HomeMy WebLinkAbout09-3520IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL, ACTION - LAW
Adams County National Bank,
Plaintiff,
No. 04-26A0 Civil errw
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Action in Mortgage Foreclosure
Defendants.
To: Steve Westhafer, also known as Steven E. Westhafer, and
the United States of America, Defendants:
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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, No.
Plaintiff,
VS.
Action in Mortgage Foreclosure
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
To: Steve Westhafer, also known as Steven E. Westhafer, and
the United States of America, Defendants:
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de
las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a
partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia
escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus
objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en al
demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED
PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES
PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
2
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION - LAW
Adams County National Bank,
VS.
" Steve Westhafer, also known as
Steven E. Westhafer, and
the United States of America,
No. 09- 3 Gaza &u a 74.E--
Action in Mortgage Foreclosure
Plaintiff,
Defendants.
COMPLAINT
AND NOW, this dTr" day of Mao , 2009, comes the Plaintiff,
Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this
action in mortgage foreclosure against Steve Westhafer, also known as Steven E. Westhafer,
and the United States of America, Defendants, whereof the following is a statement:
1. The Plaintiff is Adams County National Bank, Mortgagee, a national banking
corporation organized and existing under the laws of Congress relating to national banks, with
its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania
17325.
2. The Defendant is Steve Westhafer, also known as Steven E. Westhafer, an adult
individual who resides at 71 Silver Crown Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3
3. Defendant, Steve Westhafer, also known as Steven E. Westhafer, is not in the
military or naval service of the United States or its allies within the provisions of the
Servicemembers Civil Relief Act of 2005, 50 App. U.S.C.A. § 501 et seq.
4. The United States of America is named parry defendant, pursuant to the provisions
of 28 U.S.C.A. §2410. The United States of America claims liens on the property herein
sought to be foreclosed, initiated by the filing of the following Notices of Federal Tax Liens:
(A) Notice of Federal Tax Lien No. 2006-05055, naming Steve E. Westhafer, as
taxpayer, filed on August 30, 2006, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $28,353.51 (a copy of said Federal Tax Lien is attached hereto
and marked as Exhibit "A").
(B) Notice of Federal Tax Lien No. 2008-00035, naming Steve E. Westhafer as
taxpayer, filed on January 3, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $9,940.91, (a copy of said Federal Tax Lien is attached hereto
and marked Exhibit `B").
(C) Notice of Federal Tax Lien No. 2008-04691, naming Steve E. Westhafer as
taxpayer, filed on July 31, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $89,516.58, (a copy of said Federal Tax Lien is attached
hereto and marked Exhibit "C").
5. On February 25, 2004, the Defendant, made, executed and delivered a mortgage
upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded
in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record
Book 1855 at page 1924, a copy of said mortgage being attached hereto and marked as
Exhibit "D" and incorporated herein by reference.
4
6. The mortgage secures Defendant's note dated February 25, 2004, in the amount of
$911,294.00, payable to Plaintiff in monthly installments with interest adjusted as per terms
of the note, a copy of which is attached hereto as Exhibit "E" and incorporated herein by
reference.
7. Said mortgage has not been assigned.
8. The real estate is described as follows:
ALL that certain tract of land situate in the Township of Silver Spring,
County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown
Drive at the dividing line between Lots Nos. 5 and 6 on the hereinafter
mentioned Plan of Lots; thence along the southern side of Silver Crown
Drive, South 87 degrees 13 minutes East, a distance of one hundred (100)
feet to the dividing line between Lots Nos. 4 and 5 on the hereinafter
mentioned Plan; thence along said dividing line, South 02 degrees 47
minutes West, a distance of two hundred twenty-two and seventy-eight
hundredths (222.78) feet to a point; thence South 85 degrees 14 minutes
West, a distance of one hundred and eight hundred seventy-five thousands
(100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on
the hereinafter mentioned Plan of Lots; thence along said dividing line,
North 02 degrees 47 minutes East, a distance of two hundred thirty-four
and three hundredths (234.03) feet to the southern side of Silver Crown
Drive at the point or place of BEGINNING.
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in
the Cumberland County Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey
L. Thompson, his wife, by deed dated October 6, 1978, and recorded in
the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and
conveyed unto Steve Westhafer, Mortgagor herein.
9. Said mortgage is in default because the payments of principal and interest, which
have become due and payable on February 25, 2009, and on the 25th day of each month
thereafter, remain due and unpaid. By the terms of said mortgage and at the option of
5
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable.
10. The present owner-of the real estate is the Defendant, Steve Westhafer, also
known as Steven E. Westhafer.
11. By reason of the aforesaid default, the following amounts are due in accordance
with the terms of the mortgage:
(a) Balance of unpaid principal $834,890.00
(b) Interest from 04/12/09 to 05/26/09 $ 8,874.05
(Plus $142.96 per diem thereafter)
(c) Late charges to 05/26/09 $ 1,218.42
(Plus $214.81 per month thereafter)
(d) Other fees $ 2,023.12
(e) Attorney's commissions $ 25,000.00
TOTAL $872,005.59
12. The attorney's commissions set forth above are in conformity with the mortgage
documents and Pennsylvania law and will be collected in the event of a third party purchaser
at Sheriff's Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable
attorney's fees will be charged based upon legal work actually performed.
13. The Combined Notice of Delinquency, which satisfies the requirements of the
Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S.
§ 1680.401 c), as amended, has been sent to Defendant by first-class mail, postage prepaid, and
by certified mail, return receipt requested. Copy of the Combined Notice of Delinquency sent
to Defendant is attached hereto and marked as Exhibit "F" and incorporated herein by
reference. The Certified Mail Receipt (PS Form 3800) and Domestic Return Receipt (PS
Form 3811) from the mailing of said Notice to Defendant is attached hereto and marked as
Exhibit "G". Said Receipt is incorporated herein by reference.
6
WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
sum of $872,005.59, plus interest from May 27, 2009, at a per diem of $142.96, additional
late charges, costs of suit, and other charges collectible under the terms of the mortgage; for
the foreclosure and sale of the mortgaged property; and for other relief as the Court deems
appropriate. Plaintiff also demands judgment against the United States of America for the
purpose of divesting the tax liens held by such Defendant.
Respectfully submitted:
PURL, EASTMAN & THRASHER
By: 6e -
Edward G. Puhl, Esquire
Attorney ID Number 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
7
STATE OF PENNSYLVANIA,
COUNTY OF ADAMS
Susan M. Saylor, being duly sworn according to law, does depose and say that she is
the Assistant Vice President, Collections, of Adams County National Bank, and that the facts
set forth in the foregoing complaint are true and correct to the best of her knowledge,
information and belief.
