The information shall be for suc
shall be rendered with such frequency as
to Lender shall be true, accurate and comp
ten (10) days after any request by Lender, Mortgagor shall
ie of Lender's rights with respect to the Obligations, a signed
i the outstanding balance on the Obli ations• and (b) whether
set-offs or counterclaims with respect o the obligations and, if
I-offs or counterclaims. Mortgagor will be conclusively bound
ilto the intended transferee with respect to these matters in the
posted statement in a timely manner.
It under this Mortgage in the event that Mortgagor, Borrower or
nder when due;
r breaches any warranty or covenant to Lender contained in this
lure agreement;
is Property in any material respect or subjects the Property to
ion;
otherwise limit its liability under any guaranty to Lender or any
(e) dies, becomes legally incompetent, is dissolved or terminated, becomes insolvent, makes an
assignment for the benefit of creditors, fails to pay debts as they become due, files a petition under the
federal bankruptcy laws, has an Involuntary petition in bankruptcy filed in which Mortgagor, Borrower
or any guarantor is named, or has property taken under any writ or process of court;
(f) allows goods to be used, transported or stored on the Property, the possession, transportation, or
use of which, is illegal;
(9) allows any party other than Mortgagor, Borrower, or Guarantor to assume or undertake any
obligation without the written consent o Lender; or
(h) causes Lender to deem itself insecure due to a significant decline in the value of the Property; or if
Lender, in good faith, believes for any reason that the prospect of payment or performance is
impaired.
19. RIGHTS OF LENDER ON DEFA
to exercise one or more of the follow
((to declare the Obligations it
bto collect the outstanding OI
c to require Mortgagor to del
constitutin the Property at a ph
(d) to enter upon and take
appointment of a receiver and,
bringing suit on the Obligation
receivers, it being intended that
(e) to employ a managing age
name of Mortgagor, and recenn
same, after payment of all nece
(? to pay any sums in any form
Mortgage or to cure any default
(g) to foreclose this Mortgage;
LPPA601E m Harland Flr,anoiai Solutions, Inc. (1,27N6)
DK 1943PG 1312
,T. If there is a default under this Mortgage, Lender shall be entitled
remedies without notice or demand (except as required by law):
ediately due and payable in full;
ations with or without resorting to judicial process;
r and make available to Lender any personal property or Chattels
reasonably convenient to Mortgagor and Lender;
session o the Property without applyingg for or obtaining the
Lenders option, to appoint a receiver wit Fiout bond, without first
nd without otherwise meeting any statutory conditions regarding
nder shall have this contractual right to appoint a receiver;
3f the Property and let the same in the name of Lender or in the
ie rents, incomes, Issues and pro#its of the Property and apply the
fry charges and expenses, on account of the Obligations;
manner deemed expedient by Lender to protect the security of this
ter than payment of interest or principal on the Obligations;
16373798 Paps b of 12 d`5
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(h) bid for and acquire the Property or any part thereof and, in lieu of a cash purchase, credit upon the
amounts owed Mortgagor the net sales price after deducting therefrom the expenses of the sale and
the costs of the action and any other sums which Lender is authorized to deduct under this Mortgage;
(() to foreclose this Mortgagge, at itg option, sub'oct to the rights of any tenants of the Property and the
failure to make any tenants defendants to such proceedings and to foreclose their rights v?n'll not be
asserted by Mortgagor as a defense to any proceedings instituted by Lender to collect the amounts
secured hereby or any deficiency remaining unpaid after the sale of the Property. Further, it is
expressly understood and aggreed by Mortgagor that nothing herein contained shall" prevent Lender
from asserting in any proceeding disputing the amount of the deficiency or the sufficiency of any bid at
such sale, that any tenancies adversely affect the value of the Propperty;
(j) to set-off Mortgagors Obligations against any amounts owed IVlortgagor by Lender including, but
not limited to, monies, instruments, and deposit accounts maintained with Lender or any currently
existing or future arnuaie or 1-e17al
(k) to exercise all other rights ava
Lenders rights are cumulative and mi
that Lender institutes an action seeN
remedy in an action against Mortgagc
be required. Lender or Lenders des
part thereof may be sold in one parce
may elect, and one or more exercis
power unless the entire Property is sc
20. SECURITY INTEREST UNDER
considered a financing statement and
Code (as adopted by the state wher+
personal Dror)erty now owned or he
grants Lender a s
cured party, is the
such security agre
is may deem nece
in
at the times to
is is subiect to
ions are paid in full.
A COMMERCIAL CODE. This Mortgage shall be
rsuant to the provisions of the Uniform Commercial
I located) covering fixtures, chattels, and articles of
to or to be used in connection with the Property
additions thereto (the "Chattels"), and Mortgagor
ible to Lender under any other written agreement or applicable law.
be exercised together, separately, and in any order. In the event
Ig the recovery, o?f any of the Property by way of a prejudgment
lulortgagor waives the hosting of any bond which might otherwise
nee may purchase the Property at any sale. The Property or any
or in such parcels, manner or order as Lender in its sole discretion
I of the cower herein granted shall not extinguish or exhaust the
?y interest in such Chattels. The debtor Is the MortFigagor aescrwea above.
der des ribed above. Upon demand, Mortgagor make execute and
its (ass ch term is defined in said Uniform Commercial Code as Lender at
r or proper or require to grant to Lender a perfected security interest in the
s failure to do so. Lender is authorized to sign any such agreement as the
or thepredecessors or
RSEMENT OF AMOU
of the lien of this Mortgage or other"
or advances made under a constrw
construction loan was originally made
all such amounts expended by Len
described in any Obligation or the hi
reimbursement. These sums shall be
by the beneficial interest granted heI
notice of sale, as herein provided, or
any part of the Obligations after the
Mortgagor shall pay on demand all i
including reasonable attorneys' fees 1
all such expenses and fees.
22. APPLICATION OF PAYMENTS
against the amounts paid by Lender
exercise of its rights or remedies de
Obligations in whatever order Lendei
28. LENDER'S AUTHORITY TO F
whatever action is reasonable or apF
this Mortgage. Lender may, but shal
other document pertaining to the Ot
document required to be Taken or e)
uthorizes Lender to file financing statements (as such term is
I with respect to the Chattels, at any time, without the signature
at any time upon request of Lender, sign such financing
as for the filing of such financing statements and for the refiling
of Lender, by said Uniform Commercial Code. If the lien of this
tent covering the Chattels, then in the event of any default under
at of Mortgagor in and to any and all of the Chattels is hereby
efit of any deposits or payments now or hereafter made thereof
nsors in this of Mortgagor in the Property.
