HomeMy WebLinkAbout10-4813~.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO.OF CHAMBERSBURG,
No.: 10 - 4gt3 ~ivLl leXrn
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVI H~~~~OR A DEFAULT JUDGMENT
MAY BE AGAINS OU\'~yOU.
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINT[FF IS:
P.o. soX 6mo
Chambersburg, PA 17201
AND THE DEFENDANT(S):
912 W. North Street
Carlisle, P 17
ATTO R PLAIN
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
219 Chest t~Street, Mt. Holly Springs, PA 17065
ATTO LA
TYPE OF PLEADING
CIVIL ACTION -COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers and Merchants Trust Co. of Chambersburg,
Plaintiff.
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
.SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVFN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIlZTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
CO.OF CHAMBERSBURG,
vs.
Plaintiff,
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO DEFEND
CIVIL DIVISION
You have been sued in court. If you wish to defend against the claim 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 claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.:
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes Para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
CO.OF CHAMBERSBURG,
vs.
Plaintiff,
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Co. of Chambersburg, by its attorneys,
James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is Farmers and Merchants Trust Co. of Chambersburg, which has its
principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201.
2. The Defendant, June A. Tate, is an adult individual whose last known address is
912 W. North Street, Carlisle, Pennsylvania 17013.
3. The Defendant, Charles E. Tate, is deceased.
4. On or about March 11, 2005, Defendant, Charles E. Tate, executed a Note in
favor of Plaintiff in the original principal amount of $42,314.75. A true and correct copy of said
Note is marked Exhibit "A", attached hereto and made a part hereof.
5. On or about March 11, 2005, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
CIVIL DIVISION
of $42,314.75 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on March 16, 2005, in Mortgage Book
Volume 1900, Page 897. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part
hereof.
6. Defendants are the record and real owners of the aforesaid mortgaged premises.
Upon the death of Defendant, Charles E. Tate, all his right, title and interest in the aforesaid
Mortgaged Premises vested in his wife, Defendant, June A. Tate, by operation of law.
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
8. On or about May 19, 2010, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. §lOl, et seq.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 26,063.62
Interest through 7/19/2010 $ 583.92
Late Charges $ 768.96
Act Notice Fee $ 50.00
Attorney's Fees $ 1,300.00
Title Costs $ 410.00
TOTAL $ 29,176.50
plus interest on the principal sum ($26,063.62) from July 19, 2010, at the rate of $4.63432 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $29,176.50, with interest thereon at the rate of $4.63432 per diem. from July 19, 2010 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES,
Dated: Z ~~
BY:
Scott A. ietteri
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D. # 89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
& CONNELLY LLP
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
BOrfOw@r:. - l2isrles E. Tab ISSN: 204.28-88631.. LBnd9ft Fartnara and Merchants Trust Co. of Chamtibnbury
812 Wert North SVee# RitnerFlbhway :_
Garble, PA 17013 _ 20 South Main Street
P.O: Box 8010.
Chambersburg; PA 17201
(717- 284-8116
Principal Amount: S42,314;75 Interest Rate: 6.490% Date of-Note: March 11,2005
Maturity Date: March 20, 2015
PROMISE TO PAY. I i"Borrower") promhe b pay b Famtsrs and Merohants Trust Co. of Chambarabury'i'Lender"1. or order; In lawful money.
of the Unksd States of Ameria, tM prbretpd amount of Fortyiwo Thousand Three Hundred Fourteen & 76/100 Dopare (t142,314.76j, bgstlter
with brtsrort rt the rats of 8.480% par amrum on the urtpak prkncipal bslanu from March 18, 2006, until pall fn full. The inbreet rob on. this
Note w®I increase under the folbwktp tkeumwnces: rtappbg the automatic draft from an F8M `account and/or terminrtbn of Freedom
amount. Ths Inbrsrt rats an this Nob w>r Intxeasa as follows: by 0.26% for brr[rirtatlrtp the Fraadorttaccouiit orby, 0.b0% for stoppkq the
automatic draft. Urdess waived by Lander, any inaww ti the brbrsst rob wlq tncroase tM amamt bf my"fktal peymerit.
:.
PAYMENT. I vrl@ pay tlth boa ti .120 paymHtb of X480.78 each paynreM. My first payment h dw AprY 20, 2006; and d suWaqusM
peymsnb an due on the cams _day of each month after that. My final payment wd ba dw on March 20; 2015, and will ba for s1 prhtcipal and
sp accrued bbrest not yet paW. P.ymsnb bwktda principal and Merest. Unkus othervrha agreed or roquked by applleabM hw, paymsms wlq
bs appged first to any accrtrd uapaW Merest; ifan b principal; tMn b any urprakf colleetbn costa; and then b
ehls Nob Is computed on • 386/386 almph bttsrest bash; that h, b _ arty lab oharees. krtersrt on
year, muklpgsd by the outsbndbtg principal bdaaee, multlpthd by the ctrtt4 tuanMr o~daya tM prktcipal balance h outsb~N bf days In a
dbg. I wH pay
Lsndar rt Lsndsr's address shown above or at such ofMr glees as Lander may dasignab In writlng.
PREFERRED RATE REDUCTION. The inbrest rate on this -Note includes a preferred rate rstfuction: Fotlowjng is a description of the evartt that
would cause the preferred rate reduction to terminate and how the new rate will be determined upon termination cf the preferred rate reduction.
Description of Evart That Would Cauca ilia Pnferrod Rab Raductbn b Terminate.
stoppirq the automatic draft from an F6M amount and/or termination of Freedom amount. '
How The New Rata Vtli Be DebrmYted Upon Tsrndnatbn of the Prefemd Reduction.
by 0.25% for terminating the.Freedom account or by 0.50% for stopping the automatic draft.
PREPAYMENT. I agree that all loan tees and other prepaid finance charges are earned fully es of the date of the loan and will not be refunded to
me upon early payment (whether voluntary or as a resuk of defaukj, except as otherwise required by law. Except for the foregoing, 1 may pay
without penalty all or a portion of Ute amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
me of my obligation to contktus to make payments under Lhe payment schedule. Rather, early payments will reduce the principal balance due
and may reauk in my making fewer paymertta. 1 agree not to send bander payments marked 'paid in :tulle, 'without recourse', or similar
language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will romain obggated to
.pay any further amount owed to Lender. All written communications conceming disputed amounts, including any check or other payment
instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered wkh other condkiorm or
limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers end Mercharma Trust Company of Chamberaburg,.
P. 0. Box 6010 Chamberaburg, PA 17201-8010.
LATE CHARGE. if a payment is 16 days o(more late, I will be charged 6.000% of Ste regularly schaduhd payrtrent.
INTEREST AFTER DEFAULT. Upon defauk, irv:luding failure to pay upon final maturity, tho tool sum due under this Note wtll bear imerest from
the date of acceleration or maturity et the inbrort rrte on this Notts. The interest rate will not exceed the maximum rate permitted by appliicabh
law. If judgment is entered in connection wkh this Note, interest will continue to accrue on this Note after judgment at the existing krtersrt rate
provided for in this Note.
DEFAULT. I will be in defauk under this Note if any of the following happen:
PaymsnYDstauk. 1 fail to make any payment when due under this Note.
Break Other PromWs. I break any promise made to Lender or fail to perform promptly rt the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement err ben I have wkh Lender.
Faber Stabmenb. Any representation or statement -made or furnished to Letxtor by me or on my behalf under this Note of tt» related
documents is fake or mishading in any material respect, eiUur now or at the time made or famished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appohtted for any pert of my property; I make an assignment
for the benefk of creditors; or arty proceeding is commenced ekher by me or against me under any bankruptcy or insolvency laws.
Takhy of the Property. Any eredkor or governmental agency tries to take any of the proparty.or any other of my property in which lender
has a lien. This includes taking of, gamhhing of or levying on my accounts wkh Lender. However, it 1 dispute In good faith whether the
claim on which the taking of the property h based is valid pr reasonable, and if I give Lender written notice of the clam and famish Lander
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this defauk provision will not apply.
Defectttre CoMabrsgzadon. This Note w wty of the related documerKS ceases to be in full force and effect (including fsilura of any collabrel
document to create a valid end perfected eeeur'rty imereat or lieny et any time and for arty reason.
Collatarsl Damage or Loss. ,Any colateral aeeuring.thls Note is lost, stolen, subrtentiaily damaged or destroyed and the loss, theft,
substantial damage or destruction h not covered by Insurance.
Events ANectlng Gwrontor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. in the evert of a death, Lander, at its
option, may, but shell not ba required to, permit the guaramor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Detauk.
Inwcurhy. Lender in good fahh believes itself insecure.
LENDER'S RIGHTS. Upon defeuh, Lender may, after giving such notjcea as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, and then 1 will pay that amount. .
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. 1 will pay Lender that amount.
This includea,.subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal azpenaea, whether or not there is a lawsuit,
including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacab any automatic stay or injunctionl, and
appeals. If not prohibited by applicable law, I dso will pay arty court costa, in addition to all other sums.providsd by law.
GOVERNING LAW. Thh Notts wW be governed by bderal law appRcabls b Lender and, b the extent notprMmpted by federal law, 1M laws of
the Commonweahh of Pennsylvania whhout regard to its eontpcta of law provlslona. Thh Nob has been aeeepbd by Lender In the
Commonweahh of Psnnayhrenia.
RIGHT OF SETOFF.. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender Iwfnther
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and ell acmurrb 1 may open in the future.
However, this does not include any IRA or Keogh amounts, or any trust accourtta for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable lave, to charge or setoff ell sums owing on the indebtedness against arty end all such accourm.
COLLATERAL. l acknowledge this Note is secured by the following collateral described in the aeCUrhy instrument fisted herein: a Mortgage
dated March 11, 2005, to Lander on real property located in Cumberland County, Commonwealth of Pennaylvanie.
PROPERTY INSURANCE. I understand that 1 am required to obtain inauronce for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are
hereby incorporated and made a part of this Noie.
PROMISSORY NOTE
PROMISSORY NOTE
_ (Continued. _ . Page 2
SUCCESSOR INTERESTS. The terms of this Note::ahali be binding upon me, grid ,upon my helm, personal TepreseMativea, succeseoro and
assigns; and sheltinure to the benefit of Lerderand hs.succesaora and assigns.
GENERAL PROVISIONS:. Lender may delayer forgo enforcing any of its rights or remedies order this Note without losirp them. 1 and any other
person who signs, guarantees or endoroea this Note, to the extent apowed by Saw, waive presentment, demand for payment, and notice of
dishonoi. Upon any change in the terms of thb Note, and unless otherwise oxpressly stated in writing, no party who signs Shia Nate, whether
as maker, gusroMOr, accommodation maker or endoroer, shall ba released from liability. All such parties agree that Lender may renew or extend
(repeatedly and for arty length of timej'thia loan orieiaese pny party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's
security interest in the collsterel. Ap such parties eho agree that Lender may modify this loan without the conaeM of or notice to anyone other
than the party with whom the modifloetbn ia.made. The obligations under this Note are joint and several. This means that the words °I°,
"me', and °my° mean each and all of the persons signlnp below..