Susan M. Saylor
Sworn to and subscribed before me
this 1:1'?day of M Q4
,
2009. 41
Notary Public
pp pNWE_ OF PENNSYLVA NA
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EXHIBIT "A.°
PAIGE 1of2
ivrc
Department of the Treasury - Internal Revenue Service
Fong 66a (Y)(c)
Illev. Few 2000 HOaC! OE Fedarat Tax Lim
Area:
AthM BMIN388/8ELF EMPLOYED AREA lit Number
Lien Unit Phone: (800) 829-3903 310069506
As Pmvlded W aeedn 6321, 6322, ad 6313 of ew I - - - Reveaoe
Code, we are *oft a W" that taxes 00deft bttorast ad Pella Mn)
wve ass an= W aodim dw foNowkg hawed a4aw. we wve Dade
a denaod for Paytaeat of tbk 611il ft, but k r+eeaia o"mM. 7be Wbm
twre k a Ma b taxer of aloe Wked sates oa am peony ad rWm to
P WNCY 6 -11 l4itt 00 dds UNPrjer for the ao.ot of drew smixis, and
addl kmd Petakks, ' ' 144 ad coats that tray -rase.
Name of Taxpayer STEVE EWES TIMER
Residence 71 SILVER CROWN DR
MECHANICSBURG, PA 17050-1638
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84MRTANT RELEM RIFORMATONt For each assessment listed below,
unless notice of the lien la rsifled by the date given in ooMnn 18), this notka shah,
on the 8326(a such date. operate as a certif late of roW" me defined
aw of Tax T E kWAftft tin" A ummut R
1040 112/31/200t XXX-XX-2265 02/09/2004 03/11/2014
1040 12/31/200XXX-XX-2265 01/03/2005 02/02/2015
1040 12/31/2003 XXX-XX-2265 104/04/20051 05/04/2015
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
G(Ameoayiit
19251.32
5852.25
3249.94 -
Total ?$ 28353.51
This notice was prepared and signed at DETROIT, MI
the 15th day of August 2006
, on this,
Signature f? A
80 22-00-0008
for REGIA OMS (800) 829-3903
?•--••» ...w•, s w OF 0"xw vMwi u try low to take acknowledgnma Is not aaewM to tha
Rev RW. 71-465,1971 - 2 C.B. 409)
tart t - Karst my Re"Wakir Oak*
F.XHIM 'A"
F of Notice of Federal Tax then
Form 6WYXC) 8%v. 2-2000
CAT. No 60025X
PAGE 2of 2
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MITI "B" PACE 1 of 2
6152
Department of the Treasury - Internal Revenue Service
Form "a (yXC)
(R
b
0 No" of FS&W Tau Lien
ev. Fe
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" 7& . OF le FYL-
Area: Serb Number For 0 onsi Use by Rw ordin Ot
SMALL BU8n SS/SELF EMPLOYED AREA #2
Lien Unit Phone: (so0) 913-6050
410602207 dd s i9. o
T? P
As provi" by sacdow 6321, 6322, and 6323 of tine bang Rariwwe CX /9 y1 s'
Coda, we are dvlaff a nods that taaxs (Mxied hg bw - st and pw aWn)
berm beaw anund nodw the fop kgI4 a=ad'tazPalnr. We ha" wMde 0& ?o? xA
a for P of dds &MlkY, bat h r1flu : wpaid. 7'Mareli M
dwrs k a paw 1a fww of tine Unload Stags on an p+opartp and riffs w n ^+
PW tY to this ca paw for dw anm wwt of tbm trees, awd
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Name of Taxpayer STEVE 8 WSSTHAFSR ...
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Residence 71 SILVER CROWN DR
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MECHANICSBURG, PA 17050-1638 ? - -?-f
IMPORTANT RELEASE R00MAT161%. For each assessment lietsd below,
MOM notice of the ten is rsflled by the date given in column (el, this notice shah,
on the day following such date, operate as a certificate of rslseae as defined
In 1fiC 8326(a).
Kbtd of Tax Tax F"
EndMK Dag of
k1@Fd YbW Nomber Awwsmm Lest Day for
Rwo"
La) c (,d) (4)
1040 12/31/2004 XXX-XX-2265 04/02/2007 05/02/2017 9940.91
Place of Fling
Prothonotary
Cumberland County
Carlisle, PA 17013
Total 1$ 9940.91
This notice was prepared and signed at DETROIT, MI
the 19th day of December 2007
Signature 7?-- A. '}„
for DAVID M. SHROYER
, on this,
Title
REVENUE OFFICER 22-06-1442
(717) 777-9625 x1320
4-- w.v.vww or oriwer sYtT Wvw by few to take scknowledpm m Is not ssserOW tD the vNidhy of Notloe of Federal Tax lien
Rev. Rul. 71-488, 1971 - 2 C.B. 4091
Put I - Kept by Reoaisg OMw Form AT. NO 800.26X4}
E)IHBIT °B° PAGE 2 of 2
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?TR?'?' fC" PACE 1 of 2
Form 668 (Yxc)
(Rev. Fobnoy 20041
Department of the Treasury - Internal Revenue Service
Nodes of Federal Tax Lien
7Zb.oR y
Serial Number
Sw BUSINESS/SELF EMPLOYED AREA #2
Lien Unit Phone: (800) 913-6050 458434608
As p in&M- by settles 6321, 6322, and 6323 of dw bltarnsl R?swnae
Craft we we MWb t a nodes doe was (bKbWh t iltaest and penaldss)
baw be assn d spi t Ae Iio6owblr0 lrrled wpaysr. Wi law made
a dansand for patrnssnt of dds SA ft, bat k r+alllai 11 mpWd. lbirsfoe,
dwe Is a Mar he fbwr of ft IlnW States on sM property and d*ft to
Mupwiy I I'm *big to dds tamer for the amumm of dis taxes, and
addkkod psn klow, lowest, sad casts dot nlay anew.
Residence 71 SILVER CROWN DR
MECHANICSBURG, PA 17050-1638
For OstlonN Use by Rs
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WORTANT RELEASE ONOMATWNr For esch assessment sew blow.
unless notice of the Nan Is Wiled by the date given in cohsrtn (e), this notes shah,
on the day following such dete, operate as a certificate of release as defbted
In IRC 8326(4).
Kind of Tax T fth row at 481; MW rw
t MML ybw Nmabw A 8
1040 112/31/2005' XXX-XX-2265 04/14/2008 05/14/2018
Place of Filing
Prothonotary
Cumberland County
Carlfele, PA 17013
This notice was prepared and signed at DETROIT, MI
the 22nd day of July 2008
015= e
89516.58
Total ($ 89516.58
on this,
Signature ?- A. 1 - Title OFFICER 22-06-1442
for DAVID M. SHROYER (717) 777-9625 x1320
(NOTet Cerdfieate of of kmr audwrlxsd by low to take acknowW nwn k not emwWW to the vs0d1ty of Necks of Federd Tax Men
Rev. Rul. 71-466,1971 - 2 C.B. 408) fart t - IGW g Res F. -16 0MM CAT. N NO
FO^n 1O 802-2025X 6X
]Exs f "C" Page 2 Of 2
K Rtifi R. #-IEGLFR
URDt:I; OF DEEDS
:RLA ND COUNTY-F
`l Fta 27 PM 3 29
Commonwealth of Pennsylvania Space Above This Line For Recording Data
OPEN-END MORTGAGE
This Mortgage secures future advances
1. DATE AND PARTM. The date of this Mortgage (Security Instrument) is . MRWT 2 5 2 0 0 4
and the parties, their .
addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
STEVE WESTHAFER
71 SILVER CROWN DRIVE
MECHANICSBURG PA 17055
? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER:
ADAMS COUNTY NATIONAL BANK:
PO BOX 3129
GETTYSBURG PA 17325
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this
Security Instrument, Mortgagor grants, bargains, conveys . and mortgages to Lender the following
described property:
SEE ATTACHED LEGAL DESCRIPTION
The property is located in ........ URERLAND, • ........... at
71 SILVER CROWN DRIVE MECHANICSBURG 17055
.............................................., .............. Pennsylvania
Together with all rights)
easements, app (City ......... c? Code)
timber, all diversion payments third ??' royal , mineral rights, oil and gas rights, crops,
Party payments made to crop producers, all water and riparian
rights, wells, ditches, reservoirs, and water stock and all existing and f iture improvements, structures,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate described
above (all referred to as "Property").