EXPENDED BY LENDER. Lender, at Lender's option, may
to be taken by Mortgagor or to exercise any right to remedy of
not limited to attorney's fees, legal expenses, payment of taxes,
for protection, preservation and maintenance of the Property or
:xpenses incurred by Lender by reason of default by Mortgagor
loan to enable completion of the improvements for which the
pon demand, Mortgagor shall immediately reimburse Lender for
:)gether with interest thereon at the lower of the highest rate
rate allowed by law from the date of payment until the date of
ided in the definition of Obligations herein and shall be secured
If the Obligations are paid after the beginning of publication of
s event Lender shall, al its sole option, permit Mortgagor to pay
fining of publication of notice of sale, as herein provided, then,
ses incurred by the Lender in connection with said publication,
attorneys for the Lender, and this Mortgage shall be security for
payments made by or on behalf of Mortgagor may. be applied
ding attorneys' fees and legal expenses) in connection with the
9d in this Mortgage and then to the payment of the remaining
T ITS INTERESTS. Mortgagor authorizes Lender to take
to protect Lenders Interest in the Property and ri fits under
required to, endorse Mortgagors name on any instrument or
i or the Mortgage and to? perform any action or execute any
by Mortgagor under this Mortgage. Lenders performance of
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BK 1943PG 1 313
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I., • i ,..1 ..l1 ,.r. I....
such action or execution of such document shall not relieve Mortgagor from any obligation or cure any
default under this Mortgage. Lender's exercise of these rights shall be solely for Lender's benefit and not
for Mortggagors benefit. Lender is not an agent or fiduciary of Mortgagor.
24. SO ROGATIONOF LENDER. Lender shall be subrogated to the ' hts of the holder of any previous
lien, security interest or encumbrance discharged with funds advancedJy Lender regardless of whether
these liens, security interests or other ?Sncumbrances have been releas of record.
25. COLLECTION COSTS. To the a ent permitted by law, Mortgagor a rees to pay Lender's reasonable
fees and costs including, but not li ited to, attorney's commission for collection, fees and costs of
attome s and other agents (including out i(mitatwn paralegals, cif and consultants ,whether or not
such a orney or agent is an employ of Lender, which are Incurred by Lender in Colin.g any amount
due or enforcing anyy right or remedy u der this Mort age, whether or not suit is brou ht, incluuding, but not
limited to, all fees shit costs incurred n appeal, in bontcruptcy, and for post-judgmen? collection actions.
28. PARTIAL RELEASE. Lender m release its interest in a portion of the Property by executing and
recording one or more artial releas without affects?g the lien or [?ority of this Mortga a or Lenders
interest in the remaininif ortion of th Property. Nothing herein shpt) be deemed to obligate Lender to
release any of its interest in the Pro p rty(except as regwred under ?aragraph 34), nor shall Lender be
obligated to release any part of the Pr pe if Mortgagor is (n default under this Mortgage.
27. MODIFICATION Ztgago D WAIVER. ! The modification or waiver of anY of Mortga ors Obligations or
Lenders rights under MortagQQ m st be contained in a writing signed "by Lender. ender may perform
an s or ?s Obli b ons, delay or fail to exercise any of ' s rights or accept payments
from of BorroweMortgagorror anyonoer than Mortgagor without causing a waiver of those Obligations or rights. A
waiver on one occasion shall not co tltute a waiver on any other occasion. MortgaGors Obligations
under this Mortgage shall not be aff ed if Lender amends compromises, exchaWO, fails to exercise,
impairs or releases an of the Obligati ns belonging to any Mortgagor, Borrower or arty or any of its
rights against any Mortgagor Bo rowe or third party or any of the Pro arty. Lender's faii"ure to insist upon
strict performance of any of i he rOblig tions shall not be deemed a wX"err, and Lender shall have the right
at any time thereafter to insist upon it
ict performance.
28. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of
Mortgagor and Lender and their retpective successors, assigns, trustees, receivers, administrators,
personal representatives, legatees and devisees.
29. NOTICES. Except as otherwise required b law, any notice or other communication to be provided
under this Mortage shall be in writing and sent o the parties at the addresses described in this Mortga e
or such other aodress as the Dartie may designate in writing from time to time. Any such notice so gwon
f sent by first class mail, postage p pa(a, snap De aeemea wen the eanier or rnree ta!
ice is sent or when received b t Is parson to whom such notice Is being Riven. A
rtgago ursuant to 42 Pa.C.SyA. 8143 shall be given by registered or certified mail
uesray, tpo Lender at the address' specified above and only to such address. Such
3med to have been received no elarlfer than the date actually phIsically received at
Nvor hereby authorizes Lender, *, Rhout liability and at Lendef s so a discretion t give
i suDstance satisfactory to Lender, of the lien rid security interest created by this ?iliort4
a Dreviously recorded mortgage. Avhich is mien on the Property in order, among c
30. SEVERABILfTY. Whenever possible, each provision of this Mortgage shall be interpreted so as to be
effective and valid under applicable state law. If any provision of this Mortgage violates the law or is
unenforceable, the rest of the Mortgage shall continue to be valid and enforced le.
31. APPLICABLE LAW. This Mort gaqp?e shall be governed by the laws of the state where the Property is
located. Unjess gIlicable law pro," as otherwise Mort agor oonsents to the jurisdiction and venue of
any court se acted Cry Lender, in its so a discretion, locate in that state.
32. NO THIRD-PARTY RIGHTS. No arson is or shall be a third-party beneficiary of any provision of the
Mortgage. All provisions of the Mort ge in favor of Lender are intended solely for the benefit of Lender,
and no third arty shall be entitled assume or exqect that Lender will not waive or consent to the
modification o any Drov(s(on of the M ttgage, in Lender's sole discretion.
PRESERVATION OF
la or, or an guaranto
a) Tof the De vment anc
consent: role
3; make any i
3: exercise or
or
of any interest or an nature in the r-r p . snau De aeemeu
evidence thereof, to nave consented t a or any such action
LPPAS010 4) Harland Ftrurolal Soh0orr, Inc. (IMIM) (900) 037.3799
Du 1943PG; 314
09/19/2008 11:19:06 AM CUMBERLAND COUNTY
a
the
or performance of all or any part of
ant or Derformance of all or any part of
or
or recoroing any
Paps 7 of 12SL
Inst.# 200608252 - Page 7 of 12
l., . 1 .. i 1,1. . ...,. l.. 4.1
34. DEFEASANCE. This instrument
sums secured by this Mortgage as
Mort performs and complies w
this Aortgage and the estate hereby 4
to Mortgagor those documents that i
be responsible to pay any costs of re
35. CONSTRUCTION LOAN. 0
Commercial Code to secure an ob
including the acquisition costs of le
balances of present and future ad
completion of the improvements for v
ac
the express condition that if Mortgagor pays to Lender all
in the Note, Mortgage and other loan documents and
Iments and conditions contained in said documents then
11 cease and become void. Lender will execute and deliver
uired to release this Mortgage of record. Mortgagor shall
)rtgage is a construction mortgage under the Uniform
ncurred for the construction of an improvement on land
a Mortgage secures a construction loan, including unpaid
nade for the erection, construction, alteration, reapair or
construction ban was originally made and it is subject to the
dween Mortgagor and Lender, which is incorporated by
reference and made a part hereofas if ful set forth herein. Any materials, equipment or supplies used or
intended for use in the construction, development, or operation of the Property, whether stored on or off
the Property, shall also be subject to the lien of this Mortgage.
