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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGEANNA A. WAGNER and
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA
Plaintiffs
: NO: 2011- 7.7 V6 c "11 7
: CIVIL ACTION - LAW
VS.
STEVEN BROWN,
Defendant
: ACTION IN MORTGAGE
:FORECLOSURE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the com-
plaint for any other relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108 717-249-3166
f If.2. 00 /'Pt _411J'
ae k y w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGEANNA A. WAGNER AND : NO: 2011-
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK ;
COUNTY, PENNSYLVANIA,
Plaintiffs :Civil Acton-Law
vs.
:Action in Mortgage Foreclosure
STEVEN BROWN,
Defendant
COMPLAINT
AND NOW, come the Plaintiffs, Georgeanna A. Wagner and Scott L. Kelley, Esq., by
and through their attorneys, Gates & Gates, P.C., and file the within Complaint wherein the
following is a statement, to wit:
1. Plaintiffs are Georgeanna A. Wagner and Scott L. Kelley, Esquire, Co-Executors of
the Estate of Ray A. Wagner, late of Codorus Township, York County, Pennsylvania.
2. The Defendant is Steven Brown, an adult individual residing at 594 Baltimore Pike,
Gardners, Pennsylvania 17324.
3. On or about March 27, 2009, Defendant executed and delivered a real estate
mortgage in the sum of eighty thousand ($80,000.00) dollars, plus interest, payable to
Plaintiff, a copy of which is attached hereto and marked as Exhibit "A".
4. Said real estate mortgage executed and delivered to Plaintiff/Mortgagee to secure
payment to same is recorded in the Recorder of Deeds Office of Cumberland County,
instrument number 200916427.
5. The land subject to the mortgage comprises two adjoining parcels of property
improved with residential dwellings on each parcel, situated, lying, and being in the Borough
of Gardners, Cumberland County, Pennsylvania, with addresses commonly known as 594
Baltimore Pike, Gardners, Pennsylvania and 596 Baltimore Pike, Gardners, Pennsylvania.
6. The mortgage, with respect to the portions of real estate known as 594 Baltimore
Pike and 596 Baltimore Pike, Gardners, Pennsylvania is in default due to Defendant's failure
to make monthly payments of principal and interest due on March 8, 2011 and thereafter.
7. By the terms of the mortgage, upon default of the payments for a period of one
month, the entire principal and all interest due thereon are collectible.
8. The following amounts are due on the mortgage:
(a) Principal Balance: $ 73,055.27
(b) Interest as of 9/27/11: $ 2,543.31
(c) Late fees: $163.40
(d) Title search fee: $75.00
(e) Attorney fees: $4,000.00
Total: $ 79,836.98
9. Plaintiffs seek the instant action in rem against the Defendant, however, Plaintiffs
reserve the right to bring a separate action in personem if such right exists.
10. Pursuant to the terms of the parties' mortgage, and in compliance with 41 P. S. §
403, Plaintiff sent Defendant Notices of Intent to Foreclose on or about July 29, 2011. See
Exhibit "B".
11. Prior to sending Defendant Notices of Intent to Foreclose, Plaintiffs had sent
Defendant his requisite Act 91 Notice as required by law. See Exhibit "C".
12. No judgment has been entered upon said mortgage in any jurisdiction.
13. Defendant is not a member of the Armed Forces of the United States of America,
nor engaged in any way which would bring him with the Soldiers and Sailors' Relief Act of
1940, as amended.
WHEREFORE, Plaintiffs request the Court to enter judgment of mortgage foreclosure
against the mortgaged properties for the amount set forth above, together with interest thereof,
costs of suit, attorney fees, and all other amounts advanced by Plaintiffs.
Respectfully submitted,
GATES & GATES, P.C.
BY:
zzz?? --
Gregory L. Hollinger, quire
ATTORNEY FOR PLAINTIFF
250 York Street
Hanover, Pennsylvania 17331
(717) 632-4971
PA. I.D.#76061
Date: /0- 12 -//
VERIFICATION
I verify that the statements made in this _ Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904, relating to unsworn falsification to authorities.
? 944.new
George a A. Wagner
Date: /0-/3-/J
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904, relating to unsworn falsification t
Date: CU -13-//
EXHIBIT "A"
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After Recording Return To: 90- 14 ." d f y 3" (3o3 001 DPG
Ray A. Wagner
5282 Sinsheim Road
Spring Grove, PA 17362
[Space Above This Line For Recording Data
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated
together with all Riders to this document. 2009,
(B) "Borrower" is STEVEN L. BROWN, of 767 Latimore Road, York Springs, Pennsylvania 17372.