3. MARZMUM OBLIGATION LE WIT. The total principal amount secured by this Security Instrument at
any one time shall not exceed $ .... 911 294:.00..... , , This limitation of amount does not include
interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation
does not apply to advances made under the terms of this Security Instrument to protect Lender's security
and to perform any of the covenants contained in this Security Instrument.
PENNSYLVANIA - AGRICULTURAL)COMMEEROCIIAL MOORgTOABE (NOT FOR FNMA FHIMC, FNA OR VA USE, AND NOT FOR CONSUMER PURPOSES) !page 1 of 10)
.-?b?crt O 1994 Bankers Sya[eme, Irrc.,gt &W, MN Form AO/C0-MTGi-PA 7/19/2000 E/!Jv
ElHIIB - °D° PACE? 1 Of 11
BKI855PG1924
v
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s); contract(s), guaranty(s) or other evidence
of debt described below and all their extensions, renewals, modifications or substitutions. (When
referencing the debts below it is suggested that you include items such as borrowers' names, note
amounts, interest rates, maturity dates, etc.)
BORROWER: WESTY'S VILLAGE INC
LOAN AMOUNT: $ 911,294.00
INTEREST RATE: 6.000 t
MATURITY DATE: 02/25/2024
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender
eSy promissory note, contract, guaranty, or other evidence of debt existing now or executed
Security Instrument whether or not this Security Instrument is specifically referenced. If
more than one person signs this Security Instrument, each Mort gagor agrees that this Security
Instrument will secure all future advances and future obligations that are given to or incurred by
any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and
other future obligations are secured by this Security Instrument even though all or part may not yet
be advanced. All future advances and other future obligations are secured as if made on the date of
this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to
make additional or future loans or advances in any amount. Any such commitment must be agreed
to in a separate writing.
C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not
prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit
account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or
otherwise protecting the Property and its value and any other sums advanced and expenses
incurred by Lender under the terms of this Security Instrument.
This Security Instr anent will not secure any other debt if Lender fails to give any required notice of the
right of rescission.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security ina meat.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the
Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERF.SPS. With regard to any other mortgage, deed of trust, security agreement
or other lien document that created a prior security interest or encumbrance on the Property, o1VI rtggor
agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To pro mptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to ow any modification or extension of, nor to request any future advances under any note
or agreement secured by the lien document without Lender's prior written consent.
8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due. Lender may
require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts
evidencing Mortgagor s payment. Mortgagor will defend title to the Property against any claims that
would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by
Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials
to maintain or improve the Property.
ggppgg? ? gg (page 2 of 10)
E1q5&r-t1; O 1994 Bankers SYSbms.l . S4?CIwd, MN F. AG/CO-MTG PA 711912000
13l?iiBlT"D" PACK: 2 of 11
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the
Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any
lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by
federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in
effect until the Secured Debt is paid in full and this Security Instrument is released.
10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a
natural person (such as a corporation or other organization), Lender may demand immediate payment if-
A. A beneficial interest in Mortgagor is sold or transferred.
B. There is a change in either the identity or number of members of a partnership or similar entity.
C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or
similar entity.
However, Lender may not demand payment in the above situations if it is prohibited by law as of the date
of this Security Instrument,
11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural
person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties
and representations which shall continue as long as the Secured Debt remains outstanding:
A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or
organization. Mortgagor is in good standing in all states in which Mortgagor transacts business.
Mortgagor has the power and authority to own the Property and to carry on its business as now
being conducted and, as applicable, is qualified to do so in each state in which Mortgagor
operates.
B. The execution, delivery and performance of this Security Instrument by Mortgagor and the
obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly
authorized, have received all necessary governmental approval, and will not violate any provision
of law, or order of court or governmental agency.
C. Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within
the last ten years and has not used any other trade or fictitious name. Without Lender's prior
written consent, Mortgagor does not and will not use any other name and will preserve its existing
name, trade names and franchises until the Secured Debt is satisfied.
12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property
in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or
allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of
noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not
substantially change without Lender's prior written consent. Mortgagor will not permit any change in any
license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify
Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to
the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior
written consent except that Mortgagor has the right to remove items of personal property comprising a
part of the Property that become worn or obsolete, provided that such personal property is replaced with
other personal property at least equal in value to the replaced personal property, free from any title
retention device, security agreement or other encumbrance. Such replacement of personal property will be
deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition
or subdivide the Property without Lender's prior written consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an
inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be
entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection.
c_, /page 3 of 10/
uy.?c? r - O 1994 Ba k.. Systems, ., St3Cbud, MN Form AG/CO-MTG-PA 7/19/2000
]? "D" PAGE 3 of 11
13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants
contained in this Security Instrument, Lender may, without notice, perform or cause them to be
performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount
necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to
perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other
rights under the law or this Security Instrument. If any construction on the Property is discontinued or not
carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security
interest in the Property, including completion of the construction.
14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, and conveys to Lender as
additional security all the right, title and interest in and to any and all:
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
agreements for the use and occupancy of any portion of the Property, including any extensions,
renewals, modifications or substitutions of such agreements (all referred to as "Leases").
B. Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits,
minimum rent, percentage rent, additional rent, common area maintenance charges, parking
charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated
damages following default, cancellation premiums, "loss of rents" insurance, guest receipts,
revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all
rights and claims which Mortgagor may have that in any way pertain to or are on account of the
use or occupancy of the whole or any part of the Property.
In the event any item listed as Leases or Rents is determined to be personal property, this Security
Instrument will also be regarded as a security agreement.
Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases.
Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Except
for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior
written consent. Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not
commingle the Rents with any other funds. Amounts collected shall be applied at Lender's discretion to
payments on the Secured Debt as therein provided, to costs of managing, protecting and preserving the
Property and to any other necessary related expenses including Lender's attorneys' fees and court costs.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security
Instrument and effective as to third parties on the recording of this Security Instrument, and this
assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is
entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due
directly to Lender after such recording. However, Lender agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and
Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving the notice of
default, Mortgagor will endorse and deliver to Lender any payments of Rents.
Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor
also agrees to maintain, and to require the tenants to. comply with, the Leases and any applicable law.
Mortgagor will promptly notify Lendecof any noncompliance. If Mortgagor neglects or refuses to enforce
compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance.
Mortgagor will obtain Lender's written authorization before Mortgagor consents to sublet, modify,
cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases
(unless the Leases so require), or to assign, compromise or encumber the Leases or any future Rents. If
Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its
maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or
intentional torts. Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all
liability, loss or damage that Lender may incur as a consequence of the assignment under this section.
15. LEASEHOLDS; CONDObffNIUMS; PLANNED UN1T DEVELOPMENTS. Mortgagor agrees to
comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property
(page 4 of 10)
?L JA-)
O 1994 B""k"n Syamms, Ina.. St. C", MN Fort" AG/CO-MTG•PA 7119/2000 12 Br "D" PACE 4 of 11
Ew 8`5 5A J 9 2- -7
includes a unit in a condominium or a planned unit development, Mortgagor will perform all of
Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit
development.
16. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Any party obligated on the Secured Debt fails to make payment when due;
B. A breach of any term or covenant in this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt;
C. The making or furnishing of any verbal or written representation, statement or warranty to Lender
that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on
the Secured Debt;
D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any
debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt;
E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or
entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value
of the Property is impaired;
F. A material adverse change in Mortgagor's business including ownership, management, and
financial conditions, which Lender in its opinion believes impairs the value of the Property or
repayment of the Secured Debt; or
G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly
erodible land or to the conversion of wetlands to produce an agricultural commodity, as further
explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M.
17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide
Mortgagor with notice of the right to cure or other notices and may establish time schedules for
foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and
foreclose this Security Instrument in a manner provided by law if Mortgagor is in default.
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall
become immediately due and payable, after giving notice if required by law, upon the occurrence of a
default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the
terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct,
cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity,
whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed
shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not
exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the
event a default if it continues or happens again.
18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.
Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches
any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by
Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security
interest. These ex will bear interest from the date of the payment until paid in full at the highest
interest rate in effprovided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or protecting Lender s rights and remedies under this
Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and
other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to
pay for any recordation costs of such release.
19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
Environmental Law means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local
laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning
the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance
g ) /page 5 of 10/
01994 S k. Systems, ., Sts?bud, MN F. AG/c6MTr PA 7/igawo
EXE[ RT*r "D" PAGE 5 of 11
OK1855PG1'928
means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
welfare or environment. The term includes, without limitation, any substances defined as "hazardous
material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental
Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
has been, is, or will be located, transported, manufactured, treated, refined, or handled by any
person on, under or about the Property, except in the ordinary course of business and in strict
compliance with all applicable Environmental Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and
will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous
Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby
property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
event, Mortgagor will take all necessary remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no
knowledge of or reason to believe there is any pending or threatened investigation, claim, or
proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the
Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor
will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any
such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the
right, but not the obligation, to participate in any such proceeding including the right to receive
copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every
tenant have been, are and shall remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground
storage tanks, private dumps or open wells located on or under the Property and no such tank,
dump or well will be added unless Lender first consents in writing.
G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the
Property, and confirm that all permits, licenses or approvals required by any applicable
Environmental Law are obtained and complied with.
H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and
inspect the Property and review all records at any reasonable time to determine (1) the existence,
location and nature of any Hazardous Substance on, under or about the Property; (2) the existence,
location, nature, and magnitude of any Hazardous Substance that has been released on, under or
about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with
applicable Environmental Law.
1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a
qualified environmental engineer to prepare an environmental audit of the Property and to submit
the results of such audit to Lender. The choice of the environmental engineer who will perform
such audit is subject to Lender's approval.
J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this
section at Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section,
(1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from
and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation
costs, penalties and expenses, including without limitation all costs of litigation and attorneys'
fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion,
Lender may release this Security Instrument and in return Mortgagor will provide Lender with
collateral of at least equal value to the Property secured by this Security Instrument without
prejudice to any of Lender's rights under this Security Instrument.
/?? ' \ (page 6 of 10)
01994 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-MTG-PA 7119/2000 .,-1 _T "D" PAGE 6 of 11
'? P&
1?
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the
terms of this section shall survive any foreclosure or satisfaction of this Security Instrument
regardless of any passage of title to Lender or any disposition by Lender of any or all of the
Property. Any claims and defenses to the contrary are hereby waived.
20. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the
above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
shall be considered payments and will be applied as provided in this Security Instrument. This assignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
21.INSURANCE. Mortgagor agrees to maintain insurance as follows:
A. Mortgagor shall keep the Pro perty insured against loss by fire, flood, theft and other hazards and
risks reasonably associated with the Property due to its type and location. Ibis insurance shall be
maintained in the aunts and for the periods that Lender requires. The inct,rance carrier
providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall
not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to
the terms of this Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard
"mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify
Lender of cancellation or termination of the insurance. Lender shall have the right to hold the
policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts
of paid premiums and renewal notices. Upon loss, Mortgagor shall it immediate notice to the
insurance carrier and Lender. Lender may make proof of loss if not made immediately by
Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair
of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any
application of proceeds to principal shall not extend or postpone the due date of scheduled payment
nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property
is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured
Debt immediately before the acquisition.
B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an
additional insured in an amount acceptable to Lender, insuring against claims arising from any
accident or occurrence in or on the Property.
C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender,
in an amount equal to at least coverage of one year's debt service, and required escrow account
deposits (if agreed to separately in writing), under a form of policy acceptable to Lender.
22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement,
Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow.
23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon
request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees
to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to
perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien
status on the Property.
24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND.
All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security
Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's
EJC! - O 1994 13.k. S,9..!1.0R,%i &8ud, MN Form AGXO-Wr-PA 7/18/2000 %?
(Page 7 of 101
h'XHT "D" PACE 7 of 11
8KI855PG1930
interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be
personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and
Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or
claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not
limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this
Security Instrument may extend, modify or make any change in the terms of this Security Instrument or
any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the
terms of this Security Instrument. The duties . and benefits of this Security Instrument shall bind and
benefit the successors and assigns of Mortgagor and Lender.
25. APPLICABLE LAW; SEVERABILTTY; INTERPRETATION. This Security lnstrument is governed
by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the
laws of the jurisdiction where the Property is located. An provision that appoints Lender as an agnt is
not subject to the provisions of 20 Pa.C. .A. Section 5601 et seq. (Chapter 56; Decedents, Estates and
Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for
benefit of Lender. This Security Instrument is complete and fully integrated. This Security Instrument
may not be amended or modifi ed by oral agreement. Any section in this Srity Instrument, attachments,
or any agreement related to the Secured Debt that conflicts with applicable law will not be effective,
unless that law expressly or impliedly permits the variations by written agreement. If any section of this
Security Instrument cannot be enforced rding to its terms, that section will be severed and will not
affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall
include the-plural and the plural the singular. The captions and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terns of this Security
Instrument _. Time is of the essence in this Security Instrument.
