HomeMy WebLinkAbout10-0243THE LAW OFFICES OF LAUREN BERSCHLER KARL
LLC
,
Lauren Berschler Karl, Esquire Q- c•>
Identification No. 88209 -0 3
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Park Building Attorneys for Plaintiff ,.
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355 Fifth Avenue, Suite 400 '
Pittsburgh, PA 15222 t ?
Phone: (412) 232-0808 -
Fax: (412)232-0773 = ca Q
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CITIZENS BANK OF PENNSYLVANIA
2001 Market Street
Philadelphia, PA 19103
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10 - 61 43 Civ -Term
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
499 Rich Valley Road
Carlisle, PA 17015
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
e-r-* 1917
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W esthafer.CompWnt.CumblerlandCo.010410
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209
Park Building Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
2001 Market Street
Philadelphia, PA 19103
Plaintiff,
V.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
499 Rich Valley Road
Carlisle, PA 17015
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: ' I
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Citizens Bank of Pennsylvania, by its attorneys The Law Offices of Lauren
Berschler Karl, LLC, files the within complaint in mortgage foreclosure and represents as follows:
1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered bank with a
place of business at 2001 Market Street, Philadelphia, PA 19103.
2. Defendants, Elwood R. Westhafer and Joyce A. Westhafer, are adult individuals who
are believed to reside at 499 Rich Valley Road, Carlisle, PA 17015.
3. Defendants, Elwood R. Westhafer and Joyce A. Westhafer, ("Defendants"), are the
owners of record of a certain parcel of residential real estate located in Cumberland County known
by the following street address: 499 Rich Valley Road, Carlisle, PA 17015 (the "Property").
W esthafer.CompWnt.CumblerlandCo.010410
-2-
4. On December 15, 2005, Defendants executed a Promissory Note in the original
principal amount of $129,200.00 (the "Note"). A true and correct copy of the Note is attached hereto
as Exhibit "A."
5. The Note was secured by a mortgage granting a lien upon the Property (the
"Mortgage"), made, executed and delivered to Citizens on December 15, 2005, by Defendants and
was duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on
January 12, 2006, as set forth in Book 1937 page 1927 et seq. A true and correct copy of the
Mortgage is attached hereto as Exhibit "B."
6. The full legal description of the Property is set forth in Exhibit "C" which is attached
hereto and incorporated herein by reference.
7. Monthly payments have not been tendered as required under the terms of the Note
and Mortgage.
Due to the failure to pay the Plaintiff the sums due and owing thereunder, Plaintiff
demanded complete payment and performance of all of Defendants' obligations under the terms of
the Note and Mortgage.
9. Pursuant to the terms of the Note and Mortgage, Defendants are obligated to Citizens
for the following sums as of December 17, 2009:
Principal $126,746.50
Accrued interest
(through 12/17/09) 4,356.83
Accrued late charges 340.00
Annual Fee 60.00
BPO/Appraisal 400.00
Title Reports 620.00
Attorneys fees 6,337.33
Attorneys costs 250.00
TOTAL REAL DEBT $139,110.66
Interest continues to accrue at the per diem rate of $25.18.
Westhafer.Complaint.CumblerlandCo.0 104 10
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10. On November 3, 2009, the combined Notice of Intention to Foreclose as set forth in
the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 35 P.S. C.S.A. §1680.401
and Act 6 of 1974, 41 Ps. 101, et seq., with respect to the Note and Mortgage was mailed to the
Defendants as evidenced by the Certificates of Mailing attached hereto and incorporated herein as
Exhibit "D."
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage
Foreclosure in its favor and against Defendants, Elwood R. Westhafer and Joyce A. Westhafer, in the
amount of $ 139,110,66, plus continuing interest at the per diem rate of $25.18, from December 17,
2009, and any and all additional attorneys fees and costs and any other costs and charges collectible
under the mortgage and for the foreclosure and sale of the Property.
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC.
BY:
uren Ber chler Karl, Esquire
Attorneys f Plaintiff,
Citizens Bank of Pennsylvania
Date: January 4, 2010
Westhafer.Complaint.CumblerlandCo.010410
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4 f
VERIFICATION
being duly sworn according to law, depose and say that
I am a mortgage foreclosure specialist with Citizens Bank of Pennsylvania and that the facts set forth
in Citizens' Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. I understand that the statements therein are made subject to the penalties of
18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
CITIZENS BANK OF PENNSYLVANIA
By:&5\16
hferI
Westhafer.Complaint.doc
-5-
EXHIBIT "A"
I
Citizens Bank ?I ?II III
VIII III
note
Borrower( s): MORTGAGE LOAN PROMISSORY NOTE AND DISCLOSURE STATEMENT
ELNOOD A 1ri8Ttglf=R
JoYcit a WEBTR M
Lender: ? Citizens Bank of Massachusetts ? Citizens Bank of Connecticut no Citizens Bank of Pennsylvania
28 Sate Street 63 Eugene O'Neill Drive 1735 Market Street
Boston, MA 02109 New London, CT 06320 Philadelphia, PA 19103
? Citizens Bank of Rhode Island
I Citizens Plata
Providence, RI 02903
? Citizens Bank New Hampshire O Citizens Bank
875 Elm Street 919 North Market Street
Manchester, NH 03101 Suite 200
Wilmington, DE 19801
Principal Amount: 5129, 200.00 I Interest Rate: 7.250 % Date of Note: 12/15/2005
In this Note, the words, "Borrower", "you; r and "your" mean each and every person who signs this Agreement, including
all Borrowers named above. The words "we, "us", "our" and "Lender" mean Citizens Bank of Massachusetts, Citizens
Bank of Rhode Island, Citizens Bank of Connecticut, Citizens Bank New Hampshire, Citizens Bank of Pennsylvania, or
Citizens Bank (our Delaware Bank), as indicated above, herein after referred to as "Citizens Bank".
FOR VALUE RECEIVED, the undersigned (jointly and severally if more than one) promise to pay to the above roamed Lender or
order, the principal sum of S Si29 r 700, 00 Dollars with interest at the rate of 7.25o % per annum, payable in 360
consecutive monthly installments of $ 891.54 each, and a final installment to include all principal and accrued interest,
and late charges, insurance premiums andall other charges, if any. The first such installment will be due on 01/20/7006 and
the remaining installments on the same day of each month thereafter until paid in fu11. All payments will be applied first to
interest, then to insurance charges, if any, and then to principal, and any remaining amount to unpaid collection costs and late
charges and any other charges you may owe. The interest rate required by this section is the rate you will pay both before and
after any default described in the default section.
Finance Charge: Interest on this Note is computed on a 365/366 simple interest basis. First we apply the ratio of the annual
interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied
by the actual number of days the principal balance is outstanding.
The cost or our credit as ¦ -
Y yearly rate
The dollar amount the credit will cost
YOU Amount Financed
The amount of credit provided Total of Payments
The amount you will have
to you or on your behalf paid when you have made
dl paymmn ¦s scheduled
7.250 % 5188,154.40 5129,200.00 5317,354.40
PAYMENT SCHEDULE:
NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE
Monthly be inning on
360 S 881.54 Month] beginning on 2 20
e payment schedule and "Total of Payments" scheduled above assume that all payments are made on the due date. If payments
re made late, the amount of interest payable hereunder will continue to accrue on the unpaid principal balance and the total
merest hereunder will increase.
PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows
MA (first lien): If you pay off your loan within the first twelve (12) mo
ths
f th
d
f
h
n
o
ate o
e
t
e note, we may charge you, an
you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3) months' interest as of the date of
prepayment, or (c) $250, whichever is less. If you refinance your loan with another institution within the first twenty-four (24)
months of the date of the note, we may charge you
and
ou a
ree to
a
l
,
y
g
p
y us, a pena
ty of the lesser of a) three (3) months'
interest as of the date of prepayment or (b) 5250. *
CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the date of the
note, we may charge you, and you agree to pay us
a penalt
of 5250
*
,
y
.
CT (second lien): If you pay off your loan within two (2) years after the date of the note, we may charge you
and you
,
agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or 5250. *
RL If you pay off your loan within the first year of the date of the loan, we may charge you
and you agree to
a
us
,
p
y
, a
penalty lesser of a) 2% of the balance due at the date of payoff or b) $250.
NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty.
*Assessment will be limited to the first 12 months of the loa
if th
t
i
f
n
e
erm
s
ive (5) years or less.
LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated above:
MA: Your payment will be late if it is not received b
us within 15
l
d
d
y
ca
en
ar
ays of the Payment Due Date shown
above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest.
CT and Rh Your payment will be late if it is not received b
us withi
10
l
y
n
ca
endar days of the Payment Due Date shown
above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of principal and i
t
t
n
eres
, or
$10.00, whichever is less.
NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown
above. If your payment is late we may char
e
ou 7
000%
f th
g
y
,
o
e regularly scheduled payment of principal and interest or
512.50, whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date
shown above. If your payment is late
we may charge you 10
000%
f
h
,
.
o
t
e payment or $20.00, whichever is greater.
You will pay this late charge only once on any late payment.
P.n.wN..uop* oev n,..., i
Page 2 f
:CURITY: YOu are giving a security interest in real estate located at
9 RICH VALLEY ROAD, CARLISLE, PA 17013
addition to Lender's security interest and other rights in your deposit accounts.
Someone buying your home cannot assume the remainder of the mortgage on its original terms.
other related contract documents for additional information about nonpayment, default, the right to accelerate the maturity of
obligation and security interests.
ITEMIZATION OF THE AMOUNT FINANCED:
Itemization of the amount financed of ............................................................ $ 179, 700. Do EW L-
Amount given to you directly .......................................................................... $ 2 5.?
Prepaid Finance Charges .................................................................................. $
Amount(s) paid to others on your behalf:
TO CITI J r yy $ a a n ,,.t
TO
TO t®?rA AIQRZCA <W $
DISCOVER FIN SVS LLC r
$ 6
TO $
TO $
TO $
TO $
TO $
TO _ $
TO _ $
TO $
TO $
TO $
TO $
TO $
TO $
TO INSURANCE COMPANY $ 0.0
0
TO Settlement Fees $ 0.00
COLLATERAL: In addition to the protections given to the Lender under this Note, this Note is secured by a
h4ortgage dated 17/15/70051 to Lender on real property located in CWMERLAND County,
State of PA all the terms and conditions of which are hcreby incorporated and made
a part of this Note.