Borrower is the mortgagor under this Security Instrument.
"Lender" is RAY A. WAGNER, of 6282 Sinsheim Road, Spring Grove, Pennsylvania 17362, Lender
is the mortgagee under this Security Instrument.
(C) "Note" means the Note signed by Borrower and dated MLtA Gl-, 2 -1 209. The
Note states that Borrower owes Lender Eighty Thousand and 001100 Dollars (U.S. $80,'0000.00) plus
interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full
not later than April 8, 2024.
(D) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(E) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(F) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The followin
Riders are to be executed by Borrower [check box as applicable]: g
? Adjustable Rate Rider ? Condominium Rider 0 Second
11 Balloon Rider El Planned Unit Development Rider ? Ot er(sRider
) [Hsp ecify)
? 1-4 Family Rider ? Biweekly Payment Rider
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fi nal,
non appealable judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
other charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(•1) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated b
check, draft, or similar paper instrument, which is initiated. through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
PENNSVINANIA--Single Familv--Fannie Mat/Freddie M11c UNIFORM INS'1-R1;ME\ I'
Form 3039 I/01 lpag¢ 1 oJ'12pagrsJ
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)
for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default
on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in
regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related
mortgage loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to Lender the following described property located in the County of Cumberland
which currently has the address of:
594 Baltimore Pike, Gardners, Pennsylvania 17324 ("Property Address"): and
596 Baltimore Pike, Gardners, Peru'sylvania 17324 ("Property Address")
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and
has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title to the Property against
all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow
Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in
U.S. currency. However, if any check or other instrument received by Lender as payment under the Note
PENNSYLVANIA--Single Family-Fannie Mse/Freddie Mac UNIFORM INSTRUMENT
Form 3039 1/01 (page 2 ofl2pages)
or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent
payments due under the Note and this Security Instrument be made in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note
or at such other location as may be designated by Lender in accordance with the notice provisions in
Section 15. Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to
bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but Lender is not obligated to apply such payments at the time
such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower
makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,
Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Instrument or performing the covenants and agreements
secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such
payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining
amounts shall be applied first to late charges, second to any other amounts due under this Security
Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the full
payment of one or more Periodic Payments, such excess may be applied to any late charges due.
Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts
due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument
as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property,
(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage I urance;
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant
and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 1/01 (page 3 ojl2 poges)
under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to
Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender
can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data
and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the
time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than
12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument, leasehold
payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the
manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in
good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
operate to prevent the enforcement of the lien while those proceedings are pending, but only until such
proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is
subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice
identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien
or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender
requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and
for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can
change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood
zone determination and certification services and subsequent charges each time remappings or similar
changes occur which reasonably might affect such determination or certification. Borrower shall also be
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 4 of/ 2 pages)
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in
connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear
interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon
notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name
Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies
and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required
by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible and Lender's security is not lessened. During such repair and restoration period,
Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such
inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in
a single payment or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall
not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the
sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds
shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-
day period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property
or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
Form 3039 1/01 (pogo 5 ojl2pager)
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a
series of progress payments as the work is completed. If the insurance or condemnation proceeds are
not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall
give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable
cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with the Loan.
Material representations include, but are not limited to, representations concerning Borrower's occupancy
of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property
and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and
rights under this Security Instrument, including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any
sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c)
paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but
is not limited to, entering the Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability
for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a
cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from
an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full,
and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender
can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 6 of/ 2 Mes)
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-
refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any
written agreement between Borrower and Lender providing for such termination or until termination is
required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the
rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses
it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and
may enter into agreements with other parties that share or modify their risk, or reduce losses. These
agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly)
amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage
Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such
agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay
for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect
to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may include the right to receive certain disclosures, to request and obtain cancellation of
the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period. Lender shall have the right to hold such Miscellaneous
Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may pay for the repairs and restoration in a single disbursement or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORMINS'1'RtIMF.NT Form 3039 1/0I (page 7of/2pages)
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third
party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of
action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time
for payment or-modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-
signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under
this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation
fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may
not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
(page 8 vj/2pages)
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with the
Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower
which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such
refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be
deemed to have been given to Borrower when mailed by first class mail or when actually delivered to
Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to
all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the
Property Address unless Borrower has designated a substitute notice address by notice to Lender.
Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure
for reporting Borrower's change of address, then Borrower shall only report a change of address through
that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first
class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given
to Lender until actually received by Lender. If any notice required by this Security Instrument is also
required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement
under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is.the transfer of title by Borrower at a future date to a
purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 9 of/ 2 Me)
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails
to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for
the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and
(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times without prior
notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that
collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage
loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrower will be given written notice of the change which will state the name and address
of the new Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
the other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup"
includes any response action, remedial action, or removal action, as defined in Environmental Law; and
PENNSYLVANIA--Single Family-Fannk Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 10 of 17mes)
(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shalt not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation
of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value
of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation of
any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) the action required to cure the default;
(c) when the default must be cured; and (d) that failure to cure the default as specified may result
in acceleration of the sums secured by this Security Instrument, foreclosure by judicial
proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate
after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not
cured as specified, Lender at its option may require immediate payment in full of all sums secured
by this Security Instrument without further demand and may foreclose this Security Instrument by
judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided In this Section 22, including, but not limited to, attorneys' fees and costs of
title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security
Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender
shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender
may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party
for services rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any
error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any
present or future laws providing for stay of execution, extension of time, exemption from attachment, levy
and sale, and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to
one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent
to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 wl (jvSa // 12 f pages)
judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from
time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
51- - °` h`?- (Seal)
Steven L. Brown - Borrower
[Space Below This Line For Acknowledgment]
COMMONWEALTH OF PENNSYLVANIA County ss:
On this, the 9 7 day of 2009, before me, the undersigned officer,
personally appeared Steven L. Brown known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and acknowledged that he executed the
same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires: ---? , _
4LT. I OF PEW)SYtVANIW I D - -
p ..c s atarypd* Title of Officer
kt&ty
t 2Q,.?.?,(,S
"/!ember, rsnr.z;yiv6 Ii- A,3sociation of tvo4de3
I do hereby certify that the precise place of residence of the within named mortgagee is
5282 Sinsheim Road, Spring Grove, Pennsylvania 17362
Date: 10_)'-LK
Attorney/Agent for Mortgagee
PENNSYLVANIA-Single Family--Fannie Maefteddle Mac UNIFORM INSTRUMENT
Form 3039 1101 (page 12 af1apages)
EXHIBIT "A"
PARCEL NO. 40-14-0142-003
ALL that certain lot of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bound and described in accordance with a subdivision plan prepared by Stephen
G. Fisher, RS dated January 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 34, Page 60, as follows:
BEGINNING at a point, the intersection of the Carlisle Hanover Turnpike, Pa Route 94
and other land of Gene Smyth; thence in a southerly direction by the line of Carlisle Hanover
Turnpike, Pa Route 94 South 06 degrees 03 minutes 10 seconds East, a distance of 94.49 feet to
an iron pin; thence along said Pa Route 94 South 06 degrees 58 minutes 50 seconds East, a
distance of 75.01 feet to an iron pin; thence along said l'a Route 94 South 7 degrees 24 minutes
35 seconds East, a distance of 10.30 feet to an iron pin; thence South 65 degrees 46 minutes 10
seconds West, a distance of 137.35 feet to an iron pin at corner of other lands of Gene Smyth;
thence along said lands now or formerly of'Gene Smyth North 04 degrees 00 minutes East, a
distance of 205.93 feet to an iron pin; thence along lands now or formerly of Gene Smyth, South
86 degrees 29 minutes 30 seconds East a distance of 43.70 feet to an iron pin; thence still along
lands now or formerly of Gene Smyth North 55 degrees 27 minutes 33 seconds East, a distance
of 56.89 feet to an iron pin, the place of BEGINNING.
CONTAINING 20,006 square feet and known as Lot No 2 on a Plan for Mary R. Smyth
and identified as 594 Baltimore Pike.