36. OPEN-END MORTGAGE. This Mortgage Is and shall be deemed an "Open-End Mortgage" as defined
in 42 Pa.C.S.A.68143 et seq. This Mortgage secures future advances made pursuant to the promissory
note or other Obligations described in paragraph 1 of this Mortgage. All advances made by Lender to
Mortgagor on the date hereof and hereafter shall relate back to the date on the Mortgage. The Mortgage
secures all unpaid balances of advances made by Lender for taxes, assessments, maintenance charges,
insurance premiums or costs incurred for the protection of the Property or the lien of the Mortgage, or
expenses incurred by Lender by reason of detauit by Borrower uner the Mortgage, or any other cost
incurred by Lender to protect and preserve the Property, all as described in 42 Pa.C.S.PP x8144.
If Mortgagor sends a written notic to Lender whit purports to limit the indebtedness secured by the
Mortgaggee and to release the obligati of Lender to make any additional advances to Mortgagor, such
notice snail be ineffective as to any ure advances made: (a) to enable completion of any improvements
to the Property; (b)) to pay taxes, as essments, maintenance charges and Insurance premiums; (c) for
costs incurred for Ae protection of th Property or the lien of the Mortgage; (d) for expenses incurred by
Lender by reason of a default by Mo nAnnr of any of the Obligations described in Parauraph 1 of this
Mortgage or any other instrument or d
any other costs incurred by Lender 1
hereto that any such advance made b
of the Mortgage on the Property. The
a default hereunder, whether or not s
or (C) and whether or not such notice
37. WAIVER OF HOMESTEAD. Mo
which Mortnaaor would otherwise be
38. MISCELLANEOUS.
nreaentment. demand for
to Mc
their
40. ADDITIONAL TERMS:
executed and deliv
or preserve the P
after such notice b
Lender of any suc
is sent pursuant to
d thereunder.
connection therewith
It is the intention of
a or shah be secure)
a from Mortga or she
visions of 42 ?a. C.S
or hereby waives all homestead exemptions in the Property to
3d under any applicable law.
Lender agree that time is of the essence. Mort gagor waives
a of dishonor and protest all procedural errors, defects and
id by Lender under any Note this Mortgage or other ban
ten notice pursuant to 42 Pa. bons. Stat. Ann. §8143(c). All
hall include all persons signing below. If there is more than one
and several. This Mortgage represents the complete integrated
uler pertaining to the terms and conditions hereof.
A HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY
1SED UPON, THIS MORTGAGE.
LPPAS01 H ® Harland Financial Solutions, Inc. (1/27/06) (B O) 907.9799
ouI943PG1315
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Pogo 8 of 12
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WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS
® IF CHECKED, CONFESSION OF JUDGMENT IN EJECTMENT. MORTGAGOR HEREBY
AUTHORIZES AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE
COMMONWEALTH OF PENNSY VANIA OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR
MORTGAGOR, AND ALL PERS NS CLAIMING UNDER OR THROUGH MORTGAGOR, AND TO
CONFESS JUDGMENT AND TO SIGN AN AGREEMENT FOR ENTERING AN AMICABLE ACTION IN
EJECTMENT FOR POSSESSIONIO?F THE PROPERTY AGAINST SUCH PERSONS IN FAVOR OF
LENDER. SUCH PROCEEDINGS MAY BE BROUGHT BEFORE OR AFTER THE INSTITUTION OF
PROCEEDINGSTO FORECLOSETHIS MORTGAGEOR TO ENFORCETHE OBLIGATIONS,OR AFTERA
SHERIFFSSALE OR JUDICIALS E OR OTHER FORECLOSURESALE OF THE PROPERTYIN WHICH
LENDER IS THE SUCCESSFULBID ER. THIS MORTGAGE,OR A COPY VERIFIEDBY AFFIDAVIT,WILL
BE A SUFFICIENT WARRANT D A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR
POSSESSIONOF THE PROPERTYWITHOUTANY PRIORWRITOR PROCEEDINGAND WITHOUTANY
STAY OF EXECUTION. LENDER SHALL HAVE THE RIGHT TO BRING ONE OR MORE AMICABLE
ACTIONS,AS PROVIDEDABOVE,FORTHE SAME, ORANY SUBSEQUENTDEFAULT,REGARDLESSOF
WHETHERANYPRIORACTIONWA DISCONTINUEDOR POSSESSIONOF THE PROPERTYREMAINED
IN OR WAS RESTOREDTO MOR GAGOR. THE AUTHORIZATIONTO OBTAIN POSSESSION AND
CONFESS JUDGMENT IS AN ES ENTIALPART OF THE REMEDIES FOR ENFORCEMENTOF THIS
MORTGAGEAND THE OBLIGATIO SAND SHALL SURVIVEANY EXECUTIONSALE TO LENDER. NO
PROVISIONOF THIS PARAGRAPH$HALL BE CONSTRUEDASA WAIVEROF MORTGAGOF'SRIGHTTO
ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE
EXECUTION OF THE CONFESSED JUDGMENT.
THIS SECTION DOES NOT APPLY TO A CONSUMER CREDIT TRANSACTION, EVEN IF CHECKED.
LPPA6011 0 Hadand flnanNal SoUlorr, Inc. (127/06) (800) 937.379*
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Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of
this Mortgage, and acknowledges receipt of an exact copy of same.
IN WITNESSWHEREOF,Mortgagor has caused this instrument to be executed as a sealed instrument this
28th day of February, 2006
MORTGAGOR:Patriotic Ventures In
sep s, President
MORTGAGOR:
MORTGAGOR:
MORTGAGOR:
MORTGAGOR:
MORTGAGOR:
MORTGAGOR:
MORTGAGOR:
LPPA601J ID Harland Financial Solullona, Inc. (127/02) (8010) 937.3799
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,i . al , . ..... l..h
COMMONWEALTH OF PENNSYLVANIASS
COUNTY OF
NQWW Slid
Apt, Itl Boom,
NOWYPIA*
??FMTfI1wI 21, 2008
Memel(?r?, pm r , W A o1 a Paaa"
On this, the day of before me, a Noy in and
for the Commonwealth and County aforesaid, personally appeared
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within instrument and acknowledged that he/she executed the same for the purposes herein contained.