PRK)R TO SK3NING THIS-NOTE, 1 READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREETO THETERMS OF THE NOTE.
I ACKNOWLEDGE RECEByT' OF A COMPLETED COPY OF THIS PROMIS50RY NOTE.
THIS NOTE I$ GIVEN UNOER SEAL AND R IS 1NTETIDEO THAT THIS NOTE IS AND SHALL CONSTffUTE AND HAVE THE EFFECT OF A
..:SEALED INSTRUMENT ACCORDING TO LAW: _ . .
BORROWER:
.:. ~ ,
::
rlas ate
LENDER:
FARMERS D MERC TS TRUST CO. OE CHAMBERSBURO ,
X
A d Oflkar
M°OI IIIG 10. W. 0.4rCOM C,°r. ibb~ Iln"W Y4Y°,, K INr, fpm. M IIINs Il~vtl. - M tACMIRIOAR T4"III MII!
EXHIBIT "B"
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R~i~RT n rl~Gt~f~
Parcel Identificafion } ~ ; ~ r , ; c - , ,
Number: t:.,
~~~~~ i6 ft~t li'1?
26u~ ~iEifl
.RECORDATION .. - '~
REO:UESTED $Y: ~\
:..Farmers era! MercharRs
Trust Co. of Chambersbure
Ritnsr Highway -
- 20 South Main Street . .
P.O. Boz.6010 _
Chamberoburp, PA 17201
'WHEN'RECORDED MAIL
TO: _
parrgps red hhsrohents
Trust Co: of Chsmbersburg
Raner.:Hfghwar ,.
20 South IIAa6r Street
P.O: Box 8010
Chambsrsburg; PA 17201
SEND TAX NOTICES TO:: ,'
Char4s E. Tab _
Jurre A. Tate
..,812 West NortlrStrost
_ c.rllel.. PA 17013 FOR RECORDER'S lsrt natr v
MORTGAGE ' ` `
Amount Secured Hereby: 542;314.75
'THIS MORTGAGE dated March 11, 2005, is fnade end executed bstween.Charles'E: Tats and
June A. Tate, -whose sddress is 912 West .North Street, CaHtsle, PA 17013 (referred to bebw
as "Qrentor' 1 and , Fa-trlers and : Marchantt+: Trust Co. of . Chambersburg, `whose atidrese is 20
South Main Street, P.O. Box 6010, Chambersburg PA' 77201.(refsrred to below-as "Lender").
GRANT OF NORTGAOE: For valuaMa .consWentbn, Orsntor grants: bargains; seNs; conveysi sssigna; transfers,
releases: confirms and morfgapes to Lender all of Granrtor's: right; title; and irrtarast in end-to the following .described
real property; together whh:ell-extstirtp or subsequently erected or affbce{i.bufldinps;,irnpiovamsnts and fixtures; all
streets, lanes, ageys; passapei: aril ways;. aH : easemsrrcs; rights: of WaY:. 811 liberties: fxNilepas, ;ysnemenb,
hereditameMS, and appurtenances'thereunto helor~ing or arrywiss made appurtenant heroaftst, snd the revcr'ons end
remainders whh rospect thereto; all water, water rights; watercourses: and dKch.rights:finciuding.atock in utilities with
ditch or irrigation rights; and alt other riphte,. royalties; antl profits relat~p to the roal roperty; . including without
limitation all minerab, oil, gas, geothermal end similar matters; (the "R881 PfOperty") located in Cumberland
.County,: Commonwealth of Pennsylvania:
See Exhibit A,. which .is attached to this Mortgage and matte a part of this Mortgage as ff
.fully set forth herein. _.
The Real -Propperrttyy or its' address is commonly known as 219 Chesinut Street, Mt. Holly
'Springs, PA 171965.
Granter preaerrtly eseigns to Lender all of Gramor's right, tKb, and imerest in end to -all present and future lessee of the
:Properly acrd all Rears.from the Property. In additlon, GrantoY grants to Lender a Uniform Commeroial .Code security
interest in the Personal Property End Rents:
TMIS MORTGAGE, INCLUDING .THE ASSIGNEIIENT OF RENTS AND THE"SECURITY INTEREST'IN THE RENTS AND
-PERSONAL PROPERTY,.IS GIVEN TO SECURE IAI PAYMENT OF THE WDEBT~NESS AND ' fBl PERFORMANCE OF
'ANY AND. ALL OBLIGATIONS UNDER.THE NOTE :IN THE ORIGINAL PRMICIPAL AMOUNT OF:042,314.75, THE
RELATED DOCUMENTS, AND THIS MORTGAGE.- .THIS MORTGAGE IS OIV90 AND ACCEPTED ON THE FOLLOWMIG
TERMS:.. - . .. _. ; . _ ,
GRANTOR'S WAIVERS: Grantor waives ail rights or defenses arising by reason of arty .'one action' or ."anti-deficiency'
law, or any. other law which may prevem . Lerrdsr from . bringing driy Action against Grempr, including a claim for
:deficiency to the extent Lender b otherwise entitled to .a claim for deficiency, before or after Lender's commencement
or completion of any forecbaure action, either judicially ar by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES.... Grantor warrertts that: (a) this Mortgage is executed at
Borrower's request and not at tfie,request of Lender; . Ib) Grantor hea the lull power, right: ant authorhy to enter into
this Mortgage end to hypothecate the Property; (cl the'provisiona of this Mortgage da not conflict with, or result in e
default under. any spraemeM or othei inatrumsM binding. upon Grsmor and do not resole fn a violation of my law,
repulatron, court aecree or order_appiicebie to Grantor,- (dl Gran'„^,r h:a estrWisheo atlrquata' means of obtaining from.
Borrower on a Cominuing basis:.information about Borrower's financial contNtion; end (aj Lender has made rw
representation to Gramor about Borrower (including without Iimitatiorj the creditworthiness of Borrower):
-, PAYMENT AND'PERFORMANCE. Except as otherwise'provided in .this Mortgage, Borrowarshail pay to Lender all
Indebtedness secured by this Mortgage as k becomes 'due;:and Borrower end Grantor .shall strictly perform all
Borrower's and Grantor's obligatbns under this Mortgage. , .
POSSESSION AND:MAINTENANCE DFTHE PROPERTY. Borrower and Grantor agree that 8orrowar'a and Grantor's
possession and use of the Property shall be governed by the folbwing previsions: :
Ponsasion and Uss.. Until the' occurrence of sn Evem of DefauR; Grantor may (1 F remain in possession and
control of the Property; (2) use, operate or menage the Property; and (31 collect the Rants from the Property.
DutytoMaintain..GrantorshaB:maintain theProperty;in goodconditioriandpromptlyperform ell repairs,
-replacements, and maintenance necessary to preserve its ~velue.
Complienu WithF.nvkonmenWl taws. Orentor represents and warrants to Landerthati:.(1- .Dunlap the period of
Grantor's ownership of the Property, there Mee been no use, generation, manufacture, storage, trastrnemf disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
~K 19~r,;-~~~~7
MORTGAGE
.(Continued)- Page 2
F2- Granmr has no knowbdge ot,.or reaaon.m betiew that there has been, except as previously discbaed to end
acknowbdged by Lender. in wrliirtg, : la- sny breach .or violation of any Environmental-':Laws; : {bi any use,
generation, manufacture, storage, troatment, disposal, rebese or threanned rebasa of any Hazardous Substsnce
on, under, about or from ffis Property by any prior owners or occupsnts of the Property;"or Icl arty actual or
throaterred lltigetion or claims of any kind by any person relating m such matters; and :. (3) Except es previously
discbssd m and acknowledged by Lender in writing, la- neither Grantor nor any nnant; contrecmr, agent or other
authorized user of the Property shall use, generate, manufacture, score, treat, dispose of or release any Hazardous
Substance on, urxler, about or from the Property; and (b- arty such activity ahaN be conducted'in c'omplience with
-ell appl'x:sbb tedsre{, state, end Beal laws;. repulatfons and ordinencea; including whhout limitation all
Envirorrrrsntal Laws. Granmr authorizes Lander and its agents m enter upon .the Property m make such
inspections and tests; at Grenmr's expense, as Lender may deem.approprian to'determine compliance of the
..Property with this section of the Mortgage. Arty Inspections or .teen msds.by Lander shall lte for Lender's
purposes only and shall not be construed m create arty [saponsibil(ty or IiabNity on the pelt of. Lender to GraMOr or
to arry.ottrer person. The representations and warranties corrteined herein are based on GrLntor•s due diligence in .
irnsdtlgating the Property for Hazardous Subatenaea. Grantor heretiy 11- relaaees'and waives any.,futura, claims
against Lsndar for indemnity or contribution in the owM Grantor becomes lisbb for cleanup tlr other -costa under
any such laws; and (2) agrees m indemnify and hold harmless Lander against arty and. ell clalma; losaea; i'urbitities,
damegsa, penalties; and expenses which Lender may directly or indhactty susnin or sufferresuhing from a breach
of this ssctlon of the 'Mortgage or as a .conaaquence of any use, generation, .manufacture, smrage, disposal,
rebess or threatened rebe» occurcing prior m Granmr's ownership or interest in the Property, whether or not the
.acme was or shoukt have been known to GraMOf. The ptovisioro of thin section of the Mottgege, including the
obligation to indemnify, ahsll survive the paynront of the Indebtedness and the satisfaction and-reconveyance of
. the Ibn of this Mortgage arW shall not ba effected by Lender's acquiaitlon of arty interest in the Property, whether
by forecbsurebr otherwise.. '
Nubuice, Wass, Grenmr shall .not oauee; conduct or permit .any nuisance nor commk, permh, or suffer any
...stripping of or waste on or to the Property or arty portion .af the. Property. Without limiting. the generaity of the
foregoing, Grantor will not remove,.or grant marry other partytha right to remove, arty timber, minerals (including
oil and gas1, coal, clay, scoria, soil, growl or rock products without Lender's prior written consent.
Removal of 6nprovemerrb.. Grartmr shall not demolbh or remove any Improwmerrts horn the Real Property
:.without .Lender's .prior written conaeM.. As a oonditbn to the remowi of arty Improvements, Lender may require
GreMOr. m make arrengemertta setiafsctory m Lander to replace such ImprovemeMa with ImprovemeMa of. at least
equal value.'
Lsnrfar'e light to Firter; Lender and Lender's agents end representatives may enter upon the Real Property at all
isasonebb times to attend to Lender's interests and m' inspect the Real Property for purposes . of GrantoPs
complsnce wkh the terms arrA-conditions of tfiis`Mortgagei '
Corrrp~arwr'wMh Goveramernal pequkenrents: .Grantor ehsN.promptty compy whh 81f bore; ordinances, and
rogulationa,'now or:hereafter in effect; of .all govarnmerrtel authorities applicable m the use or occupancy of the
Property.. Grenmr ntay wrttest io good faith any such law; ordinance, or regulation and withhold complisnce
during any proceeding,, kloluding appropriate appeab, so long as Grantor has rwtlfied Lerxlarin writing prior to
doing atl and so long -ae,, in Lender's sole opinipn, Lender's i[rtsraste 3n the Property. ere, not reopardizad. Lender,
may require Grantor to post adequen aetlurhy pr a surety bond, reesona
` Lender's innreat bly setiafactory t0 Lander, to protect
Duty to ProUOt. Grantor agrees neither to abandon or leave unattended the Property. ,Grantor shall do ail other
acts, in sddkion m those acts sM forth above in this section, which from the character and use of the Property are
reasonably necessary m protect and preserve the Property.
