HomeMy WebLinkAbout10-1485JOHN G. PHARO
Plaintiff
DASH, LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action - Law
No. 2010 - /HISS
L` Z n
: Mortgage Foreclosure
Judge
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the complaint or for any other claims
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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
M Carlisle, PA 17013
c' Telephone: 1-800-990-9108
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Timothy Mi er
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JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010- jq?5
DASH, LLC
Defendant
: Mortgage Foreclosure
Judge
COMPLAINT
NOW comes the Plaintiff, John G. Pharo, and for the cause of action against the
Defendant, JASH, LLC, states:
1.
That the Plaintiff is John G. Pharo, a sui juris adult, residing at 101 Sand Bank Road,
Shippensburg, Pennsylvania 17257.
2.
That the Defendant and real owner of the hereinafter described real estate is JASH, LLC,
a Maryland Limited liability company registered to do business in Pennsylvania, with its
registered address at 15 Hershey Road, Shippensburg, Pennsylvania 17257.
3.
That on January 8, 2008, the Defendant executed and delivered a mortgage to Plaintiff
recorded in the Office of the Recorder of Deeds of Cumberland County as instrument #2008-
11861, a copy of which is attached hereto, made part hereof and marked Exhibit A, which copy is
a true and correct reproduction of the original.
4.
That Exhibit A has not been assigned.
5.
That the premises subject to said mortgage is described as follows:
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
land now or formerly of Harold D. Jacoby and at edge of right of way line of
Interstate Route No. 81; thence along right of way line of Interstate Route No. 81,
North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point; thence by the
same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence
by the same, North 30 degrees 59 minutes 36 seconds East, 399.61 feet to a point;
thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a
chord bearing of North 37 degrees 18 minutes 06 seconds East; thence continuing
North 43 degrees 36 minutes 35 seconds East, 412.29 feet to a point; thence along
land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, and through the center of Public Road, Township Route T-316,
South 34 degrees 03 minutes 25 seconds East, 1122.91 feet to a point; thence by
the same, South 39 degrees 35 minutes 46 seconds East, 86.79 feet to a point;
thence along land now or formerly of John M. Hershey, a/k/a John M. Hershey,
Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12 seconds West,
200.12 feet to a point marked by a steel pin; thence by the same, North 40 degrees
50 minutes 34 seconds West, 29.07 feet to a point marked by a steel pin; thence
by the same, South 46 degrees 57 minutes 21 seconds West, 292.74 feet to a point
marked by a steel pin; thence by the same, South 38 degrees 37 minutes 08
seconds West, 188.07 feet to a point marked by a steel pin; thence by land now or
formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the place of beginning. Pursuant to survey of J.H. Rife,
R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated
12/17/03 and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single,
dated January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
6.
That the mortgage marked Exhibit A is in default because:
A. The payment of $215,000.00 due on November 30, 2009 has not been paid;
B. Evidence of hazard and liability insurance has not been provided; and
C. Real estate taxes for the years 2008 and 2009 have not been paid.
7.
That there is due on said instrument marked Exhibit A the sum of $1,611,055.87 which is
calculated as follows:
Principal $1,499,550.37
Interest to 2/25/10 98,605.50
Late charge 12,900.00
Total: $1,611,055.87
8.
That interest will continue to accrue from February 26, 2010 at the rate of $218.153766
per day.
9.
That in addition to the above amount due, the Defendant is also responsible for Plaintiff's
reasonable attorney's fees.
10.
That the instrument marked Exhibit A is not a residential mortgage.
11.
That written notice of default required by the instrument marked Exhibit A was sent to
the Defendant by certified mail, return receipt requested, and by regular mail, certificate of
mailing, on February 5, 2010. Said notice was sent to the Defendant's Maryland address and to
the address of the mortgaged property which is Defendant's registered office in Pennsylvania.
The notice sent by certified mail to the address of the mortgaged property and Defendant's
registered office in Pennsylvania was received on February 8, 2010 as shown by the return
receipt card. The certified mail sent to Defendant's Maryland address has not yet been returned.
Copies of the notice dated February 5, 2010, the sender's receipts, the return receipt card and
certificates of mailing are attached hereto and made part hereof and marked Exhibit B.
WHEREFORE, the Plaintiff demands judgment against the Defendant:
A. For $1,611,055.87:
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. Plaintiff's reasonable attorney's fees;
D. The costs of this action; and
E. For a judicial sale of the prope' erein.
isner
Attorney for Plaintiff
Attorney ID#21424
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
I verify that the averments set forth in this Complaint are true and correct upon the
undersigned's personal knowledge or upon information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
John G. Pharo --?
MORTGAGE
Made this day of January, 2008,
Between
]ASH, LLC, a Maryland Limited Liability Company, having its principal address at 6120
Baltimore National Pike, Suite 200, Catsonsville MD 21228, (hereinafter called
"Mortgagor")
And
John G. Pharo,of 101 Sand Bank Road, Shippensburg, PA 17257, Pennsylvania
(hereinafter called "Mortgagee").
WHEREAS, Mortgagor has executed and delivered to Mortgagee a certain Mortgage
Note (hereinafter called the "Note") of even date herewith, payable to the order of
Mortgagee in the principal sum of One Million Six Hundred Thirty-Five Four Hundred
Sixty-One Dollars ($1,635,461.00), lawful money of the United States of America, and
has provided therein for payment of any additional moneys loaned or advanced thereunder
by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner
and at the times therein set forth, and containing certain other terms and conditions, all of
which are specifically incorporated herein by reference;
NOW, THEREFORE, Mortgagor, intending to be legally bound, and in consideration of
said debt and as security for the payment of the same and interest as aforesaid, together
with all other sums payable hereunder or under the terms of the Note, does grant and
convey unto Mortgagee, its successors and assigns:
See Exhibit "A" for legal description
THE above-described real estate is the same which John G. Pharo, by deed dated
7Clank)-. 2008, and intended to be recorded immediately
recording of this instrument, conveyed to JASH, LLC, the Mortgagor herein. rior to the
TOGETHER with the buildings and improvements erected thereon, the appurtenances
thereunto belonging and the reversions, remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto Mortgagee, its successors and assigns,
forever.
PROVIDED, HOWEVER, That if Mortgagor shall pay to Mortgagee the aforesaid debt
N or principal sum, including additional loans or advances and all other sums payable by
o Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest
thereon, and shall keep and perform each of the other covenants, conditions and
agreements hereinafter set forth, then this Mortgage and the estate hereb
=a conveyed shall become void. Y granted and
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THIS MORTGAGE is executed and delivered subject to the following covenants,
conditions and agreements:
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(1) The Mortgagor shall pay the said debt together with interest thereon at the rate
provided in the Note in the manner and at the times set forth in the Note.
EXMIT A
ALL that certain tract of land situate is Southampton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife,
and land now or formerly of Harold D. Jacoby and at edge of right of way line
of Interstate Route No. 81; thence along right of way line of Interstate Route
No. 81, North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point;
thence by the same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet
to a point; thence_by the same, North 30 degrees 59 minutes 36 seconds East,
399.61 feet to a point; thence continuing by the same, 139.19 feet along a
-curve to the right to a point; said curve having a radius of 633.40 feet, a
chord length of 139.47 feet and a'chord bearing of North 37 degrees 18 minutes
06 seconds East; thence continuing North 43 degrees 36 minutes 35' seconds
East, 412.29 feet to a point` thence along land now or formerly of John M.
Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
through the center of Public Road, Township Route T-316( South 34 degrees 03
minutes 25 seconds East, 1122.91 feet to a point; thence by the same, South 39
degrees 35 minutes 46 seconds East, 86.79 feet to a point; thence along land
now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, South 49 degrees 20 minutes 12 seconds Westt 200.12 feet to
a point marked by a steel pin; thence by the same, North 40 degrees 50 minutes
34 seconds West, 29.07 feet to a point marked by a steel pin; thence by the
same, South 46 degrees 57 minutes 21 seconds West, 292.74 feet to a point
marked by a steel pin; thence by the same, South 38 degrees 37 minutes 08
seconds West, 188.07 feet to a point marked by a steel pin; thence by land now
or formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the place of beginning. Pursuant to survey of J.H.
Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated 12/17/03
and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
(2) The Note secured hereby shall evidence, and this Mortgage shall cover and be
security for, any future loans or advances that may be made by Mortgagee to Mortgagor at any time
or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and
such loans and advances shall be added to the principal debt.
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(3) From time to time until said debt and interest are fully paid, Mortgagor shall: (a)
pay and discharge, when and as the same shall become due and payable, all taxes, assessments,
sewer and water rents, and all other charges and claims assessed or levied from time to time by any
lawful authority upon any part of the mortgaged premises and which shall or might have priority in
lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged
premises and pay and discharge all mechanics' liens which maybe filed against said premises and
which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and
discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now
or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew
and keep alive by paying the necessary premiums and charges thereon such policies of hazard and
liability insurance as Mortgagee may from time to time require upon the buildings and improvements
now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of
Mortgagor and Mortgagee as their respective interest may appear, such policies to be deposited as
collateral secured with the Mortgagee, and (e) promptly submit to Mortgagee evidence of the due and
punctual payment of all the foregoing charges; provided, however, that Mortgagee may, at it's option,
require that sums sufficient to discharge the foregoing charges to be paid in installments to
Mortgagee.
(4) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in
good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter
upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the buildings and improvements erected thereon. Mortgagor warrants title to
the mortgaged premises.
(5) In the event Mortgagor neglects or refuses to pay the charges mentioned at (3)
above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add
the cost thereof to the principal debt secured hereby, and collect the same as part of said principal
debt.
(6) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any
part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. Mortgagor shall comply with all laws, ordinances, regulations, and orders of
all Federal, State, Municipal and other governmental authorities relating to the Mortgaged premises.
(7) In case default be made for the space of thirty
installment of principal, or interest pursuant to the terms of the Note, dorin'thehperfo ma ce by any
Mortgagor of any of the other obligations of the Note or this Mortgage, then following written notice of
fifteen (15) days given by Mortgagee to Mortgagor of such default without cure thereof, the entire
unpaid balance of said principal sum, additional loans or advances and all other sums paid by
Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon
shall at the option of Mortgagee and without notice become immediately due and payable, and an
action of mortgage foreclosure may be brought forthwith on this Mortgage and prosecuted to
judgment, execution and sale for the collection of the same, together with costs of suit and a
reasonable attorney's commission for collection of not less than $2,500.00. To the extent permitted
by law, Mortgagor hereby forever waives (a) the necessity of filing any affidavit of non-military
service; (b) all notice of levy as well as any right to request a release from levy from any and all real
and personal property levied upon or attached; and (c) the benefit of all appraisement, stay and
exemption laws and all bankruptcy or insolvency laws now in force or hereinafter passed, any law,
usage or custom to the contrary notwithstanding.
THIS mortgage and the note executed and delivered to mortgagee herewith is not
assignable and may not be assumed by any other person or legal entity. If all or part of the
real estate described herein, or an interest therein, is sold, transferred or conveyed by the
Mortgagor, or upon any transfer of possession of the real estate described herein by the
Mortgagor whether by conveyance, long-term lease, installment sales agreement, or
otherwise, the entire unpaid balance of the said principal sum and all other sums paid by
Mortgagee pursuant to the terms of the note or this mortgage, together with unpaid interest
thereon, shall become immediately due and payable to Mortgagee. The provisions of this
paragraph shall not apply to (a) transfer by devise, descent, or by operation of law upon
death of a joint tenant or tenant by the entireties, or (b) grant of any leasehold interest of
three years or less not containing an option to purchase.
THIS mortgage is taken by the Mortgagee to secure the repayment of money actually
advanced by the Mortgagee to or on behalf of the Mortgagor at the time the Mortgagor
acquires title to th6'pr6perty herein described, and used by the Mortgagor at that time to
pay all or part of the purchase price of said real estate, and this mortgage is expressly
stated to be a purchase money mortgage.
THE covenants, conditions and agreements contained in this Mortgage shall bind, and
the benefits thereof shall inure to, the respective parties hereto and their respective heirs,
executors, administrators, successors and assigns, and if this Mortgage is executed by more
than one person, the undertakings and liability of each shall be joint and several.
WITNESS the due execution hereof the day and year first above written.
Witnessed by: 1ASH, LLC
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Abdul Raoof Rathore, Authorized Member
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On thisay of January, 2008, before me, a notary public, the undersigned officer, personally
appeared Abdul Raoof Rathore, authorized member of 7ASH, LLC, a limited liability company,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same in the capacity therein stated and for the
purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
NotaryPublic
MARK A. SHRADER
NOTARY PUBLIC STATE OF MARYLAND
County of Arne ArwKW
COmmisslon ExPirse July 23, 2011
Certificate of Residence of Mortgagee: I hereby certify that Mortgagee's precise address is:
John Pharo, 101 Sand Bank Ro d, Shippensburg, PA 17257
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Attorney/Agent for Mortgagee
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 240811861
Recorded On 4/15/2008 At 11:27:54 AM
* Instrument Type - MORTGAGE
Invoice Number -18697 User ID - RAK
* Mortgagor - JASH LLC
* Mortgagee - PHARO, JOHN G
* Customer NATIONWIDE TITLE
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $13.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $40.50
* Total Pages - 6
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
of av
RECORDER O rDS
rsso
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OWNIO
?IIIIYIYI11111 IN IY
Exhibit A
TIMOTHY W. MISNER
ATTORNEY AT LAW
39 SOUTH BROAD STREET
WAYNESBORO, PA 17268-1610
(717) 765-8080
FAX: (717) 765-4828
tmisner@pa.net
February 5, 2010
Jash, LLC Jash, LLC
6120 Baltimore National Pike, Suite 200 15 Hershey Road
Catsonsville, MD 21228 Shippensburg, PA 17257
Gentlemen:
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Please be advised that the undersigned represents John G. Pharo of 101 Sand Bank Road,
Shippensburg, PA 17257 (hereafter "Lender").