DEFAULT: You will be in default if any of the following events happens:
(a) You fail to make a payment when it is due under this Note or any other loan you may have with Citizens
Bank.
(b) You have made any false or misleading statement(s) in your application for this Note or any other loan you
may have with Citizens Bank, or there is a material adverse change in your financial condition.
(c) An assignment has been made for the benefit of your creditors or an entry of judgement has been made
against you, or someone tries to take or attach any of the collateral.
(d) You tail to comply fully with any term or condition of this Note or any other loan or agreement you may
have with Citizens Bank.
(e) You die or become insolvent, a receiver is appointed for any part of your property, or any proceeding is
commenced either by you or against you under any bankruptcy or insolvency laws.
Page 3
COLLECTION COSTS: If you fail to abide by any of the terms of this Note, and if we are permitted to do so by
applicable law, we may hire or pay someone else to help collect on the Note. You will pay all reasonable collection
costs, including reasonable attorney's fees incurred by us in the collection of amounts due under this Note as
permitted by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or
not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay of injunction), appeals, and any anticipated post-judgement collection services. In New Hampshire, if,
but only if, by applicable law, we are permitted to collect attorneys fees from you as part of our costs of collecting
any amounts due under this Note, then you, to the extent required by New Hampshire Revised Statutes Annotated
Chapter 361-0, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) any action, suit or
proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or setoff,
rccoupment or counterclaim to any action brought by us, the court may withhold from us the entire amount or such
portion of the attorney's fees as the cotirt considers equitable.
OFFSETTING DEPOSIT ACCOUNT: Unless prohibited by applicable law, we may apply money from any of your
deposit accounts with us, or our affiliates, now or in the future, to pay all or a portion of any amount overdue under
this Note. We may use this right of offset without giving you notice, unless otherwise required by applicable law.
UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In
addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if you do not keep the
promises which you make in this Note. That Security Instrument describes how and under what conditions you may
be required to make immediate payment in full of all amounts you owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option,'Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must
pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration
of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
PAYMENTS: All payments must be made by a check, money order, or other instrument in U.S. dollars and may be
mailed or made at any Citizens Bank office during regular banking hours. Payments sent by mail must be mailed
early enough to insure receipt by us on the Payment Due Date. Inquiries and payments may be directed to:
Citizens Bank
Consumer Finance Operations
1 Citizens Drive
Riverside, RI 02915
1-800-922-9999
PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a
penalty as follows:
MA (first lien): If you pay off your loan within the first twelve (12) months of the date of the note, we may
charge you, and you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3)
months' interest as of the date of prepayment, or (c) $250, whichever is less. If you refinance your loan with another
institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay
us, a penalty of the lesser of a) three (3) months' interest as of the date of prepayment or (b) $250.
CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the
date of the note, we may charge you, and you agree to pay us, a penalty of $250. "
CT (second lien): If you pay off your loan within two (2) years after the date of the note, we may charge
you, and you agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or
$250.
RI: if you pay off your loan within the first year of the date of the loan, we may charge you, and you agree
to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250.
NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty.
'Assessment will be limited to the first 12 months of the loan if the term is five (5) years or less
Page 4
LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated
above:
MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due
Date shown above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of
p:lncipai and interest.
CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the
Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly
scheduled payment of principal and interest, or $10.00, whichever is less.
NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due
Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of
principal and interest or $12.50, whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the
Payment Due Date shown above. If your payment is late, we may charge you 10.0001/a of the payment or
$20.00, whichever is greater.
You will pay this late charge only once on any late payment.
DOCUMENTATION: You agree to execute or re-execute any document that we request in order to correct any
error or omission in the original Promissory Note, Mortgage, or other loan related documents, including, but not
limited to, Confirmatory or Corrective Mortgages.
MISCELLANEOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without
losing them. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by law,
waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
g.ccommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew
or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or
impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that
Lender may modify this loan without the consent of or notice to anyone other than the party with whom the
modification is made.
GOVERNING LAW: This Note Is governed by federal law and by the laws of the state or commonwealth.
as Indicated above: The Commonwealth of Massachusetts, the State of Rhode Island, the State of
Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania, or the State of Delaware.
To the extent that federal law preempts state law, this Note is governed by federal law. If any provision of
this Note conflicts with any existing or future law, it shall be deemed modified to the extent necessary to
comply with such law and the validity of the remaining terms shall not be affected.
If you are a Maryland resident, this Note is governed by federal law and by the laws of the state or
commonwealth in which the bank is located, except that to the extent, but only to such extent, that this
:Vote is not governed by the laws of the state or commonwealth in which the bank is located, the provisions
of Sections 124001 el seq. (Credit Grantor Closed End Credit Provisions) of the Commercial Law Article
of the Annotated Code of Maryland shall apply.
The undersigned acknowledges that before signing this Note that all blank spaces were completed, that the
undersigned had read this Note, fully understand its provisions and approves the terms and conditions set
forth herein, and that the undersigned has received a copy of this Note as so completed.
INSURANCE: You may obtain property insurance from anyone that is acceptable to the Lender. If your collateral
property is located in a designated Flood Zone, you must also maintain adequate flood insurance on the property.
If any required insurance on the Collateral expires or is canceled and you fail to purchase and maintain such
required insurance, the Lender may (but is not required to, except in the case of required flood insurance) purchase
insurance on the Collateral and either: (i) add the cost of the insurance to the unpaid principal balance you owe
under this Note (in which case you agree to repay the cost of the insurance in accordance with the repayment
terms of this Note), or (ii) bill you separately (in which case you agree to pay the bill immediately). In either case,
the amounts you owe for the insurance premiums will accrue interest at the interest rate provided in this Note until
repaid in full. You understand and acknowledge that any insurance obtained and maintained by the Lender may
(i) only protect the interests of the Lender and any other creditor with a prior mortgage on the Property, and
(ii) be more expensive than insurance obtained and maintained by the Borrower.
r '
Page 5
You, the undersigned, certify that you have insured the property described in the section entitled "SECURITY" on
Page 1 of this Note, against loss by fire in the amount sufficient to cover this lien and all superior liens, and that
the policy includes extended coverage and has a standard mortgagee clause making loss payable to Citizens as its
interest may appear.
You agree it is your responsibility to keep the premises as identified in the section entitled "SECURITY" on Page l
of this Note, insured in an amount at least equal to the replacement cost of any buildings on the above property,
and until this Note is paid in full.
You understand that you may purchase any required insurance through any duly licensed insurance agent and
insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when
choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance
company will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer
that meets our reasonable requirement's.
All documents related to insurance for this loan should be mailed to the following address:
Citizens Bank, Consumer Finance Operations
I Citizens Drive
Riverside, RI 02915
(800)708-6680
You acknowledge that any payoff amounts referenced in the Itemization of Amount Financed section of this Note
and the HUDI-A form were estimates based on the balances listed on your credit bureau report(s), By signing
below, you authorize all handwritten changes, made both to the payoff figures in this Note and the HUDI -A form,
and can firm that these changes accurately reflect the payoff figures you provided at closing.
You acknowledge that you received and read, as applicable, the Home Equity disclosure statements provided to you
during the application process, which include When Your Home is On the Line, Servicing Disclosure Statement,
Good Faith Estimate, Right to Receive a Copy of an Appraisal, Citizens' Pledge Regarding the Responsible Use and
Protection of Customer Information, for MA residents only, Massachusetts Mortgage Loan Disclosure, Uniform
Mortgage Loan Cost Worksheet, Consumer Guide to Obtaining a Mortgage, for CT residents only, Mortgagor's
Right to Counsel, for RI residents only, Choice of Title Attorney Disclosure, for NJ residents only, Right to Own
Counsel Disclosure and for MD residents only, Processing your Loan Application, Settlement Services.
If there is more than one signer below, it is my/our intention that this account be a joint account.
You acknowledge that with your application, you provided your consent to us to check your employment and credit
history with any source and to answer questions about your credit experience with us.
NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE
IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL
PROPERTY.
SIGNATURES:
EL1900D R 1B8TRAita}t
EXHIBIT "B"
flov-13-100A Oi:itpm Frao-
!? is
PbRaft-d OIL
Ctdxem Bak
Beth Rona
Reht1 Leading SNA M
480 Jeit8MU BoWmurd
WamicJ4 RI 92886
14004944639
When recorded mail to:
LSI - North Re= ding Division
Mc
5029 8Wm Dudley Blvd
Mcgelian, C.A 95652
(800) 964-3524
Pared IN 38-05.0435
Cdls&=.LlddmL
499 RICH VALLEY ROAD, CARLISLE, PA 17013
PEMSYLVANIA
CLOSET END MORTGAGE
TSIS MORTGAGE b given on I 15/2005
ne mortgagor is
ELWOOD P. WESTRAM
JOYCE A WESTAAFER
Page 1
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LSI
NP140
T-599 P.008/031 F-212
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Nov-i3-2008 01:17pm Frm-
T-599 P.009/031 F-212
This Mortgagc is given to 994esns Bank of Ptmvlvaaia , whore $ is
1735 Msicet Saeat. Philadelcbia. PA 19103 ("Lender") or its successors or
4WISU s.
In this Mortgage, the terms "you„" "row" and "yours" refer to the mortgagor(s). The teems "ore," "us"
and "our" refer to the Lander. You owe us the principal an of S 129 200.00
Dollars. This debt is evidcoaA by your ante ("Note') dated the acme data as thin 11Mw fte, which
provides for monthly payments, with the full debt., if not paid earlier, due and payable on 12=035
This Mortgage amr+m to ue: (a) the repayment of die debt evidwoed by tic Note, with interest, and all
rcne*&JA txtetWons and modificadom of the Nate; (b) the payment of all odhtr sums, with interest,
advanced under this Mortgage to proem the security of this MagM, and (c) the perfoemanet of your
covenants ad 119reeaaent3 tinder this Mortgage aid the Note. For this purpose, you be reby mortgagor,
grant and ow.ivey.m us and our sucOgson and us*m the property L-,m d InafbMERLAND
County, Petmsylvatrta, and uwre tally described in A*I_* whicb is attached he mw and made a pats
haW, which property has the addnm of
499 RICH VALLEY ROAD, CARLISLE, PA 17013 („qupftV Address"),
TOGRMUR VaM all the W*mvmeats vow or hero to created on the property, and nit
oasemWK apPUrOVISIMM. Bud Yochum now or heteaAer a part of the property. All replacements and
additions shall also be covered by this Mortgagor. All of the foregoing is refcaad to in this Mortgage as
the "Ptopetty".