WITNESSmy hand and seal ;the day and year aforesaid.
My Commission Expires:
Notary Public
COMMONWEAL H OF PENNSYLVANIgSS
COUNTY OF ( n
On the_;? day of U ?d4 , before me ?subrib r, Notary Public
in and for the Commonwealth and County afore aid, personally appeared- g?
who cKnowledg d imaeWheradif to be a/thQ 1' ? f'
of ?a Wfe and that he/she, as such officer,
being uthorized to do so, x cu th oing instrument for the purposed therein contained by
signing the name of th by himself/herself as such officer and desired
that the same might b eco ed as such.
WITNESSmy hand and seal the day and year aforesaid.
My Commission Expires- 0 k 62i??
otary ublic
CERTIFICATE OF RESIDENCE
I,
correct address of the within-named Lende
Witness my hand this a_ day of
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toad Harristn= PA 17110
Agent of Lender
Page 11 of 12
0_ts
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675 Williams Grove Road
Mechanicsburg PA 17055
Upper Allen Township /'-
As described in a dead dated ?p l ?J and recorded ?/? o aO in
Cumberland County Recorder of Deeds office in book 252, page 1394.
Parcel Identification No. 42-10-0644-005A
SC IEW 9.9
LPPA501L 0 Harland Financial Solutions, Inc. (127)06) (800) 887,7M
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UI E-:-?
94
LI C?
rv
..?
ur -?
O
I
County, Pennsylvania, to
On December 23rd , 2008 , this office was in receipt of the
attached return from ADAMS
So answers--,-
18.00
9.00 -'
10.00 R. T omas -Itl i n e
1.32 Sheriff of Cumberland County
.00
38.32 ?°???g?/r`'
12/23/2008
MCNEES WALLACE NURICK
Sworn and subscribe to before me
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-07204 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUSQUEHANNA BANK
VS
PATRIOTIC VENTURES INC
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
SAUNDERS WENDY I
but was unable to locate Her
deputized the sheriff of ADAMS
serve the within COMPLAINT - MORT FORE
Sheriff's Costs:
Docketing
Out of County
Surcharge
Postage
this day of
in his bailiwick. He therefore
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Susquehanna B nk, et. al.
VS. .
Joseph L. Sanders, et. al.
Serve: Wendy I. Sanders No. 2008-7204
Now, 12/12/08 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Adams County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original. So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
COSTS
SERVICE _
MILEAGE
AFFIDAVIT
the contents thereof.
County, PA
;,iNnoo sHvev
43183HS
S Z .z d s I 330 001
CI3AI3038
* 0_ 0 i • • * f # * * * * 0 ! A
MASON DIXON BUSINESS FORMS, INC. 33000026
DATE RECEIVED DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
3. DEFENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT:
PATRIOTIC VENTURES, INC. PIOMPlBiDt in Mortgage Foreclosure
OEM 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Patriotic Ventures, Inc.
8. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT 105 Tracy Drive, York Springs, PA
7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE O CERT. MAIL O REGISTERED MAIL ? POSTED O OTHER
Now, , 1, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
Stet or ADDS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy shwW levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such
any plaintiff heroin for any loos, destruction or removal of any such property batons shows sale thereof. deDWY or the sheriff to
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
Geoffrey S. Scuff, Esq. 9 PLAINTIFF (717) 237-5439
? DEFENDANT
SPACE L W F E OF SHERIFF ONLY -- N QT WRITE BELOW THIS LINE
12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACED Deputy or Clark and TO* 13. Date Received 14. Expiration / Hearing date
or complaint as indicated above. - - , , - , _ - - _
15. 1 hereby CERTIFY and RETURN that I I have personally served, ? have served person in charge, ? have legal evidence of service as shown in ..Remarks.. (on reverse)
? have posted the above described prop" with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address Inserted below by handingfor Posting a TRUE and ATTESTS COPY therof.
18. ? 1 herotly M* and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of iridividual served 1111. A prson of susabb site and 0 1 -11on Reed Order
Wend I. Sanders adult in charge at time of service =-a e""°.e?d: o °s'°n0r1 s uiYV ?
19. Address of where served (oompiats only 0 different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
12/15/08 1 4:18PM
22. ATTEMPTS Dab Mlles Dep.Int Date M1les Dep.lnt. Dab Mies Dop.bn. Dab Miss Dep.kd. Data PNae Dep.IM.
23. Advance Costs 24. 25. 26. 27. ToW Costs
287t?a??lf REFUND
$0D'001 $35.55 Pd.il 16/08 W114 45 Ck. #19361
AFFIRMED and subscribed to before me this
day
A
Y
Print or Type)
15/2008
JAMES W MULLER 1012/15/2008
SHERIFF OF ADAMS COUNTY
SHERIFF SERVICE THE SHERIFF""o the Sao "INSTRUCform. TIONS FOR SERVICE OF PROCESSBY
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print testy irasatrp of all copies.
Do not detach any copies. ACED lw V.N
1. PLAINTIFFS/ 2. COURT NUMBER
SUSQUEHANNA BANK 08-7204 Civil Term
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(a) to the defendant by ( ) regime ( ) certified tt , r receipt r0queeled
Poke prepaid, addressee only on the '
said receipt being relied IOT.aigntd,,by defendant, but with s .rotation by Peatal Authorities
that The returhdlMisopipt and onval
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And r
( ) (b) To the rant by, ordinary mail Ilttes ed to
address of the Sheriff appearing defendant at some 410411006, witk the re rn
thereon, on the
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that after fflen {} dtM'frlal?"tom I?hacrt„tisesi+l
said ORWdope back from ft Petal Aludterbes. A +!R of
marling is hereto attached as e
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t Amens
Co Bly Lepgal leWrW, a may, publication of Iowa circulation in
he County'of,Attlaaas,'Cornmcfjw *ft of Pennsylvania, and the Gettysburg Times, a daily
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from SOW Add County Legal Journal and N# The A#Wsv to
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks,
Plaintiff
: DOCKET NO. 08-7204 Civil Term
V.