THIS IS A NOTICE OF DEFAULT AND OF LENDER'S INTENT TO FORECLOSE
ON YOUR MORTGAGE. PLEASE READ ALL OF THIS NOTICE VERY CAREFULLY.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Bar Association
Lawyer Referral Service
100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone: 1-800-692-7375 (PA ONLY),
or 717-238-6715
THE MORTGAGE held by Lender dated January 8, 2008 recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania as instrument #2008-11861 in the
amount of $1,635,461.00 on the property located in Southampton Township, Cumberland
County, Pennsylvania IS IN SERIOUS DEFAULT because you failed to make the payment
of $215,000.00 due on November 30, 2009 and because the Lender was not provided with
evidence of insurance.
You may cure this default within FIFTEEN (15) DAYS of the date of this letter, by
paying to the undersigned the amount of $215,000.00 plus a 6% late fee of $12,900.00 or a
total of $227,900.00 and by submitting evidence of insurance. The payment must be made by
wire transfer. You may call my office to receive wiring instructions
If you do not cure the default within FIFTEEN (15) DAYS, the Lender intends to start
a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed the
mortgaged property will be sold by the sheriff to pay off the mortgage debt.
If there is any other information you desire, please contact the undersigned.
Very trul s,
Ti ` othy W. M er
TWM/as
cc: Raja Bandari, Esquire
John G. Pharo
CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND BY
REGULAR MAIL, CERTIFICATE OF MAILING (Jash, LLC)
SENDER: COMPLETE THIS SECTION
¦ Complete items 2, and 3. Also complete` Signature
item 4 if Restricted Delivery is desired
¦ Print your name and address on the reverse 0 Agent
so that we can return the card to you. 0 Addressee
¦ Attach this card to the back of the mailpiece, S. Received by (P tad Name)
or on the front if space permits. r r°
1. Article Addressed to: D. Is delivery Tess different from item V? Yes
If YES, enter delivery address below j No
Jash, LLC -
15 Hershey Road
Shippensburg, PA 17257
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Certified Fee
D
=1 Return
(Endorseme t Sul e j
Restricted
E Delivery Fee
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43 Total Postage & Fees
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To h L
L. Article Number
(nansterfrom senkekhw 7008 1830 0004 4798 1970
PS Form 3811, February 2004 Domestic Return Receipt
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O1 PO Box No. 6120 Baltimore National Pike
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Postage $ .44
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Certified Fee 2.8_ y
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p Return Reoekx Fee
(Endorsement Required)
2.3 t Here
O Restricted Delivery Fee .°;.
0 (Endorsement Required) tL
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co Total Postage & Fees $ 5.54
d QZ'1
'ca Wm -o Jash, LLC
C3 96ee4 Apr:W.; --------------------- ----------- -----------------------°--------------
orPOBoxNo. 15
------
- ------------------
Road
Hershey
-------- -- ---- ---------------------....__...._.......
CIry, State. ZIP+4
Shi ensbur
, PA 17257
_ 141.595.02-WI540 ;
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
ROVID IDE FOR INSURANCE I BE ''
11 IAY USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
-POSTMgSTER
Received From:
- Timothy W. Mir5A8m
One piece of ordinary mail
L6120 Baltimore
nal ?ike.,
Suite 200
Catsonsville, MD 21228
PS Form U17, January 2001
3 Service lype
Certified Mail O Express map
? Reg Lstered ® Retum Receipt for Merchandise
? Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
INIVAMM
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy 112:22
Edward L Schorpp
Solicitor OFF F
t:
John G. Pharo
vs. Case Number
Jash, LLC 2010-1485
SHERIFF'S RETURN OF SERVICE
03/11/2010 05:32 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 11, 2010 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Jash LLC, by making known unto Jhanzeb Ahmed Knan, Manager of Jash LLC
at 15 Hershey Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $46.44
March 12, 2010
GERALD WORTHINGT , DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) Coun`ySJ10 Shenit. Te,eosoYt. Inc.
JOHN G. PHARO
Plaintiff
JASH, LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
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No. 2010 - 1485 ~»
Mortgage Foreclosure
Judge _.
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NOTICE `"''
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment maybe entered against you by
the Court without further notice for any money claimed in the complaint or for any other claims
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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
Telephone: 1-800-990-9108
0 7-249-316
Ti othy isner
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
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JOHN G. PHARO
Plaintiff
JASH, LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure
Judge
AMENDED COMPLAINT
NOW comes the Plaintiff, John G. Pharo, and for the cause of action against the
Defendant, JASH, LLC, states:
1.
That the Plaintiff is John G. Pharo, a sui juris adult, residing at 101 Sand Bank Road,
Shippensburg, Pennsylvania 17257.
2.
That the Defendant and real owner of the hereinafter described real estate is JASH, LLC,
a Maryland Limited liability company registered to do business in Pennsylvania, with its
registered address at 15 Hershey Road, Shippensburg, Pennsylvania 17257.
3.
That on January 8, 2008, the Defendant executed and delivered a mortgage note and
mortgage to Plaintiff recorded in the Office of the Recorder of Deeds of Cumberland County as
instrument #2008-11861, copies of which are attached hereto, made part hereof and marked
Exhibit A, which copies are true and correct reproductions of the original.
4.
That the instruments Exhibit A have not been assigned.
5.
That the premises subject to said mortgage is described as follows:
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
land now or formerly of Harold D. Jacoby and at edge of right of way line of
Interstate Route No. 81; thence along right of way line of Interstate Route No. 81,
North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point; thence by the
same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence
by the same, North 30 degrees 59 minutes 36 seconds East, 399.61 feet to a point;
thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a
chord bearing of North 37 degrees 18 minutes 06 seconds East; thence continuing
North 43 degrees 36 minutes 35 seconds East, 412.29 feet to a point; thence along
land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, and through the center of Public Road, Township Route T-316,
South 34 degrees 03 minutes 25 seconds East, 1122.91 feet to a point; thence by
the same, South 39 degrees 35 minutes 46 seconds East, 86.79 feet to a point;
thence along land now or formerly of John M. Hershey, a/k/a John M. Hershey,
Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12 seconds West,
200.12 feet to a point marked by a steel pin; thence by the same, North 40 degrees
50 minutes 34 seconds West, 29.07 feet to a point marked by a steel pin; thence
by the same, South 46 degrees 57 minutes 21 seconds West, 292.74 feet to a point
marked by a steel pin; thence by the same, South 38 degrees 37 minutes 08
seconds West, 188.07 feet to a point marked by a steel pin; thence by land now or
formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the place of beginning. Pursuant to survey of J.H. Rife,
R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated
12/17/03 and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single,
dated January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
6.
That the mortgage and mortgage note marked Exhibit A are in default because:
A. The payment of $215,000.00 due on November 30, 2009 has not been paid;
B. Evidence of hazard and liability insurance has not been provided; and
C. Real estate taxes for the years 2008 and 2009 have not been paid.
7.
That there is due on said instruments marked Exhibit A the sum of $1,611,055.87 which
is calculated as follows:
Principal $1,499,550.37
Interest to 2/25/10 98,605.50
Late charge 12,900.00
Total: $1,611,055.87
8.
That interest will continue to accrue from February 26, 2010 at the rate of $218.153766
per day.
9.
That in addition to the above amount due, the Defendant is also responsible for Plaintiff's
reasonable attorney's fees.
10.
That the instruments marked Exhibit A are not residential mortgages.
11.
That written notice of default required by the instruments marked Exhibit A was sent to
the Defendant by certified mail, return receipt requested, and by regular mail, certificate of
mailing, on February 5, 2010. Said notice was sent to the Defendant's Maryland address and to
the address of the mortgaged property which is Defendant's registered office in Pennsylvania.
The notice sent by certified mail to the address of the mortgaged property and Defendant's
registered office in Pennsylvania was received on February 8, 2010 as shown by the return
receipt card. The certified mail sent to Defendant's Maryland address has not yet been returned.
Copies of the notice dated February 5, 2010, the sender's receipts, the return receipt card and
certificates of mailing are attached hereto and made part hereof and marked Exhibit B.
WHEREFORE, the Plaintiff demands judgment against the Defendant:
A. For $1,611,055.87:
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. Plaintiff's reasonable attorney's fees;
D. The costs of this action; and
E. For a judicial sale of the .else ~ty desc ' e herein.
imot y W. 'sner
Attorney for Plaintiff
Attorney ID#21424
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
I verify that the averments set forth in this Complaint are true and correct upon the
undersigned's personal knowledge or upon information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ~ ` ~!"~i.~~~~f
~~ Sohn G. Pharo
e
MORTGAGE NOTE
$ 1,635,461.00
Shippensburg, Pennsylvania
]anuary 8, 2008
For Va/ue Received, 7ASH, LLC, of 6120 Baltimore National Pike, Suite 200, Catsonsville,
MD 21228 (hereinafter called "Mortgagor") promises to pay to the order of .john G.
Pharo, (hereinafter called "Mortgagee"), his heirs, personal representatives or assigns, in
lawful money of the United States of America, the sum of One Million Six Hundred
Thirty-Five Four Hundred Sixty-One Qollars {$1,635,461.00) and any additional
moneys loaned or advanced by any holder hereof as hereinafter provided, as follows:
The foregoing principal sum of $1,635,461.00 with interest thereon at the rate of
5.31% per annum, payable in annual installments of $215,000.00 each, beginning on
~.~ November 30, 2008, and the same payment amount on the same day of each year
thereafter for a period of nine (9) consecutive years, unless said debt be sooner paid,
which said payments shall be applied first to interest, due monthly, at the rate of 5.31%
per annum, as aforesaid, on the principal sum or so much thereof as shaft from time to
time remain unpaid, and the balance of each payment shall be applied to principal, and
any balance of principal or interest remaining unpaid on November 30, 2017, shall
become due and payable on said date; and in addition thereto, in the event any payment
provided for herein shall become overdue by ten (10) days, the Mortgagor agrees to pay a
late charge in an amount not exceeding six per cent (6%) of any such overdue payment
as compensation for the additional service resulting from the default; all payments to be
made at 101 Sand Bank Road, Shippensburg, PA 17257 or elsewhere as shall be
directed by any holder hereof.
This Note shall evidence, and the Mortgage given to secure its payment, shall cover
and be security for any future loans or advances that may be made to or on behalf of the
Mortgagor by any holder hereof at any time or times hereafter and intended by the
Mortgagor and the then holder to be so evidenced and secured, as well as any sums paid
by any holder hereof pursuant to the terms of said Mortgage, and any such loans,
advances or payments shall be added to and shall bear interest at the same rate as the
principal debt.
In case default be made for the space of thirty (30) days in the payment of any
installment of principal, or interest, or in the performance by the Mortgagor of any of the
other obligations of this Note or said Mortgage, then following written notice of fifteen (15)
days given by Mortgagee to Mortgagor of such default without cure thereof, the entire
unpaid balance of the principal debt, additional loans or advances and all other sums paid
by any holder hereof to or on behalf of the Mortgagor pursuant to the terms of this Note
or said Mortgage, together with unpaid interest thereon, shall at the option of the holder
and without notice become immediately due and payable, and one or more executions
may forthwith issue on any judgements obtained by virtue hereof; and no failure on the
part of any holder hereof to exercise any of the rights hereunder shalt be deemed a waiver
of any such rights or of any default hereunder.
The Mortgagor hereby empowers any attorney of any court of record within the
United States of America or elsewhere to appear for the Mortgagor and, with or without
complaint filed, confess judgment, or a series of judgments, against the Mortgagor in
favor of any holder hereof, as of any term, for the unpaid balance of the principal debt,
additional loans or advances and all other sums paid by the holder hereof to or on behalf
of the Mortgagor pursuant to the terms of this Note or said Mortgage, together with
unpaid interest thereon, costs of suit and an attorney's commission for collection of ten
per cent (10%) of the total indebtedness, or $2,500.00, whichever is greater, on which
judgment or judgments one or more executions may issue forthwith upon failure to
comply with any of the terms and conditions of this Note or said Mortgage. To the extent
permitted by law, the Mortgagor hereby forever waives: (1) the necessity of filing any
affidavit of non-military service; (2) all notice of levy as well as any right to request a
release from levy from any and all real and personal property levied upon or attached; (3)
all defects or irregularity in any writ of execution, levy, foreclosure or service, any law,
usage or custom to the contrary notwithstanding.
This obligation shall bind the Mortgagor and the Mortgagor's successors and
permitted assigns, and the benefits hereof shall inure to the Mortgagee hereof and his
heirs, personal representatives and assigns.
This Note is secured by a Mortgage of even date herewith upon real estate described
therein.
Witnessed by: DASH, LLC
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13y Abdul Raoof Rathore,, Authori ed Member
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M O RTGAG E
Made this `~ day of January, 2008,
Between
DASH, LLC, a Maryland Limited Liability Company, having its principal address at 6120
Baltimore National Pike, Suite 200, Catsonsville, MD 21228, (hereinafter called
"Mortgagor")
And
John G. Pharo,of 101 Sand Bank Road, Shippensburg, PA 17257, Pennsylvania
(hereinafter called "Mortgagee").