DUE.ON SALE -CONSENT BY LENDER.- Lender may, et Lender's option; declare immediately due and payable all sums
`secured by this Mo'rtgegs upon the salvor trarrafer; without Lender's prior written consent, of sil or any part of the Reai
Property, or any Innreat in the Real Property. A "sale or transfer" means the comreysnce of Real Property or.any right .
title or irrterest in ttre Rael Property; whether legal; beneficial br aqultabb; whether voluMary.or imoluMary; whether by
outright saN; deed;;installmsM. aab contract; land dorrtract; eoimacrmr deed, basehold ktterest with a nrm greater
. than three 131 years; lease-option contract, or by`sale; asalpnment, of tranbfer of any beneficial intareat in or to-any land
.-trust holding tklsao the Rsel Property, or by.any other method of conveyance-of en interest in.tha Raa1 Property.
However, this option hltaN hot bs exercisedby`Lerder if suoh:exorcise: ia. prohbited by fetteral lave or by Pennsylvania
'law.
TAXEt3 ANO LIE7dS. The folowing provisions relating m the axes and liana on the Property are part of this Mortgage:.
' Payment Granmr shall pay when due (and in all everrls prior to delinquency) all axes, payroll taxes; special texea,
'assessments, water charges and sewer service ehnrges fevied agalrnt or on account of the Property, and shall pay
when due alt cbima.for work done on or for services rendered or material furnished to the Property. Grantor shell
maintain the Property free of arty liehs haying priorhy over or equal m the interest of Lender under this Mortgage,
. except for those lima apecifk:ally agreed m in writing by Lender, end except for the lien of texas end assessmenn
rrM dueos further specified in ths~Right to t:ontest.patagraph-. -
RIpIK to CorKest. Grantor may .withhold payment of any tex;.assessment, or.claim in connection with s good faith
dispute over the obligation to pay, so"long as Lender's innerest In the Property is not jeopsrdized. If a lien arises or
is fibd as a .rosuft of nonpsymsnf; GraMOr shsN `within fHfesn (15) days efnr the Ifen larrees or, ff:e .lien is filed,
within fifteen .(f;5l,days after GrerKOr has natice.of the_tilirrQ, secury the discharge of tlis lbn tlr:it..requeated.by
Lender; depositwim Lender cash or a suffiobM corpcrete surety bond or other aecurify satlsfecmryto`Lender in an
amount sufficient m dscharge ttte lien plus any coats end attorneys'. fees, or other charges that court accrue as e
resuk of a forecbaure or sob under the Ran: In any contest, 6rsMOr shall defend itaslf and Lender°erxl shall
satisfy arty adverse Judgment before eMorcement against the Property. Granmr shall name Lender as an additional
abligas under anyaurety bond furnbhed in the corrteat proceedirrga...-
Evidanoe of Paynwnt. Grantor shall upon demand famish to lender satisfactory evidence of payment of the taxes
or assessmerrta end shall authorize the approprian govemmentel official to deliver to Lender at any time a written
atetetneM of the taxes end assesemann agairrot the Property.
Notlce of Consbuetlon:. Grantor shell notify Lender atleastfifteen (15) days 6etore any work is commenced, arty
services are furnished, or any materials are supplied m the Property,.if any mechanic's ien, materielmen'a lien, or
.:.otter lien.could be asserted on~accouM of the work; services,-or materiels. GreMOr will upon request of Lender
furnish to Lender advance assurences satisfacory to Lender hat Granmr can. and will pay the cost of such
improvements:
PROPERTY DAMAGE MSURANCE The following provisions relating to insuring-.the Property ale a part of this
Mortgage;
MORTGAGE
(Continued) Psge 3
: MaiMenenee of ansrtrance. Grantor shall procure and;rnaiMain policies of fire insurahotr vVhh sffinderd ektanded
coverage endo~asmema on a repleeemerit basis for the full'Irataabk value covering eB knproveinams~ an the Real
''Property in an amount suffblent'to avoid application of terry coinsurertce cleuee; sail whh a standard mortgagee
clause in favor of Lsrider: PoGciss shell bs written by such insurance companks and in such form as -may be
reasonably .acceptable ;to Lander.. Granmr shell deliver m Lender csrtifwatsa .of. coverage from each insurer
conffiining a stipulation that coverage will not be canceged or diminished without, minimum of ten (t0) days' prior
: Wrhten notice-to Lender end not corrtaining any disc4rimer of the ktsurer's liabilhy for :failure .to give such rwtice.
Each ineuranee policy'-also .shall include an endorsamenY providing that coverage in favor of lender-will 'not be
impaired in any way by any act, omission or default of Grantor or any other person.. $houkt the Real Property be
located in en eroa designated by the Director of the Federal Emergency Management Agency se a spacial flood
"hazard area, Grantor agrees to obtain and maintain Fsderel Food Insurance, R available, within 45 days attar notice
is given by Lender that the Property is boated in a special flood hazard area, for the futl unpaid prfricipal .balance of
-the. ban and-any prior aims on the:property securing the ban, up.to the maximum policy:limits set under She
_, - National-Flood Insurance Program; or as otlterwige regolred by Lender, end tomairrtain auch,ineurance for'the +srm
ofi the loan.
#pptlcatlon of Proeeetls. Granmr shah promptly notify Lentler of arty lose ordamege ro the Property. Lender may
make:proof of bas 'rf Grantor fags m.do so within.fiffsen (151 days of the casualty. WheUter or.rwt.Lender'a
geeurity is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
-the proceeds m the reduction of tM lndebtedness,.paymsntof arty Ilan affecting the. Property, nr the restoration
and repair of the, Property. It Lender elects m apply the proceeds m.rsstoration end repair, Granmr shell repair or
replace .the- damaged .ordestroyed Improwmenffi : in: a "manner satisfactory m {ender. :Lender shag, upon
satisfactory :proof of such ezperdhurs, pay ,or reimburse :Grantor :from the-proceeds for. the. reasonebb cost of
repair or .resmretion ff Grantor is not in defduh under this Mortgage.: Anyproceads which:haw not been disbursed
within 1 SO days afffir.their rscelpt and which Lender has not committed m tfie repair or restoration of the Property
shall be used first m pay any amount owing to Lander under this Mortgage, then m pay accrued interest, and the
YemsirWer, if sny;'shall bs applied m the principal bel6lics of the Iridebtedness: If Lender-holds any proceeds after
payment in full of the Indebtedness, such proceeds shall bi paid to GraMOr as.Greritor's IMeraeffi msyappear.
. LENDER'S EXPENDRURES. If Grantor fails (Aj to keep the .Property free of aN ffixes, Ilene, security interests,
encumbrances, end other claims, IBI m provide :any required krsutsnce'an the Property, or (t:Y' to make repaks to the
Property then Lender may do so. If shy action or 'proceeding is commertcsd that woultl materially affect Lender's
intereaffi in th8 Property, then Leridsr on Grantor's behalf may, tint is not.tequired:m, take any,action tltat Lender
believes to be appropriaffi'to proffict Lender's irrtareets. All expenses incurred or paid by lender for such purposes will
then bear interest at tfre rata charged underthe Note from.tfte dam' incurred or,pafd by Lender m the date of repayment
by Grentor. All such expenses will become a part of the"Indebtedness and,'at Lender's option,:wig (AI be payable on
demAnd; (91 be added to the balance of the Note and be :apportioned among and be payebM with any irratallment
payments .m become due during-either (1) the term of any applicable insurance.pdby; or .121 the remaining farm of
the Note; or ICI be treated as a balkwn paymeM:which will he due and payable at tM Note's maturity. The Mortgage
also wig secure payment of tMse amounts: The righffi p[ovided for in this paragraph ahdl be in addhion marry other
righffi or erry (amedies m which Lender maybe entitbd on account of any ,defauh. -Any ouch action by Lender shell rot
: be consGued as, curirt$. the dafauk ao as mbar ierWer from any remedy tfiet tt.otherwiss'would have had.:Grantor's
nbUgstion :o tt+rriee for; ail such e,apsr:ies sh¢II survive.tF.e 9n'!ry a( any r..ortga~e ic.,~lr»Wtl 1:+ddrt-.nt: ,.-
WARRANTYf DEFENSE OF TITLE. The following provrsions:relating m.owner~hip bf the Propsrry are a-'part of this
Mortgage: _
TWs: Granmr warrants that: la) Granmr holds good and' markeffible title of record to the Property in fee aimpb,
free and clear of all liens end encumbrances other than those set forth in the' Reel Propsrtydescription or in any.
title inauranee poky, .tide report, or final this opinion issued in favor of; and' accepted by; Lander in connection
-whh this Mortgage, and (bl Granmr has the full right,,power, and authority to execute and deliver this Mortgage m
Lander..:
wfsnae'of Title::Subject to the exception in tfie paragraph chow; Grantor warrarts and will forever defend the
thltr to the Property apeinat the lawful claims of all persons: In -the event any action or proceeding is commenced
that questions.Gramor's tide ar the IrKerest of Lender and®r this Mortgage,-GraMm sheN defend the action at
Grsnmr's -expense. .Grantor :may be the nominal .party in such :proceeding; but Lender ,hell'. be entitled m
participate in the proceeding. and to be represented in the proceeding by counsel of Lender's own chobe, and
Granmr will deliver, or cease to bs delivered, m Lender such instromenffi as Lender meyrequest-from time m time
m,permit such partlcipetion:
Compliance VYNh Laws. Grantor warranffi that the Property and Gramor's use of the Property complies with ell
existing eppgcablelews, ordinencse, and regulations of goverrimantal authorities.