P.gs 2
BKI 937PG 1928
Nov-13-2008 01:17am Frm-
7-559 P-010/031 F-212
YOU COVENANT that you are lawfully seized of the cataae he my cemvesyed and have the tight to
mortgage, greet and Covey the P opetty ad that the Property is uneneug*ewd, Mq9 for en umbrsuces of
record You warxaat and will defend genstally the dale to the Property against all claims and demands,
subject to any enam bmazas of record.
YOU AND WE covenant ad agree as follows:
1. Payment of Pdadpal, Interest and Other Challm you ahsll pay when due the
principal of and interest owing under the Mote and all other charges due under the Nate.
2. Payments of Tan said Insurance. You will pay, wbae due, all taxes, rise: mass,
leasehold paynmu or grettnd hats (if any), std hazard bomu cx ou the Pmparty and mortgage bw ance (if
nay). We apexi8cally M %W6 to ousualves and our sucxason and antaa the vnibmd right to require that
you pay to us on the day monthly paym mis are date an amount equal to one-McUM (1/32) of the yearly
taxes, and aseessmeats (including eondoanimitim and plaa>xd wait davek ptuent atawanco ID. if any) whicb
may attain priority ova this Mmtguge and ground rents on the Ftopany, if guy, Plus ogre-twaft (1/11) of
Yearly praniurn i Wlbnents for baud and mortgage iaaurince, all as we reasonably Cute initially and
Am time to rinac, as sUowesd by and in acmiance with applicable law.
3. ApplMeatios of Payments. Unless applicable law provides oduawise, all payments received
by us wider the Note and Section 1 will be applied by us as pertained under the Note.
4. Prior Mortgages; Chargu:s; I.leas. You shall porlbtm all of your obligations under nay
mortgage, deed of but or other sexut* iumnumwuts with, a yen which has priority over this Montage,
including your nova mats to nWoe psymmts vibes dae. You eduU pay all taxes, sweswum tk chom {tars
and ur posidons attrilw aMe to the Property which my attain priority over thin Mesrigage, and jumhold
payments or pound renb, if any. Upon our request, you"promptly iia mbb to as all aobm of Mmmis
to be paid under this pwapvpb and receips evidencing any such paymenb you make ditecdy. You shall
Promptly discharge Say lien (ova 11M a ties disclosed to us m your application or in any title rcpon we
obbbuad) which bw priority ova this Muutgage.
S. Hazard bmwanee. You shall keep the Property ituwred ap bst loss by &e, haratd9
included witbin the rarm "extended covaage° and any other haxu& iuchv* floods or flooding, for which
we require bsuraace. This owaoce shall be mainoained in the ss ammb and for the periods that we tequire.
You may choose any Ltsum reasonably 4ccapbble to vu: and shall inebu b a amdard mortgagee claw, U
we rrquire. you shall promptly give as all receipts of paid pramitum and renewal nod=.
If you fait to maintain coverage as required in this section, you audtorize us to obtda much coverages as vie in
our sole diseredon determine appopdow to protect our kdaat at the Property in accordance with the
provisions in Section 7. You understand and agree that any coverMe we purcbme may cover only our
interest in the Property and may not cover your tfetesl in the Proparty or any personal pro" therein.
You also undentand and ap ve that the pxmiam for any such inn uwwc may be bigbor than ibe premium
you would pay for such iossetaace.
Page 3
BKI937PUi929.
Nov-13-2008 01:18pm From-
T-599 P. 011431 F-212
You dull promptly notify the hmmer and us of my loss. We tray make proof of loss if you do not
promptly do so. We may also, at our option and on yaw behalf, adjust ad compmmise may elms
trader the inanranoe, give tblown or aequit0to m to the fimonum company in connection with the
seakmeat crony claim and collect and receive mostram oe pmcov 9. You appomnt no as you
aftmay-in-Bret to do ali of the forejoiag, which appoi ntmaat you understand and agree is irmvoeal k,
coupled with an k4emst with 1hll power of a fttitutioa and slant not be affected by your msbsequent
disability or incompetence.
lsuurance proceeds shall be applied to restore of repair the property damaged, ifresoar Eft or repair is
ccariornirally feasible and our aaxuity Would not be lessened. Otherwise insurance proceeds"be
applied to sums mmurad by this Mortgage, whether or not Brea due, wifb any excess paid to you. If you
abondoa the Property, or do not onswer **bb 30 days ow notice to you that the inmost has offered to
settle a claim, tben we may collect and use me proceeds to repair or restore tits Property or to pay sums
scoured by this Mortgage, wbcdwr or not thin due, To 30-doy period will begin when notice is given.
Any spptication otp Roes to Prpeipal shall act require us to extend or podponc the doe date of
ruoathly poyumut . if we acquire the Prop" at a forced sale following your dch* your right to any
imamuce proceeds resulting from damage to the prop" prior to the aoquiddoa shall pass to us to the
racrcut yr am mma acc,tmd by data Atostoso ;=m=vdi&* y prier a *9 vsq„ isitias.
You shall not permit any condition to exist on the property which would, in any way, invalidate the
insurance coverage on the Property.
6. Praervstlon, Malntaaame and Protection of Ow Pr+opertyr Lemebolds. You SW
not destroy, damage ox substsud ly change the property, allow to Property to deteriorate, or emadt
waste. if this Mortgage is op a leasehold, you shag comply with the law, If you acquire fee We to the
Property, the kmebold ad fee We sbsll not merge uuka we agree to the tnerger is writing.
7. PmWcW a of Our Moto is the ftapertyr Mer%W Imuranct. If you fait to
perform the coveaants and sgrtemonts cono w in this Mortgage, or theoe m a lqd proceeding that may
a aifieandy affect our riots in the Property (" as a proceeding in battlmgmy, probate, fay
toodetaoation or forfeiWrc or to sen sea laws or ttgalatiam), thm we way do, end pay for. anything
necessary to protect the Property's vahm ad au r*bb in the Property. our actions may MID& Paying
MY OM seCUred by a loan which baa pn rrity over ft Mortgage of any advanca um ft the Note or this
Mortgage, appe+ehtS is coin paying reasonable attorney's fees, paying any soma which you are m u r ed
to pay ender this Mortgage and entetigg on the Property to make repairs. We do not have to cake any
action we are pormitted to take under this poWspb. Any amormts are pay under thit pungyaph shall
become additional debts you owe us and shalt be scoured by thin Mortaega These smomb shall bear
interest hom the disbursement dab at the ink ea0sbhisbed under the Note and absu be payable, with
iaterast, upon out regaesk If we srequiord aaorz pp insuaince as a condition of making the loan secured
by chht Mortgage, YOU shall PAY the premhumt for ouch insurmcx until such time as the fegWmn mt for
the imurance frrmiruuea.
Page 4
6K1937F61930
Nov-13-2008 01:16pm From-
T-626 P.012/031 F-212
S. Inspeedon. We MAY make nailer in and upon the Property to inspect name at nay
reabonsble time and upon reasonable notice.
9. Con kransdaL The proceeds of any award for damages, direct of evasequetuial, in
connection vAlb any coodamostice or other taking of any part of the Property, or for eoavoyaaee is lien of
oondeamation, are hereby assigned and gall be paid to us. If Ow Property is abanhoned, or if; afEer nods
by us to you that The condemn offers to make an award of Battle a claim for daaaa^ you Gil to respond
to in within 30 days Afkr the date the notice is given, we are sutbodnd to collect and apply she proceeds, at
our option, eisbea to restoration or repair of Ibc Property or to *a mane a ctaed by this Mortgage. Whether or
not dice due. Unkss we and you otherwise epee fit writing, any appNeadan of proeeods to principal shall
not extend or poaWm tits due date of da moothiy payments payable under dirt Nee and paragraph l or
eltaape the amount of Such payments.
10 Yea Are Not Released; Porbewa art by Us Not a Waiver. Fxoensioa of time for
payment or modification of amortiudon of the mw secured by this h(ortgap granted by us to any of your
successors in interest shall not opetase to aloft your Uabitity or the liabt7ity of your successors is intezeat.
We shall not be reQuited to commence proceedings agsimt soy successor W mlerao. refdw to extend chart
for payment or od erwise rood* sarordartian of the saam segued by this huge by reason of amr
demand made by you or your sucomon in interest. Our fotbeeraaee in exercising any rigbt or remedy sbahl
not waive or preclude The exercise of any tight or remedy.
11. Saeeeuon and Assigns Sum* Joint mad Sgvetral Ida2dllty; Co•dprers. The covenants
and Weetne * of thin Mortgage shall bind and beoeW your suooeaem said pa mitred Mips. Your
covr:m* and agr+eeaaenis:hslh be join mad several. Anyme mbe co4igps this Mortgage but does not
exocute the Nate: (a) is Co,siphog this Mortgage only to moetgage, grant and convey such person's interest
in the Ftoperty. (b) is not peramally obligated to pay the Note, but is oNipted to pay all other auras $owed
by this Mortaago; and (e) agrees that we and anyone else who signs this Mortpp may ague to extend,
modify, forbear or make any aec o mmdatioas mpr&ug the germs of this Mortgage or tin Note without such
person's consent.
12. Loma C7uarga. Ir shu ban secured by this Mortgage is subject to a law which gets
mat ivann loan cherries. and Gat law is fl sty interpreted to that rho intamt or other loau charges collected
or to be collected is ootme , on with the loan exceed the peraaitted >irokk then: (a) any mach toss cnargc
aball be reduced by sire zinu mt necasaery to reduce tine cbarge to the permitted limit and (b) any sums
already collected 6tiao you which exceed permitted limits wM be tefimded to you. We may choose to mWw
thh refund by wduciug die principal owed under the Note or by making a dW*t payment to you. If &
refund reduces principal, the reduction wM be tr+eakd as a partial prepayment witbout any pMpaymeat cbarge
under the Note.
13. Notices. Unless otherwise required by haw, any notice to you provided for in this Mortgage
shall be delivered or m0ed by first char marl to the Property Address or any otbcr addrtwsa you design k by
notice to us. Unlags otherwise requirml by law, any notice to us shall be given by first class aril to our
adduces stated above or say other address we designers by nobw to you.