WHEREAS, Mortgagor has executed and delivered to Mortgagee a certain Mortgage
Note (hereinafter called the "Note") of even date herewith, payable to the order of
Mortgagee in the principal sum of One Million Six Hundred Thirty-Five Four Hundred
Sixty-One Do!{ars ($1,635,461.00), lawful money of the. United States of America, .and
has provided therein for payment of any additional moneys loaned or advanced thereunder
by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner
and at the times therein set forth, and. containing certain other terms and conditions, all of
which are specifically incorporated herein by reference;
NOW, THEREFORE, Mortgagor, intending to be legally bound, and in consideration of
said debt and as security for the payment of the same and interest as aforesaid, together
with all other sums payable hereunder or under the terms of the Note, does grant and
convey unto Mortgagee, its successors and assigns.:
See Exhibit "A" for legal description
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_THE above-described real estate is the same which John G. Pharo, by deed dated _
.~~a~~i;, r'`J `~ 2008, and intended to be recorded immediately prior to the
recording of this instrument, conveyed to DASH, LLC, the Mortgagor herein.
TOGETHER with the buildings and improvements erected thereon, the appurtenances
thereunto belonging and the reversions, remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto Mortgagee, its successors and assigns,
forever.
PROVIDED, HOWEVER, That if Mortgagor shalt pay to Mortgagee the aforesaid debt
or principal sum, including additional loans or advances and all other sums payable by
Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest
thereon, and shall keep and perform each of the other covenants, conditions and
agreements hereinafter set forth, then this Mortgage and the estate hereby granted and
conveyed shall become void. .
THIS MORTGAGE is executed and delivered subject to the following covenants,
conditions and agreements:
(1) The Mortgagor shall pay the said debt together with interest thereon at the rate
.provided in the Note in the manner and at the times set forth in the Note.
~HIBIT A
ALL that certain tract of land situate is Southampton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land. now or formerly of
.John M_ Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife,
and land now or formerly of Harold D. Jacoby and at edge of right of way line
of Interstate Route No. 81; thence along right of way line of Interstate Route
No. 81, North 23 degrees 30 minutes 32 seconds ..East, 61.82 feet to a point;
thence by the same, North 29 degrees 11 minutes 35 seconds East, 43.5.71 feet
to a point; thence .by the same, North 30 degrees 59 minutes 36 seconds East,
399.61 feet to a point; thence continuing by the same, 139.19 feet along a
curve to the rigiz-t to a pointy said curve braving a radius of 63-3 .40 'feet, a
chord length of 139.47 feet and a'chord~bearing of North 37 degrees 18 minutes
06 seconds East; thence continuing North 43 degrees 36 minutes 35' seconds
East, 412.29 feet to a point4 thence along-land now or formerly of John M.
Hershey, a/k/a John M. Hershey; Sr., and Elva R. Hershey, his wife:, and
through the center of Public Road, Township Route T-316~t South 34 degrees 03
minutes 25 seconds East, 1122.91 feet to a point; thence by-the same, South 39
degrees 35 minutes 46 seconds East, 86.79 feet to a point; thence along land
now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, South 49 degrees 20 minutes 12 seconds Westt 200.12 feet to
a point marked by a steel pin; thence by the same, North 40 degrees 50 minutes
34 seconds West, 29.07 feet to a point marked by a steel pin; thence by the
same, South 46 degrees 57 minutes 21 seconds West, 292.74. feet to .a point
marked by a steel pin; thence by the same,-South 38 degrees 37 minutes 08
seconds West, 188.07 feet to a point marked by a steel pin; thence by Land now
or formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the place of beginning. Pursuant to survey of J.H.
Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated 12/17/03
and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC_
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(2) The Note secured hereby shall evidence, and this Mortgage shall cover and be
security for, any future loans or advances that may be made by Mortgagee to Mortgagor at any time
or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and
such loans and advances shall be added to the principal debt.
{3) From time to time until said debt and interest are fully paid, Mortgagor shal{: (a)
pay and discharge, when and as the same shall become due and payable, all taxes, assessments,
sewer and water rents, and all other charges and claims assessed or levied from time to time by any
lawful authority upon any part of the mortgaged premises and which shall or might have priority in
Lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged
premises and pay and discharge all mechanics' liens which may be filed against said premises and
which shat{ or might have priority in lien or payment to the debt secured hereby, (c) pay and
_ __
discharges any documentary stamp of other tax, including interest and penalties thereon, if any, now
or hereafter becoming payable on the Note evidencing the debt secured .hereby, (d) provide, renew
and keep alive by paying the necessary premiums and charges thereon such policies of hazard and
liability insurance as Mortgagee may from time to time require upon the buildings and improvements
now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of
Mortgagor and Mortgagee as their respective interest may appear, such polities to be deposited as
collateral secured with the Mortgagee, and (e) promptly submit to Mortgagee evidence of the due and
punctual payment of all the foregoing charges; provided, however, that Mortgagee may, at it's option,
require that sums sufficient to discharge the foregoing charges to be paid in installments to
Mortgagee.
(4) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in
good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter
-upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the buildings and improvements erected thereon. Mortgagor warrants title to
the mortgaged premises.
(5) In the event Mortgagor neglects or refuses to pay the charges mentioned at (3)
above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add
the cost thereof to the principal debt secured hereby, and collect the same as part of said principal
debt.
(6) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any
part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. Mortgagor shalt comply with all laws, ordinances, regulations, and orders of
all Federal, State, Municipal and other governmental authorities relating to the Mortgaged premises.
(7) In case default be made for the space of thirty (30) days in the payment of any
;_ installment of principal, or interest pursuant to the terms of the Note, or in the pertormance by
Mortgagor of any of the other obligations of the Note or this Mortgage, then following written notice of
fifteen (15) days given by Mortgagee to Mortgagor of such default without cure thereof, the entire
unpaid balance of said principal sum, additional loans or advances and all other sums paid by
Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon
shall at the option of Mortgagee and without notice become immediately due and payable, and en
action of mortgage foreclosure may be brought forthwith on this Mortgage and prosecuted to
judgment, execution and sale for the collection of the same, together with costs of suit and a
reasonable attorney's commission for collection of not less than $2,500.00. To the extent permitted
by law, Mortgagor hereby forever waives (a) the necessity of filing any affidavit of non-military
service; (b) all notice of levy as weN as any right to request a release from levy from any and all real
and personal property levied upon or attached; and (c) the benefit of al{ appraisement, stay and
exemption laws and all bankruptcy or insolvency laws now in force or hereinafter passed, any law,
i usage or custom to the contrary notwithstanding.
THIS mortgage and the note executed and delivered to mortgagee herewith is not
assignable and may not be assumed by any other person or legal entity. If all or part of the
real estate described herein, or an interest therein, is sold, transferred or conveyed by the
Mortgagor, or upon any transfer of possession of the real estate described herein by the
Mortgagor whether by conveyance, long-term lease, installment sales agreement, or
otherwise, the entire unpaid balance of the said principal sum and all other sums paid by
Mortgagee pursuant to the terms of the note or this mortgage, together with unpaid interest
thereon, shall become immediately due and payable to Mortgagee. The provisions of this
paragraph shall not apply to (a) transfer by devise, descent, or by operation of law upon
death of a joint. tenant or tenant by the entireties, or (b} grant of any leasehold interest of
three years or less not-containing an option to purchase. '
THIS mortgage is taken by the Mortgagee to secure the repayment of money actually
advanced by the Mortgagee to or on behalf of the Mortgagor at the time the Mortgagor
---- -
acquires titre to tfie~ property herein described, and used by the Mortgagor at that time to
pay all or part of the purchase price of said real estate, and this mortgage is expressly
stated to be a purchase money mortgage.
THE covenants, .conditions and agreements contained in this Mortgage shall bind, and
the benefits thereof shall inure to, the respective parties hereto .and their respective heirs,
executors, administrators, successors and assigns, and if this Mortgage is executed by more
than one person, the undertakings and liability of each shall be joint and several.
WITNESS the due execution hereof the day and year first above written.
witnessed by: .SASH, l.LC
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Abdu~ Raoof Rathore, Authorized Member
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STATE OF ~ ~~ Yom/ ~U ~
COUNTY OF ~f ~ _~ ~~ ~~.~ SS:
On thisay of January, 2008, before me, a notary public, the undersigned officer, personally
appeared Abdul Raoof Rathore, authorized member of ]ASH, LLC, a limited liability company,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same in the capacity therein stated and for the
purposes therein ec~nta+ned.
In Witness Whereof, I hereunto set m hand and ofF i ~~,~`` ~ ~~
Y cal seal. /v
Notary Public
MARK A. SHRADER
N6TARY PUBLIC STATE OF MARYLAND
County of Anne Anindel
My Commission Explr®8 July 23, 2011
Certificate :of R sidence of Mortaaaee• I hereby certify that Mortgagee's precise address is:
John Pharo, 101 Sand Bank Ro d, Shippensburg, PA 17257
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Attorney/Agent for Mortgagee
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200811861
Recorded On 4/IS/Z008 At 11:27:54 AIVI
* Instrument-Type -MORTGAGE
Invoice Number -1.8697 User ID - RAK
* Mortgagor - JASH LLC
* Mortgagee - PHARO, JOHN G
* Customer -NATIONWIDE TITLE
* FEES.
STATE WRIT TAR $0.50
-STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $13.50
RECORDER OF DEEDS
AFFORDABLE HOUSING . $11.50
COUNTY ARCHIVES FEE $2.00
ROD`ARCHIVES FEE $3.00
TOTAL PAID $40.50
* Total Pages - 6
Certification Page
DO NOT DETACH
This page is now, part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
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RECORDER O
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* -Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OOON10
II I I II III III ~ III (I VIII I III
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TIMOTHY. W. MISNER
ATTORNEY AT LAW
39 SOUTH BROAD STREET
WAYNESBORO, PA 17268-1610
(717)765-8080
FAX: (717) 765-4828
tmisnerC pa.net
February 5, 2010
Jash, LLC Jash, LLC
6120 Baltunore National Pike, Suite 200 15 Hershey Road.
Catsonsville, MD 21228 Shippensburg, PA 17257
Gentlemen:.
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
t
Please be advised that the undersigned represents John G. Pharo of 101 Sand Bank Road,
Shippensburg; PA 17257 (hereafter "Lender").
THIS LS A NOTICE OF DEFAULT AND OF LENDER'S INTENT TO FORECLOSE
ON YOUR MORTGAGE. PLEASE READ ALL OF THIS NOTICE VERY CAREFULLY.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD .ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Bar Association
Lawyer Referral Service
-100 South Street
P.O. Box 186
Harrisburg, PA 17108
Telephone: 1-800-692-7375 (PA ONLY).
or 717-238-6715
THE MORTGAGE held by Lender dated January 8, 2008 recorded in the Office of the
Recorder of -Deeds of Cumberland County, Pennsylvania as instrument #2008-11861 in the
amount of $1,635,461.00 on the property located in Southampton Township, Cumberland
County, Pennsylvania IS IN SERIOUS DEFAULT because you failed to make the payment
of $215,000.00 due on November 30, 2009 and because the Lender was not provided with
evidence of insurance.
You may cure this default within FIFTEEN (15) DAYS of the date of this letter, by
paying to the undersigned the amount of $215,000.00 plus a 6% late fee of $12,900.00 or a
w ib` '~1 `
total of $227,900.00 and by submitting evidence of insurance. The payment must be made by,
wire transfer. You may call my office to receive wiring instructions
If you do not cure the default within FIFTEEN (15) DAYS, the Lender intends to start
a lawsuit to foreclose your mortgaged .property. If the. mortgage is foreclosed .the
mortgaged property will be sold by the sheriff to pay off the mortgage debt.
If there is any other. information you desire, please contact the undersigned.
Very trul ,
T' ` othy W. er
TWM/as
cc: Raja Bandari, Esquire
John G. Pharo
CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND BY
REGULAR MAIL, CERTIFICATE OF MAILING (Jash, LLC)
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^ Complete ftems 1, 2, and 3. Also complete _ A. Signature
item 4 if Restricted Delivery is desired. ~~ ^ Agerrt
^ Print your name and address on the reverse ~ - z t ^ Add,~~
sO that we can return the card to you. B. Received by (Prr`r{ted Name) Da 4very.
~ ^ Attach this card to the back of the mailpiece,
or on the front if space permits. C r t'
D. Is del'nrery dress different from Item ~? „ Yes
1. Article Addressed to: H YES, enter delivery address bebvrsr ~ No
Jash, LLC
15 Hershey Road
{ Shippensburg, PA 17257
~ 3. Sertffce Type
. i ~ Cettltled Mall ^ Express Mail
1 ^ Registered ®Retum Receipt for Mer~tar~ise
j ^ Insured Mail ^ C.O.D.
~ 4. Restricted: DelNeryl(Fi~a Fee) ^ Yes
2. Article Number 7008 1830 0004 4798 1970
(transfer fmm servke labeq
PS Form 3811, February 2604 Domestic Return Receipt • ~ io25s5•o2-M-tsao ;
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~ ostagesFeas $ 5.54 ~ USP 15 Hershe .Road ~ - - ~_
~ M d Jash, LLC Shippensbur~, PA 17257
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--------------- ___.._~__.~~_ PS Forrn 3817, Janua 2001
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~---°-- PS Form 3$17, January 2001
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arPOeoxnfo. 15 -
Hershey Road ___________~____________:
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JOHN G. PHARO In the Court of Common Pleas of
Plaintiff :the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure
JASH, LLC
Defendant :Judge
CERTIFICATE OF SERVICE
I, TIMOTHY W. MISNER, hereby certify that on the 4th day of May, 2010, I served a
true and correct copy of the Amended Complaint upon the following by United States mail, first
class, postage prepaid:
Douglas C. Lovelace, Jr., Esquire
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
imothy . Mi er
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717)765-8080
Attorney ID: 21424
,~
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure ~~ ~, r ~; N
JASH, LLC ; ~ ~ °
~. u ~ -n
Defendant :Judge ri', f'~. ~ ~`~ f-i-
~- _p ~`-,
N ,-
REPLY TO NEW MATTER ` ;1 ~' ~ ~ :,
:~ ~~«
Now comes the Plaintiff, John G. Pharo, by his attorney, Timothy W. Misner, d repJ~es ~-T-~c
as follows: C,,.-
0
12. ~ ~
Plaintiff incorporates by reference paragraphs 1 through 11 of the Complaint.