PARCEL NO. 40-14-0142-003 A
ALL that certain lot of land situate in South Middleton Townsl-iip, Cumberland County,
Pennsylvania, bound and described in accordance with a Subdivision Plan prepared byStephen
G.Fishr, RS dated January 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 34, Page 60, as follows:
BEGINNING at an iron pin located at the intersection of the southern boundary of the
Appalachian Trail and western right of way line of Pa Route 94, LR 342; thence along said right
of way line of Pa Route 94 South 5 degrees 00 minutes East, a distance of 61.44 feet to an iron
pin; thence along same right of way line South 6 degrees 3 minutes 10 seconds East, a distance of
55.55 feet to an iron pin; thence by lands now or formerly of Gene Smyth South 55 degrees 27
minutes 33 seconds West, a distance of 56.89 feet to an iron pin; thence along the same North 86
degrees 29 minutes 30 seconds West, a distance of 43.70 feet to an iron pin; thence along the
same South 4 degrees 00 minutes West, a distance of 205.93 feet to an iron pin at the lands now
or formerly of Gene Smyth and lands now or formerly of George E. McNees; thence along said
lands now or fonnerly of George E. McNees South 65 degrees 46 minutes 10 seconds West, a
distance of 35.56 feet to an iron pipe; thence along the same North 30 degrees 52 minutes 10
seconds West, a distance of 145.05 feet to an iron pipe located on the southern side of the
Appalachian Trail; thence by lands now or fonnerly of T.A. Tichy and Appalachian Trail North
39 degrees 41 minutes 30 seconds East, 313.91 feet to an iron pin, being the place of'
BEGINNING.
CONTAINING 25,558.9 square fcet and known as Lot No 1 on a Plan for Mary R.
A 3 • t Cl-,- I SQA Rnltimnre Pike
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200916427
Recorded On 5119/2009 At 11:08:26 AM
* Instrument Type - MORTGAGE
Invoice Number - 43897 User ID - KW
* Mortgagor - BROWN, STEVEN L
* Mortgagee - WAGNER, RAY A
* Customer - A TO Z ABSTRACT SERVICES
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $29.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $20.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $76.50
* Total Pages - 14
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
C
RECORDER O
/D&S
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
001DPG
III
NOTE
March 27, 2009 York Pennsylvania
[Date] [City] [State)
596 Baltimore Pike, Gardners, Pennsylvania 17324
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $80,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is Ray A. Wagner, of 5282 Sinsheim Road,
Spring Grove, Pennsylvania 17362. I will make all payments under this Note in the form of cash, check or
money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by
transfer and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 5.50%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 8th day of each month beginning on May 8, 2009. I will make
these payments every month until I have paid all of the principal and interest and any other charges described
below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to interest before Principal. If, on April 8, 2024, 1 still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 5282 Sinsheim Road, Spring Grove, Pennsylvania 17362 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $653.67.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal
only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am
doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under
the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to
those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The
Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a
direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page l oJ3 pages)
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 5 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00%
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late
payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of
Principal which has not been paid and all the interest that I owe on that amount. That date must be at least
30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
- - " - - - - - - -Unless-aPP --ticablb-raw feq "uifes a-different method --an--y- noti_ -ce thatmi u_st _ be gi " i -ve en- to- __ me_ -_._un_d- "erth- it-_ is- Note--- -- _ - ---
will be given by delivering it or. by mailing it by first class mail to me at the Property -Address above or at a
different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the
promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may be required to pay all of the amounts
owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice
of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if
I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 2 of3 pages)
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
1_1_?` (Seal)
Steven L. Brown - Borrower
(Seal)
- Borrower
(Seal)
- Borrower
[Sign Original Only]
MULTISTATE FIXED RATE NOTE-Single Family--Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1/01 (page 3 of3 pages)
EXHIBIT "B"
f .454
- GATES&GATESa
TRIAL ATTORNEYS
Samuel A. Gates, Esq. Gregory L. Hollinger, Esq.
Kevin G. Robinson, Esq. Jonathan W. Chatham, Esq. Rachel L. Gates, Esq.
Samuel K. Gates, Esq. (retired)
July 29, 2011
Steven L. Brown
594 Baltimore Pike
Gardners, PA 17324
Re: Property at 594 & 596 Baltimore Pike, .Gardners, PA 17324
Dear Mr. Brown:
Please be advised that I continue to represent the Estate of Ray A. Wagner concerning the
above-referenced properties.