26. NOTICEAJnless otherwise required by law, any notice shall be 8Y
en by delivering it or by mailing it by
first class mail to the appropriate party's address on page 1 of Security Instrument, or to any other
address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors.
27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating
to the Property.
28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lender knowingly
and intentionally waive the right, which the party may have, to a trial by jury with respect to any
tion-arising from the Secured Debt, or any other agueanent executed in conjunction with the
deuce of Debt and this Mortgage- Mortgagor and Lender each acknowledge that this section has
either been brought to the attention of each party's legal counsel or that each party had the
opportunity to do so.
29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security
Instrument:
? Construction Loan. This Security Instrument secures an obligation incurred for the construction
of an improvement on the Properly.
? Fixture Filing Mortgagor grants to Lender a security interest in all goods that Mortgagor owns
now or in the future and that are or will become fixtures related to the Property.
? Crops; Timber; Minerals; Rents, Issues, and Profits. Mortgagor grants to Lender a security
interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and
profits of them including, but not limited to, all Conservation Reserve Program (CRP) and
Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be
included in the term "Property").
? Personal Property. Mortgagor grants to Lender a security interest in all personal property located
on or connected with the Property, including all farm products, inventory, equipment, accounts,
documents, instruments, chattel paper, general intangibles, and all other items of personal property
g 7 (page 8 of 101
F 01994 BW*W*Systana, 1?m 5.89 d, MN Form AG/CO-MTG-PA 7/1912000
EXEU31T "D" PAGE 8 of 11
U 15-
Mortgagor owns now or in the future and that are used or useful in the construction, ownership,
operation, management, or maintenance of the Pmper (all of which shall also be included in the
term "Property"). The term "personal property" spacrfically excludes that property described as
"household goods" secured in connection..wrth a consumer" loan-as those terms are defined in
applicable federal regulations governing unfair and deceptive credit practices.
? Filing As Financing Statement: Mortgagor agrees and acknowledges that this Security. Instrument
also suffices as a financing statement and any carbon, photographic or other reproduction may be
filed of record for purposes of Article 9 of the Uniform Commercial Code.
30. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
? Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the
Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until
released.
? Agricultural Property. Mortgagor covenants and warrants that the Property will be used
principally for agricultural or farming purposes and that Mortgagor is an individual or entity
allowed to own agricultural land as specified by law.
Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to
acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be
linstrued as a purchase money mortgage with all of the rights, priorities and benefits thereof
finder the laws of the. Commonwealth of Pennsylvania.
'Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms
and covenants contained in-this Security Instrument and in any attachments. Mortgagor also aclmowledges
receipt of a copy of this Security Instrument on the date stated on page 1.
Entity Name: ...........................................
S>I__
2 f 25/2004
. ...............
() STEVE WESTHAFE (Date)
Entity Nam: ................................................
.
........................................... 02./.2512004
(Signature) (Date)
(R'. ................................................... .
..........................................02125/2004
.......?te,
(Signawre)
?? ...................................................
.......................................................
(Signature) ,
......................................................... ..............................................................
?'1?) (witness)
CJ t% 01994 Bankers sy"roms,%R. SL C%lud, MN Form AO/CO-MTG-PA 7/19/2000 /Page 9 of 10/
Mar= -Dw PAGE 9 of 11
ACKNOWLEDGMENT:
COMMONWEALTH OF P.ennaylvani&.......... COUNTY OFCumberl.and ............. ss.
MWIVI&A On this, the ....25th..... day ofliebruary,.i3004...... before me Nancy- L...Ai atlane...
the undersigned officer, personally appeared ......... UeY.R. AOAW-er ............................
........................................................ ....... . ]mown to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she
executed the same for the purposes therein contained.
In witness whereof, I heramto set my hand and official seal.
My commission expires:
(scan
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
RY L. &s*^ N fty Pubic
Hampden Twp.. Cumberland County
tib Cmalssion EVkw Sept 8, 2007
Member, Pennsylvania Association Of Notaries
A.J
...........NOTARY PUBLIC
...........................
Title of OtScer
r
COMMONWEALTH OF r,
........................:..::. COUN'T'Y OF ;i
(Busimn On this, the ................. day of ............................., before me ...................
or Beft the undersigned officer, personally appeared .................................................
................................................................ who acknowledged himself/hers
............................... Of ....................................................................................
.......................... and that he/she as such ................................................................
being authorized.to do so, executed the foregoing instrument for the purposes therein contained
by signing the name of the ................................... by ........................................... as
..................................................................................................................... .
In witness whereof, I hereunto set my hand and official seal.
My commission expires:
(Seal)
...........................................................
Title of Officer
It is hereby certified that the address of the Lender within named is: ...................................................
ADAMS COUNTY NATIONAL'BANK PO BOX 3129 GETTYSBURG PA 17325
................................................................................................................................... .
E;45i;?b6 01994 Mmkers systems. kia, 9t. CIOW. MN Form AQ/CO-M 'G-PA 7/1 W2000
(page 10 of 10/
r "D" PALM 10. Of 11
BK.18S5PG1933
Legal Description
ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland
and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown Drive at the dividing line between
Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the southern side of Silver
Crown Drive, South 87 degrees 13 minutes East, a distance of one hundred (100) feet to the dividing line
between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence along said dividing line, South 02
degrees 47 minutes West, a distance of two hundred twenty-two and seventy-eight hundredths (222.78)
feet to a point; thence South 85 degrees 14 minutes West, a distance of one hundred and eight hundred
seventy-five thousands (100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on the
hereinafter mentioned Plan of Lots; thence along said dividing line, North 02 degrees 47 minutes East, a
distance of two hundred thirty-four and three hundredths (234.03) feet to the southern side of Silver Crown
Drive at the point or place of BEGINNING
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in the Cumberland County
Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey L. Thompson, his wife, by deed
dated October 6, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County; Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed unto Steve
Westhafer.
y; y this to be recorded
z ???? :e€ land County PA
-W
Recorder of Deeds
p EXEMM 'D" PKZ 11 Of 11
1934
WESTY's VILLAGE INC ,
12.0 WEST ALLEN STREET `
MECHANICSBURG PA 17055
V
BORROWER'S NAME AND ADDRESS
'I' Includes each borrower above, Jointly and sr
ADAMS COUNTY NATIONAL BAD'
' „e
PO BOX 3129
GETTYSBURG PA 17325
LENDER'S NAME AND ADDRESS
'You' meads the tender, its successors and assigns.
Loan Number
Date FEBRUARY 25 2004
Maturity Date FEB. 25 2024
Loan Amount 8 911.294.00
Renewal Of _
For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of
ants HMWRW EL"NE Tt WSNsD Tao Stamasn EL ESrr-7m Am 00/100 Dollars $ 911-294.00
? Singh Advance: I will receive all of this principal sum on N/A . No additional advances are contemplated under this note.
El Multiple Advance: The principal sum shown above Is the maximum amount of principal I can borrow under this dote. On 02/25/2004
I will receive the amount of $. and future principal advances are contemplated.