13.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
14.
Denied. To the contrary, Plaintiff sold property adjoining that of Defendants in
December 2003 prior to Defendant's purchase in 2008 as shown on the description attached to
the mortgage which is part of Exhibit A of the Complaint.
1 ~.
Denied as stated. To the contrary, Defendant was advised by Courtney J. Graham,
Esquire by letter dated December 10, 2009, a copy of which is attached hereto and marked
Exhibit C, that part of the late fee and past due interest would be waived if certain payments were
made. Defendant made no payments, however.
16.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
17.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
18.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
19.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
20.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
21.
No response is required in that the averment is a conclusion of law. To the extent the
averment is considered factual, the same is denied for the reasons set forth in the Complaint.
WHEREFORE, the Plaintiff demands judgment against the Defendant:
A. For $1,611,055.87;
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. Plaintiff's reasonable attorney's fees;
D. The costs of this action; and
E. For a judicial saie of th rop y describ rein.
T othy isner
Attorney for Plaintiff
Attorney ID#21424
39 South Broad Street
Waynesboro, PA 17268-1610
(717)765-8080
I verify that the averments set forth in this Reply are true and correct upon the
undersigned's personal knowledge or upon information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: k ;~ ~I~l~ ~
% J G. Pharo
• ti
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
JASH, LLC
Defendant
Mortgage Foreclosure
Judge
CERTIFICATE OF SERVICE
I, TIMOTHY W. MISNER, hereby certify that on the ~ day of June, 2010, I
served a true and correct copy of the Reply to New Matter upon the following by United States
mail, first class, postage prepaid:
Douglas C. Lovelace, Jr., Esquire
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
Timothy W. Mi ner
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
Attorney ID: 21424
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
^ for JiJRY trial at the next term of civil court.
® for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
JOHN G. PHARO
vs.
)ASH, LLC
vs.
(other)
(Plaintiff)
(Defendant)
The trial list will be called on 8/31 /2010
and
Trials commence on 9/20/2010
Pretrials will be held on 9/8/2010
(Briefs are due S days before pretrials
No. 2010-1485 _
Term
Indicate the attorney who will try case for the party who files this praecipe:
Timothy W. Misner
Indicate trial counsel for other parties if known:
Douglas C. Lovelace, Jr., Esc
This case is ready for trial. Signed:
Print Name: Timothy W. Misner
Date: 8 / 5 / 2010
Attorney for: Plaintiff
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(check one)
X^ Civil Action -Law
^ Appeal from arbitration
JOHN G. PHARO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 10,244 'CIVIL
JASH, LLC,
Defendant CIVIL ACTION - LAW
IN RE: NONJURY TRIAL
ORDER
AND NOW, this ;o- day of November, 2010, a pretrial conference in the above-
captioned matter is set for Tuesday, January 4, 2011, at 11:00 a.m. in the Chambers of the
undersigned.
BY THE COURT,
'/J ' /
Kevin X Hess, P. J.
Timothy W. Misner, Esquire
For the Plaintiff
_,--Ilo-uglas C. Lovelace, Jr., Esquire
For the Defendant
Court Administrator - (20'a P'L
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JOHN G. PHARO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 10-1485 CIVIL
DASH, LLC, :
Defendant CIVIL ACTION - LAW
IN RE: NONJURY TRIAL
ORDER
AND NOW, this 3'0 day of December, 2010, our order of November 30, 2010, is
amended to reflect that the correct docket number is 10-1485 Civil. All other provisions of said
order of November 30, 2010, to remain in full force and effect.
imothy W. Misner, Esquire
For the Plaintiff
Douglas C. Lovelace, Jr., Esquire
For the Defendant
/t=om Administrator
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BY THE COURT,
Kevin X Hess, P. J.
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PHARO
JOHN G IN THE COURT OF COMMON PLEAS OFD s;.
,
. PENNSYLVAN
CUMBERLAND COUNTY
Plaintiff , _
vs NO. 10-1485 CIVIL ` c`a
. -7i
Defendant CIVIL ACTION - LAW v'
ORDER
AND NOW, this y ° day of January, 2011, following conference with counsel, trial
in this matter is set for Friday, March 18, 2011, at 2:30 p.m. It appearing that many of the claims
in this case are not in dispute, the scheduling of the trial notwithstanding, counsel for the plaintiff
is granted leave to file a motion for partial summary judgment in the case not more than fifteen
(15) days from today. Counsel is authorized to file said motion directly with the undersigned.
BY THE COURT,
Kevin A/Hess, P. J.
'Timothy W. Misner, Esquire
For the Plaintiff
?Douglas C. Lovelace, Jr., Esquire
For the Defendant
Court Administrator -in bin
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JOHN G. PHARO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 10-1485 CIVIL
JASH, LLC,
Defendant CIVIL ACTION - LAVE'
IN RE: MOTION FOR PARTIAL SUMMARY JUDGMENT
ORDER
AND NOW, this day of January, 2011, in consideration of the within motion
for partial summary judgment, it is directed that an answer thereto be filed with the undersigned
within twenty (20) days. Argument, if necessary, is set for February 17, 2011, at 9:15 a.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
'Z4
? Timothy W. Misner, Esquire . W
For the Plaintiff MATT
12,111
VDouglas C. Lovelace, Jr., Esquire I
For the Defendant
/Court Administrator - in rile
Am
Kevin A/lIess, P. J.
JOHN G. PHARO
Plaintiff
JASH,LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
r-
Civil Action - Law
" r
, -
No. 2010 -.1485
Mortgage Foreclosure
Judge Kevin J. Hess, P. J.
MOTION FOR PARTIAL SUMMARY JUDGMENT
PURSUANT TO PA. R. C. P. 103.5.2
Now comes the Plaintiff, John G. Pharo, by his attorney, Timothy W. Misner, and sets
forth the following in support of his Motion for Summary Judgment:
PROCEDURAL HISTORY
1.
That on March 3, 2010, Plaintiff commenced this action against the Defendant and
requested the following relief:
A. Judgment in favor of the Plaintiff and against the Defendant for $1,611,055.87;
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. Plaintiff's reasonable attorney's fees;
D. The costs of this action; and
E. For a judicial sale of the property described in the Complaint.
2.
That on April 19, 2010, the Defendant filed Preliminary Objections to the Complaint.
3.
That on May 5, 2010, Plaintiff filed an Amended Complaint.
4.
That on June 10, 2010, the Defendant filed an Answer Containing New Matter.
5.
That on June 28, 2010, Plaintiff filed a Reply to the New Matter.
6.
That no discovery was conducted by either party.
7.
That on August 9, 2010, Plaintiff filed a Praecipe listing the above captioned matter for
non jury trial.
8.
That on January 4, 2011, a pre-trial conference was held before the Honorable Kevin J.
Hess, P. J.
9.
That by Order dated January 4, 2011, Plaintiff was granted leave to file a motion for
summary judgment not more than 15 days from January 4, 2010.
10.
That this Motion is being filed within the time permitted by the Order dated January 4,
2011.
11.
That pursuant to Pa. R. C. P. 1035.2 a party may move for Summary Judgment if there is
no genuine issue of any material fact as to a necessary element of a cause of action or the defense
thereof and that if, after the completion of discovery, an adverse party who bears the burden of
proof at trial has failed to produce evidence of facts essential to the cause of action or the defense
thereof which would require the issues to be submitted to a jury.
AVERMENTS IN SUPPORT OF PLAINTIFF'S MOTION
FOR PARTIAL SUMMARY JUDGMENT
12.
That on January 8, 2008, the Defendant executed and delivered to Plaintiff a mortgage
note in the amount of $1,635,461.00 which was secured by a purchase money mortgage dated
January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County as
instrument #2008-11861. Copies of the mortgage note and purchase money mortgage are
attached hereto as Exhibit A.
13.
That the Defendant failed to make the payment due November 30, 2009 and failed to
provide evidence of insurance coverage, which defaults existed f'or 30 days.
14.
That the Plaintiff, as required by the mortgage note, sent written notice of default to the
Defendant. A copy of the notice of default is attached hereto as Exhibit B.
15.
That since the Defendant failed to cure the defaults within 15 days, the present mortgage
foreclosure action was filed.
16.
That in addition to the defaults listed in the notice sent to the Defendant, it has been
discovered that there is an additional default because the real estate taxes are delinquent for the
years 2009 and 2010.
17.
The Defendant's Answer does not factually deny the averments of default in paragraph 6
of the Complaint nor the itemization of damages in paragraphs 7 and 8. Instead, the Defendant
avers that such allegations are "...incorrect conclusions of law to which no response is
required...". Such responses are deemed admissions under the reasoning set forth in First
Wisconsin Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995).
18.
That the Defendant stated, inter alia, in section III of its pre-trial memorandum:
"... As to liability, Defendant does not contest Plaintiff's claim that Defendant
defaulted on the aforementioned Mortgage Note and Mortgage. As to damages,
Defendant does not contest Plaintiff's calculation of the damages Plaintiff claims
to have incurred, as a result of Defendant's default on the Mortgage Note; i.e.,
$1,679,119.84, as of January 4, 2011..."
19.
That there is no genuine issue of any material fact as to Defendant's liability for the
principal, interest and late charges due on the mortgage note and mortgage.
20.
That the only issue being contested by the Defendant is the Plaintiff's claim for attorney's
fees.
WHEREFORE, it is respectfully requested that your Honorable Court grant Plaintiff's
Motion for Partial Summary Judgment and enter judgment for the Plaintiff and against the
Defendant for:
A. $1,679,119.84;
B. Interest from January 5, 2011 at the rate of $218.153766 per day;
C. A judicial sale of the mortgaged property; and
D. The costs of the action.
mothy W. isner, ID #21424
Attorney for laintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
I verify that the averments set forth in this Motion are true and correct upon the
undersigned's personal knowledge or upon information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
1I? /)
Date: ,d d ?< • >v
hn G. Pharo
JOHN G. PHARO
Plaintiff
JASH,LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action - Law
No. 2010 -- 1485
Mortgage Foreclosure
: Judge Kevin A. Hess, P. J.
CERTIFICATE OF SERVICE
I, TIMOTHY W. MISNER, hereby certify that on the 7th day of January, 2011, I served
a true and correct copy of the Motion for Partial Summary Judgment upon the following by
United States mail, first class, postage prepaid:
Douglas C. Lovelace, Jr., Esquire
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
Timothy W. ner
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
Attorney ID: 21424.
MORTGAGE NOTE
$ 1,635,461.00
Shippensburg, Pennsylvania
January 8, 2008
For Value Received, JASH, LLC, of 6120 Baltimore National Pike, Suite 200, Catsonsville,
MD 21228 (hereinafter called "Mortgagor") promises to pay to the order of John G.
Pharo, (hereinafter called "Mortgagee"), his heirs, personal representatives or assigns, in
lawful money of the United States of America, the sum of One Million Six Hundred
Thirty-Five Four Hundred Sixty-One Dollars ($1,635,461.00) and any additional
moneys loaned or advanced by any holder hereof as hereinafter provided, as follows:
The foregoing principal sum of $1,635,461.00 with interest thereon at the rate of
5.31% per annum, payable in annual installments of $215,000.00 each, beginning on
w-November 30, 2008, and the same payment amount on the same day of each year
thereafter for a period of nine (9) consecutive years, unless said debt be sooner paid,
which said payments shall be applied first to interest, due monthly, at the rate of 5.31%
per annum, as aforesaid, on the principal sum or so much thereof as shall from time to
time remain unpaid, and the balance of each payment shall be applied to principal, and
any balance of principal or interest remaining unpaid on November 30, 2017, shall
become due and payable on said date; and in addition thereto, in the event any payment
provided for herein shall become overdue by ten (10) days, the Mortgagor agrees to pay a
late charge in an amount not exceeding six per cent (6%0) of any such overdue payment
as compensation for the additional service resulting from the default; all payments to be
made at 101 Sand Bank Road, Shippensburg, PA 17257'or elsewhere as shall be
directed by any holder hereof.
This Note shall evidence, and the Mortgage given to secure its payment, shall cover
and be security for any future loans or advances that may be made to or on behalf of the
Mortgagor by any holder hereof at any time or times hereafter and intended by the
Mortgagor and the then holder to be so evidenced and secured, as wei-I as any sums paid
by any holder hereof pursuant to the terms of said Mortgage, and any such loans,
advances or payments shall be added to and shall bear interest at the same rate as the
principal debt.
In case default be made for the space of thirty (30) days in the payment of any
installment of principal, or interest, or in the performance by the Mortgagor of any of the
other obligations of this Note or said Mortgage, then following written notice of fifteen (15)
days given by Mortgagee to Mortgagor of such default without cure thereof, the entire
unpaid balance of the principal debt, additional loans or advances and all other sums paid
by any holder hereof to or on behalf of the Mortgagor pursuant to the terms of this Note
or said Mortgage, together with unpaid interest thereon, shall at the option of the holder
and without notice become immediately due and payable, and one or more executions
may forthwith issue on any judgements obtained by virtue hereof; and no failure on the
part of any holder hereof to exercise any of the rights hereunder shall be deemed a waiver
of any such rights or of any default hereunder.