Page 5
BK t 937PG 193 1
NOV-13-2809 01:19pm From-
T-599 P-013/031 F-212
14. C-Mwt g Law; SevwSbAW. The exteosiou of CM & sectored by this Mar%W is
i ovaned by federal law, which for the pugmws of 12 USC Section 85 meat mmks Pwwylvaoia law.
However, the i ntatpctatiou and aafaftement of this Mortgage shat! be goreraed by the law of the
jtrisdicion in which tits property is hosted, eotcW as preempted by WmW low. In the event ibst any
provision or clause of this Mortgage or the Naia conf bat with apphcabk hw, ouch conflict shill not
affect other provisions of *As lldottgage of the Now which can be prey cAba without the conflicting
Povisien. To this end the provisions of Ws Monpge and the Note are declared to be severable.
1S. Tr"WOr of the Property. If aB or any part of the ptoparty or any interest in it is sold
or t rusferred whthout our prior written Comm we may. at atr Option, require ittzmediate payment in hltll
of all sums secntad by this MoMlap. Howavdr, this opdoe SW pot be es:areised by us if exercise is
ptobtbited by federal taw a of the dare of this Mother.
16. Sale of Agraemm4 Chap of Loss Servleer. The Note or a partial iatcrt st in the
Note (together with dds ivfttttgsge) may be sold one or store Maas wishout prior notice to you. A salt
may trsutt is a change in ma Canty (lntowu ss the "Loam Scr INN dust Collects tsoMMy paiumts due
under the Noe ad this Mortgage. Zbere alto may be one or nmc ebsq s of the Lou Ssrv=
unsclated to the sale of the Note. If attire is it cbstp of the Loan Smvicer, you will be given writmu
noticc of the ftMe m rsanired by spplicablo law. The notice will state the name and ad&= of the
now Loan Servieer and the address to wbkh psymenn should be made. 'The route wtm also conam any
o fom"on r q..i=.a by n"dio4le low.
17. Hazudeus 8nbshuft . You shall not arose or pem* to pmsdme, use, disposal,
storage. or release of any Huudons &ftt acas on or luflu pmpM. You stall not des nor allow
anyoac else to do, anytbiat affect9mg the Property tbst is in YWmj= of any Envkoameuttl Law. lie
precedigg two sentawn shall not apply to flu presence, use, or tttoraga on the FtW=W of Hazardow
SWx motet is quantities that are llU=lly rw"mml to be approptiate to normal rrsidential urea and w
mummom of em Proptnly. You ftu prnmpdy give us written modee of say investiptios, d a!%
demo d, lswauit or odtor action by lay go tat of rag iamy a Moq or private perry invoh* the
PropiM and any Hazardous Submm or Envtronmeutat Law of which you have actaal lmowledgc. If
you learn or are notified by any goverameut or regAtoty sutho ty, that say removal or odor
muodution of any Hsuardoua Sttbsomm atYectisg the hoperty 1s tlommy, you 4mll promptly take all
necessary rumcdisl udom is accordance with Eaves Law. As used is ads Motlpge,
"Huadbtts Substances" are those subapa m &Awd as w= or humdm subsnnoes by Envxo m w
Law and the following stlbstasces: gasoline, keeomm. adwr flaaraable or toxic pet wieum products, tootle
peatickla and bc&kWw. volatile solvents, toaatriah omak ng a* am or fomoaldehyde, and tM&Oactivc
materials. As used in this Mottgaaa. "Envuoamtxttal Law" means fedetai laws sod lam of the
jurisdiction wham the Pmpesty is located that relate to haaltb, safety or eu*= meaatt ptotectiitu
Page 6
8HI937PG1932
Nov-13-2000 01:19pm From
T-590 P.014/031 F-111
1s. Amelerstiot j Ramalke. We shall sire you nodee priw to accetrradon Mowing
your breach of mW covenant or aVle went in Sh Mortgage (bat not prior to aceslandep udder
Section 15 udm applicable low provides otheradee). The notice sW specify: (a) fade defasdt;
(b) the action nogtslwd to taro the defntit; (c) who the ddadt mutt be cured; and (d) teat (allure
to tore the default as apecitled way re=aps In scalwatkn of are same secured by Aft Martgage,
foreclosure by jndwd proceding mad "k of Me property. 7% mdse Iron Ibst4ar Inform you of
the right to rtbwb to attar acceleration and the eight to amrt to fro forcdoenre proceeding the
son-esdebeaoe of a default or any otter ddmn you any have to aocderstion and foredesm. lithe
dtdaWt Is not cured ere Wed&4 we way, at ow opdos, require Inumeftia payment In fait of all
twmu secured by this Mortgage without ibetbw dessond seed may torceloee thle ?Aw%ago by
POW proceeding, We doll'be =*Ud to collets all espma iawrred In pursdog the remedies
prwidad in tbb Section 18, including, but not Bodied to, reasonable atto mpl toes a. pertsttttad by
anbcable law and coats of We evidenee to the extent pwW#ed by applicable law.
19. Dleeondsusuee of Woreemeatt Notes &NtUlding our aceekiatW of Ise goons second
by this Mortgage under the provisions of Section 18, we stay, in our mole dimmtion and upm suet
cony iom as wa in out tale disea+ dm ddwmhw. discontinue any proeeodinga begets to eafotee ate terms
of this MoRgage.
20. Release. Upon payment of all stoma secured by this Mortgate, we shall discharge and
satisfy this mortgage without dh oge to you. You shall pay any recordation woe.
21. Additional Charges. You agree to pay ressoaabie ebarges as allawred by law in
commchon suith the servicing of this loath inc Whq, without Ibmitsdon, the coati of obtaining tax mearobes
and subordinatiom. Provided, however, that nottiag twokimed in this section is intended to crew acid
shall hot be coaatruued to create any duty or obligation by ns to perform any mh act, or to eftw.* at
conseat to any tsuh transaction or matter, excgn a release of the Mortgage upon Shc m7symcat of all
sums secured thereby.
22. Walvem You, to the asteat pamitled by applicable law, waive and release any error
or defect is proceeding to afom thin Mortgagt, and thereby waive the benefit of any present or figure
laws providing for MY of execako, extension of tiasc, ox=pt m $om attachu=% kvy and male, and
homestead exagdoa. No waiver by as at mid time of any term, provision or covenant commixed m this
Mortgage or in the Note seemed ha eby dmH be deemed to be or cotuaued as a waiver of shay other
tenor, provision or covcoant or of the tame tram, provision of covenant at any other time.
23. Rdnstatemtat Paw. Your time to remitte provxied m section 18 shall extend to
one hour prior to the commencement of bidding at a sheriff's sale or other sae purmut to this Mortgage.
24. Purchase Money Mortgages If any of the debt secured by this Mortgage u leas to you
to acquire title m the Property, M Mortgage shall be a purchase money mortgage.
Page 7
BK1937PG1933
Nov-13-1008 01:20pm From-
T-580 P-015/031 F-212
15. Interest Rate Attu Judposot. You Ogres Mat the U ftcK watt payable a8er a
judgment is caumd an the Note at in an action or=artgsgc forecimm shall be the cafe payable from
bane to tithe under the Note.
BY SIGMMG MWW, You Oecept sad agree to the tmx sad covtataats cmtaiaed in this Moitgags
and eucuted by you.
Signed, sealed and delivered in the pressoce of
A WSTKAM
Pagc B
8K 1937PG 1934
Nov-13-20oo 01:20pm From-
T-500 P-016/031 F-212
CE97MCA72 OF l1E.SMBNCS OF MORTGAGEE
I do bareby caufy dkU the precise W&M sad prmcigsl place of basmees of *c within mmed
mOrOta iv 1735 Muket Stttet, PA 19103
C'ithms Banc of le?os lva?
aY: 1
Title:
Page 9
BK 1937PS 1935
Nov-i3-2008 01:20PM From-
T-500 P-017/031 F-212
INDIVIDUAL AC LEDGMENT
STATE OR COMMONWEALTH
COUNTY OF
On the day of "Z- coit
before Rid- apate- '
ELWOOD R WESTHAFER
to me personally known to be the person(s) whose name(s) is/are
subscribed to this instrument, and such person(s) acknowledged that
he/she/they (i) executed the same for the purposes therein contained,
and (1I) executed this instrument as their free act and deed.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ry Public
Jeoft A. WK NMVPtkft
Attention Registry of Deeds/Town or City Clerk:
Citizens Bank
Consumer Finance Operations - RJW215
1 Citizens Drive Am& 'L /as
Riverside, RI 02915
8KI937PG1936
NOV-13-2008 01r20pm From-
T-599 P.018/031 F-212
INDIVIDUAL ACKNOWLEDGMENT
STATE OR COMMONWEALTH OF
COUNTY OF a(YWge;Q, ?aN+rJ S.
On the day 0
?,? ,
before me appears
JOYCE A WESTHAFER
to -me personally known to be the person(s) whose name(s) is/are
subscribed to this instrument, and such person(s) acknowledged that
he/she/they (1) executed the same for the purposes therein contained,
and (10 executed this instrument as their free act and deed.
IN WITNESS WHEREOF, l hereunto set my hand and official seal.
(Official $"I)
ViNatary Public
„? ,.?'????' '?i?'JA ,'•_ r V'•• `? ANA
;.., ;? ? ? J?aassso?gvr,?Icoio?A?
r Attention Registry of Deeds/Town or City. Clerk:
Cittzens Sank
Consumer Finance Operations - RJW215
1 Citizens Drive „c"„ 4/05
Riverside, R102915
BK 1937PG 1937
NOV-13-2006 01:21PM From-
Exhibit A
IM Number 1908239
Loan #: 6793509
Borrower. ELWOOD R WESTRAHR
LEGAL DESCRIPTION
County of CUIV MMU AND, State of PA
T-599 P.010/031 F-111
Land referred to in this report is described as all that certain property situated in Silver
Spring Township, in the County of Cumberland, and State of Pennsylvania, and being
described in a Deed dared 08/30/84, and recorded 09/07/84 among the land records of the
county and state as set forth above and retwenced as follows:
Book W30, Page 697. Being further described as:
All that tract of land situate in Silver Spring Township, Cwnbedand County,
Pennsylvania, as more particularly described as follows, to wit:
Beginning at a point in Legislative Route 21053 (Rich Valley Road) which point is 200
ft. southwesterly of the intersection of Legislative Route 21053 with Pennsylvania Route
944 (WeNzville Road); thence along legislative Route 21053 South 22 deg 10 min West,
a distance of 155.50 ft to a point; thence along land now or fomeriy of Kenneth A.