Condtions: The conditions for future advances are PER CONSTRUCTION DRAW SCHEDULE DATED 2/25/04
? Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to
all other conditions and expires on N/A
R Closed End Craft You and i agree that I may borrow up to the maximum only one time land subject to all other conditions).
INTEREST: I agree to pay Interest on the outstanding principal balance from 02/25/2004 at the rate of 6. 000 %
per year until NEXT RATE CHANGE DATE
R Vatebie Rate: This rate may then change as stated below. HIGHEST USE RATE ON CORPORATE LOANS AT
Ei Index Rate The future rate will be 1.000 t ABOVE the following Index rate:
JAM O.B. Noma CEM'r'83[ Q2JMoCzU EANxa TNAT T1B miku STREET .]OfIRNAt. POBL•I31[aS L THE PRIIOt QTR
U No Index: The future rate will not be subject to any internal or external Index. It will be entirely In your control.
Frequency and Timing: The rate on this note may change as often as DAILY
A change In the interest rata will take effect ON THE SAME DAY
? Limits one: During the term of this loan, the applicable annual Interest rate will not be more than N/A % or less than
N/A %. The rate may not change more than % each
Effect of Variable Rate: A change in the interest rate will have the following effect on the payments:
EiThe amount of each scheduled payment will change. Ek The amount of the final payment will change.
ACCRUAL METHOD: Interest will be calculated on a SIMPLE 1TITEREST PER ANNUM basis.
POST MATURITY RATE: I agree to pay Interest on the unpaid balance of this note owing after maturity, and until paid In full, as stated below:
? On the some fixed or variable rate bpslslnLpffp?t best p st rity la d at?d a p-,ka Street Journal's listing of money rates rime Ek at a rate equal to 3.000 1, above n ntgt? the
®[ LATE CHARGE: If a payment Is made more than 015 days after it is due, I agree to pay a late charge of 3.000 Ik OF THE
PAYMENT AMOUNT OR S 20.00 WHICHEVER IS GREATER
®C RETURNED CHECK CHARGE: I agree to pay a fee of S 35.00 for each check, negotiable order of withdrawal or draft I issue in
connection with this ban that is returned because it has been dishonored.
? ADDITIONAL CHARGES: In addition to Interest, I agree to pay the following charges which ? are ?are not included in the principal amount
above:
PAYMENTS: I agree to pay this note as follows:
®Clnterest: I agree to pay accrued Interest MON77MY BEGINNING 03/25/2004
®CPrIncipai: I agree to pay the principal.,- QFF ATlT MCINAT TFRMIR RFT r'TW
? Installments: I agree to pay this note in payments. The first payment will be in the amount of $
and will be due A payment of It will be due
thereafter. The final payment of the entire
unpaid balance of principal and Interest will be due
TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing
Irizes the prothonotary, clerk, or any attorney to appear In any court of record having jurisdiction over this matter
me at any time without stay of execution. I waive notice service of process and pr I agree and understand
against me for any unpaid principal, accrued Interest end accrued the due on this note, plus collection costs
E to 16 percent of the judgment. The exercise of the power to confessgment will not exhaust this warrant of
d me be no as often.ss .you elect. I further understand that my property may be seized without prior notice to
y In onally and voluntarily waive any and all constitutional rights 1 have to pre-deprivation notice and hearing
erstand the consequences of this waiver.
ADDITIONAL TPRMiQ-
SEE ATTACHED ADDENDUM TO THIS NOTE, THE TERMS AND CONDITIONS OF
WHICH ARE MADE A PART HEREOF BY THIS REFERENCE
PURPOSE: The purpose of this loan is
IMMILAINK SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING -
]® SECURITY: Thls note Is separately secured by (describe separujte THOSE ON PAGE 2).1 have received a copy on today's date.
document by type and date):
j TY'S VILLAGE INC
MORTGAGES DATED 2/25/04
IT1J? wtlan 4 for yar ht«rW uw. FWk a WIN a..p.rate. rhy doamom ao.. not nwn L STEVEN E WESTHAFBR, P 3
agroenex we not. * trrs now I 13EC?TREAS .
Signature for Lender j
UNIVERSAL NOTE
0 1884, 1991 BerYre e 91011-M inc., St. Cloud, MN Form UN PA 3/((2002 troRN mjgA 4"1 1 of 2I
DEFINITIONS: As used on page 1, "®' means,,=a terms that apply to
this loan. '1," "me' or "my" means each Borro who signs this note
and each other person or legal entity (includiry?i,,, aerantors, endorsers,
and sureties) who agrees to pay this note (togeth. referred to as "us").
"You" or "your" means the Lender and Its successors and assigns.
APPLICABLE LAW: The law of the state of Pennsylvania will govern this
note. Any term of this note which le contrary to applicable low will not be
effective, unless the law permits you and me to agree to such a variation.
If any provision of this agreement cannot be enforced according to its
terms, this fact will not affect the enforceability of the remainder of this
agreement. No modification of this agreement may be made without your
express written consent. Time is of the essence In this agreement. Any
provision that appoints you as an agent is not subject to the provislims of
20 Pa.C.S.A. Section 5601 at seq. (Chapter 56; Decedents, Estates and
Fiduciaries Code). By exercising any of your rights under this rote, you do
so for your sole benefit.
COMMISSIONS OR OTHER REMUNERATION: 1 understand and agree that
any Insurance premiums paid to Insurance companies as part of this note
will Involve money retained by you or paid back to you as commissions or
other remuneration.
In addition, I understand and agree that some other payments to third
parties as part of this note may also Involve money retained by you or
paid back to you as commissions or other remuneration.
PAYMENTS: Each payment I make on this note will first reduce the
amount I owe you for charges which are neither Interest nor principal.
The remainder of each payment will then reduce accrued unpaid Interest,
and then unpaid principal. If you and 1 agree to a different application of
payments, we will describe our agreement on this note. I may prepay a
part of, or the entire balance of this ban without penalty, unless we
specify to the contrary on this note. Any partial prepayment will not
excuse or reduce any later scheduled payment until this note is paid in full
(unless, when I make the prepayment, you and I agree in writing to the
contrary).
INTEREST: Interest accrues on the principal remaining unpaid from time
to time, until paid in full. If I receive the principal In more than one
advance, each advance will start to earn interest only when 1 receive the
advance. The Interest rate in effect on this note at any given time will
apply to the entire principal advanced at that time, Notwithstanding
anything to the contrary, I do rot agree to pay and you do not Intend to
charge any rate of interest that Is higher than the maximum rate of
interest you could charge under applicable law for the extension of credit
that is agreed to here (either before or attar maturity). If any notice of
interest accrual is sent and Is In error, we mutually agree to correct it,
and if you actually collect more Interest than allowed by law and this
agreement, you agree to refund It to me.
INDEX RATE: The index will serve only as a device for setting the rata on
this note. You do not guarantee by selecting this index, or the margin,
that the rate on this note will be the same rate you charge on any other
loans or class of loans to me or other borrowers.