The Mortgagor hereby empowers any attorney of any court of record within the
United States of America or elsewhere to appear for the Mortgagor and, with or without
complaint filed, confess judgment, or a series of judgments, against the Mortgagor in
favor of any holder hereof, as of any term, for the unpaid balance of the principal debt,
additional loans or advances and all other sums paid by the holder hereof to or on behalf
of the Mortgagor pursuant to the terms of this Note or said Mortgage, together with
unpaid interest thereon, costs of suit and an attorney's commission for collection of ten
per cent (10%) of the total indebtedness, or $2,500.00, whichever is greater, on which
judgment or judgments one or more executions may issue forthwith upon failure to
comply with any of the terms and conditions of this Note or said Mortgage. To the extent
permitted by law, the Mortgagor hereby forever waives: (1) the necessity of filing any
affidavit of non-military service; (2) all notice of levy as well as any right to request a
release from levy from any and all real and personal property levied upon or attached; (3)
all defects or irregularity in any writ of execution, levy, foreclosure or service, any law,
usage or custom to the contrary notwithstanding.
This obligation shall bind the Mortgagor and the Mortgagor's successors and
permitted assigns, and the benefits hereof shall inure to the Mortgagee hereof and his
heirs, personal representatives and assigns.
This Note is secured by a Mortgage of even date herewith upon real estate described
therein.
Witnessed by: ]ASH, LLC
By t I [_
Abdul Raoof Rathore, Authorised Member
Z 816
11 l
MORTGAGE
Made this
day of January, 2008,
Between
JASH, LLC, a Maryland Limited Liability Company, having its principal address at 6120
Baltimore National Pike, Suite 200, Catsonsville, MD 21228, (hereinafter called
'Mortgagor")
And
John G. Pharo,of 101 Sand Bank Road, Shippensburg, PA 17257, Pennsylvania
(hereinafter called "Mortgagee").
WHEREAS, Mortgagor has executed and delivered to Mortgagee a certain Mortgage
Note (hereinafter called the "Note") of even date herewith, payable to the order of
Mortgagee. in the principal sum of One Million Six Hundred Thirty-Five Four Hundred
Sixty-One Dollars ($1,635,461.00), lawful money of the. United States of America; and
has provided therein for payment of any additional moneys loaned or advanced thereunder
by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner
and at the times therein set forth, and containing certain other terms and conditions, all of
which are specifically incorporated herein by reference;
NOW, THEREFORE, Mortgagor, intending to be legally bound, and in consideration of
said debt and as security for the payment of the same and interest as aforesaid, together
with all other sums payable hereunder or under the terms of the Note, does grant and
convey unto Mortgagee, its successors and assigns.:
See Exhibit "A" for legal description
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THE above-described real estate is the same which John G. Pharo, by deed dated
Towyuc.
'6 . 2008, and intended to be recorded immediately
recording of this instrument, conveyed to JASH, LLC, the Mortgagor herein. prior to the
TOGETHER with'the buildings and improvements erected thereon, the appurtenances
thereunto belonging and the reversions, remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto Mortgagee, its successors and assigns,
forever.
PROVIDED, HOWEVER, That if Mortgagor shall pay to Mortgagee the aforesaid debt
or principal sum, including additional loans or advances and all other sums payable by
Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest
thereon, and shall keep and perform each of the other covenants, conditions and
agreements hereinafter set forth, then this Mortgage and the estate hereby granted and
conveyed shall become void.
THIS MORTGAGE is executed and delivered subject to the following covenants,
conditions and agreements:
(1) The Mortgagor shall pay the said debt together with interest thereon at the rate
.provided in the Note in the manner and at the times set forth in the Note.
,.i
EI?BIT A
ALL that certain tract of land situate is Southampton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land.now or formerly of
John M_ Hershey, a/k/a John M. Hershey, Sr.:, and Elva R. Hershey, his wife,
and land now or formerly of Harold D. Jacoby and at edge of right of way line
of Interstate Route No. 81; thence along right of way.line of interstate Route
No.. 81, North 23 degrees 30 minutes 32 seconds ..East, 61. feet to a point;
thence by the same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet
to a point; thence-by the same, North`30 degrees 59 'Minutes 36 seconds East,
399.61 feet to appoint; thence continuing by the same, 139.19 feet along a
curve to the rigght t-o a pointy said curve having a radius of '63r3.4 0' feet, a
chord length of 139..47 feet axed.a'chord7bearing of North 37 degrees 18 minutes
06 seconds East; thence continuing North 43 degrees 36 minutes 35 seconds
East, 412.29 feet to a point} thence along land now or formerly of John M.
Hershey, a/k/a John M. Hershey; Sr., and Elva R: Hershey, his wife, and
through the center of Public Road, Township Route T-316A South 34 degrees 03
minutes 25 seconds East, 1122.91 feet to a point; thence by the same, South 39
degrees 35 minutes 46 seconds East, 86.79 feet to a. point; thence along land
now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, South 49 degrees 20 minutes 12 seconds Westf 200.12 feet to
a point marked by a steel pin; thence by the same, North 40 degrees 50 i¢inutes
34 seconds West, 29.07 feet to a point marked by a steel pin; thence by the
same, South 46 degrees 57 minutes 21 seconds West, 292.74.feet to .a point
marked by a steel pin; thence by the same, South 38 degrees 37 minutes 08
seconds West, 1a8.07 feet to a point marked by a steel pin; thence by land now
or formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the. place of beginning. Pursuant to survey of J_H.
Rife, R.,S., dated September 29, 1969-
EXCEPTING therefrom premises which John G. Pharo, by his deed dated 12/17/03
and recorded 32/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC_
(2) The Note secured hereby shall evidence, and this Mortgage shall cover and be
security for, any future loans or advances that may be made by Mortgagee to Mortgagor at any time
or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and
such loans and advances shall be added to. the principal debt.
(3) From time to time until said debt and interest are fully paid, Mortgagor shall: (a).
pay and discharge, when and as the same shall become due and payable, all taxes, assessments,
sewer and water rents, and all other charges and claims assessed or levied from time to time by any
lawful authority upon any part of the mortgaged premises and which shall or might have priority in
lien or payment to the debt secured hereby, (b) pay.all ground rents reserved from the mortgaged
premises and pay and discharge all mechanics' liens which may.be filed against said premises and
which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and
dischar
gL- any docurnentar~y Stamp or.otfier fax, including interest and penatties thereon, if any, now
or hereafter becomi ng. payable on the Note evidencing the debt secured hereby, (d) provide, renew
and keep alive by paying the necessary premiums and charges thereon such policies of hazard and
liability insurance as Mortgagee may from time to tirne'require upon the buildings and improvements
now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of
Mortgagor and Mortgagee as their respective interest may appear, such policies to be deposited as
collateral secured with the Mortgagee, and (e) promptly submit to Mortgagee evidence of the due and
punctual payment of all the foregoing charges; provided, however, that Mortgagee may, at it's option,
require that sums sufficient to discharge the foregoing charges to be paid in installments to .
Mortgagee.
(4) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in
good and substantial repair,- as determined by Mortgagee. Mortgagee shall have the right to enter
upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the buildings and improvements erected thereon. Mortgagor warrants title to
the mortgaged premises.
(5) In the event Mortgagor neglects or refuses to paythe charges mentioned at (3)
above,. or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add
the cost thereof to the principal debt secured hereby, and collect the same as part of said principal
debt.
,(6) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any
part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. Mortgagor shall comply with all laws, ordinances., regulations, and orders of
all Federal, State, Municipal and other governmental authorities relating to the Mortgaged premises.
(7) In case default be made for the. space of thirty (30) days in the payment. of any
;installment of.principal, or interest pursuant to.the terms of the Note, or in the performance by
Mortgagor of any of the other obligations.of the Note or this Mortgage, then following written notice of
fifteen (15) days given by Mortgagee to Mortgagor of such default without cure thereof, the entire
unpaid balance of said principal sum, additional loans or advances and all other sums paid by
Mortgagee pursuant to the terns of the Note or this Mortgage, together with unpaid interest thereon
shall at. the option of Mortgagee and without notice become immediately due and payable, and an
action of mortgage foreclosure may be brought forthwith on this Mortgage and prosecuted to
judgment, execution and sale for the collection of the same, together with costs of suit and a
c reasonable attorney's commission for collection of not less than $2,500.00. To the extent permitted
a .= by law, Mortgagor hereby forever waives (a) the necessity of filing any affidavit of non-military
service; (b) all notice of levy as well as any right to request a release from levy from: any and all real
a • = and personal property levied upon or attached; and (c) the benefit of all a y
? ppraisement stay and
i s a exemption laws.and all bankruptcy or insolvency laws now in force or hereinafter passed, any law,
usage or custom to the contrary notwithstanding.
tr =
THIS mortgage and the note executed and delivered to mortgagee herewith is not
assignable and may not be assumed by any other person or legal entity. If all or part of the
real estate described herein, or an interest therein, is sold, transferred or conveyed by the
Mortgagor, or upon any transfer of possession of the real estate described herein by the
Mortgagor whether by conveyance, long-term lease, installment sales agreement, or
otherwise, the entire unpaid balance of the said principal sum and all other sums paid by
Mortgagee pursuant to the terms of the note ,or this mortgage, together with unpaid interest
thereon, shall become immediately due and payable to Mortgagee. The provisions of this
paragraph shall not apply to' (a) transfer by devise, descent, or by operation of law upon
death of a joint tenant or tenant by the entireties, or (b) grant of any leasehold interest of
three years or less, not-containing an option to purchase.
THIS mortgage is taken by the Mortgagee to secure the repayment of money actually
advanced by the Mortgagee to or on behalf of the Mortgagor at the time the Morta or
acquires titre fo tNd propertyy herein described, and used by the Mortgagor at that time to
pay all' or part of the purchase price of said real estate, and this mortgage is expressly
stated to be a -purchase money mortgage.
THE covenants, .conditions and agreements contained in this Mortgage shall bind, and
the benefits thereof shall inure to, the respective parties heretoand their respective heirs,
executors, administrators, successors and assigns, and if this Mortgage is executed by more
than one person, the undertakings and liability of each shall be joint and several.
WITNESS the due execution hereof the day and year first above written.
Witnessed by, J ]ASH, LLC
By
Abdul Raw Rathore , Authorized Member
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personally
On this ay of January, 2008, before me, a notary, public, the undersigned officer appeared Abdul Raoof Rathore, authorized member of ]ASH, LLC, a limited liability company,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same in the. capacity theran stated. and for the
purposes therein eyed.
In Witness Whereof, I hereunto set my hand and offidal seal. Gf
Notary Public
(MARK A SHRApER
NDV W PUBLIC SWE OF MARYLAND
00w* 4 Anne Ar i%W :
RY 0O M1d806 fthft J*4, 2011
Certificate of Residence of Mortaaoee: I hereby certify that Mortgagee's precise address is:
John Pharo, 101 Sand Bank Ro , Shippensburg, PA 17257
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Attorney/Agent for Mortgagee
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200811861
Recorded On 4/15/2008 At 11:27: 54 AM
* Instrument Type - MORTGAGE '
Invoice Number -18697 User ID - RAK
Mortgagor - JASH LLC
Mortgagee - PHARO, JOHN .G
* Customer - NATIONWIDE TITLE
* FEES.
STATE WRIT TAB $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $13.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2..00
ROD,ARCHIVES FEE $3.00
TOTAL PAID $40.50
* Total Pates 6
Certification Page
DO NOT DETACH
This page is now. part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O?DrS
* - Information denoted by an asterisk may change daring
the verification process and may not be reflected on this page.
"N10
.11 II!IIII111 Hill 111
Exhibit A
TIMOTHY W. MISNER
ATTORNEY AT LAW
39 SOUTH BROAD STREET
WAYNESBORO, PA 17268-1610
(717) 765-8080
FAX: (717) 765-4828
tmisner@pa.net
February 5, 2010
Jash, LLC
6120 Baltimore National Pike, Suite 200
Catsonsville, MD 21228
Gentlemen:
Jash, LLC
15 Hershey Road.
Shippensburg, PA 17257
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
iI
Please be advised that the undersigned represents John (s. Pharo of 101 Sand Bank Road,
Shippensburg, PA 17257 (hereafter "Lender'.
THIS IS A NOTICE OF DEFAULT AND OF LENDER'S IN'T'ENT TO FORECLOSE
ON YOUR MORTGAGE. PLEASE READ ALL OF THIS NOTICE VERY CAREFULLY.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD . ONE, GO TO OR TELEPHONE THE
OFFICE. SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Bar Association
Lawyer Referral Service
100 South Street
-P.O. Box 186
Harrisburg, PA 17108
Telephone:.1-80.0-692-7375:(PA ONLY);
or 717-238-6715
THE MORTGAGE held by Lender dated January 8, 2008 recorded in the Office of the
Recorder of Deeds of Cumberland County; Pennsylvania as instrument #2008-11861 in the
amount of $1,635;461.00 on the property located in Southampton Township, Cumberland
County,. Pennsylvania IS IN SERIOUS DEFAULT because you failed to make the payment
of $215,000.00 due on November 30, 2009 and because the Lender was not provided with
evidence of insurance.
You may cure this default within-FU TEEN (15) DAYS of the date of this letter, by
paying to the undersigned the amount of $215,000.00 plus a 6% late fee of $12,900.00 or a
total of $227,900.00 and by submitting evidence of insurance. The payment must be made by,
wire transfer. You may call my office to receive wiling instructions
If you do not cure the default within FIb'TEEN (15) DAYS, the Lender intends to start
a lawsuit to foreclose your mortgaged .property. If the mortgage is foreclosed the
mortgaged property will be sold by the sheriff to pay off the mortgage debt.