Bricker North 67 deg 50 min West, a distance of 275 feet to a reinforced bar, thence
along land retained by C adminc. E. Vogelsong North 22 deg 10 rain East, a distance of
360.02 ft to a point in Pennsylvania Route 944; thence along Pennsylvania Route 944
Crnlth 66 ft 7 ruin FACt. R dirtattir. nf I IM M ft M a point: thence jklemg land of grantees
South 22 deg 10 min West, a distance of 200 ft to a point; thence continuing along land
of grantees South 68 deg 0 min East, a distance of 120 ft to the point of beginning.
Assessor Parcel No: 38-05-0435
he rt.corded
In CLIMbcrl::?:.J C'',r,nty PA
Recorder of Deeds
-891937PG 1938
EXHIBIT "C"
EXHIBIT "C"
ALL THAT tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as
more particularly described as follows:, to wit:
BEGINNING at a point in Legislative Route 21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of Legislative Route 21053 with Pennsylvania Route 944
(Wertzville Road); thence along Legislative Route 21053 South 22 degrees 10 minutes West, a
distance of 155.50 feet to a point; thence along land now or formerly of Kenneth A. Bricker North 67
degrees 50 minutes West, a distance of 275 feet to a reinforced bar; thence along land retained by
Catherine E. Vogelson North 22 degrees 10 minutes East, a distance of 360.02 feet to a point in
Pennsylvania Route 944; thence along Pennsylvani Route 944, South 66 degrees 2 minutes East, a
distance of 155.08 feet to a point; thence along land of grantees South 22 degrees 10 minutes West, a
distance of 200 feet to a point; thence continuing along land of grantees South 68 degrees 0 minutes
East, a distance of 120 feet to the point or place of BEGINNING
CONTAINING 1.70 acres and being designated as Lot No. 3 of the Subdivision of Catherine E.
Vogelsong as prepared by Edward J. Prall Registered Surveyor, dated May 15, 1,984 and recorded in
Cumberland County Plan Book 46, page 16.
BEING known as: 499 Rich Valley Road, Carlisle, PA 17015
BEING THE SAME PREMISES which Catherine E. Vogelsong by Deed dated August 30, 1984, and
recorded with the Cumberland County Recorder of Deeds Office on September 7, 1984, in Book
W30, page 698, granted and conveyed unto Elwood R. Westhafer and Joyce A. Westhafer, husband
and wife.
Parcel No. 38-05-0435-040
Westhafer.Complaint.CumblerlandCo.010410
-6-
EXHIBIT "D"
W ILENTZ
GOLDMAN
&SPITZER P.A.
ATTORNEYS AT LAW
90 Woodb9oge Center Drive
Suite 900 Bx 10
Woodbridge NJ 07095-0958
(732 6368000
Fax (732) 855-0117
Meridian Center I
T
E awotontown, IndustrialNJW0 7 7ay24-226 West 5
((
Pax 1732) 493.8387
110 William Street
26th Floor
New York, NY 10038-3901
212 267-3091
Pat (212) 267-3828
Two Penn Center Plaza
Suite 910
Philadelphia PA 19102
C215)_ 3366-3
F 999
a5 6
Park Building
355 Filth Avenue Suite 400
Pittsbwrgh, PA 1 X222
(412 232-0808
Fax (412) 232-0773
website. www.wilenizcom
November 3, 2009
ACT 91 NOTICE
Please reply to:
Pittsburgh
Lauren B. Karl, Esquire
Direct Dial: 412-232-0808
Marl6i4wilentz.corn
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose
Specific information about the nature of the default is provided in the attached Pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EMAP may be
able to help to save your home. This Notice explains how the Program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you
meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed
at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance A ency
toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869).
#3226256(148462.383)
Page 2
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENDG UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO
ARRIBA, PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NO.
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
ELWOOD R. WESTHAFER AND
JOYCE A. WESTHAFER
499 RICH VALLEY ROAD
CARLISLE, PA 17015
60541086955/20600PA08
CITIZENS BANK OF PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA
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 CAUSE BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (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 THE
NEXT (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
#3226256 (148462.383)
Page 3
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO
BRING YOU MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agency lists 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 number of designated consumer credit
counseling agencies for the countv in which the property Is located are set forth at the end of this Notice It is
only necessary to schedule one fact-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). 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 with within thirty (30) days of
your face-to-face meeting with the counseling agency.
YOUSHOULD FILEA HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOUHAVEA MEETING
WITHA COUNSELING A GENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILY PREVENTED FROMSTARTINGA FORECLOSURE AGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE. "
YOU HAVE THE RIGHT TO FILEA HEMAP APPLICA TION E PEN BEYOND THESE TIME
PERIODS. ALA TE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUAPPLICATIONIS EVENTUALLYAPPROVED ATANY TIME
BEFORE A SHERIFF'S SALE ,THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
A DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
#3226256 (148462.383)
Page 4
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 499 RICH VALLEY ROAD, CARLISLE, PA 17015.
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due, as set forth below:
Principal and Interest (overdue
from 05/20/09 through 10/20/09)
6 payments at $881.54
Annual Fee
Late Charges
Partial Pay
Total amount of Delinquency
$ 5,289.24
60.00
300.00
580.99
$ 5,068.25
Additionally, another payment of $881.54, becomes due on November 20, 2009.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $5,068.25, PLUS ANY MONTHLY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must
be made either by cash cashier's check certified check or money order made payable to CITIZENS
BANK OF PENNSYLVANIA and sent to:
Lauren B. Karl, Esquire
Wilentz, Goldman & Spitzer
Park Building
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
412-232-0773-fax
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. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends
to instruct its attorneys to start legal action to foreclose upon your mortgage property.
#3226256 (148462.383)
Page 5
IN THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. however, if legal proceedings
are started against you, you will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within the THIRTY
(30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale
You may do so by pavingz the total amount then-past, due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriff s Sale as specified in writing _by the lender and by performing any other requirement
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
Sheriffs Sale of the mortgage property could be held would be approximately 6 months from the
date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
E-Mail address:
Citizens Bank of Pennsylvania
10561 Telegraph Road, Glen Allen, VA 23059
(804)627-4254 or (888) 522-7552
(804)627-5753
Cheryl D. Cox
Chervl.D.Cox(&comortga a corn
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started the
lender at any time.
#3226256 (148462.383)
Page 6
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
113226256 (148462.383)
Page 7
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PB FA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Sincerely,
WILENTZ GOLDMAN & SPITZER
"
BY: ?AWA,
AUREN ERSCHLER KARL
LBK/
Enclosure
#3226256 (148462.383)
*****************************************************************************
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
*****************************************************************************
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after
receipt of this notice, the debt will be assumed to be valid by our offices.
3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or
any portion thereof, is disputed, our offices will provide you with verification of the debt
or copy of the judgment against you, and a copy of such verification or judgment will be
mailed to you by our offices.
4. If you make a written request for it within 30 days hereof, I will also send you the name
and address of the original creditor if different from Citizens Bank.
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
hgooc R-
th I M RR Vonj.
1i?1(, Vk I*- 115
A Signature
x fi) .
Agent
Addressee
B. Received by (Printed Narpe) I C. Date of Delivery
D. Is delivery address dff Went from item 1? ( 0 s
If YES, enter d' ery address below: O No
u. aervice type
Certified Mail O,Express Mail
O Registered ` Return Receipt for Merchandise
? Insured Mail O C.O.D.
4. RoetrL-#.A rlel:....?n
____, ..... ? V Yes
2. Article Number 7008 1140 0003 8368 1969
(Transfer from service I&W
PS Form 3811, February 2004 Domestic Return Receipt
102595-oz-M-1540
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Joke K Wesfihafer
uqq P??h Valle ?ea?
?a?lisle> Ph r'?oi?
A. Signature
k-e r/,,
B. Received by (Printed Name) C. Date of Delivery
I ! !-S
D. Is delivery address different from Item 1? O Yes
If YES, enter delivery address below: O No
I; O V 5 2009
3. Service Type
-A Certified Mail O Express Mau
O Registered r Return Receipt for Merdmndise
O Insured mail O C.O.D.
4. Restricted Delivery/1 pft Fee) O Yes
2. Article Number
(ntic
WWW lefromservkefabeQ 7008. 1140 0003 8368 1976
PS Fort 3811, February 2004 Domestic Return Receipt tozssso2 M-tsao
i
1
U.S. Postal Service
CERTIFIED MAIL RECEIPT
z OFFI CIAL USE
.6
M
. posm"
$ ?.. Sd
,m 094W Fee
C3
Fe.
+
M c
C3 PA*kied DOW
Fee
Mmdw*%Wnt
orPO Bor Na
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~~~`its' ~I ~;ini(~r~~i b
BLED-U~ ~~~
r)F ~~~ rr;^.i} t1n±C?TARY
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
Citizens Bank of Pennsylvania
vs.
Joyce A. Westhafer
2Q{0 JA~d i 3 A~~ 10~ 25
C il`~1'~ `vs `~~r`i~i'~i~.
Case Number
2010-243
SHERIFF'S RETURN OF SERVICE
01/11/2010 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11,
2010 at 2049 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Joyce A. Westhafer, by making known unto herself personally, at 499 Rich Valley Road,
Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her
personally the said true and correct copy of the same.
01/11/2010 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11,
2010 at 2049 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Elwood R. Westhafer, by making known unto himself personally, at 499 Rich Valley
Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hin
personally the said true and correct copy of the same.
SHERIFF COST: $49.40
January 12, 2010
SO ANSWERS,
NY R ANDERSON, SHERIFF
By " y~~~.../ `"
Deputy Sheriff
t 5 :. :0`1, i.^,:
PROTHONOTARY
COURT OF COMMON PLEAS -CUMBERLAND COUNTY
CARLISLE, PA
DAVID D. BUELL
PROTHONOTARY
To: Elwood R. Westhafer and
Joyce A. Westhafer
499 Rich Valley Road
Carlisle, PA 17015
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
• DOCKET NO.: 10-243
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
David D. Buell
PROTHONOTARY
X Judgment by Default ($140,671.82)
Money Judgment
Judgment in Replevin o7/aa/I d
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 232-0808.
W esthafer.J udgment.021710
•
c 1;:~t
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
THE LAW OFFICES OF LAUREN BERSCHLER ~~'~~~ 2 ( '
Lauren Berschler Karl, Esquire ~ `-'- ~ ~ ~ ~ _ '
Attorney Id. No. 88209 ~. . .