ACCRUAL METHOD: The amount of Interest that I will pay on this ban
will be calculated using the Interest rate and accrual method stated on
page 1 of this note. For the purpose of interest calculation, the accrual
method will determine the number of days in a "year.' If no accrual
method is stated, then you may use any reasonable accrual method for
calculating Interest.
POST MATURITY RATE: For purposes of deciding when the "Post
Maturity Rate" (shown on page 1) applies, the term "maturity" means the
earliest of the following:
(a) the date of the last scheduled payment indicated on page 1 of this
note;
(b) the date you accelerate payment on the note; or
(c) after the entry of judgment on this note by confession or otherwise
and applies to amounts owed under this note on any such.
judgment until paid in full.
SINGLE ADVANCE LOANS: If this is a single advance loan, you and I
expect that you will make only one advance of principal. However, you
may add other amounts to the principal if you make any payments
described in the "PAYMENTS BY LENDER' paragraph below.
MULTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I
expect that you will make more than one advance of principal. If this is
closed and credit, repaying a part of the principal will not entitle me to
additional credit.
ADVANCE PROCEDURE AND MEANS: You will advance the loan
proceeds by way of check, cash, wire transfer, credit to an account or
any combination as You and I agree. The advance(s) will occur upon
consummation of the loan and as You and I agree, except that no
advancels) will occur until after three business days from the date of
consummation if the loan is rescindable pursuant to Regulation 2 (12
C.F.R. 4 226).
PAYMENTS BY LENDER: If you are authorized to pay, on my behalf,
charges I am obligated to pay (such as property insurance premiums),
then you may treat those payments made by you as advances and add
them to the unpaid principal under this note, or you may demand
immediate payment of the charges.
SET-OFF: 1 agree that you may set off any amount due and payable under
this note against any right I have to receive money from you.
"Right to receive money from you" means:
(1) any deposit account balance I have with you;
(2) any money owed to me on an item presented to you or In your
possession for collection or exchange; and
(3) any repurchase agreement or other nondeposit obligation.
Any amount due and payable under this note" means the total
amount of which you are entitled to demand payment under the terms of
this note at the time you set off. This total includes any balance the due
date for which you properly accelerate under this note.
If my right to receive P` Jy from you is also owned by someone who
has not agreed to pay Pte, your right of set-off will apply to my
interest In the obligation ,..,J to any other amounts I could wttfidrsw, on
my sob request or endor"rit. Your right of set-off does not apply to
an account or other obligation where my rights are only as a
representative. It also does not apply to any Individual Retirement
Account or other tax-deferred retirement account.
You will not be liable for the dishonor of any check when the dishonor
occurs because you set off this debt against any of my accounts. 1 agree
to hold you harmless from any such claims arising as a result of your
exercise of your right of set-off.
REAL ESTATE OR RESIDENCE SECURITY: If this note Is secured by real
estate or a residence that is personal property, the existence of a default
and your remedies for such a default will be determined by applicable
law, by the terms of any separate Instrument creating the security
Interest and, to the extent not prohibited by low and not contrary to the
terms of the separate security instrument by the "Default" and
'Remedies" paragraphs herein.
DEFAULT: I will be in default if any one or more of the-following occur:
(1) 1 fall to make a payment on time or In the amount due; (2) 1 fall to
keep the property insured, If required; (3) 1 fail to pay, or keep any
promise, on any debt or agreement I have with you; (4) any other creditor
of mine attempts to collect any debt I owe him through court pro-
ceedings; (5) 1 die, am declared incompetent, make an assignment for the
benefit of creditors, or become insolvent le(ther because my liabilities ex.
ceed my assets or I am unable to pay my debts as they become due); 181
I make any written statement or provide any financial Information that is
untrue or inaccurate at the time it was provided; (7) 1 do or fall to do
something which causes you to believe that you will have difficulty
collecting the amount I owe you, (8) any collateral securing this note is
used in a manner or for a purpose which threatens confiscation by a legal
authority' (9) 1 change my name or assume an additional name without
first ratifying you before making such a change; (10) 1 fail to plant; cultl-
vete and harvest crops in due season; 01) any loan proceeds are used
for a purpose that will contribute to excessive erosion of highly erodible
land or to the conversion of wetlands to produce an agricultural commod-
ity, as further explained In 7 C.F.R. Part 1940, Subpart G, Exhibit M.
REMEDIES: If 1 am in default on this rate you have, but are not limited to,
the following remedies:
(1) You may demand immediate payment of all I owe you under this
rote (principal, accred unpaid Interest and other accrued charges).
(2) You may set off this debt against any right I have to the payment
of money from you, subject to the terms of the "Set-Off"
paragraph herein.
(3) You may demand security, additional security, or additional parties
to be obligated to pay this note as a condition for not using any
other remedy.
(4) You may refuse to make advances to me or allow purchases on
credit by me.
(5) You may use any remedy you have under state or federal law.
By selecting any one or more of these remedies you do not give up
your right to later use any other remedy. By waiving your right to declare
an event to be a default, you do not waive your right to later consider the
event asa default N it continues or happens a
COLLECTION COSTS AND ATTORNEY S FEEgain.
S: 1 agree to pay all costs of
collection, replevin or any other or similar type of cost if I am in default.
In addition, If you hire an attorney to collect this note, I also agree to pay
any fee you Incur with such attorney plus court costs (except where
prohibited by law). To the extent permitted by the United States
Bankruptcy Code I also agree to pay the reasonable attorney's fees and
costs you Incur to collect this debt as awarded by any court exercising
jurisdiction under the Bankruptcy Code.
WAIVER: I give up my rights (to the extent permitted by law) to )require
you to do certain things. I will not require you to:
(1) demand payment of amounts due (presentment);
(2) obtain official certification of nonpayment (protest); or
(3) give notice that amounts due have not been paid (notice of
dishonor).
I waive any defenses I have based on suretyship or impairment of
collateral.
OBLIGATIONS INDEPENDENT: I understand that I must pay this note
even If someone also has also agreed to pay It (by, for example, signing
this form or a separate guarantee or endorsement). You may sue me
alone, or anyone else who is obligated on this note, or any number of us
together, to collect this note. You may do so without any notice that it
has not been paid (notice of dishonor). You may without notice release
any parry to this agreement without releasing any other party. If you give
up any of your rights, with or without notice, it will not affect my duty to
pay this note. Any extension of now credit to any of us, or renewal of
this note .by all or less then all of us will not release me from my duty to
pay it. (Of course, you are entitled to only one payment in full.) I agree
that you may at your option extend this note or the debt represented by
this note, or any portion of the note or debt from time to time without
limit or notice and for any term without affecting my liability for payment
of the note. 1 will not assign my obligation under this agreement without
your prior written approval.
FINANCIAL INFORMATION: I agree to provide you, upon request, any
financial statement or information you may deem necessary. I warrant
that the financial statements and information I provide to you are or will
be accurate, correct and complete.
NOTICE: Unless otherwise required by law, any notice to me shall be
given by delivering It or by mailing it by first class mail addressed to me
at my last known address. My current address Is on page 1. 1 agree to
inform you in writing of any change In my address. I will give any notice
to you by mailing It first class to your address stated on page 1 of this
agreement, or to any other address that you have designated.