If there is any other. information you desire, please contact the undersigned.
Very trul ,
othy W. er
TWM/as
cc: Raja Bandari, Esquire
John G. Pharo
CERTIFIED MAIL,, RETURN RECEIPT REQUESTED AND BY
REGULAR MAIL, CERTIFICATE OF MAILING (lash, LLC)
¦ Complete items 1, 2, and 3. Also complete
"4. griature Sig
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item 4 if Restricted Delivery is desired,
¦ Print your name and address on the reverse s
-C Agent
.. so-that. we can return the card to you. ? Addressee
I ¦ Attach this card to the back of the mailpiece B. Received by (Pn ed Name)
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or on the front if space permits. Y C
1. Article Addressed to: D. Is delivery (A -i differentirom ttem
If YES
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Jash, LLC
15 Hershey Road
I Shippensburg, PA 17257
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2. Article Number
7008 1830
(IFarrslerfrom service kft1
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PS Form 3811, February 2e04 Domestic Adam Receipt
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* U.S, POSTAL SERVICE CERTIFICATE OF MAILING
U MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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One piece of ordinary mai addressed to:
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Total Postage &Fees
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$ 5.54
15 Hershey Road
3 ° Jash, LLC Shippensburx, PA 17257
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• ul a PS Form 3817, January 2001
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Exhibit B
IN THE COURT OF COMMON PLEAS
JOHN G. PHARO OF THE 9TH JUDICIAL DISTRICT c.)
CUMBERLAND COUNTY
,
Plaintiff PENNSYLVANIA rn ?
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v. CIVIL ACTION - IN LAW -ca
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CCD
JASH, LLC : NO: 2010-1485 CIVIL TERM 3
Defendant ?a
MORTGAGE FORECLOSURE
JUDGE KEVIN P. HESS, P.J.
DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY
JUDGMENT PURSUANT TO PA R.C.P. 1035.2
Now comes Defendant JASH, LLC, through its undersigned counsel, and submits the
following in support of its Answer to Plaintiffs Motion for Partial Summary Judgment.
PROCEDURAL HISTORY
1. Plaintiff commenced this action in foreclosure against Defendant on March 3, 2010
and requested the following relief:
A. Judgment in favor of Plaintiff and against Defendant in the amount of
$1,611,055.87;
B. Interest from February 26, 2010, at the rate of $218.153766 per day;
C. Plaintiffs reasonable attorney fees;
D. The costs of the action; and
E. For a judicial sale of the property described in Plaintiffs Complaint.
2. Defendant filed Preliminary Objections to the Complaint on April 19, 2010.
3. Plaintiff filed his Amended Complaint on May 5, 2010.
4. Defendant filed its Answer with New Matter on June 10, 2010.
5. Plaintiff filed his Reply to New Matter on June 28, 2010.
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6. Neither parry conducted discovery.
7. Plaintiff filed a Praecipe on August 9, 2010 to list the matter for non jury trial.
8. The Honorable Kevin J. Hess, P.J. held a pretrial conference on January 4, 2011.
9. By Order dated January 4, 2011, Plaintiff was granted leave to file a motion for
partial summary judgment within 15 days of January 4, 2011.
10. Plaintiff timely filed a motion for partial summary judgment requesting that the
Court grant Plaintiff the following relief
A. $1,679,119.84;
B. Interest from January 5, 2011 at the rate of $218.153766 per day;
C. A judicial sale of the mortgaged property; and
D. The costs of the action.
11. Pa. R.C.P. provides that a party may move for summary judgment if there is no
genuine issue of material fact as to a necessary element of a cause of action or the defense
thereof and that if, after the completion of discovery, an adverse party who bears the burden of
proof at trial has failed to produce evidence of facts essential to the cause of action or the
defense thereof which would require the issues to be submitted to a jury.
DEFENDANT'S ANSWERS TO PLAINTIFF'S AVERMENTS IN SUPPORT OF
PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
16. Denied asstated. Defendant denies that real estate taxes are delinquent for the year of 2009.
17. Admitted.
2
18. Admitted.
19. Admitted.
20. Admitted.
WHEREFORE, Defendant respectfully requests that your Honorable Court limit any
judgment granted Plaintiff at this time to Plaintiffs claims of principal, interest, and late charges
due in accordance with the mortgage note; Plaintiffs request for judicial sale of the mortgaged
property; and Plaintiffs costs of the action.
Respectfully submitted,
Date: January 31, 2011 AWY t?OV-
Douglas C. Lovelace, Jr., ID No. 83889
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
3
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unsworn falsification to authorities, that he is attorney for the Defendant herein and
makes this Verification of the Defendant's Answer to Plaintiffs Motion for Partial Summary
Judgment based upon the facts and information as supplied to him by the Defendant, because the
Defendant is outside the jurisdiction of the court and the Defendant's verification cannot be
obtained within the time allowed for the filing of this Answer, and that the facts and
circumstances set forth in this response are true and correct to the best of his knowledge,
information, and belief.
Date: January 2011 &, F., ?1
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
a
IN THE COURT OF COMMON PLEAS
JOHN G. PHARO OF THE 9TH JUDICIAL DISTRICT
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. CIVIL ACTION - IN LAW
JASH, LLC NO: 2010-1485 CIVIL TERM
Defendant
MORTGAGE FORECLOSURE
JUDGE KEVIN P. HESS, P.J.
CERTIFICATE OF SERVICE
I, Douglas C. Lovelace, Jr., attorney for Defendant, JASH, LLC, hereby certify that on
January 31, 2011, I served a true and correct copy of the foregoing Defendant's Answer to
Plaintiffs Motion for Partial Summary Judgment, upon the below named individual by
depositing the same in the United States mail, first class, postage prepaid, at Carlisle,
Cumberland County, Pennsylvania.
SERVED UPON:
Timothy W. Misner, Esquire
Attorney at Law
39 South Broad Street
Waynesboro, PA 17268-1610
Attorney for Plaintiff
z4V7 K. ?? -
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
Attorney for Defendant
JOHN G. PHARO
Plaintiff
JASH,LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action - Law - -?
No. 2010 - 1485 F q
_) M
CX)
Mortgage Foreclosure ==
-
r
Judge Kevin A. Hess, P. J.
MOTION FOR ASSESSMENT OF DAMAGES
Now comes the Plaintiff, John G. Pharo, by his attorney, Timothy W. Misner, and sets
forth the following in support of this Motion for Assessment of Damages.
1.
That on February 17, 2011 the Court entered the following order:
ORDER OF COURT
AND NOW, this 17`x' day of February, 2001, on petition and answer, and
the matter having been called for argument, the motion of the plaintiff for partial
summary judgment is granted with respect to the plaintiff's claims of principal,
interest, and late charges due in accordance with the mortgage note, as well as the
plaintiff's requests for judicial sale of the mortgaged property and the plaintiff s
costs of the action.
By the Court,
/S/ Kevin A. Hess, P.J.
2.
That attached hereto is a copy of the Amended Complaint (without Exhibits) setting forth
the amount due on the note, the interest and the late charges.
3.
That Your Honorable Court needs to assess the actual damages in order for the Plaintiff
to obtain a monetary judgment.
WHEREFORE, your Honorable Court is respectfully moved to enter judgment in favor
of the Plaintiff and against the Defendant for:
A. $1,611,055.87;
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. A judicial sale of the mortgaged property; and
D. The costs of this action.
Respectfully submitted,
Timothy W. Misner, ID #21424
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
: Cumberland County
Civil Action -. Law
No. 2010 - 1485
Mortgage Foreclosure
DASH, LLC
Defendant
Judge
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the complaint or for any other claims
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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
Telephone: 1-800-990-9108
oL-U 7-249-316
T' othy isner
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
JOHN G. PHARO In the Court of Common Pleas of
Plaintiff the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
: No. 2010 - 1485
Mortgage Foreclosure
JASH, LLC
Defendant Judge
AMENDED COMPLAINT
NOW comes the Plaintiff, John G. Pharo, and for the cause of action against the
Defendant, JASH, LLC, states:
1.
That the Plaintiff is John G. Pharo, a sui juris adult, residing at 101 Sand Bank Road,
Shippensburg, Pennsylvania 17257.
2.
That the Defendant and real owner of the hereinafter described real estate is JASH, LLC,
a Maryland Limited liability company registered to do business in Pennsylvania, with its
registered address at 15 Hershey Road, Shippensburg, Pennsylvania 17257.
3.
That on January 8, 2008, the Defendant executed and delivered a mortgage note and
mortgage to Plaintiff recorded in the Office of the Recorder of Deeds of Cumberland County as
instrument #2008-11861, copies of which are attached hereto, made part hereof and marked
Exhibit A, which copies are true and correct reproductions of the original.
4.
That the instruments Exhibit A have not been assigned.
5.
That the premises subject to said mortgage is described as follows:
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
land now or formerly of Harold D. Jacoby and at edge of right of way line of
Interstate Route No. 81; thence along right of way line of Interstate Route No. 81,
North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point; thence by the
same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence
by the same, North 30 degrees 59 minutes 36 seconds East, 399.61 feet to a point;
thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a
chord bearing of North 37 degrees 18 minutes 06 seconds East; thence continuing
North 43 degrees 36 minutes 35 seconds East, 412.29 feet to a point; thence along
land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R.
Hershey, his wife, and through the center of Public Road, Township Route T-316,
South 34 degrees 03 minutes 25 seconds East, 1122.91 feet to a point; thence by
the same, South 39 degrees 35 minutes 46 seconds East, 86.79 feet to a point;
thence along land now or formerly of John M. Hershey, a/k/a John M. Hershey,
Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12 seconds West,
200.12 feet to a point marked by a steel pin; thence by the same, North 40 degrees
50 minutes 34 seconds West, 29.07 feet to a point marked by a steel pin; thence
by the same, South 46 degrees 57 minutes 21 seconds West, 292.74 feet to a point
marked by a steel pin; thence by the same, South 38 degrees 37 minutes 08
seconds West, 188.07 feet to a point marked by a steel pin; thence by land now or
formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West,
1028.06 feet to a point, the place of beginning. Pursuant to survey of J.H. Rife,
R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated
12/17/03 and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single,
dated January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
J
6
That the mortgage and mortgage note marked Exhibit A are in default because:
A. The payment of $215,000.00 due on November 30, 2009 has not been paid;
B. Evidence of hazard and liability insurance has not been provided; and
C. Real estate taxes for the years 2008 and 2009 have not been paid.
7.
That there is due on said instruments marked Exhibit A the sum of $1,611,055.87 which
is calculated as follows:
Principal $1,499,550.37
Interest to 2/25/10 98,605.50
Late charge 12,900.00
Total: $1,611,055.87
8.
That interest will continue to accrue from February 26, 2010 at the rate of $218.153766
per day.
9.
That in addition to the above amount due, the Defendant is also responsible for Plaintiff's
reasonable attorney's fees.
10.
That the instruments marked Exhibit A are not residential mortgages.
11.
That written notice of default required by the instruments marked Exhibit A was sent to
the Defendant by certified mail, return receipt requested, and by regular mail, certificate of
mailing, on February 5, 2010. Said notice was sent to the Defendant's Maryland address and to
the address of the mortgaged property which is Defendant's registered office in Pennsylvania.
The notice sent by certified mail to the address of the mortgaged property and Defendant's
registered office in Pennsylvania was received on February 8, 2010 as shown by the return
receipt card. The certified mail sent to Defendant's Maryland address has not yet been returned.
Copies of the notice dated February 5, 2010, the sender's receipts, the return receipt card and
certificates of mailing are attached hereto and made part hereof and marked Exhibit B.
WHEREFORE, the Plaintiff demands judgment against the Defendant:
A. For $1,611,055.87:
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. Plaintiff's reasonable attorney's fees;
D. The costs of this action; and
E. For a judicial sale of the ry desc . e herein.
unot y W. sner
Attorney for Plaintiff
Attorney ID#21424
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
I verify that the averments set forth in this Complaint are true and correct upon the
undersigned's personal knowledge or upon information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
!ohn G. Pharo
JOHN G. PHARO In the Court of Common Pleas of
Plaintiff the 9th Judicial District, Penna.
: Cumberland County
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure
JASH,LLC
Defendant : Judge Kevin A. Hess, P. J.
CERTIFICATE OF SERVICE
I, TIMOTHY W. MISNER, hereby certify that on the 28th day of February, 2011, I
served a true and correct copy of the Motion for Assessment of Damages upon the following by
United States fax:
Douglas C. Lovelace, Jr., Esquire
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
Fax # 717-241-2280
Timothy . Mi er
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
Attorney ID: 21424
A
JOHN G. PHARO
Plaintiff
Cumberland County
JASH, LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure --]
Judge Kevin J. Hess, P. J. `r7'
x
PRAECIPE FOR JUDGMENT
To: Prothonotary of Cumberland County, Pennsylvania
Enter judgment in the above action in favor of the Plaintiff and against the Defendant
pursuant to the Order of Court dated February 17, 2011 attached hereto.
r o e Plaintiff or:
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a01
c t* 16.7 3s
e-* asst06L'
un: V.!A
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
JOHN G. PHARO,
Plaintiff
V
DASH, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2010-1485 CIVIL TERM
MORTGAGE FORECLOSURE
IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, this 17th day of February, 2011, on
petition and answer, and the matter having been called for
argument, the motion of the plaintiff for partial summary
judgment is granted with respect to the plaintiff's claims
of principal, interest, and late charges due in accordance
with the mortgage note, as well as the plaintiff's requests
for judicial sale of the mortgaged property and the
plaintiff's costs of the action.