On July 27, 2011, I received a phone call from Jen Pfister of Jack Gaughen Realty who
indicated that she is your real estate agent. She conveyed your request that I provide you with
amounts you are required to pay in order to either cure the current default or payoff your
obligation under the note and mortgage secured by the above-referenced properties.
Those calculations are as follows:
PAYOFF:
Principal Balance $ 73,055.27
Interest due through 7/31/11 1,904.73
(173 days @ $11.01 per day)
Late charges 163.40
Attorney fees 1,000.00
Title search fee 75.00
Total payoff through 7/31/2011 $ 76,198.40
? 250 York Street, Hanover, Pa. 17331 ? (717) 632-4971 ? fax (717) 632-2243
Steven L. Brown
July 29, 2011
Page 2 of ,2
CURE DEFAULT:
Payments owed for the months of 3/8/11; $ 3,268.35
4/8/11;,5/8/11; 6/8/11 and 7/8/11 Q $653.67
per month
Interest due through 7/31/11 253.23
(23 days @ 11.01 per day)
Late charges 163.40
Attorney fees 13000.00
Title search 75.00
Total payment to cure default $ 4,759.98
I welcome your call should you have any questions.
Best Regards;
CVV, cR afar AC.
Gregory L. Ho nger, Esq.
GLH/cros
NOTICE: THIS IS ANA TTEMPT TO COLLECTA DEBTANDANYINFORMATION
OBTAINED WILL. BE USED FOR THAT PURPOSE.
+ 250 York Street, Hanover, Pa. 17331 + (717) 632-4971 + fax (717) 632-2243 +
EXHIBIT "C"
- i
GATES &.GATESa
TRIAL ATTORNEYS
Samuel A. Gates, Esq. Gregory L. Hollinger, Esq.
Kevin G. Robinson, Esq. Jonathan W. Chatham, Esq. Rachel L. Gates, Esq.
Samuel K. Gates, Esq. (retired)
June 23, 201.1
Steven L. Brown
594 Baltimore Pike
Gardners, PA 17324
Re: Property at 596 Baltimore Pike, Gardners, PA 17324
Dear Mr. Brown:
Please be advised our, office represents the Estate of Ray A. Wagner with respect
to the above-referenced property. Enclosed please-find the Act 91 Notice required by law
to be sent to you in advance of the initiation of any legal proceedings by. the Estate of Ray
A. Wagner with respect to. the mortgage secured by the' property at 594 and 596
Baltimore Pike, Gardners, Pennsylvania.
THIS IS AN -ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
FEDERAL LAW GIVES YOU THIRTY (30) DAYS AFTER YOU RECEIVE THIS LETTER TO
DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. IF YOU DO NOT DISPUTE
IT WITHIN THAT PERIIOD, I WILL ASSUME THAT IT IS VALID. IF YOU DO DISPUTE IT -
BY NOTIFYING ME IN WIRITING TO THAT EFFECT - I WILL, AS REQUIRED BY LAW,
OBTAIN AND MAIL TO YOU PROOF OF THE DEBT. IF, WITHIN THE SAME PERIOD, YOU
REQUEST IN WRITING THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF THE
ORIGINAL CREDITOR IS DIFFERENT FROM THE CURRENT CREDITOR (RAY A. .-
WAGNER C/O THE ESTATE OF RAY A. WAGNER), I WILL FURNISH YOU WITH THAT
INFORMATION TOO.
IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR
RECEIPT OF THIS LETTER, THE LAW REQUIRES ME TO SUSPEND MY EFFORTS TO
COLLECT THE DEBT UNTIL I MAIL THE REQUESTED INFORMATION TO YOU.
Best Regards;
Gregory L..H nger, Esq.
Enclosure
Via Certified Mail
? 250 York Street, Hanover, Pa. 17331 ? (717) 632-4971 ? fax (717) 632-2243
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GEORGEANNA A. WAGNER and
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs
NO: 2011-7746
Amount: $80,552.63
Interest: $1,673.52 from 12/02/2011 to
05/01/2012 per diem $11.01
Writ Total: $82,226.15
VS.
-ta co 4
STEVEN BROWN :'tZx Defendant
r--:. w C?' o
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: '? vas
The undersigned hereby certifies that the below does not arise out of a retail installmerTlale?rir aci ubl
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding f led
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. ,
PRAECIPE FOR EXECUTION
Issue writ of attachment fo the Sheriff of Cumberland County, for debt, interest and costs upon the following
described property of the defendant
1. 594 Baltimore Pike
Gardners, PA 17324 and
2. 596 Baltimore Pike
Gardners, PA 17324
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 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 in the possession, custody or control of the said garnishee.