Survival of.Prorrifsss.. All.promises, egreernents, and stetemenffi Gramm has made in thi! Mortgage shall-survive
tfte execution end delivery of this.Mortgege, shall bs continuing in nature end shall remain in full force end effect
until such time.as aaorrower's Indebtedness ie paid in full. _. ' : - -
'CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgegei
Proceedings... if any proceed(ng in condemnation is filed, Grarttor shall promptly notify Lender in .writing, end
Granmr shall promptly ffike such steps as-may be neceasaty'to defenA:the action end obtain the award.: Granmr
may be the nominal party in such proceeding, but Lender shell be enthled to participate in the proceed'mg and m be
represented in..tha procuadhg tiy.counssl of iffi"oven bh~icet e:rd Gtnnfm-vela deliver or cause rose' delivered to
Lender. ouch instrumerrffi and documentation as maybe requested by -Lender from time m time to permit such
partlcipetbn: '
Appllcatlon of NetProeeads. If ail or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase 1n Ifeu of condemnation, Lender-may at its election require that all or-any portbn of the
net proceeds of the award be applied so the Indabtedneas.or the repair or restoration of the Property.. The net
-proceeds of tfie award sha8 :mean the award efffir. payment of all actual costs, expenses, end ,etmmeys' fees
- incurrod by Lender in cormectlon wiUi the corxlsmnation. -
IMPOSITION OF TAXES; FEES AND t~fARGES BY`GOVERNMENTAL AUTHORRIE$. The following provisions relating
to govemmentel taxes, fees and charges ere a patrol this Mortgage: "
Current texas, Fees and Charges: Upon "request by Lender, Grantor ~ahatl ezecuffi such documenffi in addition m
this.Mortgaga and take wheffiwr other action is requested by Lender m perfect and continue Lender's ilea on the
Reel Property. Grantor shall reimburse Lertdar for all taxes, as described bebw, aogether with all expenses
incurred in recording, perfecting: or continuing this. Mortgage, includirq without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The folowing shell constituffi texas to which this section applies:. (T- a specific ffix upon this type of
~~ ~ 7i~E.~I;Ji"17~
MORTGAGE
`(Conti(nued) - Page a
Mortgage or upon all or any part of the . Indebtedness secured by.thia Mortgage; (2) a.; speck tax. on Borrower
which:Borrowsr is authorized ar required to.deduet from peymerrta on;the.lndsbtadness:secured by this .type of
Mortgage; {3) s tax on this type.of Mortgage chargeable pgainat the Lender.or the holdercf the Notei and (4) a
specific tax on all or erry portion of the Indebtedness or on paymems.of principal and interest made by Borcower.
subsequent Tuns. If any tax to which this section applies ie enbcted subsequent to the Eate of this Mortgage,
this evem shall have the soma effect es en Evem of DefauR, and Lsndst may exercise erry or alLof Fts-availabte
remedies for an Event of Dsfauft as provided below unksa GfaMOr.either (1) pays the'tax before it becomes
delinquent; or (2) cnnteateths tax as provided above in-the. Taxes and Liens section and deposits wkh Lender
cash or a sufficient corporate surety bond or other security astiafectory to Lender:
SECURRY AQREEMENT; RNANCWO STATEMENTli. The following prov(siona'releting to this'Mortgege es a security
ag-eamentare a part of thia,Mortgage: ,.
Sacurky. Agrasrrtant. Shia instrument shop constkute a Securky Agretrmant to the extent arty of 'the Property
constifytes fuitures; and Lender shell .have all ef-the'righta of:a secured party uiWer the.l)nifocm.~Comrnercial:Code
as amended from time to time. '
Sacuilly kttsnat. Upon request by Lender, Grantor shall take whatever action is requested by Lender to pertect
and continue Lender's security interest to the Personal Property: in.addition to recoWing this Mortgage lathe real
property recortk, Lender .may, . st arty time and wiltwut further authorization from GraMOr, file executed
cowrterparts; copies or reproduction's of this Mortgage as a financing statement: Grantor shag reimburse Lender
for all experweincurrad fn perfecting orcontinuing thiesscurity krterest: Upon dafsuk; Grantor shall not remove,
sever or detach the .Personal Property .from .the Property: Upon default Grantor shag assemble any Personal
Property rxx affixed to the Property in a manner and .et a place reasonably convaMsnt to Grantor and Lender and
make it avapabb to tender within three t3) days after receipt of written demand from Lender o the extent
permitted by applicable law. _ _
-Addresses. The map(ng addresses .of Gferrcor' (debtor) and .tender (secured party) .from wMCh .information
concerning the: security,iMarsst grentsd.by ihie Mortgagermay be obtained (each as required by the.Uniform
Commeroial Code) are as stated on the first pageof this Mortgage: "
RJRTHER ASSURANCES; ADDRIONAL AUTHORIZATK)NS. The following provisions'releting to further assurances and
additipnel authorizations are a partaf this.MOttgege:
Further Assutancas. Ai arty time, entl from time to time,'upon request of Lender, "Grantor wi11 make, execute end
delver; or will cause to be made, executed or depvered, to Lender or in Lender's designee; end when'requested by
Lender, cares tb be fibd; recorded, refilsd, or rerecorded; ae the case may t»; at such times end in such offices
and pkces as Lander may_deem epproprieta; ariy and all such mortgages; deeds of trusi, security deeds;security
agreements; financing statemsrrts; .contk5uetion:staromems, instruments of further assurance, certificates; end
other doctarrsnta as may, M the sole opinion of Lender; be necessary or desirable in order to effectuate, eompbre,
perfect, corrWrus, or preserve 'It) Borrower's and Grantor's obligations under the-Note; true Mortgage, and the
Related .Documents, and (2) the: gene and security interests created by .this Mortgage ss first and prior liens on
-the Property; whether now owned or herosffer acquired by Grantor:: Unless prohibited by law or Lender agrees So
thq contrary in :writing;. Grantor shell reimburse' Lerxler for all costs and expanses incurced..in connection with the
rnstteis reitir`red'fo in`L}iia psrafgraPh.: _ . ' ' , _ _, .
Atlditlond /~tAhorizNlons: If Grantor' fails to do any of the things referred to in the preceding par6graph Lender
may do so for end in the name of Grantor. and et Grantor's expense: For such purposes, Grantor hereby _
irrovocably authorizes lander.to make, execute, deliver, file, record and do ell other thinga,as may be necessary or
dasirabb, in Lender's: sob opinion; -to .accomplish -the matters. referred to in the preceding paragreph. It. is
understood that nothing set forth herein shag require Lender to take any such actions.
FULL'PERFORMANCE: If Borrower pays all the'Indebtednesh"when due, srxt otherw(se performs elf the obligations
imposed upon Grantor under this Mortgage, Lender shMi execute end deliver to Grantor a suitable satisfaction of this.
Mortgage end suitable statements of termination of any finencirq statement on fib evidencing. Lender's security interest
in the Rents end the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee.
as determirrsd by Candor from tkns to time..
EYEN7S OF DEFAULT; At Lender's option, Grentorwill be `in defeuR antler this Mortgage if any of-:the following
happen: -- _.
_ _
Payment Dafeuk: Borrower fails to make any payment when due under the Indebtedness.
Dahuk on.Otltar Payments: Failure of Grarttar within the time required by this Mortgage to make any payment for
saxes or insurance; or any other payment necessary to prevent filing of or to effect discharge of any lien.
:.Beak Otksr PromNas. Borrower oCGrantartireeka any promise made to Lender or fails to perform promptly at the
time and strictly in the manner provided in this Mortgage or in any agreement related to Phis Mortgage.. ..
Faye Staternsrrts. Arty representetion.br statement mede.orfurniahetl to Lender by BorrowerorGrantor or on
:Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false ormialeading in any material
.respect, either now or st the time made or famished.
Dabcfiw Copauralizatlon. -This Mortgage or any of the Related Documents ceases to be in full force and affect
linciuding .failure of any copetaral document to create a valid and perfected security interest or lien} at any time and.
for enY reason. . ; _
Death br Insohrancy. The death of Borrower or Grantdr, the insolvency of Borrower or Grantor; the appointment of
a receiver for arty Pert of Borrower's or Grantor's property; any assignment-for the benefit of creditors,-any type of
creditor workout, or the commencement of any proceeding under erry bankruptcy or.insol4ency laws by or against
Borcawer or Grantor:
Taking of tint Property. -'Any creditor. or governmental agency tries to take any of the Property qr. any ether of
Btrower's or Grentor's property in which Lander has .a lien. This includes taking of, garnishing of or levying on
Borcower's or Grantor's accounts with Lender:' However, H Borrower or Grarrtor disputes in good faith whether the
claim on which the takirp .of tM Property ie based is valid or reasonable, and If Borrower or Grantor gives Lender
.written notice of the claim and turniahes Lsndar with monies. or a surety bond satisfactory to Lender to satisfy the
.claim, then this defauk Provision will not ~pply..-
aroach~of~l>hlrer Agreement. _Any breach by Borrgwer or Grerrtor under the terms at anyother agreement between
Borrower or Grantor and Lender that is .not remedied :within any grace period Drovided therein, including widtout
' ' limitation .any agreement concerning .any indatr[edness or other obligation of .Borrower or Grantor to Lender,
whether existing now or' later... ,
Events Affactlng Guarantor. .Any of the preceding events occurs with respect t0 any guarentor, endorser, surety,
~ ~`~t~ fi {~~
MORTGAGE
(Continued) Page 6
or accommodatiomparty of:eny of the Indebtedness or erry guarantor; endorser, surety;:or accommodation party
dies or. becomes Incompetent, or revokes or disputes she .vapdity of, or liability unde4 any:.Guararlty of the
Irxfebtedness. In.tha event of a death; Lander, at its option, may; but shah not-be :required to, permit the
guarantor's estate to assume unconditionally the obpgationa arising under the guaranty iri a manner satisfactory to
Lender, and, in doing so, curs any Event of Defauk.
InsecuMty. Lender in good,faith bepeves'itaalf insecure.
RNiHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any timethereafter, Lender,
at Lender's option, may exercise any one' or more of the following rights and ramedies;.in addition to eny other rights or
.remedies provided by law:
Aecelerab .hidebbdness: Lender shall have the right at its option, after giving sucti notices es required by
applicable law; to declare the' entire Indebtedness immediately due and payable:
UCO RemedNs." `Whh 7espact td;all.or anY pert of the-J'ersonel'Proparty, Lendar.ahall have ail the rights antl
remedies of s secured party under the Unitonn Commercial Code.
Copeet ReMS. Lander chap have the right,. without notice to Borcower or Grantor, to take possession of the
Property and cdllect the Rents, including amounts pest due and unpaid, and appy the net proceeds; aver and
above Larder's costs,.againstthe lrrdeboednesa. In furtherance oi.this right; Lender may.requira any anent or
other user of the.Proparty to make payments of rent or use fees tilroctly to Lender. If the Rerrts are oolbcted by
Lender, then Grantor irrevocably authorizes Lander to endorse instrumanta roceived in paymarrt thereof in the name
of GraMOr and to rregotiate the same.and collect the proceeds. Payments by tsnarrts or other users to Lender in
response to Lender's demand shah satisfy the obligations. for which the payments .ere made,. whether or not any
proper grounds for tfw demand existed. Lender may exercise its rights under this subp6regroph either in person,
by agent, or tMOugh a receiver.
Appoint Receiver: Cendsr dhelP have the rlghtto have a ,receiver appointed to take possession of gip or any part of
the Property; with the power to protect end preserve the Property, to;operate the Property precedirq, foreclosure or
sob, -and to collect the Rents from the Propertg End -apply. the., proceeds, -over and above the :coat bf the
receivership; against the Indebtedness: The roceiver msy serve without bond if permitted by law. Lender's right
to the appointment of a receiver .shall exist whether or not the apparent value of .the Property ;exceeds the
Indebtednea; by a subatarrtial amount. EmpbymeM by Lender shall not disqualify a person;from serving as a
7eceiver.
Judicial Foreolosrire. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any pert'of the
Property.