By the Court,
Timothy W. Misner, Esquire
For Plaintiff
Douglas C. Lovelace, Jr., Esquire
For Defendant
:bg
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
JASH, LLC
Defendant
Mortgage Foreclosure
: Judge Kevin J. Hess, P. J.
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you on February 24, 2011 for:
A. $1,611,055.87;
B. Interest from February 26, 2010 at the rate of $218.153766 per day;
C. A judicial sale of the mortgaged property; and
D. The costs of this action.
(X) A copy of all documents filed with the Prothonotary in support of this matter are
enclosed.
Prothonotary
By:
If you have any questions regarding this Notice, please contact the filing party:
Timothy W. Misner, ID # 21424
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
Telephone: (717)765-8080
NOTICE MAILED: C? -;) l - t I
Prothonotary
JOHN G. PHARO
Plaintiff
JASH, LLC
Defendant
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County c = °r
_,
?
Civil Action - Law xM -0 'T',=-
-a
=::0 m
No. 2010 - 1485
Mortgage Foreclosure =
Judge Kevin A. Hess, P. J.
RETURN OF SERVICE PURSUANT TO 3129.2(c)(2)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
SS
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, Timothy W. Misner, who, being duly sworn according to law, deposes and says that he
did serve notice of the sale of real property upon all persons whose names and addresses are set
forth in the Affidavit required by Pa. R.C.P. 3129.1 pursuant to Pa. R.C.P. 3129.2(c)(1)(iii) by
sending the attached Notice and Sheriffs handbill to the following by regular mail, certificate of
mailing, also attached hereto, on April 14, 2011:
John G. Pharo
101 Sand Bank Road
Shippensburg, PA 17257
Vivian Coy, Tax Collector
200 Airport Road
Shippensburg, PA 17257
Pennsylvania Dept. of Revenue
Bureau of Compliance
Department 280946
Fourth and Walnut Streets
Harrisburg, PA 17128-0946
Sworn to and subscribed before me
this I ?M day of April, 2011.
Cumberland Franklin Joint Municipal
Authority
725 Municipal Drive
Shippensburg, PA 17257
Cumberland County Tax claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
iio th y W. Asn
Attorney for Plaintiff
aiw 2 Ga
Notary Public COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ANNE SELMAN, Notary Public
Waynesboro Borough, Franklin County
Comm' E fires A rill 4, 2014
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
: Cumberland County
: Civil Action -Law
No. 2010 - 1485
JASH, LLC
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
: Mortgage Foreclosure
: Judge Kevin A. Hess, P. J.
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
OWNER OF PROPERTY TO BE SOLD: JASH, LLC
PROPERTY ADDRESS: 15 Hershey Road, Shippensburg, PA 17257 which is
improved with two one story buildings, fuel pumps and
scales
DEED BOOK REFERENCE: Instrument #2008-11860 in the Office of the Recorder of
Deeds of Cumberland County
The above property is scheduled to be sold at a Sheriff's Sale in the Cumberland County
Courthouse, South Hanover Street, Carlisle, Pennsylvania on Wednesday, June 1, 2011, at 10:00
a.m. prevailing time, Sheriff's handbill attached. Records indicate that you may hold a mortgage,
judgment or other lien on the property that may be extinguished by the sale. You may want to
attend the sale to protect your interest in the property.
A Schedule of 'Distribution will be filed by the Sheriff on a date specified by the Sheriff
no later than 30 days after sale. Distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within 10 days after filing of the Schedule.
If you have any questions regarding this Notice, please contact:
Timothy W. Misner, ID # 21424
Attorney for Plaintiff, John G. Pharo
39 South Broad Street
Waynesboro, PA 17268-1610
Telephone: (717) 765-8080
-SH RIFF'S AL
By Virtue of a Writ of Execution (Mortgage Foreclosure)
No. 2010-1485
Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the
following described property at public sale at the Cumberland County Courthouse in the City of Carlisle, County of
Cumberland, Commonwealth of Pennsylvania on:
WEDNESDAY, JUNE 01, 2011
AT 10:00 O'CLOCK A.M.
All parties in interest and claimants are further notified that a proposed schedule of distribution will be on file in the
Sheriffs Office no later than thirty (30) days after the date of the sale of any property sold hereunder, and
distribution of the proceeds will be made in accordance with the schedule ten (10) days after said filing, unless
exceptions are filed with the Sheriffs Office prior thereto.
By Virtue of Certain Writs of Execution, issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me
directed, I will expose at public sale by public venue or outcry, at the Cumberland County. Court House, in the Borough of Carlisle,
Pennsylvania at 10:00 o'clock A.M. Prevailing Time on the above date, the hereinafter mentioned real estate.
All parties in interest and Claimants are hereby notified that a Schedule of Distribution will be filed by the Sheriff on or before July 1,
2011, that distribution will be made in accordance with said schedule unless exceptions are filed thereto within ten (10) days
thereinafter.
As Soon as the property is knocked down to a purchaser, 10% of the purchase price or all costs whichever may be higher shall be
delivered to the Sheriff. If the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the property.
The balance due shall be paid to the Sheriff by NOT LATER THAN Friday June 17, 2011 at 12:00 Noon, prevailing time, otherwise
all money previously paid will be forfeited and the property will be resold on June 22, 2011 at 10:00 A.M., prevailing time in the
Cumberland County Sheriffs Office, Court House, Carlisle, PA
ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and
Elva R. Hershey, his wife, and land now or formerly of Harold D. Jacoby and at edge of right of way line of Interstate Route No. 81;
thence along right of way line of Interstate Route No. 81, North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point;
thence by the same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence by the same, North 30 degrees
59 minutes 36 seconds East, 399.61 feet to a point; thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a chord bearing of North 37 degrees 18 minutes 06
seconds East; thence continuing North 43 degrees 36 minutes.35 seconds East, 412.29 feet to a point; thence along land now or
formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and through the center of Public Road,
Township Route T-316, South 34 degrees 03 minutes 25 seconds East, 1,122.91 feet to a point; thence by the same, South 39
degrees 35 minutes 46 seconds East, 86.79 feet to a point; thence along land now or formerly of John M. Hershey, a/k/a John M.
Hershey, Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12 seconds West, 200.12 feet to a point marked by a
steel pin; thence by the same, North 40 degrees 50 minutes 34 seconds West, 29.07 feet to a point marked by a steel pin; thence
by the same, South 46 degrees 57 minutes 21 seconds West, 292.74 feet to a point marked by a steel pin; thence by the same,
South 38 degrees 37 minutes 08 seconds West, 188.07 feet to a point marked by a steel pin; thence by land now or formerly of
Harold D. Jacoby, North 75 degrees 08 minutes 58 seconds West, 1,028.06 feet to a point, the place of beginning. Pursuant to
survey of J.H. Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated 12/17103 and recorded 12/18/03 in The Recorder's
Office, Cumberland County, Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People, LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single, dated January 8, 2008 and recorded in
the Office of the Recorder of Deeds of Cumberland County as instrument #2008-11860.
Premises being 15 Hershey Road, Shippensburg, PA 17257
Tax parcel #39-13-0102-021 and #39-13-0102-116
PROPERTY ADDRESS: 15 Hershey Road, Shippensburg, PA 17257
UPI / TAX PARCEL NUMBER: 39-13-0102-021 and 39-13-0102-116
Seized and taken into execution to be sold as the property of JASH, LLC in suit of JOHN G. PHARO.
Attorney for the Plaintiff:
Timothy W. Misner RONNY R ANDERSON Sheriff
Waynesboro, PA , CUMBERLAND COUNTY, Pennsylvania
(c) GountySuite Sheriff, Teleosoft, Inc.
UNITEDSTATFS Cert' at
POSTAL SERVICE ilin
This Certificate Mailing provides evidence that mail has been presented N S? ailing.
This form may be e used for domestic and international mail. 'N
From: Timothy W. Misner
39 South Broad Street d? Y P
i
Waynesboro, PA 17268-1610
To: m
Vivian Coy, Tax Collector +- 0 q ,r
200 Airport Road
Shi ensbur , PA 17257
89 l
PS Form 3817, April 2007 PSN 7530-02-000-9065
This Certificate of Mailing provides evidence that mail has been presented to or mall....
This form may be used for domestic and international mail.
From: Timothy W. Misner
39 South Broad Street G ! _
Waynesboro, PA 17268-16 g9, a
T° John G. Pharo
101 Sand Bank Road
Shippensburg, PA 17257
PS Form 3817, April 2007 PSN 7530-02-000-9065 ?- -
UNITEDST13TES Certific
POSTAL SERVICE ?
This Certificate of Mailing provides evidence that mail has been presented to U mailin
This form may be used for domestic and international mail. Q` ??
From: Timothy W. Misner 3 l?
39 South Broad Street If
Wavnesboro. PA 17268-1610 'rpS
To: Cumberland Franklin Joint 1Pa
Authority Q( 1?
725 Municipal Drive jl
Shippensburg, PA 17257 Ci
UNITEDSTATES Certific
POST/!L SERVICE
PS Form 3817, April 2007 PSN 7530-02-000-9065
LWITEDSTATES Certifica SB
POSTAL SERVICE
This Certificate of Mailing provides evidence that mail has been presented to USPS ailing.
This form may be used for domestic and international mail.
From: Timothy W. Misner ??JfF
39 South Broad Street SpS
Waynesboro, PA 17268-1610
80
R
To: PA Dept. of Revenue
Bureau of Compliance
Fourth and Walnut Streets
Harrisburg, PA 17128-0946
PS Form 3817, April 2007 PSN 7530-02-000-9065
JULINITEDSTATES Certificate Of yi
POSTAL SERVICE Mailing
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing.
This form may be used for domestic and international mail.
From: Timothy W. Misner 3
39 South Broad Street $.
Waynesboro,-PA 17268-1610 sds+
Cumberland County Tax Claim
Cumberland Count Courthouse O
One Courthouse Square
Carlisle, PA 17013-3387
r
JOHN G. PHARO In the Court of Common Pleas of
Plaintiff the 9th Judicial District, Penna.
Cumberland County
Civil Action - Law
:rn -
O r--0
No. 2010 - 1485 U)r- M
Mortgage Foreclosure BCD ar
LLC =C:)
JASH
-
;
,
c
Defendant Judge Kevin A. Hess, P. J.
.
c?a
CERTIFICATE OF SERVICE
I, TIMOTHY W. MISNER, hereby certify that on the 14th day of April, 2011, I served
the Notice of Sheriff's Sale of Real Property and a copy of the Sheriffs handbill upon the
following by United States mail, certificate of mailing being attached hereto:
Douglas C. Lovelace, Jr., Esquire
Attorney for Defendant
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
39 South Broad Street
Waynesboro, PA 17268-1610
(717) 765-8080
Attorney ID: 21424
STATES
This CaMcate of Mailing provides evidence that mail has been presented to U maim
This form may be used for domestic and international mail.
From: Timothy W. Misner C4
u??
39 South Broad Street '' an
Waynesboro. PA 17268-1610 d ??t
S
T°` Douglas C. Lovelace Jr. E36 Donegal Drive CO
A 17013 I
Carlisle, P
PS Form 3817, April 2007 PSN 7530-02-000-9065
'SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ?L
Sheriff rid r f'n
Jody S Smithi ?€ if #• ?r
Chief Deputy ` { pj
Richard W Stewart C!jM8ERLA?ij
Solicitor PENNS YLVA #jf;
John G. Pharo
vs. Case Number
Jash, LLC 2010-1485
SHERIFF'S RETURN OF SERVICE
03/15/2011 07:48 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 15 Hershey Road, Shippensburg, PA 17257, Cumberland County.
04/04/2011 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real
Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed
a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit:
Jash, LLC at 4535 Ashley Court, Ellicot City, MD 21043, The return receipt card was signed by (signature
illegible) on 3/26/11 and returned to the Cumberland County Sheriffs Office.
06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the
sum of $ 1.00 to Atty Timothy Misner, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $1,154.82
July 07, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action -Law
No. 2010 - 1485
Mortgage Foreclosure
JASH, LLC
Defendant Judge Kevin J. Hess, P. J.
AFFIDAVIT PURSUANT TO RULE 3129.1
John G. Pharo, 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 15
Hershey Road, Shippensburg, Pennsylvania in Southampton Township described in the deed
recorded in the Office of the Recorder of Deeds of Cumberland County as instrument #2008-
11860. Attached is the legal description of said real estate.
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
JASH,LLC
4535 Ashley Court
Ellicott City, MD 21043
JASH, LLC 15 Hershey Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
JASH, LLC 4535 Ashley Court
Ellicott City, MD 21043
JASH. LLC 15 Hershey Road
Shippensburg, PA 17257
w
Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
3
Name Address (if address cannot be reasonably
ascertained, please so indicate)
John G. Pharo 101 Sand Bank Road
Shippensburg, PA 17257
Name and address of the last recorded holder of every mortgage of record:
4
Name Address (if address cannot be reason-
ably ascertained, please so indicate)
John G. Pharo 101 Sand Bank Road
Shippensburg, PA 17257
Name and address of every other person who has any record lien on the property:
5
Name
Cumberland Franklin Joint
Municipal Authority (sewer)
Vivian Coy
Tax Collector
Cumberland County Tax
Claim Bureau
Address (if address cannot be reason-
ably ascertained, please so indicate)
725 Municipal Drive
Shippensburg, PA 17257
200 Airport Road
Shippensburg, PA 17257
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
6
Name Address (if address cannot be reason-
ably ascertained, please so indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Name
Address (if address cannot be reason-
ably ascertained, please so indicate)
Pennsylvania Department
of Revenue
Bureau of Compliance
Department 280946
Fourth and Walnut Streets
Harrisburg, PA 17128-0946
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to
authorities.