PATRIOTIC VENTURES, INC.,
Defendant
TO THE PROTHONOTARY:
: MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
Please enter judgment in the above-captioned proceeding in favor of Plaintiff, Susquehanna
Bank, successor in interest to Community Banks, and against Defendant, Patriotic Ventures, Inc.,
in the amount of $307,573.26, plus interest in the amount of $55.14946 per day, late charges,
attorneys' fees and other expenses and costs, from November 25, 2008, through the date of
payment, including on and after the date of entry of judgment, and for foreclosure and sale of the
mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a
pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of
service thereof, and after 10-day Notice(s) of intention to file this Praecipe was or were sent.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 23, 2009 By:
eo uff, Esquire
'MWO
reme urt
'ST* C
ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notice of intent to take a default
judgment was forwarded to Patriotic Ventures, Inc. by United States Mail, first class, postage
prepaid, on January 6, 2009. The aforesaid notice was contained within an envelope bearing the
return address of the undersigned. The notice has not been returned to the undersigned as
undeliverable or otherwise. A Copy of the notice and Postal Forrp 3817 are attached hereto and
marked Exhibits "A" and "B", respectively. is 14 7
S. Shuff, Esquire
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks,
Plaintiff
DOCKET NO. 08-7204 Civil Term
V.
PATRIOTIC VENTURES, INC.,
Defendant
MORTGAGE FORECLOSURE
PREVIOUSLY ASSIGNED TO: N/A
TO: Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Date of Notice: January 6, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
717-249-3166
Respectfully submitted,
Date: January 6, 2009
McNees Wallace-&-Nurick LLC
By:
4 me CourYM #24848
100 Pine Str et, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
? s
;9SS
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From.
McNees 411ggg $? ljuripk ? LC ..1
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100"?ijIie5tre, P.Q Box 166` ?
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Harrisburg, PA 17108-1166
One piece of ordinary mail addressed to: tJ
cn
Patriotic Ventures, Inc. 9Qd` ? I
'C:1
c/o Joseph L. Sanders and Wendy I. Sanders K
o o?
"'
105 Tracy Drive °' ¦
s
York Springs, PA 17372 - ?o
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PS Form 3817, January 2001
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks,
Plaintiff
V.
PATRIOTIC VENTURES, INC.,
Defendant
: DOCKET NO. 08-7204 Civil Term
: MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
TO: Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
You are hereby notified that on . ? ;L , 2009, the following judgment has
been entered against you in the above captioned case:
Judgment in favor of Plaintiff, Susquehanna Bank, successor in interest to Community
Banks, and against Defendant, Patriotic Ventures, Inc., in the amount of $307,573.26, plus interest
in the amount of $55.14946 per day, late charges, attorneys' fees and other expenses and costs,
from November 25, 2008, through the date of payment, including on and after the date of entry of
judgment, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to
Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to
defend within twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this
Praecipe was or were sent.
Dated: onot
I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
611
A Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Por este medio se le esta notificando que el de del 2009, el/la
siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de
residencia:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 23, 2009 By:
CGe uff, Esquire
reme ourt ID #24848
100 Pine Street, PO Box -1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks,
Plaintiff
V.
PATRIOTIC VENTURES, INC.,
Defendant
: DOCKET NO. 08-7204 Civil Term
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
TO: Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
You are hereby notified that on %1"2 -S_9. , 2009, the following judgment has
been entered against you in the above captioned case:
Judgment in favor of Plaintiff, Susquehanna Bank, successor in interest to Community
Banks, and against Defendant, Patriotic Ventures, Inc., in the amount of $307,573.26, plus interest
in the amount of $55.14946 per day, late charges, attorneys' fees and other expenses and costs,
from November 25, 2008, through the date of payment, including on and after the date of entry of
judgment, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to
Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to
defend within twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this
Praecipe was or were sent.
- A- /,.- A hi 74 2 ?. & -
Dated: thon ary
I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
e -
A Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Por este medio se le esta notificando que el de del 2009, el/la
siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de
residencia:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy 1. Sanders
105 Tracy Drive
York Springs, PA 17372
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 23, 2009 By:
Ge uff, Esquire
reme. ourt M #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
DOCKET NO. 08-7204 CIVIL TERM
V.
PATRIOTIC VENTURES, INC.
Defendant
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To The Prothonotary:
Issue Writ of Execution in the above matter:
Amount due $307,573.26
Interest from November 25, 2008,
to February 24, 2009 $ 4,963.45
Interest on and after February 24, 2009 $ 55.14946 per diem
Costs $ to be added
Respectfully submitted,
Date: February 25, 2009
McNees Wallace & Nurick LLC
By:
Goeff5ofS. uff, Esquire
Supreme urt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
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ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point marked by an iron pin in the western dedicated right-of-way line of the
Old Grove Road (T-620), which point is in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2 on
said Plan, North 82 degrees 52 minutes 50 seconds West, 106.72 feet to an iron pin; thence
continuing along the division line between Lots Nos. 1 and 2 on said Plan, North 56 degrees 45
minutes 10 seconds West, 168.80 feet to an iron pin in the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017); thence along the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017), South 01 degrees 35 minutes 30 seconds West, 238.69 feet
to a point marked by a monument; thence by the same in a southeasterly direction by a curve to
the left having a radius of 18.00 feet, the arc distance of 33.96 feet to a point marked by a
monument in the Northern dedicated right-of-way line of the public township road known as
Diehl Road (T-569); thence extending along said right-of-way line of Diehl Road (T-569), North
73 degrees 30 minutes East 166.12 feet to a point marked by a monument in the western
dedicated right-of-way line of the Old Grove Road (T-620) aforesaid; thence extending along the
western dedicated right-of-way line of the Old Grove Road (T-620), north 34 degrees 35 minutes
30 seconds East, 125.62 feet to an iron pin in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of
BEGINNING.
BEING LOT NO.2 on the final subdivision plan for Miller's Orchards, Inc., which said Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 48,Page 80.
Tax Parcel No. 42-10-0644-005A.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
V.
PATRIOTIC VENTURES, INC.
Defendant
: DOCKET NO. 08-7204 CIVIL TERM
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT PURSUANT TO RULE 3129.1
Susquehanna Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the real property consisting
of one tract of land together with the buildings and improvements erected thereon located in Upper
Allen Township, Cumberland County, Pennsylvania, known and numbered as 675 Williams Grove
Road, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0644-005A.
1. Name and address of owner or reputed owner:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
2. Name and address of defendant in the judgment:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is
a record lien on the real property to be sold:
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of Pennsylvania
Department of Labor and Industry
Office of Unemployment Compensation Tax Services
P.O. Box 60848
Harrisburg, PA 17106-0848
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage
of record: None
5. Name and address of every other person who has any record lien on the property: None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale: None
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, Susquehanna Bank, verify that the
statements made in this affidavit are true and correct to the best of my personal knowledge,
information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities.