NonJudic4l Sala: If permitted byppplicable law;.Lender may forecbae Grantor's interest in ell or in eny part of the
Persondl Property or the Real Property by non-judicial sale.
DelkMncy Judgmsrrt. Lender may obtain a judgment for arty deficiency remaining in the Indebtedness .due to
Lender after application of ail amounts received from the exercise of the rights provided ircthis sectbn.
Taierrny M SufNrranee. If Grantor remains in. possession of the: Property ef4er the Property is ~old'as provided
abcvo or t.eridor othe:wiae bac.,mas enthlad ;b possession of the 1'ropa'ty upon, drfault of Grontssr,;GrpntprshAll
become a tenant at sufferance of.Lender or thepurohaserof the Property pndehall, etlstider's option; either lil
pay a reasonable -rental for the use of the Property, or 12) veeate the Property immediately upon the demand of
'Lerxfer.
Other Remedies. Lender shalt have all otharrights end remedies provided in this Mortgage or the Note w available
at law or in equity. .
Sals of the Property: 7o the extent permitted by aDPlicabb law,-Borrower and Grantor hereby waives any and all
right to have she Property marshalled. In exercising its rights and remedies, Lender shall be free to sell pll or any
part of the Property together or aeperKely, in one axle or by separate sobs. Lander-shall be eMided to bid at any
' public sale on all or anY pordon of the Property.
Natics otSak. Lender will give Graritor reasonable notice of the time end place of any public sak of fire Personal
` Rropsrty or of tM time after wMch erry prrvMe sale orother. intended d'+spositiort ofthe Personal Property la. to be
made. Unless otherwise required by spppeabk .law; reasonable notice shall .mean notice given at least ten I10)
days before the time of the sob or disposition., Any agile at the Personal Property may be made In conjunction with
_enY sale of the Real Property.
- Elsetjon of Jtemsdin. All`of Lender's rights-'end remedies wi(I be :cumulative and may be exercised alone or
together.- .An election by Lerxter to choose any one remedy will not bar Lender from using any other remedy. If
Lander decides Ter spend money or to perform any of Grantor's :obligations under this-Mortgage, after Grantor's
failure to do so, that decision by Lender w1i1 not affect Lender's right to declare Grantgrin defauk and to exercise
Lender's reniediea.
Attwrreya' FSes; 6rpenws.: -If Lender institutes arty suR or action to enforce any of the terms .of this Mortgage,
Lender shalt be a to .recover such sum as the court may sdjudpe: reasonable as attorneys' .fees et trial and
:uponany appear. Whether or not .any court action is imroNed, and.to the extent not prohibited bylaw, all
reasonable experoes Lender incurs that in .Lender's .opinion era necessary at.pny time for the protection of its
Interest or the enforcement of its righta'shall become a part of the indebtedness payabb on demand end shell bear
interest at tne'Note rate.from the date of the axprndi .::e un•JI repaid. Expana$s`co~~arad by this p!itragraph include,.
without limitation, howeversubject to any limits under applicable-law, Lender's attorneys' fees and Lerxfer's legal
expenses, whether err not them is a lawsuit,. including attorneys' .fees and expenses for berrktuptcy proceedings
(including efforts to modify or vacate eny automatic stay or Injunction(; appeals, and any anticipated post-judgment
collection services; the cosUOf searching records, obtaining title reports (including foreclosure reports(, surveyors'
reports; acrd appraisal fees and title insurance; to the extent permitted by applicable law. Grarrtor also will pay any
court costs, in addition to all other sums provided by law.
NOTICES.: Unless otherwise provided by applicable law,-any notice required to be given under this Mortgage shell be
given-in .writing, and shall be effective.when actually delivered, when.ectuslly received by telefacsimile (unless
otherwise required by level, whendepoaited with a netionally.reeognized overnight courier, or,~.if-mailed, when deposited
in the"Untied States mail, as first class, certified or registered meifpoatage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of fbreclosure from the holder of any l'len whbh flea pr'rority
- ~ -over thisMortgageahall be seMto Lender's addross;-as shownnepr thebeginnirrgof thia:Mortgagsr-.Any peroon may
change -hie or her address for noticesunder 'stileMortgage- try giving formal written noticeto the other. person or
pereons, specifying that the purpose of the.notice is'to change the: person's address. 'For: notice purposes, Grantor
agrees to keep Lender informed at all times of GfaMOr'8 current. address. Unless otherwise: provided by applicable law,
if there is more than one GraMOr; any notice given.by:Lender to eny GraMOr is deemed to be notice. given to all
.Grantors. k will be Grantor's responsibility to tell the others of the notice from Lender.
MORTGAGE
(Continued) Page s
MISCELLANEOUS PROVISIONS: The following miscellaneous..provisions ate a pert of this Mortgage:
Amandnarrits. What is written in this Mortgage-and in the Related Documents is Grantor's entire agreement with
Lender cartcaming the matters covered by this Mortgage. : To be .effective, -any. change or amendment irl this
Mortgage must be in writing and moat bs signed by whoever-will ba bound or obligated-by 'the change or
amendment.
Csptlon Hsadkys: Caption freedirgs in this Mortgage are for convenience purposes oMy and are not to be used to
interpret or define the provisions of this Mortgage.
Qowming .law. This Martgags :wN ba govsmed by fsderel lew app~esbN to Lender and. to the sxtsM not
prssmpad by federal.lew, ttre lewa'of the CommonwaalYtlr of Psmsylvanle wfarout regard to fb coMBcts .of law
provision. This Nlertgage ttes bean atxxpted by Lender to tM Commomvealth of PenneyMnL,
JoIM and Several wblM. All obligations of Bonowe: and Grantor under Lhis:Mortgage;ataR be; joint and sevefal,
and all references to Grantoi shall mean each end every Greittor,-and aq referaneea to Borrower ahaM mean each
end every Borcower. This means that each Borrower and Grantor signing below le reaponble for. all obligations in
this Mortgage.... .
No Waiver by Lender. Grantor undarstanda Lender will not gave up any of Landar'e rights under this Mortgage
unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
Lender has givbn up that right:. If Lender tloee agree in writing to-give :up one of Lender's.righb; that does not
mean Grantor will not have to comply with the other provisions of this Mortpnge.: Grantor also underetanda that if
Lsrtder does consent to a request, that does not mean that GreMOr witl not heve'to get Lender's consent again if
-the skuation happens again. GraMw further understende that just because Lender consents to one .or more of
Grantor's requests, that does not mean Lender will ba required to aonseM to any of Grantor's future requests.
Grantor waives presentment, demand for payment, protest, and notice o} dishonor.
Sawrabigty. If a court flntle theYarry provision of this Mortgage le not.Jelid or should noYbe enforced, that:fact by
itself will not mean that the rest of this Mortgage will:not be valid or.onforoed. Therefore; acourt will enforce the
rest of the provisons of this Mortgage even if a provision of this Mortgage-mey'be found -to 6e invalid or
'unenforceable:
,.
Nlergsr. -There shall be no merger of the interest or estate created by this Mortgage with any btfier interest or
estate in the Property at any time held by br for the benefit of Lertder in any capacity, without the written consent
`of Lender.
Successor krtarests. The terms of this Mortgage shall ba binding upon Grantor, end upon Grantor's heirs, personal
representadvea, auccesaora, and assigns, and shall be enforceable by Lender and lea successors end assigns.
Tiros le of 1M Essence. Time is of the essence in the performance of this Mortgage.
DEFlNITIONS. Tha fblbwing words shah haw the folbwinp meanings when uesd inthis Mortgage:
Borrower. The. word 'Borrower' .means Charles 'E. '.Tate and includes ell co-signers end co-makere signing the
Note. '
Envkonmantal,lewa. The words "Emriranmental Laws' .mean any end all state, federal and aocal statutes,
regulations. end ordinances relating to -the .protection of human .heahh or the emnronmeM; including without
limitation the Comprehensive EnvironmeMel Response, Compensation, and Liability Act of 1980, as emended, 42
U.S.C. Section 9607, et aaq. ("CERCLA"1, the Supsrfund Amendments and Reauthorization Act of 1986, Pub: L.
No. 99.499 ("SARA"i, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
or regulations adopted pureuaM thereto. -
Evertt of Defwa. The words 'C-vent of Defauh' mean any of the events of defauh set forth in 4hie Mortgage in the
evenu of default section of this Mortgage:
Orantor: The word. "Grantor' means Charles E. Tate and June A. Tate.
(iuarantY; The word'GusraMy" maensthe guaranty frcm guarantor, endorear; surety, or:accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. TFie words "Hazardous Substettces" mean materiels that, because of their quantity,
concerm'ation or physical; chemical or infectious characteristics, may cause or pose s present or poteMiel hazard
to human Malth or the amrironmeM :when improperly used, treated, stored, disposed of, generated,; manufactured,
transported or otherwise handled.. The words "Hazardous Substances" ara:used in their very broadest aenee and
include witlwut limitation qny end .all hazardous or toxin substances, materiels or waste as defined by or Jisted
.under the Environmental Laws. -The term 'Hazardous Substances" oleo includes; without limitation, petroleum end
petroleum by-products or arty fraction thereof end asbestos.
ImprowmaMe. The word 'ImprovemeMS" means all existing.and future improvement[:, buildings, structures,
mobile- homes affixed an the -Real Property;- fecilRies, additions, replacemeMe and other construction an the Reel
Mdebtednsss.. The word "Indebtedness" means all principal, interest, and other amounts, cosu and expenses
payable under the Note or Related,DOcumerrta_, together with all renewals rtf, oxtOnOions of; modifications of.
conaolidatiwns of and substitutions for the Note or'Relst®d DocumaMS end any amourrts expended or advanced by
Lender .to discharge Grantor's obligations of expanses incurred by Lender to enforoe Grantor's obiigeUona uhder
this Mortgage, together with iMersstnn such amounts as provided in this Mortgage.
Lsndar: Tlie word "Lender" means Farmers and Merchants Trust Corbf'Chembsrsburg, hs successors and
assigns. 'The words "successors or assigns' mean arry.psreon orcompany that acquires erry interesTin the Note.
Mortgage: The word "Mortgage" means this Mortgage between Grantor and Lender.
NoN. Ths word "Note"means the promissory note dated March 7 T, 2005, in'tha original .principal amount
of $42,314.75 from Borrower to Lender, tagether.wKfi all renewals of, extensions of, modifications of,
reflnancinga of, consotidationa of, entl subatitudons for the promissory note or agreement. NOTICE TO GRANTOR:
-THE NOTE CONTAMIS A VARIABLE INTEREST RATE.
Psrsonaf Prbparty. The words "Pereohel Property" .me0n all equipment; fixtures, and other articles of personal
property now or hereafter owned by Grartrot°. artd now: oc tereafter attached or affixed to the Reel Property;
together with ell accessions, parts; and'-s`dditlprgz•SO;:att'faplacemerrts of, and ell substitutions for,.any of such .
property; end .together with Fall ~proeesds [including 'witlidu[ Gmketion all insurance proceeds and refunds of
premiums) from any sale or other disposition of the:Property:
.~..",,,,.~,.~.~.. w.~,......~.,..,
MORTGAGE
(Continued! Page 7
Property. The word "Property' means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property" rriean the'reel property; intiaresYS grid rights, as further described in this
Mortgage.