Park Building At~r~~y .fox Plaii~ti~f
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 10-243
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a judgment by default in the amount of $140,(71.82, plus continuing interest
at the per diem rate of $25.18, from February 18, 2010, and costs of suit, in favor of Plaintiff,
Citizens Bank of Pennsylvania, ("Citizens"), and against Defendants, Elwood R. Westhafer and
Joyce A. Westhafer, ("Defendants"), for their failure to answer or otherwise plead in response to
the Complaint in Mortgage Foreclosure in this action. In support thereof, Citizens avers the
following:
1. On January 7, 2010, Citizens commenced this action by filing a Complaint in
Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the
captioned Defendants.
Westhafer.Judgment.021710
~ I'~. oo ~ ~ A~
c~~ ai(,
~-7~ a3~ 85a
~olic~ ~.~p,i I~l
2. On January 11, 2010, service of the Complaint was made personally upon both
Defendants, Elwood R. Westhafer and Joyce A. Westhafer, by the Sheriff of Cumberland
at their address of 499 Rich Valley Road, Carlisle, PA 17015. A true and correct copy of the
Affidavit of Service is attached hereto as Exhibit "A."
3. Defendants failed to plead in response to the Complaint within twenty (20) days.
4. On February 3, 2010, a Notice of Intention to Enter Judgment By Default was
served upon Defendants by both United States first class regular mail at 499 Rich Valley Road,
Carlisle, PA 17015. True and correct copies of the Notices are attached hereto and labeled as
Exhibit "B."
5. More than ten (10) days have elapsed since the Notices of Intention to Enter
Judgment By Default were mailed to Defendants, and to date no responsive pleading has been
filed.
6. Damages should be assessed in the amount of $140,671.82, plus per diem interest
at the rate of $25.18, from February 18, 2010, and costs of suit, which is calculated as follows:
Principal $ 126,746.50
Accrued interest
(through 2/17/10) 5,917.99
Accrued late charges 340.00
Annual Fee 60.00
BPO/Appraisal 400.00
Title Reports 620.00
Attorneys fees 6,337.33
Attorneys costs 250.00
TOTAL REAL DEBT $140,671.82
7. The aforementioned sum is the amount demanded in the Complaint with interest
carried forward to February 17, 2010.
W esthafer.Judgment.021710
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands judgment in its favor
and against Defendants, Elwood R. Westhafer and Joyce A. Westhafer, in the amount of
$140,671.82, plus per diem interest of $25.18, from February 18, 2010, plus any and all
additional attorneys fees and costs and any other costs and charges collectible under the
mortgage and for the foreclosure and sale of the Property.
Respectfully submitted,
THE LAW OFFICES OF LAUREN
BERSCHLER KARL, LLC
BY:
uren Bers hler Karl, Esquire
Attorneys for Plaintiff,
Citizens Bank of Pennsylvania
Date: February 18, 2010
W esthafer.Judgment.021710
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
DOCKET NO..: 10-243
CERTIFICATION OF SERVICE OF
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
I, Lauren Berschler Karl, Esquire, hereby certify that on February 3, 2010, I served a
Notice of Intention to Enter Judgment By Default upon Defendants, Elwood R. Westhafer and
Joyce A. Westhafer, by United States first class regular mail at 499 Rich Valley Road, Carlisle,
PA 17015.
r ~, l ''
Lauren rschler Karl, Esquire
Attorney for Plaintiff
Citizens Bank of Pennsylvania
Westhafer.Judgment.021710
THE LAW OFFICES OF LAUREN BERSCHLER KARL, L:LC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
v• DOCKET NO.: 10-243
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
CERTIFICATION OF ADDRESSES
I, Lauren Berschler Karl, Esquire, hereby certify that the address of Plaintiff, Citizens
Bank of Pennsylvania, is 2001 Market Street, Philadelphia, PA 19103, and that the last known
address of Defendants, Elwood R. Westhafer and Joyce A. Westhafer, is 499 Rich Valley Road,
Carlisle, PA 17015.
ay:{~~~C~ti~
Lauren Berschler Karl, Esquire
Attorney for Plaintiff
Citizens Bank of Pennsylvania
W esth afer. J udgment.0217 I 0
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 10-243
------------------------------------------------------
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS
Lauren Berschler Karl, Esquire, being duly sworn according to law, deposes and states that she is
the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its
behalf; and that, to the best of her knowledge, information and belief, Defendants, Elwood R. Westhafer
and Joyce A. Westhafer, are not in the military or naval service of the United States or its allies or
otherwise within the provisions of the Soldiers and Sailors Civil Relief .Act of 1940 and/or its
amendments.
Sworn to and subscribed
befor~me this ~~~~"' day
of
(Notary ~'ublic)
Westhafer.Judgment.02 ] 71
2010.
~H81 Seri Publk
Abby Ferguson, Notary
City of plgsburgh, Allegheny County
,~. ,.__..,~w, rMcolres Ott. 1, 2013
,-,
j ~~ ~~
ren Bersc ler Karl, Esquire
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
o~~"'r o ~:zr.~Hr~f~,,~
Jody SSmith - 4
Chief Deputy G' ~~ - ''`
`;, -'~F
ih!~" f v3w.
Edward L Schorpp ..~
Citizens Bank of Pennsylvania
vs.
Joyce A. Westhafer
Case Number
2010-243
SHERIFF'S RETURN OF SERVICE
01/11/2010 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11,
2010 at 2049 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Joyce A. Westhafer, by making known unto herself personally, at 499 Rich Valley Road,
Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her
personally the said true and correct copy of the same.
01/11/2010 08:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11,
2010 at 2049 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Elwood R. Westhafer, by making known unto himself personally, at 499 Rich Valley
Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hin
personally the said true and correct copy of the same-
SHERIFF COST: $49.40
January 12, 2010
SO ANSWERS,
,,..r+rr++A1~~
NY R ANDERSON, SHERIFF
By ;i'~ " ~G~~,"
Deputy Sheriff
_~~:~ ...mss-..~~;.-_..,,.. .
EXHIBIT "B"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LI,C
Ibkarl~ir~lbkarllaw com Park Building licensed in NJ and PA
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax:412-232-0773
February 3, 2010
Elwood R. Westhafer
499 Rich Valley Road
Carlisle, PA 17015
Re: Citizens Bank of Pennsylvania v. Elwood R. Westhafer and Joyce A. Westhafer
CCP Cumberland County, Court No.: 2010-243
Dear Mr. Westhafer:
Please note, this office represents Citizens Bank of Pennsylvania in the above-referenced
matter. Enclosed please find a Notice of Intention to Enter Judgment by Default.
S'~ncerely,
l
(~,a ~~~'1 ~ ~-
ren Bersc ler Karl
LBK/
Enclosure
Westhafer.Elwood. l Odayltr.020310
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209
Park Building Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
----------------------------------------------------------
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2010-243
To: ELWOOD R. WESTHAFER
Date of Notice: February 3, 2010
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTE
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TH
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE. DATE OF THIS NOTICE, .
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOB
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RI(JHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DC
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
W esthafer. Ellwood.TenDayNotice.020310
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFS
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
~ 1 .~,
I~
uren Bersc ler Karl, Esquire
Attorney for plaintiff,
Citizens Bank of Pennsylvania
Westhafer. Ellwood.TenDayNotice.0203 I 0-2-
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
Ihl:arlcu),lbkarlfaw.com Park Building licensed in NJ and PA
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
February 3, 2010
Joyce A. Westhafer
499 Rich Valley Road
Carlisle, PA 17015
Re: Citizens Bank of Pennsylvania v. Elwood R. Westhafer and Joyce A. Westhafer
CCP Cumberland County, Court No.: 2010-243
Dear Ms. Westhafer:
Please note, this office represents Citizens Bank of Pennsylvania in the above-referenced
matter. Enclosed please find a Notice of Intention to Enter Judgment by Default.
S' cerely,
J ~ . 1 1~~~
auren Bersc ler Karl
LBK/
Enclosure
W esthafer. J oyce. l Odayl tr.0203 10
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209
Park Building Attorneys far Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
----------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff, COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
NO.: 2010-243
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
To: JOYCE A. WESTHAFER
Date of Notice: February 3, 2010
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTE
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TH
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, .
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YO
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RICIHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DC
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A130UT HIRING A LAWYER.
Westhafer.Joyce.TenDayNotice 020310
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFE
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
~ai~ren Berscliler Karl, Esquire
Attorney for Plaintiff,
Citizens Bank of Pennsylvania
W esthaf'erJoyce. TenDayNotice.0203 I 0-2-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
--------------------------------------------
^ Confession Judgment
^ Other -MORTGAGE FORECLOSURE
File No. 10-243 Civil Term
Amount Due: $140,671.82, plus
Interest: $5,086.36, from 2/18/10-9/8/10
(25.18/day plus
Atty's Comm: $0.00, plus
Costs: to be added
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to
Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant(s)
499 Rich Valley Road
Carlisle, PA 17015
as more fully described in Exhibit "A" attached hereto
Date: ~
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#3163067 (148462253)
Signature:
Print Name: ren Ber chler Karl Es uire
Address: 355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412-232-0808
Supreme Court ID No.:88209 ~? d
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ALL THAT tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania,
as more particularly described as follows:, to wit:
BEGINNING at a point in Legislative Route 21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of Legislative Route 21053 with Pennsylvania Route 944
(Wertzville Road); thence along Legislative Route 21053 South 22 degrees 10 minutes West, a
distance of 155.50 feet to a point; thence along land now or formerly of Kenneth A. Bricker
North 67 degrees 50 minutes West, a distance of 275 feet to a reinforced bar; thence along land
retained by Catherine E. Vogelson North 22 degrees 10 minutes East, a distance of 360.02 feet to
a point in Pennsylvania Route 944; thence along Pennsylvania Route 944, South 66 degrees 2
minutes East, a distance of 155.08 feet to a point; thence along land of grantees South 22
degrees 10 minutes West, a distance of 200 feet to a point; thence continuing along land of
grantees South 68 degrees 0 minutes East, a distance of 120 feet to the point or place of
BEGINNING
CONTAINING 1.70 acres and being designated as Lot No. 3 of the Subdivision of Catherine E.
Vogelsong as prepared by Edward J. Prall Registered Surveyor, dated May 15, 1984 and
recorded in Cumberland County Plan Book 46, page 17.