Respectfully submitted,
McNees Wallace urick LLC
Date: February 25, 2009 By:
eoffr
jplMhufftsquire
reme Court #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK, DOCKET NO. 08-7204 CIVIL TERM
successor in interest to Community Banks
Plaintiff
V.
MORTGAGE FORECLOSURE
PATRIOTIC VENTURES, INC.
Defendant PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendant in the above-captioned action,
Patriotic Ventures, Inc., is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 25, 2009 By:
?'eo huff, Esquire
Sup7ine rt ID #24848
et, P O Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
V.
PATRIOTIC VENTURES, INC.
Defendant
: DOCKET NO. 08-7204 CIVIL TERM
: MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TO:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and/or
Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Susquehanna Bank
Attn: James Seltzer
329 Pine Street
Williamsport, PA 17701
Cumberland County Tax Claim Bureau Upper Allen Township
1 Courthouse Square 100 Gettysburg Pike
Carlisle, PA 17013 Mechanicsburg, PA 17055
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
TAKE NOTICE:
Commonwealth of Pennsylvania
Department of Labor and Industry
Office of Unemployment
Compensation Tax Services
P.O. Box 60848
Harrisburg, PA 17106-0848
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: June 10, 2009
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: one tract of land together with the
buildings and improvements erected thereon located in Upper Allen Township, Cumberland
County, Pennsylvania, known and numbered as 675 Williams Grove Road, Mechanicsburg,
Pennsylvania 17055, Parcel No. 42-10-0644-005A.
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to: Susquehanna Bank, successor in interest to Community
Banks vs. Patriotic Ventures, Inc., No. 08-7204, in the amount of $307,573.26 plus interest at the
rate of $55.14946 per day, from November 25, 2008, through the date of payment, including on and
after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the
mortgaged property until the Sheriffs Sale.
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are:
Patriotic Ventures, Inc..
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to
the Court.
A copy of the Writ of Execution is attached hereto (or is available from the County
Prothonotary or Sheriff).
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 25, 2009 By:
eo .Shull, Esquire
S e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
d
V ,
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point marked by an iron pin in the western dedicated right-of-way line of the
Old Grove Road (T-620), which point is in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2 on
said Plan, North 82 degrees 52 minutes 50 seconds West, 106.72 feet to an iron pin; thence
continuing along the division line between Lots Nos. 1 and 2 on said Plan, North 56 degrees 45
minutes 10 seconds West, 168.80 feet to an iron pin in the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017); thence along the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017), South 01 degrees 35 minutes 30 seconds West, 238.69 feet
to a point marked by a monument; thence by the same in a southeasterly direction by a curve to
the left having a radius of 18.00 feet, the arc distance of 33.96 feetlo a point marked by a
monument in the Northern dedicated right-of-way line of the public township road known as
Diehl Road (T-569); thence extending along said right-of-way line of Diehl Road (T-569), North
73 degrees 30 minutes East 166.12 feet to a point marked by a monument in the western
dedicated right-of-way line of the Old Grove Road (T-620) aforesaid; thence extending along the
western dedicated right-of-way line of the Old Grove Road (T-620), north 34 degrees 35 minutes
30 seconds East, 125.62 feet to an iron pin in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of
BEGINNING.
BEING LOT NO.2 on the final subdivision plan for Miller's Orchards, Inc., which said Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 48,Page 80.
Tax Parcel No. 42-10-0644-005A.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
V.
PATRIOTIC VENTURES, INC
Defendant
: DOCKET NO. 08-7204 CIVIL TERM
MORTGAGE FORECLOSURE
: PREVIOUSLY ASSIGNED TO: N/A
WAIVER OF WATCHMAN
Any deputy sheriff levying upon or attaching any property under within Writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of
such levy or attachment, without liability on the part of such deputy or the sheriff to any Plaintiff
herein for any loss, destruction or removal of any such property before Sheriffs Sale thereof.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 25, 2009 By?
G #?K 5 huff, Esquire
reme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
`O
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-7204 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SUSQUEHANNA BANK, SUCCESSOR IN INTEREST
TO COMMUNITY BANKS Plaintiff (s)
From PATRIOTIC VENTURES, INC.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$307,573.26
L.L.$.50
Interest FROM NOVEMBER 25, 2008 TO FEBRUARY 24, 2009 - $4,963.45
INTEREST ON AND AFTER FEBRUARY 24,209 $55.14946 PER DIEM
Atty's Comm %
Atty Paid $15732
Due Prothy $2.00
Other CostsTO BE ADDED
Plaintiff Paid
Date: FEBRUARY 25, 2009
(Seal)
Curti R. Long, _P o otary
By:
Deputy
REQUESTING PARTY:
Name GEOFFREY S. SHUFF, ESQUIRE
Address: 100 PINE STREET, PO BOX 1166, HARRISBURG, PA 17108-1166
Attorney for: PLAINTIFF
Telephone: 717-237-5439
Supreme Court ID No. 24848
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
V.
: DOCKET NO. 08-7204 CIVIL TERM
MORTGAGE FORECLOSURE
PATRIOTIC VENTURES, INC.
Defendant : PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. 3129.2(c)(2)
Plaintiff, Susquehanna Bank, hereby files this Return of Service and swears and affirms that
the person or persons listed below, whose names appear in the Affidavit filed in this proceeding
pursuant to Pa. R.C.P. 3129.1, were served with the Notice of Sheriff s Sale Pursuant to Pa. R.C.P.
3129.2 and legal description in the United States Mail, first class, with certificates of mailing.
A copy of each certificate of mailing is attached hereto.
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and/or
Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Susquehanna Bank
Attn: James Seltzer
329 Pine Street
Williamsport, PA 17701
Cumberland County Tax Claim Bureau Upper Allen Township
1 Courthouse Square 100 Gettysburg Pike
Carlisle, PA 17013 Mechanicsburg, PA 17055
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Date: March 21, 2009
Commonwealth of Pennsylvania
Department of Labor and Industry
Office of Unemployment
Compensation Tax Services
P.O. Box 60848
Harrisburg, PA 17106-0848
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
9. Shuff, Esquire
Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
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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 SUSQUEHANNA BANK is the grantee the same having been sold to said
grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the
25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008
Number 7204, at the suit of SUSQUEHANNA BANK against PATRIOTIC VENTURES INC is duly
recorded as Instrument Number 200937606.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
A.D. aoio 2
Recorder of Deeds
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-7204 Civil Term
Susquehanna Bank, as Successor in interest to Community banks
Vs
Patriotic Ventures, Inc.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant to wit: Patriotic
Ventures, Inc., but was unable to locate them in his bailiwick. He therefore deputized the
Sheriff of York County, Pennsylvania to serve the within named, Real Estate Writ of
Execution, Notice of Sheriff's Sale and Description according to law.