Related Document. The wards 'Related Documents" mean all promisacry rwtes; credit agreamarrta, ben
apreemenffi, environmerrcal apreemems, puaronties, security agreerneme, mortpages, deeds of trust, sectrity
deeds, collateral mortgagee, and alt other Inatrumems, apreemeMS and documenffi, whether mw or hereafter
existing, executed in connectkxt with the Indebtedness.
Rsrits. The word "Rams" means all preeem end future reins, revenues, income, issues; royalties, profits, and
other beneflffi derived from the Property.
..
$ACH GRAIiITOR AC1tN6WLEOGES HAVING READ ALL THE PROVISIONS OF .THIS MORTGAGE,. AND EACH
GRANTOR AGREES TO R8 TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTRUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCOROINO TO LAW_
GRANTOR:
~ ~y i : s.an
e _ a.
X ~ l~ is..n
. rate .
S , adr~Mdped eflwred ~tfre preaenei of:
x G/C.:.
Wkns
X
e
CERtIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortpepae, Farmers and Marolrants Trust Co. of Chambersburg, herein
is as follows:
Rftosr Nlphway, 20 South Meln Street, P.O. Box 8070, Chambersburp, PA 77 1 ~~/~~
tta nay or ge fo ages ,/
..INDIVIDUAL ACKNOWLEDGMENT //
COMMONWEALTH OF PENNSYLVANIA ` ~ _
j - _ t -.SS -
COUNTY OF / r CYI~~(~fIL1 )
1W
On this, the. ~! day of H~,("~ , 20 QtJ ,before ms
Juta4 L. t1YMJ ,the undersigned Notary Public, personally appeared Charles E. Tate and June A.
Tats, known to me (or satisfactorily proven) to be the person whose names era subscribed to the within instrument,
and ecknowbdged that they executed the same for the purposes theroin contained.
In whneu whereof, l MnYlltO set my head end o seal.
C,O MVF.AL.TH OF P V
NoutialSoal -
3udy L. Ya~~~ N Public in and fpr th State of
Cari>o(>~ > MaY 12006
AAsrN6x, PennayWenla Assodeaon of Naitsries .
w~ ~o oars, w. aa.aooo W.. ~~ w..ro oo.r,o.R rw oa,, m. w won or../. . "w uo,uruaoue man w,M[
`V:',p
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eadn'7n 4~ ..
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LfEi G .J tJ id ' ~i.~ Lr .i~~ IJ
EXHIBIT A
ALL that certain lot of ground situated on the west side of Chestnut Strut in the
borough of Mount Holly Springs, County of Cumberland, and .State of
Pennsylvania, bounded and described as follows:
On the East by Chestnut Street, on the south by lands now or formerly of Jessie
L. Blumberg, on the West by an alley, and on the North by lands now or formerly
of Nathan Nelson,. having a frontage of 39 feet on Chestnut Street and a depth of .
180 feet to Alley and having erected thereon a frame dwelling and garage,
BEING the same premises which Charles E. Tate by deed dated December 18,
1990 and recorded December 20, 1990 in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Deed Book 34-X; Page 531, conveyed to
Charles E. Tate and June A. Tate, his wife.
~e~ttfy this t~ z P ~-ecor~ed
r~~ Cumbes~?azt~ ~;cu~~ty ~A
r
;:
'`,:...~: Rey.;-< c~~r of Deeds
VERIFICATION
I, William A. Pryor, Vice President, on behalf of Farmers and Merchants Trust Company
of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to
unsworn falsification to authorities that the facts set forth in the foregoing Complaint in
Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief.
JZ~f/
William A. Pryor, Vice resident
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ra ~ r _
r ;r
Sheriff ....
Jody S Smith ~°~~~~,~ et ~f~a~~p~~h~
Chief Deputy ~, :.~ G'i ~ u F, . ~ - ~ f ~ ; ~ ~ :~
~ ~ ~~y ~~~ ado ~G a Pn~ ~ ass
Richard W Stewart ~ ~ ~, _ _ ~ , ~ ~~ ~ ~ ~ ,
Solicitor ~Ff~~~c~. rr<, sr<,ERrF[c r ;:~~ r~:..' ~ ,
Farmers and Merchants Trust Company of Chambersburg
vs. Case Number
June A. Tate 2010-4813
SHERIFF'S RETURN OF SERVICE
07/26/2010 05:05 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 26,
2010 at 1705 hours,,he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: June A. Tate, by making known unto herself personally, at 219 Chestnut
Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RO B TNER, DEPUTY
SHERIFF COST: $34.30
July 27, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(01 CountySuite Sheriff. Teleosoft. Inc.
IN THE C10URT OF a"-r)N PLEAS OF CIMMI AND COUNTY, PENNSYLVANIA
Farmers and Merchants Trust CIVIL DIVISION
Co. of Chambersburg : File No. 10-4813 Civil Term
(Plaintiff) . Amount Due $ 29,423.83
V
Interest from 9/1/10 to ; 1,292.97
date of Me
June A. Tate and Charles E. : Atty's Comm
Tate, Deceased
(Defendant(s) Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAEUIPE FOR EXECUTION
Issue writ of execution in the above matter to the Sheriff of Cumber
County, for debt, interest and costs upon the following described property
defendant(s)
See Exhibit "A" attached.
PRAECIPE FUR ATrACgMENP EXECUTION
c3
I
N
Issue writ of attachment to the Sheriff of Cumberland County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishes 96 cA lis pendens against
real estate of the defendant(s) described in the attached
V'-
DATE: August 31, 2010
*aq-00 PO Arty
34.3D Car
Qo1.00 "
14. oo
A.50 "
4.gp-PO ATrY
Signature:
Print Name:
Address: James Smith Dietterick & Connelly LLP
P 0 Box 650, Hershey PA 17033
Attorney for: Plaintiff
Telephone: (717) 533-3280
Supreme Court ID No.: 55650
4 a.00 Na
•5o u.
ek" 8q 1W
P#J
a
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie
L. Blumberg, on the West by an alley and on the North by lands now or formerly of
Nathan Nelson, having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to
Alley and having erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as
219 Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18,
1990 and recorded on December 20, 1990 in and for Cumberland County, in Deed Book
Volume X-34, Page 531, granted and conveyed unto Charles E. Tate and June A. Tate,
Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-4813 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST CO. of
CHAMBERSBURG, Plaintiff (s)
From JUNE A. TATE and CHARLES E. TATE, Deceased
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $29,423.83
L.L.$.50
Interest from 9/1/10 to date of sale -- $1,292.97
Atty's Comm %
Atty Paid $166.80
Plaintiff Paid
Date: 9/7/10
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
David . uell, Proth
By
Deputy Name: SCOTT A. DIETTERICK, ESQUIRE
Address: JAMES SMITH DIETTERICK & CONNELLY LLP
PO BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
a ,
IN THE COURT OF COMMON PLEAS OF -'
CUMBERLAND COUNTY, PENNSYLVANIA , _ ? ; in, n2
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs. :
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
CIVIL DIVIS r?7,, r CCIUNTY
NO.: 10-4813 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers and Merchants Trust Co. of Chambersburg Plaintiff in the above action,
sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at 219 Chestnut Street, Mount Holly
Springs, Pennsylvania 17065:
1. Name and Address of Owner(s) or Reputed Owner(s):
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
2. Name and Address of Defendant(s) in the Judgment:
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FARMERS AND MERCHANTS TRUST Plaintiff
CO. OF CHAMBERSBURG
4. Name and Address of the last record holder of every mortgage of record:
FARMERS AND MERCHANTS TRUST Plaintiff
CO. OF CHAMBERSBURG
5
6
7
Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
UNKNOWN SPOUSE OF JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
JAMES
& CON
DATED: August 31, 2010
BY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
7
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
CIVIL DIVISION
NO.: 10-4813 Civil Term
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
JUNE A. TATE
219 Chestnut Street
Mount Holly Springs, PA 17065
TAKE NOTICE:
c?
o
N
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 8, 2010, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
1
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 10-4813 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
June A. Tate and Charles E. Tate, Deceased
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, ?11STTERICK
& CONNEiAY i L,P 1
DATED: August 31, 2010 BY:
$cotVA. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie
L. Blumberg, on the West by an alley and on the North by lands now or formerly of
Nathan Nelson, having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to
Alley and having erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as
219 Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18,
1990 and recorded on December 20, 1990 in and for Cumberland County, in Deed Book
Volume X-34, Page 531, granted and conveyed unto Charles E. Tate and June A. Tate,
Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 10-4541 CIVIL Civil Term
Chase Home Finance LLC
V. AMOUNT DUE: $104,256.79
Ryan M. Eisenhour and Stephanie L. Houck INTEREST: from 08/26/10 to 12/08/1
Orr
$1,799.70 at $17.14 m
rr,
-v
ATTY' S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT: W
its
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or acco unt
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursu ant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
i
°-n
70
7
1.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s)
903 Bridge Street, New Cumberland, Pennsylvania 17070
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies
of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: September 9, 2010
*A4. 0o-P o A7T?
!00.80 - W
qa . 00
N,oo
8.5o
a4,3.30 - PQ ATrf
Signature:
Print Name: MCCABIJ, WEISBERG AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No.
*a-oo bueco
• 50 LL.
(1 C148130 REk
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania,
more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of
the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common
boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, to
a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or
less, to the intersection of the said public alley with the projected extension of the dividing wall between the two
halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along the
said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said
dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge
Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING.
HAVING THEREON ERECTED the northern half of a 2-1/2 story double frame dwelling house known as 903
Bridge Street, New Cumberland, Pennsylvania.
BEING PARCEL NO. 26-24-0811-245A
BEING KNOWN AS 903 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office of the
Recorder in and for Cumberland County as InstrumentNo. 2007-018347, granted and conveyed to Ryan M. Eisenhour
and Stephanie L. Houck.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-4541 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s)
From RYAN M. EISENHOUR and STEPHANIE L. HOUCK
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $104,256.79
L.L.$.50
Interest from 8/26/10 to 12/8/10 at $17.14 -- $1,799.70
Atty's Comm % Due Prothy $2.00
Atty Paid $293.30
Plaintiff Paid
Other Costs
Date: 9/13/10
(Seal)
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
David D uell, Proth h lm
By:
Deputy
Address: MCCABE, WEISBERG AND CONWAY
123 S BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
t
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Chase Home Finance LLC
Plaintiff
V.
Ryan M. Eisenhour and Stephanie L. Houck
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 10-4541 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at: 903 Bridge Street, New
Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owners or Reputed Owners
2.