BEING THE SAME PREMISES which Catherine E. Vogelsong by Deed dated August 30, 1984,
and recorded with the Cumberland County Recorder of Deeds Office on September 7, 1984, in
Book W30, page 698, granted and conveyed unto Elwood R. Westhafer and Joyce A. Westhafer,
husband and wife.
Improvements: Residential Dwelling
BEING known as: 499 Rich Valley Road, Carlisle, PA 17015
Parcel No. 38-OS-0435-040
EXHIBIT "A"
#3163064 (148462.253)
~~
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
v.
DOCKET NO.: 10-243
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action,
sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 499 Rich Valley Road, Carlisle, PA 17015,
as more fully described in the metes and bounds description attached hereto, and made a part
hereof, and identified as Exhibit "A":
1. Name and address of Owner(s) or Reputed Owner(s):
Name
Elwood R. Westhafer and
Joyce A. Westhafer
Address
499 Rich Valley Road
Carlisle, PA 17015
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot he
reasonably ascertained,
please so indicate)
Elwood R. Westhafer and
Joyce A. Westhafer
499 Rich Valley Road
Carlisle, PA 17015
#3 163064 (148462.253 )
i
3
4.
5
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Arrow Financial Services, LLC. c/o Blatt Hasenmiller, Leibsker & Moore
PO Box C3800
Southeastern, PA 19398
Attn: David C. Jenkins, Esquire
Discover Bank 6500 New Albany Road
New Albany, OH 43054
And
c/o James C. Warmbrodt, Esquire
Weltman Weinberg & Reis
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Name and last known address of the last recorded holder of every mortgage of
record:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 1735 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the
property:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
None.
a ~
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:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
PA Dept. of Public Welfare-
Bureau of Child Support
Domestic Relations Section
of Cumberland County
Name and address of every person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
13 North Hanover Street
Carlisle, PA 17013
Address (if address cannot be
reasonably ascertained,
please so indicate)
I 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 made herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to
authorities.
3 ~~ ,
Date L en Bersc ler Karl, Esquire
Sworn to and Subscribed before me
this ''r'~- day of , _~(„ ~ ~ , 2010.
Notary Pub is CQMMp~yy~TM^~ PEryry~~~~
~M~i seal
abby Fe,O"sw', Nary Punk
~`fi' mm~~-yh, Allegheny County
won ExP~res ~ 1, 2013
ALL THAT tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania,
as more particularly described as follows:, to wit:
BEGINNING at a point in Legislative Route 21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of Legislative Route 21053 with Pennsylvania Route 944
(Wertzville Road); thence along Legislative Route 21053 South 22 degrees 10 minutes West, a
distance of 155.50 feet to a point; thence along land now or formerly of Kenneth A. Bricker
North 67 degrees 50 minutes West, a distance of 275 feet to a reinforced bar; thence along land
retained by Catherine E. Vogelson North 22 degrees 10 minutes East, a distance of 360.02 feet to
a point in Pennsylvania Route 944; thence along Pennsylvania Route 944, South 66 degrees 2
minutes East, a distance of 155.08 feet to a point; thence along land of grantees South 22
degrees 10 minutes West, a distance of 200 feet to a point; thence continuing along land of
grantees South 68 degrees 0 minutes East, a distance of 120 feet to the point or place of
BEGINNING
CONTAINING 1.70 acres and being designated as Lot No. 3 of the Subdivision of Catherine E.
Vogelsong as prepared by Edward J. Prall Registered Surveyor, dated May 15, 1984 and
recorded in Cumberland County Plan Book 46, page 17.
BEING THE SAME PREMISES which Catherine E. Vogelsong by Deed dated August 30, 1984,
and recorded with the Cumberland County Recorder of Deeds Office on September 7, 1984, in
Book W30, page 698, granted and conveyed unto Elwood R. Westhafer and Joyce A. Westhafer,
husband and wife.
Improvements: Residential Dwelling
BEING known as: 499 Rich Valley Road, Carlisle, PA 17015
Parcel No. 38-OS-0435-040
#3163064(148462.253)
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
------------------------------------------------------
DOCKET NO.: 10-243
ACT 6 AND ACT 91 AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Lauren Berschler Karl, Esquire, being duly sworn according to law, depose and say that
I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and
that the provisions of Act 6 codified at 41 P.S. §101 et seq. and the provisions of Act 91 codified
at 35 P.S. §1680.401c et seq. have been compl'ed with.
1~i~t1 o t~~ ,
Date TT Lauren Bersc er Karl, Esquire
Sworn to and Subscribed before me
this day of "~,~ , 2010.
~ r COMMONWFALTIi OF PENNSYLVANIA
Notarial Seal
otary Pub is Abby Ferguson, Notary Public
~Ctty of Pittsburgh, Allegheny County
My Commission Expires Oct. 1, 2013
,~
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
---------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
DOCKET NO.: 10-243
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO THE DEFENDANT: ELWOOD R. WESTHAFER AND JOYCE A. WESTHAFER
DATE OF SALE: SEPTEMBER 8, 2010 AT 10:00 A.M.
PROPERTY TO BE SOLD: 499 RICH VALLEY ROAD, CARLISLE, PA 17015
PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE,
1 COURTHOUSE SQUARE, CARLISLE, PA 1701.3
To prevent this Sheriff s Sale, you must take immediate action:
1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of
$140,671.82 plus interest and costs. To find out how much you. must pay, you may
call Lauren Berschler Karl, Esquire at (412) 232-0808.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the Judgment was improperly entered. You may also ask the Court
to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
#3163064(148462.253)
J~
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale (See notice on page two and how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriffs Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling Lauren Berschler Karl, Esquire at
(412) 232-0808.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has occurred, you may call Lauren Berschler Karl,
Esquire at (412) 232-0808.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate.
A schedule of distribution of the money bid for your real estate will be filed by
the Sheriff on a date specified by sheriff not later than thirty (30) days following
the sale. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff within ten (10) days
after the filing of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your property
back if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17103
1-800-990-9108
717-249-3166
.~ -
ALL THAT tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania,
as more particularly described as follows:, to wit:
BEGINNING at a point in Legislative Route 21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of Legislative Route 21053 with Pennsylvania Route 944
(Wertzville Road); thence along Legislative Route 21053 South 22 degrees 10 minutes West, a
distance of 155.50 feet to a point; thence along land now or formerly of Kenneth A. Bricker
North 67 degrees 50 minutes West, a distance of 275 feet to a reinforced bar; thence along land
retained by Catherine E. Vogelson North 22 degrees 10 minutes East, a distance of 360.02 feet to
a point in Pennsylvania Route 944; thence along Pennsylvania Route 944, South 66 degrees 2
minutes East, a distance of 155.08 feet to a point; thence along land of grantees South 22
degrees 10 minutes West, a distance of 200 feet to a point; thence continuing along land of
grantees South 68 degrees 0 minutes East, a distance of 120 feet to the point or place of
BEGINNING
CONTAINING 1.70 acres and being designated as Lot No. 3 of the Subdivision of Catherine E.
Vogelsong as prepared by Edward J. Prall Registered Surveyor, dated May 15, 1984 and
recorded in Cumberland County Plan Book 46, page 17.
BEING THE SAME PREMISES which Catherine E. Vogelsong by Deed dated August 30, 1984,
and recorded with the Cumberland County Recorder of Deeds Office on September 7, 1984, in
Book W30, page 698, granted and conveyed unto Elwood R. Westhafer and Joyce A. Westhafer,
husband and wife.
Improvements: Residential Dwelling
BEING known as: 499 Rich Valley Road, Carlisle, PA 17015
Parcel No. 38-OS-0435-040
EXHIBIT "A"
#3163064(148462.253)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-243 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From ELWOOD R. WESTHAFER & JOYCE A. WESTHAFER
(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 $140,671.82 L.L. $.50
Interest $5,086.36 FROM 2/18/10-9/8/10 ($25.18/DAY)
Atty's Comm % Due Prothy $2.00
Atty Paid $181.90 Other Costs
Plaintiff Paid
Date: JUNE 7, 2010
D. Bue ,Prothonotary
(SFnzl)
By:
Deputy
R1rC>L;ESTTI\G PARTY:
Nams LAURF.'1V. BERSCHLER KARL, ESQ.
Address: 355 i'+IFTH AVENUE
SUITE 400
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-232-0808
Supreme Court ID No. 88209
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
solicitor
~~'ti', ~~rr~~
FILF[}~'~i-~C~
!~rr- T~.~r : T` _ ,' "f ;TORY
~~ c'_? _? ~,s''S 9~ 54
PENivSY~LVi~.Nw
Citizens Bank of Pennsylvania Case Number
vs. 2010-243
Joyce A. Westhafer (et al.)
SHERIFF'S RETURN OF SERVICE
06/28/2010 09:13 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at
2113 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 Elwood R. Westhafer and Joyce A. Westhafer, located at, 499
Rich Valley Road, Carlisle, Cumberland County, Pennsylvania according to law.
07/01/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 2113 hours,
he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action,
upon the within named defendant, to wit: Joyce A. Westhafer, by making known unto, Elwood R.
Westhafer, spouse, at, 499 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania its contents anc
at the same time handing to him personally the said true and correct copy of the same.
07/01/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 2113 hours,
he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action,
upon the within named defendant, to wit: Elwood R. Westhafer, by making known unto, Elwood R.
Westhafer, personally, at, 499 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania its contents
and at the same time handing to him personally the said true and correct copy of the same.
08/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Lauren Karl on 8/6!10
SHERIFF COST: $1,023.79 SO ANSWERS,
August 27, 2010 RON R ANDERSON, SHERIFF
~ -fCaP~,Q . C ~ .
. S~ Lip
~~??~~
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a
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
DOCKET NO.: 10-243
AFFIDAVIT PURSUANT TO RULE 3129.1
LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action,
sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 499 Rich Vallev Road Carlisle PA 17015,
as more fully described in the metes and bounds description attached hereto, and made a part
hereof, and identified as Exhibit "A":
1. Name and address of Owner(s) or Reputed Owner(s):
Name
Elwood R. Westhafer and
Joyce A. Westhafer
Address
499 Rich Valley Road
Carlisle, PA 17015
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot he
reasonably ascertained,
please so indicate)
Elwood R. Westhafer and 499 Rich Valley Road
Joyce A. Westhafer Carlisle, PA 17015
#t3 163064 (148462.253 )
3.