York County Return- And now the 25t` day of March 2009, unable to serve the
within Real Estate Writ of Execution, Notice of Sheriff's Sale and Description, upon
Patriotic Ventures, Inc., Address is located in Adams County Pennsylvania, So Answers;
Richard Keuerleber, Sheriff of York County.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry
for the within named defendant to wit: Patriotic Ventures, Inc., but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of Adams County,
Pennsylvania to serve the within named, Real Estate Writ of Execution, Notice of
Sheriff's Sale and Description according to law.
Adams County Return - and now, March 31, 2009, served the within, Writ of
Execution, Notice of Sheriff's Sale of Real Property and Legal Description, upon
Patriotic Ventures, Inc., by making known unto Wendy Sanders, Co-Owner, at the
Adams County Sheriff's Office, I I 1 Baltimore Street, Room Four, Gettysburg, PA
17325, Pennsylvania, its contents and at the same time handing to her a true and correct
copy of the samb. So Answers; James W. Muller, Sheriff of Adams County,
Pennsylvania. I
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states
that on April 4, 2009 at 0820 hours, he posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of Patriotic
Ventures, Inc, located at, 675 Willliams Grove Road, Mechanicsburg, Cumberland
County Pennsylvania, according to law.
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 September 2, 2009 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Geoffrey S. Shuff, on behalf of Susquehanna Bank, of, 100
Sterling Parkway, Suite 100, Mechanicsburg, PA 17055, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $ 1,126.88
Sheriff's Costs:
Docketing 30.00
Poundage 22.10
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Milage 8.10
Levy 15.00
Surcharge 20.00
Deputize York County 19.00
Deputize Adams County 38.48
Out of County 18.00
Law Journal 401.00
Patriot News 334.77
Post Pone Sale 40.00
Share of Bills 15.43
Distribution of Proceeds 25.00
Sheriff's Deed 49.50
FILFT1 p 2 rn
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1,126.88 ? - Ijip/o9 4?-
So Answ rs,
R. Thomas Kline, Sheriff
By 01 CU?- c- ZA=g??
Real Estate Coordinator
?? ??L77
r? .733529
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N008-7204 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF ORCUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SUSQUEHANNA BANK, SUCCESSOR IN INTEREST
TO COMMUNITY BANKS Plaintiff (s)
From PATRIOTIC VENTURES, INC.
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$307,573.26 L.L.$.50
Interest FROM NOVEMBER 25, 2008 TO FEBRUARY 24, 2009 - $4,963.45
INTEREST ON AND AFTER FEBRUARY 24,209 $55.14946 PER DIEM
Atty's Comm %
Atty Paid $157.32
Plaintiff Paid
Date: FEBRUARY 25, 2009
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other CostsTO BE ADDED
C s . Long, Pro ota
By:
Deputy
Name GEOFFREY S. SHUFF, ESQUIRE
Address: 100 PINE STREET, PO BOX 1166, HARRISBURG, PA 17108-1166
Attorney for: PLAINTIFF
Telephone: 717-237-5439
Supreme Court ID No. 24848
Real Estate Sale # 82
On February 27, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 675 Williams Grove Road,
Mechanicsburg, More fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein .y
Date: February 27, 2009
f
By: rl- U
LLI
a
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK, DOCKET NO. 08-7204 CIVIL TERM
successor in interest to Community Banks
Plaintiff
V.
MORTGAGE FORECLOSURE
PATRIOTIC VENTURES, INC.
Defendant PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT PURSUANT TO RULE 3129.1
Susquehanna Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the real property consisting
of one tract of land together with the buildings and improvements erected thereon located in Upper
Allen Township, Cumberland County, Pennsylvania, known and numbered as 675 Williams Grove
Road, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0644-005A.
1. Name and address of owner or reputed owner:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
2. Name and address of defendant in the judgment:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is
a record lien on the real property to be sold:
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of Pennsylvania
Department of Labor and Industry
Office of Unemployment Compensation Tax Services
P.O. Box 60848
Harrisburg, PA 17106-0848
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage
of record: None
5. Name and address of every other person who has any record lien on the property: None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale: None
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, Susquehanna Bank, verify that the
statements made in this affidavit are true and correct to the best of my personal knowledge,
information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities.
Respectfully submitted,
McNees Wallace &-Nurick LLC
Date: February 25, 2009 By:
SWeme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
COURT OF COMMON, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SUSQUEHANNA BANK,
successor in interest to Community Banks
Plaintiff
V.
PATRIOTIC VENTURES, INC.
: DOCKET NO. 08-7204 CIVIL TERM
MORTGAGE FORECLOSURE
Defendant PREVIOUSLY ASSIGNED TO: N/A
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TO:
Patriotic Ventures, Inc.
c/o Joseph L. Sanders and/or
Wendy I. Sanders
105 Tracy Drive
York Springs, PA 17372
Susquehanna Bank
Attn: James Seltzer
329 Pine Street
Williamsport, PA 17701
Cumberland County Tax Claim Bureau Upper Allen Township
1 Courthouse Square 100 Gettysburg Pike
Carlisle, PA 17013 Mechanicsburg, PA 17055
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of Pennsylvania
Department of Labor and Industry
Office of Unemployment
Compensation Tax Services
P.O. Box 60848
Harrisburg, PA 17106-0848
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: June 10, 2009
TIME: 10:00 a.m.
LOCATION: Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is: one tract of land together with the
buildings and improvements erected thereon located in Upper Allen Township, Cumberland
County, Pennsylvania, known and numbered as 675 Williams Grove Road, Mechanicsburg,
Pennsylvania 17055, Parcel No. 42-10-0644-005A.
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to: Susquehanna Bank, successor in interest to Community
Banks vs. Patriotic Ventures, Inc., No. 08-7204, in the amount of $307,573.26 plus interest at the
rate of $55.14946 per day, from November 25, 2008, through the date of payment, including on and
after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the
mortgaged property until the Sheriffs Sale.
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are:
Patriotic Ventures, Inc..
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution
of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the
Court of Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to
open the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a legal
defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of
the within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before presentation to the Court
and a proposed order or rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to
the Court.
A copy of the Writ of Execution is attached hereto (or is available from the County
Prothonotary or Sheriff).