Name Address
Ryan M. Eisenhour 207 Spring Lane c? L; Tim
Enola, Pennsylvania 17025 GO
r
;47-
Stephanie L. Houck 4570 Londonderry Road, Apt. A86 -jj; c I
Harrisburg, Pennsylvania 17109
Name and address of Defendants in the judgment:
Name
Ryan M. Eisenhour
Stephanie L. Houck
Address
207 Spring Lane
Enola, Pennsylvania 17025
4570 Londonderry Road, Apt. A86
Harrisburg, Pennsylvania 17109
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
1 49
4
5
6.
7
Name
Plaintiff herein
Address
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
MFRS, Inc. P.O. Box 2026
Flint, Michigan 48501
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name
None
Address
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
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Address
903 Bridge Street
New Cumberland, Pennsylvania 17070
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
United States of America c/o
Atty General of the United States
United States of America c/o
Atty General of the United States
U.S. Dept. of Justice
Name and address of Attorney of record:
Name
None
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept. of Justice, Rm. 5111
Main Justice Bldg., 10th & Constitution Ave. N.W.
Washington, DC 20530
10th & Constitution Ave. N. W., Rm. 4400
Washington, DC 20530
Address
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 unworn falsification to authorities.
Seotember 9, 2010
DATE
- 7X-40"r'- - Ae'e"?
T RREN E J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania
more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of
the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common
boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, try
a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more of
less, to the intersection of the said public alley with the projected extension of the dividing wall between the two
halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along the
said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said
dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge
Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING.
HAVING THEREON ERECTED the northern half of a 2-1/2 story double frame dwelling house known as 903
Bridge Street, New Cumberland, Pennsylvania.
BEING PARCEL NO. 26-24-0811-245A
BEING KNOWN AS 903 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office opt Ix
Recorder in and for Cumberland County as InstrumentNo. 2007-018347, granted and conveyed to Ryan M. Eisen,
and Stephanie L. Houck.
EX*H I B 17' A
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET CAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Chase Home Finance LLC
Plaintiff
V.
Ryan M. Eisenhour and Stephanie L. Houck
Defendants
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY 'v W
its ; r
"r ',? rz'J
FT;
Number 10-4541 CIVIL -Z_ --
Cn
'
a
C r
n
W
AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS
The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby
depose and say that the last-known mailing addresses of the Defendants are:
Ryan M. Eisenhour Stephanie L. Houck
207 Spring Lane 4570 Londonderry Road, Apt. A86
Enola, Pennsylvania 17025 Harrisburg, Pennsylvania 17109
SWORN AND SUBSCRIBED
BEFORE ME THIS q jbDAY
rOF ?Se SY??tt' , 2010
NOTTARV PUBLIC
l
I
TERREN J. McCABE, ESQUIRE
MARC S EISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Chase Home Finance LLC
V.
Ryan M. Eisenhour and Stephanie L. Houck
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-4541 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Ryan M. Eisenhour
207 Spring Lane
Enola, Pennsylvania 17025
Stephanie L. Houck
4570 Londonderry Road, Apt. A86
Harrisburg, Pennsylvania 17109
0
a
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C
r?
W
t.a
Wo
Your house (real estate) at 903 Bridge Street, New Cumberland, Pennsylvania 17070 is scheduled to be
sold at Sheriffs Sale on December 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd
Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the
court judgment of $104,256.79 obtained by Chase Home Finance LLC against you.
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:
The sale will be canceled if you pay to Chase Home Finance LLC the back payments, late charges,
costs, and reasonable attorney's fees due. To find out how much you must pay, you may call
McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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.
-n
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 following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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 on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate 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, 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvan,+
more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection u i
the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common
boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, v
a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or
less, to the intersection of the said public alley with the projected extension of the dividing wall between the two
halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along th,.
said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said
dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge,
Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING.
HAVING THEREON ERECTED the northern half of a 2-1/2 story double frame dwelling house known as 903
Bridge Street, New Cumberland, Pennsylvania.
BEING PARCEL NO. 26-24-0811-245A
BEING KNOWN AS 903 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office of tht:
Recorder in and for Cumberland County as InstrumentNo. 2007-018347, granted and conveyed to Ryan M_ Eisa;n b
and Stephanie L. Houck.
F1" €? ?C
IN THE COURT OF COMMON PLEAS 4 T H E P R O T;' C P x C TAB R`
CUMBERLAND COUNTY, PENNSYLVAN S
I w 1-
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
VS.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
CIVIL IX'VMON-k,ND CuUt!TN-t°
...E s
NO.: 10-4813 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Farmers and Merchants Trust Co. of Chambersburg Plaintiff in the above action, sets
forth as of the date the Praecipe for Writ of Execution was filed the following information
concerning the real property located at 219 Chestnut Street, Mount Holly Springs, Pennsylvania
17065:
1
2.
3
Name and Address of Owner(s) or Reputed Owner(s):
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
Name and Address of Defendant(s) in the Judgment:
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FARMERS AND MERCHANTS TRUST Plaintiff
CO. OF CHAMBERSBURG
NORTH MIDDLETON AUTHORITY c/o Hubert X. Gilroy, Esquire
10 E. High Street
Carlisle, PA 17013
4.
5
6.
7.
Name and Address of the last record holder of every mortgage of record:
FARMERS AND MERCHANTS TRUST Plaintiff
CO. OF CHAMBERSBURG
Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
UNKNOWN SPOUSE OF JUNE A. TATE 219 Chestnut Street
DEPARTMENT OF REVENUE
Mount Holly Springs, PA 17065
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
COMMONWEALTH OF PA
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Name and Address of every other person of whom the Plaintiff has knowledge
has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
who
I verify that the statements made in this Amended Affidavit are true and correct to the
best of my personal knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities. 1 /'1
JAMES, SMITH,
& CONNELLY I
DATED: September 27, 2010 BY:
Scott A.
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650, Hershey, PA 17033
(717) 533-3280
F f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CNIL DNISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 CNIL TERM
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
ISSUE NO.:
TYPE OF PLEADING:
Pa.R.C.P. RULE 3129.2(C)
AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
~.
~.... ~ a
~~<-
~= CL+
`~'. r~
,~
~~ ~ ~
~ '~~
a`. -~-s'
~~ ~ ~
2.~ ~ ~
Farmers and Merchants Trust Co. of
Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. LD. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Co. of
Chambersburg, Plaintiff, being duly sworn according to law depose and make the following
Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter
on Defendants/Owners and Other Parties of Interest as follows:
1. Defendants, June A. Tate and Charles E. Tate, Deceased, are the record owners of
the real property.
2. On or about September 3, 2010, Defendant, June A. Tate, was served with
Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, via Certified
Mail -Return Receipt Requested, at the address of the mortgaged premises, being 219 Chestnut
Street, Mount Holly Springs, Pennsylvania 17065. A true and correct copy of said Notice and
Certified Mail Receipt are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about September 27, 2010, Plaintiff s counsel served all other parties in
interest with Plaintiff s Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to
Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and
correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of
Interest were served with Plaintiff s Notice of Sheriffs Sale of Real Property in accordance with
Pa. R.C.P. 3129.2.
JAMES, SMITH, DIETTERICK
&C
Dated: ~ ~ ~ ~ BY:
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Sworn to and subscribed before me this
21St .day of October, 2010.
Notary Public
MY COMMISSION EXPIRES:
NOTARIAL SEAL
CHRISTINE L SPURLOCK
Notary Public
HUMMELSTOWN BORO. DAUPHIN COUNTY
My Commission Expires Jun 23, 2012
Attorneys for Plaintiff
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^ Complete ftems 1, 2, and 3. Also complete
item 4 ff Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the t'~rd to you.
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or on the front if space permits.
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PLAINTIFF'S
~ IBIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO. OF CHAMBERSBURG, :
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
JUNE A. TATS
219 Chestnut Street
Mount Holly Springs, PA 17065
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 8, ?010, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 10-4813 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
June A. Tate and Charles E. Tate, Deceased
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (] 0) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, ~TTERICK
& CONNEL~Y I~LP
DATED: August 31, ?010 BY:
,S'cot~A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie
L. Blumberg, on the West by an alley and on the North by lands now or formerly of
Nathan Nelson, having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to
Alley and having erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as
219 Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18,
1990 and recorded on December 20, 1990 in acid for Cumberland County, in Deed Book
Volume X-34, Page 531, granted and conveyed unto Charles E. Tate and June A. Tate,
Husband aild Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
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HERSHEY, PA 17033
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MPS Form 3817, r/'I X2007 PSN 7530-02-000-9065
~~" I ' i ~ " ~(.1-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO. OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs. :
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: NORTH MIDDLETON AUTHORITY
c/o Hubert X. Gilroy, Esquire
10 E. High Street
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m., the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO.OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATS, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMIT , DIETTERICK &
CONNELLY ~P ,/1
Dated: September 27, 2010 By:
Scott A. D t ~ir1c,.E
PAID #55650
Attorney'for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of 3essie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRU5T CIVIL DIVISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: CUMBERLAND COUNTY TAX CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m:, the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30} days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES,
Dated: September 27, 2010
,DIE ' >El
P
/ I ~ 1 ( !
By: ~~~
Scott A. Dietterick, Esquire
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I K&
II ` I ~i
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CNIL DIVISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and :
CHARLES E. TATE, Deceased,
Defendants. :
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: UNKNOWN SPOUSE OF 3UNE A. TATE
219 Chestnut Street
Mount Holly Springs, PA 17065
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m., the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of:
219 Chestnut Street _
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATS and
CHARLES E. TATE, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, S1VI~TH, DID' CK &
Dated: September 27, 2010 By:~~/ - ti-~
Scott A. Dietterick, Esquire
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
CO. OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs. :
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: DEPARTMENT OF REVENUE
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m., the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The -said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, D TTERICK &
CONNELL~' LL
Dated: September 27.2010
Scott A. Dietterick, Esquire
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CNIL DNISION
CO. OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: COMMONWEALTH OF PA
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m., the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, S~ITHLDIETTERICK &
Dated: September 27, 2010 By: / 1! ~-~!l
Scott A. Dietterick, Esquire
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CNIL DIVISION
CO.OF CHAMBERSBURG,
Plaintiff, NO.: 10-4813 Civil Term
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 8, 2010 at 10:00 a.m., the following described real estate which June A. Tate and
Charles E. Tate, Deceased, are the owners or reputed owners and on which you may hold a lien
or have an interest which could be affected by the sale of:
219 Chestnut Street
Mount Holly Springs, Pennsylvania 17065
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
~ ~
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
CO.OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceased,
Defendants.
at EX. NO. 10-4813 Civil Term in the amount of $29,423.83, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed. in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH,~I~TTERICK &
Dated: September 27, 2010
Scott A. Dietterick, Esquire
PAID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain lot of ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
ON the East by Chestnut Street, on the South by lands now or formerly of Jessie L.
Blumberg, on the West by an alley and on the North by lands now or formerly of Nathan Nelson,
having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to Alley and having
erected thereon a frame dwelling and garage.
HAVING thereon erected a frame dwelling house being known and numbered as 219
Chestnut Street, Mount Holly Springs, PA 17065.
BEING the same premises which Charles E. Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for Cumberland County, in Deed Book Volume X-34,
Page 531, granted and conveyed unto Charles E. Tate and June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168
Exhibit "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith j'; r? _' +
Chief Deputy
Richard W Stewart
Solicitor E C/; a ?'