Date: February 24, 2011
Tim thy W. is ,Attorney for Plaintiff
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
land now or formerly of Harold D. Jacoby and at edge of right of way line of
Interstate Route No. 81; thence along right of way line of Interstate Route No. 81,
North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point; thence by the
same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence
by the same, North 30 degrees 59 minutes 36 seconds East, 399.61 feet to a point;
thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a
chord bearing of North 37 degrees 18 minutes 06 seconds East; thence continuing
North 43 degrees 36 minutes 35 seconds East, 412.29 feet to a point; thence along
land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva
R. Hershey, his wife, and through the center of Public Road, Township Route T-
316, South 34 degrees 03 minutes 25 seconds East, 1,122.91 feet to a point;
thence by the same, South 39 degrees 35 minutes 46 seconds East, 86.79 feet to a
point; thence along land now or formerly of John M. Hershey, a/k/a John M.
Hershey, Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12
seconds West, 200.12 feet to a point marked by a steel pin; thence by the same,
North 40 degrees 50 minutes 34 seconds West, 29.07 feet to a point marked by a
steel pin; thence by the same, South 46 degrees 57 minutes 21 seconds West,
292.74 feet to a point marked by a steel pin; thence by the same, South 38 degrees
37 minutes 08 seconds West, 188.07 feet to a point marked by a steel pin; thence
by land now or formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58
seconds West, 1,028.06 feet to a point, the place of beginning. Pursuant to survey
of J.H. Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated
12/17/03 and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single,
dated January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
Premises being 15 Hershey Road, Shippensburg, PA 17257
Tax parcel #39-13-0102-021 and #39-13-0102-116
JOHN G. PHARO
Plaintiff
In the Court of Common Pleas of
the 9th Judicial District, Penna.
Cumberland County
Civil Action - Law
No. 2010 - 1485
DASH, LLC
Defendant
Mortgage Foreclosure
Judge Kevin J. Hess., P. J.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JASH, LLC JASH, LLC
15 Hershey Road 4535 Ashley Court
Shippensburg, PA 17257 Ellicott City, MD 21043
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Your property at 15 Hershey Road, Shippensburg, Pennsylvania 17257 is scheduled to be
sold at a Sheriffs Sale on June 1, 2011 in the Cumberland County Courthouse, South Hanover
Street, Carlisle, Pennsylvania 17013, at 10:00 o'clock a.m. prevailing time, to enforce the court
judgment obtained against you by John G. Pharo in the amount of $1,611,055.87 plus interest
from February 26, 2010 at the rate of $218.153766 per day together with the costs of the action.
In the event the sale is continued, an announcement will be made at said sale in compliance with
Pa. R. C. P. 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be canceled if you pay to John G. Pharo the amount of the judgment,
plus interest and the court costs. To find out how much you must pay, you may call: Timothy
W. Misner (717) 765-8080.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See the notice below on 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.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling Timothy W. Misner (717) 765-8080.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call Timothy W. Misner (717) 765-8080.
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 the 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 property. A
proposed schedule of distribution of the money bid for your property will be prepared by the
Sheriff not later than 30 days after the sale. The schedule will be kept on file with the Sheriff and
will be made available for inspection in the Sheriff s office. 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 proposed schedule.
7. You may also have other rights and defenses, or ways of getting your property
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
Telephone: 1-800-990-9108
or 717-249-3166
ALL that certain tract of land situate in Southampton Township. Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point marked by an iron pipe on line of land now or formerly of
John M. Hershey, a/k/a John M. Hershey, Sr., and Elva R. Hershey, his wife, and
land now or formerly of Harold D. Jacoby and at edge of right of way line of
Interstate Route No. 81; thence along right of way line of Interstate Route No. 81,
North 23 degrees 30 minutes 32 seconds East, 61.82 feet to a point; thence by the
same, North 29 degrees 11 minutes 35 seconds East, 435.71 feet to a point; thence
by the same, North 30 degrees 59 minutes 36 seconds East, 399.61 feet to a point;
thence continuing by the same, 139.19 feet along a curve to the right to a point,
said curve having a radius of 633.40 feet, a chord length of 139.47 feet and a
chord bearing of North 37 degrees 18 minutes 06 seconds East; thence continuing
North 43 degrees 36 minutes 35 seconds East, 412.29 feet to a point; thence along
land now or formerly of John M. Hershey, a/k/a John M. Hershey, Sr., and Elva
R. Hershey, his wife, and through the center of Public Road, Township Route T-
316, South 34 degrees 03 minutes 25 seconds East, 1,122.91 feet to a point;
thence by the same, South 39 degrees 35 minutes 46 seconds East, 86.79 feet to a
point; thence along land now or formerly of John M. Hershey, a/k/a John M.
Hershey, Sr., and Elva R. Hershey, his wife, South 49 degrees 20 minutes 12
seconds West, 200.12 feet to a point marked by a steel pin; thence by the same,
North 40 degrees 50 minutes 34 seconds West, 29.07 feet to a point marked by a
steel pin; thence by the same, South 46 degrees 57 minutes 21 seconds West,
292.74 feet to a point marked by a steel pin; thence by the same, South 38 degrees
37 minutes 08 seconds West, 188.07 feet to a point marked by a steel pin; thence
by land now or formerly of Harold D. Jacoby, North 75 degrees 08 minutes 58
seconds West, 1,028.06 feet to a point, the place of beginning. Pursuant to survey
of J.H. Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom premises which John G. Pharo, by his deed dated
12/17/03 and recorded 12/18/03 in The Recorder's Office, Cumberland County,
Pennsylvania in Deed Book 260-4425 granted and conveyed unto Diesel People,
LLC.
Being the same real estate conveyed to JASH, LLC by deed of John G. Pharo, single,
dated January 8, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
Premises being 15 Hershey Road, Shippensburg, PA 17257
Tax parcel #39-13-0102-021 and #39-13-0102-116
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEAL"fH OF PENNSYLVANIA)
('OUiv FY OF CUMBERLAND)
NOIO-1485 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JOHN G. PHARO Plaintiff (s)
From DASH, LLC
(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 $1,611,055.87 L.L.$.50
Interest $78,971.66
Atty's Comm 01
/0 Due Prothy $2.00
Atty Paid $217.94 Other Costs
Plaintiff Paid
Date: 3/1/11
vid D. yBuell,rothconotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: TIMOTHY W. MISNER, ESQUIRE
Address: 39 SOUTH BROAD STREET
WAYNESBORO, PA 17268-1610
Attorney for: PLAINTIFF
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle. Pa.
This I day of W111th- , 20
Telephone: 717-765-8080
Supreme Court ID No. 21424
Prothonotary
? ahl G ?ul?i r ?r
011 March 3 1o i ? the Sheritt levied upon the
defendant's interest in the real property situated in
Southampton `township, Cumberland County, PA,
Known and numbered as, 15 Hershey Road,
Shippensburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: March :3. 0 I 1
By
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. 2010-1485 Civil
John G.Pharo
VS.
Jash, LLC
Atty.: Timothy W. Misner
ALL that certain tract of land
situate in Southampton Township,
Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point marked by
an iron pipe on line of land now or
formerly of John M. Hershey, a/k/a
John M. Hershey, Sr., and Elva R.
Hershey, his wife, and land now or
formerly of Harold D. Jacoby and at
edge of right of way line of Interstate
Route No. 81; thence along right
of way line of Interstate Route No.
81, North 23 degrees 30 minutes
32 seconds East, 61.82 feet to a
point; thence by the same, North
29 degrees 11 minutes 35 seconds
East, 435.71 feet to a point; thence
by the same, North 30 degrees 59
minutes 36 seconds East, 399.61 feet
to a point; thence continuing by the
same, 139.19 feet along a curve to the
right to a point, said curve having a
radius of 633.40 feet, a chord length
of 139.47 feet and a chord bearing of
North 37 degrees 18 minutes 06 sec-
onds East; thence continuing North
43 degrees 36 minutes 35 seconds
East, 412.29 feet to a point; thence
along land now or formerly of John
M. Hershey, a/k/a John M. Hershey,
Sr., and Elva R. Hershey, his wife,
and through the center of Public
Road, Township Route T-316, South
34 degrees 03 minutes 25 seconds
East, 1,122.91 feet to a point; thence
by the same, South 39 degrees 35
minutes 46 seconds East, 86.79 feet
to a point; thence along land now or
formerly of John M. Hershey, a/k/a
John M. Hershey, Sr., and Elva R.
Hershey, his wife, South 49 degrees
20 minutes 12 seconds West, 200.12
feet to a point marked by a steel pin;
thence by the same, North 40 degrees
50 minutes 34 seconds West, 29.07
feet to a point marked by a steel pin;
thence by the same, South 46 degrees
57 minutes 21 seconds West, 292.74
feet to a point marked by a steel pin;
thence by the same, South 38 de-
grees 37 minutes 08 seconds West,
188.07 feet to a point marked by a
steel pin; thence by land now or for-
merly of Harold D. Jacoby, North 75
degrees 08 minutes 58 seconds West,
1,028.06 feet to a point, the place of
beginning. Pursuant to survey of J. H.
Rife, R.S., dated September 29, 1969.
EXCEPTING therefrom prem-
ises which John G. Pharo, by his
deed dated 12/17/03 and recorded
12/18/03 in The Recorder's Office,
Cumberland County, Pennsylvania
in Deed Book 260-4425 granted and
conveyed unto Diesel People, LLC.
Being the same real estate con-
veyed to JASH, LLC by deed of John
G. Pharo, single, dated January 8,
2008 and recorded in the Office of
the Recorder of Deeds of Cumberland
County as instrument #2008-11860.
Premises being 15 Hershey Road,
Shippensburg, PA 17257.
Tax parcel #39-13-0102-021 and
#39-13-0102-116.
39
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 22, April 29, and May 6, 2011
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.
y
isa Marie Coyne, Ed for
SWORN TO AND SUBSCRIBED before me this
6 dgy of May, 2011
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
k, The Patriot-News Co.
s 2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
i4ePahiot News
Now you know
CARLISLE PA 17013
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 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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:
04/22/11
04/29/11
05/06/11
I'
Sworn to and s4scribed be e me this 23 day of May, 2011 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L. Kisner, Notary public
Lower Paxton TwP., Uauphln County
My Commission Expires NOV* 26, 2011
Member, Pennsylvania Association of Notaries
2010-1486 ChAll Term
John G. Pharo
Vs
Jash, LLC
Atty; Timothy W. Misner
,LL that certain tract of land
haute, in Southampton Township,
Cumberland County, Pennsylvania,
;,ound('d ami described m follows:
!sFWNNING at a point marked by an iron
),pc on line of land now or formerly of
hn M. Hershey, aWa John M. Hershey,
tir_, and Elva R. Hershey, his wife, and land
now or formerly of Harold D. Jacoby and at
;dge of right of way line of Interstate Route
tin 81; thence along right of way line of
Interstate Route No. 81, North 23 degrees
?1) minutes 3^ „y,,;onds East, 61.82 feet to a
,pint; them e by , Asame, North 29 degrees
11 minutes 35 seconds East, 435.71 feet to a
point, thence by the same, North 30 degrees
9 minutes 36 seconds East, 399.61 feet to a
;mint; thence continuing by the same, 139.19
e? along a curve to the right to a point,
,aid cut've having a radius of 633.40 feet,
73 chord length of 139.47 feet and a chord
nearing of Notch 37 degrees 18 minutes 06
,econds East; thence continuing North 43
degrees 36 minutes 35 seconds East, 412.29
feet to a point; thence along land now or
formerly of John M. Hershey, Ala John
N,I. Hershey, Sr., and Elva R. Hershey, his
wife, and through the center of public Road,
Ibwmship Route T-316, South 34 degrees 03
ninutes 25 seconds Eavt. 1117 91 feet 1" a
point; thence by the same, South 39 degrees
5 minutes 46 seconds East, 86.79 feet to a
point; thence along land now or formerly of
t,,hn A Hershey, alk/a John M. Hershey,
Sr_ and Elva R. Hershey, his wife, South
3 degrees 20 minutes 12 seconds West,
?OO.f2 feet to a point marked by a steel
pin; thence by the same, North 40 degrees
'S0 minutes 34 seconds West, 29.07 feet to
point marked by a steel pin; thence by
ihe. same. South 46 degrees 57 minutes 21
,cwnds West, 292.74 feet to a point marked
a steel pin: thence by the same, South
3t1 degrees 37 minutes 08 seconds West,
x.07 feet to a point marked by a steel pin;
rnence by land now or formerly of Harold
E i. Jacoby, North 75 degrees 08 minutes 58
:?crnds West, 1,U28.06 feet to a point, the
lace of beginning. Pursuant to survey969 of
f {. Rife, R.S., dated September 29,
EXCEPTING thercirom premises which
John G. Pharo, by his deed dated 12117/03
Arid recorded 12118103 in The Recorders
office, Cumberland County, Pennsylvania
?n Deed {look 260-4425 granted and
,:nnveyed unto Diesel People, LLC.
(king the same real estate conveyed to JASH,
LC by deed of john a Pharo. single, dated
January 8, 2008 and recorded in the Office
of the Recorder of Deeds of Cumberland
Ci,unty as instrument #2008-11860.
Premises being 15 PA Hershey
Road, Shippensburg, 17257
lax. parcel #39-13-0102-021 and #39-13-
t? U2-116
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which John P. Pharo is the grantee the same having been sold to said grantee on
the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 1 day of March,
A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 1485,
at the suit of John G. Pharo against Jash, LLC is duly recorded as Instrument Number 201119112.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this _ day of
?i
l?e?order of Deeds
ecorder+ s, Cumberland Courtly Carfsle, PA
qty Ganmi„sion Expires the First Monday of Jan. 2014