4.
5
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Arrow Financial Services, LLC. c/o Blatt Hasenmiller, Leibsker & Moore
PO Box C3800
Southeastern, PA 19398
Attn: David C. Jenkins, Esquire
Discover Bank 6500 New Albany Road
New Albany, OH 43054
And
c/o James C. Warmbrodt, Esquire
Weltman Weinberg & Reis
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Name and last known address of the last recorded holder of every mortgage of
record:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 1735 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the
property:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
None.
6
7.
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
Domestic Relations Section
of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Name and address of every person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
I 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 made herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to
authorities.
3 ~~ ,
Date L en Bersc ler Karl, Esquire
Sworn and Subscribed before me
this '' day of , ~~t~ yt ,~ , 2010.
Notary Pub is WEALTH OF PEtVNSYLygryjq
~+Ma! seed
ab
Gty u~a~ Pub1k
NFy Comma Expl-!s Oct. iC 22013
4 ~ ~~ ~
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
ELWOOD R. WESTHAFER &
JOYCE A. WESTHAFER
Defendants.
LOUR"I' OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: ] 0-243
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO THE DEFENDANT: ELWOOD R. WESTHAFER AND JOYCE A. WESTHAFER
DA"1,E OF SALE: SEPTEMBER 8. 2010 AT 10:00 A.M.
PROPER"lY TO BE SOLD: 499 RICH VALLEY ROAD. CARLISLE, PA 17015
PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE.
1 COURTHOUSE SQUARE. CARLISLE. PA 17013
To prevent this Sheriff's Sale. you must take immediate action:
1. The sale ~~ i11 be canceled if you pay to Citizens Bank of Pennsylvania the sum of
$140,671.82 plus interest and costs. To find out how much you must pay.. you may
call Lauren Berschler Karl, Esquire at (412) 232-0808.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the Judgment was improper)}~ entered. You may also ask the Court
to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
a3 i ~„o~a ~ i asat>> ?., i
4-
Yuu may need an attorney to assert your rights. The sooner you contact one. the more chance you
will have of stopping the sale (See notice on page two and how to obtain an attorney}.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVF,N IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriff's Sale is not stopped. your property will be sold to the highest
bidder. You may find out the price by calling Lauren Berschler Karl Esquire at
(412) 232-0808.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
"The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has occurred. you may call Lauren Berschler Karl,
Esquire at (4 ] 2) 232-0808.
4. Lf the amount due from the buyer is not paid to the Sheriff. you will remain the
owner of the property as if the sale never happened.
You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time. the buyer may
bring legal proceedings to evict you.
You may be entitled to a share of the money which was paid for your real estate.
A schedule of distribution of the money bid for your real estate will be filed by
the Sheriff on a date specified by sheriff not later than thirty (30) days following
the sale. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff within ten (10} days
after the filing of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your property
back if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYF,R AT ONCE. iF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICF, LISTED
BELOW TO FIND OU~h WHERE YOU CAN GE"I' LEGAL HELP.
Cumberland Counh~ Bar Association
32 Bedford Street
Carlisle, PA 17103
1-800-990-9108
717-249-31 b6
ALL THAT tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania,
as more particularly described as follows:, to wit:
BEGINNING at a point in Legislative Route 21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of Legislative Route 21053 with Pennsyh~ania Route 944
(Wertzville Road); thence along Legislative Route 21053 South 22 degrees l0 minutes West. a
distance of 155.50 feet to a point: thence along land now or formerly of Kenneth A. Bricker
North 67 degrees 50 minutes West, a distance of 275 feet to a reinforced bar; thence along land
retained by Catherine F. Vogelson North 22 degrees 10 minutes Easi. a distance of 360.02 feet to
a point in Pennsylvania Route 944; thence along Pennsylvania Route 944. South 66 degrees 2
minutes East, a distance of 155.08 feet to a point; thence along land of grantees South 22
degrees I O minutes West. a distance of 200 feet to a point: thence continuing along land of
grantees South 68 degrees 0 minutes East. a distance of 120 feet to the point or place of
BEGINNING
CONTAINING 1.70 acres and being designated as Lot No. 3 of the Subdivision of Catherine E.
Vogelsong as prepared by Edward J. Prall Registered Surveyor, dated May 15, 1984 and
recorded in Cumberland County Plan Book 46, page 17.
BEING THE SAME PREMISES which Catherine E. Vogelsong by Deed dated August 30, 1984,
and recorded with the Cumberland County Recorder of Deeds Office on September 7. 1984, in
Book VV30, page 698, granted and conveyed unto Elwood R. Westhafer and .loyce A. Westhafer.
husband and wife.
Improvements: Residential Dwelling
BEING known as: 499 Rich Valley Road. Carlisle, PA 170] 5
Parcel No. 38-OS-0435-040
EXffiBIT "A"
~31630G4 (148462.253)
W~ZIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-243 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From ELWOOD R. WESTHAFER & JOYCE A. WESTHAFER
(l) 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 $140,671.82 L.L. $.50
Interest $5,086.36 FROM 2/]8/10-9/8/10 ($25.18/DAY)
Atty's Comm % Due Prothy $2.00
Atty Paid $181.90 Other Costs
Plaintiff Paid
Date: JUNE 7, 2010
(Seai)
P.EQUESTING PARTY:
Name LAUREN BERSCHLER KARL, ESQ.
Address:.355 FIFTH AVENUE
SUITE 400
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone : 412-232-0808
D ~ uell, othonotary
By:
Deputy
Supreme Court ID No. 88209
V
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA,
Known and numbered as, 499 Rich Valley Road,
Carlisle, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
eal Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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:
July 16, July 23, and July 30, 2010
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.
-~.
Lisa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
30 of Jules 2010
l,G • .
Notary
NOTARIAL SEAL
DEBORAH A COLLiNS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
Writ No. 2010-243 Civil
Citizens Bank of Pennsylvania
vs.
Joyce A. Westhafer
Elwood R. Westhafer
Atty.: Lauren Berschler Kazl
ALL THAT tract of land situate
in Silver Spring Township, Cumber-
land County, Pennsylvania, as more
particularly described as follows:,
to wit:
BEGINNING at a point in Legisla-
tive Route 21053 (Rich Valley Road)
which point is 200 ft. southwest-
erly of the intersection of Legislative
Route 21053 with Pennsylvania
Route 944 (Wentzville Road); thence
along Legislative Route 21053 South
22 degrees 10 minutes West, a
distance of 155.50 feet to a point;
thence along land now or formerly of
Kenneth A. Bricker North 67 degrees
50 minutes West, a distance of 275
feet to a reinforced bar; thence along
land retained by Catherine E. Vogel-
son North 22 degrees 10 minutes
East, a distance of 360.02 feet to a
point in Pennsylvania Route 944;
944, South 66 degrees 2 minutes
East, a distance of 155.08 feet to a
point; thence along land of grantees
South 22 degrees 10 minutes West, a
distance of 200 feet to a point; thence
continuing along land of grantees
South 68 degrees 0 minutes East, a
distance of 120 feet to the point or
place of BEGINNING
CONTAINING 1.70 acres and be-
ing designated as Lot No. 3 of the
Subdivision of Catherine E. Vogel-
song as prepared by Edwazd J. Prall
Registered Surveyor, dated May 15,
1984 and recorded in Cumberland
County Plan Book 46, page 17.
BEING THE SAME PREMISES
which Catherine E. Vogelsong by
Deed dated August 30, 1984, and re-
corded with the Cumberland County
Recorder of Deeds Office on Septem-
ber 7, 1984, in Book W30, page 698,
granted and conveyed unto Elwood
R. Westhafer and Joyce A. Westhafer,
husband and wife.
Improvements: Residential Dwell-
ing.
BEING known as: 499 Rich Valley
Road, Cazlisle, PA 17015.
Pazcel No. 38-05-0435-040.
The Patriot-News Co.
X020 Technology Pkwy
Suite 300
Mechanicsf,urg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~he~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
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/09/10
07/16/10
07!23!10
Sworn to. d su cri ed before me th~ day ~cigust, 2010 A.D.
Notary Public
G
COMMONWE4LTFi OF PENNSYLVANI,4
Notarial Seal
Sherrie G Kisser, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Nov. 26, 2011
Member, Pennsy{vanla Association of Notaries
YVrk No. 2010.23 CIvN Term
'ins Bank of Pennsylvania
Vs
.roy~e a wsstnafer
w'. Elwood R. Westhafer
Atty: Lauren I3erschler Karl
ALL THAT'tract of land situate in ~ilver Spring
Township, Cumberland County, Pennsylvania, as
more patticulazly descn'bed as follows:, to wit:
BEGINNING at a,point in Legislative Route
21053 (Rich Valley Road) which point is 200 ft.
southwesterly of the intersection of legislative
Route. 21053 with Pennsylvania Route 544
(Wertzville Road); thence along Legislative
Route 21053 South 22;degrees 10 minutes West,
a distance of 155.50 fed to a point; thence along
land now or formerly of Kenneth A. Bricker
North 67 degrees 50 mutes West,x distance of
275 feet to a reinforced baz; thence. along land
retained by Catherine E. Vogelson North 22
degrees 10 minutes East, a distance of 360.02
feet to a point in Pennsylvania Route 944;
thence along Pennsylvania Route 944, South 66
degrees 2 minutes East, a distance of 155.08 feet
to a point; thence along land of grantees South
22 degrees 10 minutes West, a distance of 200
feet to a point; thence continuing along land
of gantees South 68 degrees O minutes East,
a distance of 120 feet to the poim or place of
BEGINNING
CONTAIlVING 1.70 acies and being designated
as Lot No. 3 of the Subdivision of Catherine
E. VostiwaE >ic preper~d by Edwatd 7.
Regtalasd Saveyer, dated lfay I5, a984 tied
recorded ib CMebothrrid Gottaty Pbe Boolt 46,
page t7.
BEII~ THE. ~~ PRP3+II$ES which
Catherine E. VogeJsong by, Decd i)ead Attu
30, 1984, and recorded with the Cumberland
County Reorder of Deeds Office on September
7, ]984, in Book VJ30, page 698, granted and
conveyed unto Elwood R. Westhafer and Joyce
A..Westhafer, husband and wife.
Improvements. Residential Dwelling
BEING krtowwn as: 199 Rich Valley Road>
Cazlisle, PA 17tliS
Pazcel No, 38-05-0435-010