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: February 25, 2009 By: /?l -
eo . Shuff, Esquire
k,5-upFe e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, Susquehanna Bank
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point marked by an iron pin in the western dedicated right-of-way line of the
Old Grove Road (T-620), which point is in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 1 and 2 on
said Plan, North 82 degrees 52 minutes 50 seconds West, 106.72 feet to an iron pin; thence
continuing along the division line between Lots Nos. 1 and 2 on said Plan, North 56 degrees 45
minutes 10 seconds West, 168.80 feet to an iron pin in the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017); thence along the eastern legal right-of-way line of the
Williams Grove Road (L.R. 21017), South 01 degrees 35 minutes 30 seconds West, 238.69 feet
to a point marked by a monument; thence by the same in a southeasterly direction by a curve to
the left having a radius of 18.00 feet, the arc distance of 33.96 feet to a point marked by a
monument in the Northern dedicated right-of-way line of the public township road known as
Diehl Road (T-569); thence extending along said right-of-way line of Diehl Road (T-569), North
73 degrees 30 minutes East 166.12 feet to a point marked by a monument in the western
dedicated right-of-way line of the Old Grove Road (T-620) aforesaid; thence extending along the
western dedicated right-of-way line of the Old Grove Road (T-620), north 34 degrees 35 minutes
30 seconds East, 125.62 feet to an iron pin in the division line between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of
BEGINNING.
BEING LOT NO. 2 on the final subdivision plan for Miller's Orchards, Inc., which said Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 48,Page 80.
Tax Parcel No. 42-10-0644-005A.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
May 1, May 8, and May 15, 2009
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.
Coyne,
SWORN TO AND SUBSCRIBED before me this
C2? 15 day of Mgy. 2009 Ole, e?'
Notary NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
RM" XMIM AW" 180. 92
Writ No. 2008-7204 Civil
Susquehanna Bank, Successor in
interest to Community Banks
vs.
Patriotic Ventures, Inc.
Atty.: Geoffrey S. Shuff
ALL THAT CERTAIN piece or par-
cel of land situate in the Township of
Upper Allen, County of Cumberland
and State of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point marked by
an iron pin in the western dedicated
right-of-way line of the Old Grove
Road (T-620), which point is in the
division line between Lots Nos. 1
and 2 on the hereinafter mentioned
Plan of Lots; thence along the divi-
sion line between Lots Nos. 1 and 2
on said Plan, North 82 degrees 52
minutes 50 seconds West, 106.72
feet to an iron pin; thence continuing
along the division line between Lots
Nos. 1 and 2 on said Plan, North
56 degrees 45 minutes 10 seconds
West, 168.80 feet to an iron pin in
the eastern legal right-of-way line
of the Williams Grove Road (L.R.
21017); thence along the eastern
legal right-of-way line of the Williams
Grove Road (L.R. 21017), South 01
degrees 35 minutes 30 seconds West,
238.69 feet to a point marked by a
monument; thence by the same in a
southeasterly direction by a curve to
the left having a radius of 18.00 feet,
the arc distance of 33.96 feet to a
point marked by a monument in the
Northern dedicated right-of-way line
of the public township road known as
Diehl Road (T-569); thence extending
along said right-of-way line of Diehl
Road (T-569), North 73 degrees 30
minutes East 166.12 feet to a point
marked by a monument in the west-
ern dedicated right-of-way line of the
Old Grove Road (T-620) aforesaid;
thence extending along the western
dedicated right-of-wW line of the Old
Grove Road (T-620), north 34 degrees
35 minutes 30 seconds East, 125.62
Amt to an gram pawn in the dMoon lase
between Lots Nos. 1 and 2 on the
hereinafter mentioned Plan of Lots,
first above mentioned, at the point
and place of BEGINNING.
BEING LOT NO. 2 on the final
subdivision plan for Miller's Or-
chards, Inc., which said Plan is
recorded in the Cumberland County
Recorder's Office in Plan Book 48,
Page 80.
Tax Parcel No. 42-10-0644-
005A.
The Patriot-News Co.
812 Market St
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the ?latriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place 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 arid adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/24/09
05/01/09
05/08/09
........ `T1Y..._.r ..... .
Sworn to a scribed before me this 12 day of May, 2009 A.D.
N
Notary Public
COMMONWEALTH OF PENNSYLVANIF,
i Notarial Seal p
Sherrie L Kisner, Notary Punic I
CRy Of Harrisburg; Dauphin County
My Corrwrilssan ExQirea Nov. 26.2011
Member, Pennsylvania Association of Notaries
Real Estate Sale No. Sk
Writ No. 2008-7204 Civil Term
Susquehanna Bank, Successot
in interest to Community Banks
VS
Patriotic Ventures, Inc.
Attorney Geoffrey S. Shuff
LEGAL DESCRIPTION
ALL, THAI" CERTAIN piece of t;atcei
ituate in the Township of Lipper Allen.
of Cumberland and State of Penn,' pounded and described as f6flohs. t„
BEGINNING at a point ;narked by -i
!n the western dedicated right-of-way fine
Old Grove Road (T-620), which point i>
division line between Lots Nos 1 and
hereinafter mentioned Plan of Lots; then.
the division line between Lots Nos. 1 :m' "
said Plan. North 82 degrees 5' minute '
,eeonds West, 106.?2 Fee? to an trop pin: then.
continuing along the division line between i.
Nos, I and 2 on said Plan. North 56 degas
minutes 10 seconds West, 168.80 feet an
pin in the eastern legal right-of-way line
Williams Grove Road 1A, 310171: tlr:.
along the eastern legal right-of-way line
Williams Grove Road (L.R. 2101?;.. South
degrees 35 minutes 3f) seconds Wes', 235.69
to a point marked by a monument; thence b; 1,:k
same in a southeasterly direction by a curve ,,
the left having a radius of 18.00 feet, the aye
distance of 33.96 feet to a point marked h,,
monument in the Northern dedicated right-?
way line of the public township road known
Diehl Road (T-569): thence extending along ai+
right-of-way line of Diehl Road (T-5691, Mari
'3 degrees 30 minutes East 166,!' fe
point marked by a monument w the
dedicated right-of-way line of the Old
Road (T-620) aforesaid; thence extendine aloe
the western dedicated right-of-way line of lir=
Old Grove. Road (T-620). north 34 degree,
minutes 30 seconds East, 725.62 feet to as Its
pin in the division line between Lots Nay, i It -
2 on the hereinafter mentioned Plan of Lots. :-
above mentioned, at the point and plact
BEGINNING.
BEING LOT NO. _- on the iinat ,ubdivisioa pit:
for Miller's Orchards, Inc- which said Plan
recorded in the Cumberland County Rerar,&-
Office in Plan Book 48,Page 80.
lax Parcel No. 42-10_0644-005A