' <
,
<
y
Farmers and Merchants Trust Company of C$hambersburg Case Number
vs.
June A. Tate 2010-4813
SHERIFF'S RETURN OF SERVICE
10/13/2010 02:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-13-10 at 1455 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of June A. Tate, located at, 219 Chestnut
Street, Mount Holly Springs, Curberland County, Pennsylvania according to law.
10/13/2010 02:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-13-10 at 1455 hours, she seared a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: June A. Tate, by making known unto,
June A. Tate, personally, at, 2191, Chestnut Street, Mount Holly Springs, Cumberland County, PennsyvvaniE
its contents and at the same time handing to her personally the said true and correct copy of the same.
12/07/2010 As directed by Scott A Dietterick Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011
03/01/2011 Ronny R Anderson, Sheriff, =duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Atto ney on 2/28/11.
SHERIFF COST: $680.45
March 01, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
5T Vim. /
JL 9-91
5633/
FARMERS AND MERCHA
CO. OF CHAMBERSBURG,
Plaintiff,
vs.
JUNE A. TATE and
CHARLES E. TATE, Deceas
Defendants.
NO.: 10-4813 Civil Term
PURSUANT TO RULE 3129.1
Farmers and Merchants Trust Co. of Chambersburg Plaintiff in the above action,
sets forth as of the date the P aecipe for Writ of Execution was filed the following
information concerning the real property located at 219 Chestnut Street, Mount Holly
Springs, Pennsylvania 17065
1. Name and Address o Owner(s) or Reputed Owner(s):
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
2. Name and Address o Defendant(s) in the Judgment:
JUNE A. TATE 219 Chestnut Street
Mount Holly Springs, PA 17065
CHARLES E. TATE Deceased
3. Name and Address o every judgment creditor whose judgment is a record lien on
the real property to b sold:
FARMERS AND M RCHANTS TRUST Plaintiff
CO. OF CHAMBER BURG
4. Name and Address o the last record holder of every mortgage of record:
FARMERS AND M RCHANTS TRUST Plaintiff
CO. OF CHAMBER BURG
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
?.TTC TR T TRT C'.TVTT. DTVTSION
w
IN
FARMERS AND MERCHA
CO. OF CHAMBERSBURG
Plaintiff,
VS.
JUNE A. TATE and
CHARLES E. TATE, D
Defendants.
COURT OF COMMON PLEAS OF
RLAND COUNTY, PENNSYLVANIA
TS TRUST CIVIL DIVISION
NO.: 10-4813 Civil Term
)PERTY PUR'
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
JUNE A. TATE
219 Chestnut Street
Mount Holly Springs, PA 170 65
TAKE NOTICE:
That the Sheriffs Sal of Real Property (Real Estate) will be held at the
Cumberland County Courtho use, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 8, 201 0, at 10:00 a.m. prevailing local time.
THE PROPERTY T BE SOLD is delineated in detail in a legal description
consisting of a statement oft th e measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTIO1 4 ATTACHED AS EXHIBIT "A").
The LOCATION of y our property to be sold is:
219 Chestnut Street
Moun t Holly Springs, Pennsylvania 17065
Cumberland County
r ?
The JUDGMENT un er or pursuant to which your property is being sold is
docketed to:
No. 10-4813 Civil Term
THE NAME(S) OF
PROPERTY ARE:
June A. Tate
A SCHEDULE OF D
governmental or corporate er
proceeds of the sale received
hold mortgages and municip,
(30) days after the sale, and c
schedule will, in fact, be mac
ten (10) days of the date it is
be obtained from the Sheriff
South Hanover Street, Carlis:
YOUR PROPERTY.
IS A N
OWNER(S) OR REPUTED OWNER(S) OF THIS
Charles E. Tate, Deceased
STRIBUTION, being a list of the persons and/or
ities or agencies being entitled to receive part of the
ind to be disbursed by the Sheriff (for example to banks that
ities that are owed taxes), will be filed by the Sheriff thirty
stribution of the proceeds of sale in accordance with this
unless someone objects by filing exceptions to it, within
pled. Information about the Schedule of Distribution may
f the Court of Common Pleas of Cumberland County,
Pennsylvania 17013.
F
It has been issued bec use there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish toexercise your rights, you must act promptly.
LA
Berland County Court Administrator
'umberland County Courthouse
ne Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
.
rHTS YOU W
1. You m y file a petition with the Court of Common Pleas of
Cumberland C unty to open the Judgment if you have a meritorious
defense agains the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect i the obligation or the procedure used against you.
2. After e Sheriff s Sale, you may file a petition with the Court of
Common Plea of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriff s Deed is delivered.
3. A petiti on or petitions raising the legal issues or rights mentioned
in the precedin g paragraphs must be presented to the Court of Common
Pleas of Cumb erland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed ord or rule must be attached to the petition. If a specific return
date is desired such date must be obtained from the Court Administrator's
Office, Cumb land County Courthouse, One Courthouse Square, 4th
Floor, Carlisle Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, TTERICK
& CONNE Y P
DATED: August 31, 2010 BY:
co A. Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, TURN RECEIPT REQUESTED
AND
VIA PERSONAL SE VICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain lot o ground situated on the West side of Chestnut Street in the
Borough of Mount Holly Sp ngs, County of Cumberland and State of Pennsylvania,
bounded and described as fol ows:
ON the East by Chest ut Street, on the South by lands now or formerly of Jessie
L. Blumberg, on the West by an alley and on the North by lands now or formerly of
Nathan Nelson, having a frontage of 39 feet on Chestnut Street and a depth of 180 feet to
Alley and having erected thereon a frame dwelling and garage.
HAVING thereon er
219 Chestnut Street, Mount
BEING the same
1990 and recorded on De
Volume X-34, Page 531,
Husband and Wife.
a frame dwelling house being known and numbered as
Springs, PA 17065.
s which Charles E. Tate, by Deed dated December 18,
20, 1990 in and for Cumberland County, in Deed Book
and conveyed unto Charles E. Tate and June A. Tate,
Tax Map No.: 23-32-336-168
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-4813 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBER AND COUNTY:
To satisfy the debt, interest an costs due FARMERS AND MERCHANTS TRUST CO. of
CHAMBERSBURG, Plaintiff (s)
From JUNE A. TATE and CH?RLES E. TATE, Deceased
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: ) 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 tated.
Amount Due $29,423.83 L.L.$.50
Interest from 9/1/10 to date of sal -- $1,292.97
Atty's Comm % Due Prothy $2.00
Atty Paid $166.80 Other Costs
Plaintiff Paid
Date: 9/7/10
David uell, Pro a
(Seal) By
Deputy
REQUESTING PARTY:
Name: SCOTT A. DIETTERIC ESQUIRE
Address: JAMES SMITH DIETT RICK & CONNELLY LLP
PO BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
On September 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Mount Holly Springs Borough, Cumberland County, PA,
Known and numbered as, 219 Chestnut Street, Mount
Holly Springs, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: September 22, 2010
By:
Rea Estate Coordin
4or
PRO F OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF
COUNTY OF
Lisa Marie Coyne, Esqi
State aforesaid, being duly swop
Journal, a legal periodical publis.
was established January 2, 1952,
periodical for the publication of
issued weekly in the said County
exactly the same as was printed i
Journal on the following dates,
LVANIA
ss.
re, Editor of the Cumberland Law Journal, of the County and
according to law, deposes and says that the Cumberland Law
ed in the Borough of Carlisle in the County and State aforesaid,
Ind designated by the local courts as the official legal
l legal notices, and has, since January 2, 1952, been regularly
and that the printed notice or publication attached hereto is
the regular editions and issues of the said Cumberland Law
October
and November 5, 2010
Affiant further deposes t
Law Journal, a legal periodical c
matter of the aforesaid notice or
statements as to time, place and
it he is authorized to verify this statement by the Cumberland
general circulation, and that he is not interested in the subject
and that all allegations in the foregoing
of publication are true.
---*'? r
i-
sa Marie Coyne, Edit r
SWORN TO AND SUBSCRIBED before me this
5 day of November, 2010
Notary
NOTARIAL A
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28.2014
CUMBERLAND LAW JOURNAL
Writ No. 2010-4813 Civil
Farmers and Merchants Trust
Company of Chambersburg
vs.
June A. Tate
Atty.: Scott A. Dietterick
ALL that certain lot of ground
situated on the West side of Chestnut
Street in the Borough of Mount Holly
Springs, County of Cumberland and
State of Pennsylvania, bounded and
described as follows:
On the East by Chestnut Street,
on the South by lands now or for-
merly of Jessie L. Blumberg, on the
West by an alley and on the North
by lands now or formerly of Nathan
Nelson, having a frontage of 39 feet
on Chestnut Street and a depth of
180 feet to Alley and having erected
thereon a frame dwelling and garage.
HAVING thereon erected a frame
dwelling house being known and
numbered as 219 Chestnut Street,
Mount Holly Springs, PA 17065.
BEING the same premises which
Charles B. Tate, by Deed dated
December 18, 1990 and recorded
on December 20, 1990 in and for
Cumberland County, in Deed Book
Volume X-34, Page 531, granted and
conveyed unto Charles E. Tate and
June A. Tate, Husband and Wife.
Tax Map No.: 23-32-2336-168.
117
The Patriot-News Co.
X020 Technology Pkwy
Suite 300.
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
Z4e Patr1*otwXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
2010-4813 CNN Term 10/15/10
Farmers and Merchants Trust
Company of Chambersburg 10122110
Vs
June A. Tate -? 10/29110
Atty: Scott A Dletterlck
ALL that certain lot of ground situated ?` t `? _?• p, ,
on the West side of Chestnut Street in the • • • • . • • . • ` h?• - .?' ?•
Borough of Mount Holly Springs, County
of Cumberland and State of Pennsylvania, I
bounded and described as follows: Sworn to a s scribed befo m h' 11 of November, 2010 A.D.
On the East by Chestnut Street, on the
South by lands now or formerly of Jessie
L. Blumberg, on the West by an alley and
on the North by lands now or formerly of ) .___
Nathan Nelson, having a frontage of 39 feet Notary Public _"`\`? '
on Chestnut Street and a depth of 180 feet
to Alley and having erected thereon a frame ?{ OF PENNSYLVANIA I
dwelling and garage. COMMONWEAL
HAVING thereon erected a frame dwelling Notarial Seal
house being known and numbered as 219 Sherrie L Klsrter, Notary Public Chestnut Street, Mount Holly Springs, PA Lower Paxton TwP•, Dauphin County
17065. My CommissW Ekplres Nov. 26, 2011
BEING the same premises which Charles B. Member, PennsYh anla ASSpClatlnn ° Notarler
Tate, by Deed dated December 18, 1990 and
recorded on December 20, 1990 in and for
Cumberland County, in Deed Book Volume
X-34, Page 531, granted and conveyed unto
Charles E. Tate and June A. Tate, Husband
and Wife.
7.- \A.- nrn • ?2_z?_?2z?t Fu