DATE OF
TRANSACTION PRINCIPAL
ADVANCE BORROWER'S
IN171ALS
inert requked) PRINCIPAL
PAYMENTS PRINCIPAL
BALANCE INTEREST
RATE INTEREST
PAYMENTS INTEREST
PAID
THROUGH:
8 8 S % 8
9 6 8 % 8
S s $ % 8
8 8 8 % s
8 8 8 % 8
8 t 8 % S
s s t % a
t 8 t % 8
8 t 9 % 8
s $ s % 8
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0 1984, 1991 Balms Systems, Inc., St. Clod, MN Fpm UN-PA 30/2002
!papa 2 of 21
Date: March 31, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Speck information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice
explains how the program works. To see if HEMP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI FICACIO'N OBTENGA UNA
TRADUCCIO'N I NMEDIATAMENTE LLAM ANDO EST A AGE NCIA (PEN NSYLVANIA H OUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIB A. PUEDE SE R ELEGIBLE PARA UN PRE'STAMO
POR EL PR OGRAMA L LAMADO " HOMEOWNER'S EMER GENCY M ORTGAGE A SSISTANCE PRO GRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Steve E. Westhafer
PROPERTY ADDRESS: 71 Silver Crown Drive, Mechanicsburg, PA 17055
LOAN ACCOUNT NO.: _
ORIGINAL LENDER: Adams County National Bank
CURRENT LENDER/SERVICER: Adams County National Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
• IF YOU ME ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE NNSYLVANIA HO USING
FINANCE AGENCY.
SIT "F" PAGE 1 of 4
TEMPORARY STAY OF FOR ECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and
attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE . IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP
TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice
(see following pages for speck information about the nature of your default.) You have the right to apply for financial assistance
from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting
with the, counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE PO STMARK D ATE OF THIS NOTICE AND FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE
SECTION CALLED "TEMPORARY STAY OF FORECLOSURE.
YOU HAVE THE RIGHT TO FILE A HEM AP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT I F YOUR
APPLICATION IS E VENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE
WILL BE STOPPED.
AGENCY AC TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
71 Silver Crown Drive, Mechanicsburg, Silver Spring Township Cumberland County PA
IS SERIO USL Y IN DEFA UL T because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past
due: The monthly payments of $6,573.39 due for January 25 and February 25 and the monthly payment of $7,160.19
due for March 25, 2009, plus past due charges of $788.80.
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $21,095.77
E? °F" PAGE 2 Of 4
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(
Do not use i not a licable
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $ 21,095.77 PLUSANYMORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check certified check or money order made payable and sent to:
ADAMS COUNTY NATIONAL BANK
PO Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot
as icable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the
lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will
be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were actually incurre4 up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they
exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due,
reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriifs Sale as
specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged
property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
NAME OF LENDER: Adams
ADDRESS: P.O. Box 3129, C
PHONE NUMBER: 717 33S
FAX NUMBER: (717)334
National Bank
CONTACT PERSON: Barry C. Dillman
E-MAIL ADDRESS: bdilhnan(7a,acnb.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or V may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided th at all the outstanding payments, charges and attorney's fees and costs are paid prior to or at
the sale and that the other requirements of the mortgage are satisfied.
SIT "F" PAGE 3 of 4
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY CUMBERLAND COUNTY FRANKLIN COUNTY AND YORK COUNTY
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888-511-2227
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Community Action Commission of Capital Region
1514 Deny Street
Harrisburg, PA 17104
(717) 232-9757
Consumer Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 846-4176
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Opportunity Inc.
301 E. Market Street
York, PA 17403
(717) 424-3645
HUD Housing Counseling Program
1-800-569-4287
*Copies also sent first class mail
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Sheriffs Office of Cumberland County
R Thomas Kline ct C'ACmhr..j? Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE `-ERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/08/2009 07:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8,
2009 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Steven Westhafer, by making known unto Steven R. Wes hafer, son of
defendant at 71 Silver Crown Drive Mechanicsburg, Cumberland County, Pennsylvania 1055 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44 SO ANSWERS,
June 09, 2009 R THOMAS KLINE,,,SHERIFF
2009-3520
Adams County National Bank
v
Steve Westhafer
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, No. 09-3520 Civil Term
Plaintiff,
VS.
Action in Mortgage Foreclosure
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
STIPULATION
It is hereby stipulated and agreed by and between counsel for Plaintiff, and Defendant,
United States of America, as follows:
1. That the premises referred to paragraph 8 of the Plaintiff's Complaint are owned by
Defendant, Steve Westhafer, also known as Steven E. Westhafer.
2. That the three Federal tax liens referred to in paragraph 4 of Plaintiff's Complaint in
the amounts of $28,353.51, $9,940.91, and $89,516.58 are junior in time to Plaintiff's mortgage
set forth in paragraph 5 of said Complaint.
3. That Defendant, United States of America, agrees to the entry of a judgment in favor
of Plaintiff in this action.
4. That Defendant, United States of America, is not indebted to Plaintiff.
5. That the aforesaid premises shall be sold at a sheriff's sale, notice of which shall be
served on Defendant, United States of America.
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6. That the sheriff's sale of said property shall discharge the three Federal Tax Liens
referred to in paragraph 4 of Plaintiff's Complaint.
7. That the proceeds of the sheriff's sale shall be divided and distributed as the parties
may be entitled.
8. That Defendant, United States of America, preserves its right of redemption as
provided in Title 28, United States Code, section 2410.
9. That the parties to this Stipulation shall bear their own respective costs in this
proceeding.
By: 6W?'
Me issa A. Swauger, Esq.
Assistant U.S. Attorney
Attorneys for Defendant,
United States of America
PUHL, EASTMAN & THRASHER
By:
Edward G. Puhl, Esq.
Attorneys for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank, No. 09-3520 Civil Term
Plaintiff,
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and the Action in Mortgage Foreclosure
United States of America,
Defendants
CERTIFICATE OF SERVICE
AND NOW, this I day of June, 2009, I, Edward G. Puhl, Esquire, of Puhl,
Eastman & Thrasher, attorney for Plaintiff, Adams County National Bank, hereby certify that
I have this date served the United States Attorney's Office, by mailing the original true copy
first class mail, postage prepaid, to Melissa A. Swauger, Esq., Assistant United States
Attorney, at the address shown below:
United States Attorney's Office
ATTN: Kim Stevens
Federal Building
228 Walnut Street, Suite 220
P.O. Box 11754
Harrisburg, PA 17108-1754
PUHL, EASTMAN & THRASHER
By:
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Garnishee
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
(Domestic Only; Provided)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Adams County National Bank,
Plaintiff
VS.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants
No. 09-3520 Civil Term
Action in Mortgage Foreclosure
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Action in Mortgage Foreclosure as discontinued.
Dated: July 8, 2009
PURL, EASTMAN & THRASHER
By: f,4
Edward G. Puhl, Esquire
Attorney ID Number 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
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