Date Z-
$o1g .50 Pfd A'Tt-y
34.yy CBF
9a . Oo is
N-00
o2.5o N
117 1,.4y p? pay
02 1&4
P-4.2 943'98
Signature:.
Gregory L. Hollin r
250 York Street
Hanover, PA 17331
Attorney for Plaintiff
717-632-4971
Pa. I.D.#76061
#a.as 1?raeCo
5a L1.
PE wrii
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GEORGEANNA A. WAGNER and : NO: 2011-7746
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs
VS.
STEVEN BROWN,
Defendant
CIVIL ACTION - LAW .a3
_. ` ;
Z
ACTION IN MORTGA ca
,
:FORECLOSURE
-
I>C C3
AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1
Georgeanna A. Wagners and Scott L. Kelley, Esquire, Co-Executors of the State of Rayk
Wagner, Plaintiffs in the above captioned 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 594 Baltimore Pike,
Gardders, Pennsylvania 17324, and 596 Baltimore Pike, Gardners, Pennsylvania 17324:
Description of Real Property Attached Hereto as Exhibit "A"
1. Name and address of owner:
Steven Brown, 594 Baltimore Pike, Gardners, Pennsylvania 17324.
2. Name and address of Defendant in the judgment:
Steven Brown, 594 Baltimore Pike, Gardners, Pennsylvania 17324.
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name:
Address:
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
5. Name and address of ever other person who has any record lien on the property:
Name:
Address:
Tracy Smith Gettle & Veltri
Jeffery A. Gettle, Esquire
13 East Market Street
York, PA 17401
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by this sale:
Name: Address:
Nicole Benner Mid Penn Legal Services
Joanne H. Clough, Esquire
401 E. Louther St. Ste. 103
Carlisle, PA 17013
Tax Claim Bureau 1 Courthouse Square
Old Courthouse Rm 106
Carlisle, PA 17013
7. Name and address of every other person of whom Plaintiffs have knowledge who have any
interest in the property which may be affected by the sale:
Name:
Tenants/Occupants
Address:
594 Baltimore Pike
Gardners, Pa 17324
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
596 Baltimore Pike
Gardners, Pa 17324
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
110 North 8"' Street
Suite #204
Philadelphia, PA 19107
6' Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Internal Revenue Service Advisory
Domestic Relations
Cumberland County
U.S. Department of Justice
U.S. Attorney for the Middle District
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
P.O. Box 320
Carlisle, PA 17013
Federal Building, P.O. Box 11754
228 Walnut Street
Harrisburg, PA 17108
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.A. § 4904 relating to unsworn falsification to authoriti s.
Date: ?(- 2 7 - /Z- i 6
Gregory L. Holli er
Attorney for Pl ntiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGEANNA A. WAGNER and
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs
vs.
STEVEN BROWN,
Defendant
: NO: 2011-7746
rn to
CIVIL ACTION - L z
x,
ACTION IN MORTG74GF??,..;
:FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following
facts, to wit:
(a) that the defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of
1940, as amended.
(b) that defendant STEVEN BROWN, is over 18 years of age and resides at 594
BALTIMORE, PIKE, GARDNERS, PENNSYLVANIA 17324.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities
r?
Gregory L. H inger, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GEORGEANNA A. WAGNER and : NO: 2011-7746
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs : CIVIL ACTION - LAW
3
VS. b
? _
STEVEN BROWN, : ACTION IN MORTG ? ter:?
Defendant :FORECLOSURE
AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANT- -^
The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, the last known mailing address of
Defendant is:
594 Baltimore Pike
Gardners, PA 17324
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities
Gregory L. Hol ' ger, Esqu' e
Attorney for Plaintiff
GATES & GATES P.C.
Gregory L. Hollinger, Esquire
Attorney for Plaintiff
250 York Street
Hanover, PA 17331
717-632-4971
PA I.D. #76061
GEORGEANNA A. WAGNER and
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs
vs.
STEVEN BROWN,
Defendant
DATE:
t3
c
rr, S.
w CQ
COURT OF CON9N E= }
CUMBERLAND CQQ J FY
: NO: 2011-7746
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Steven Brown
PROPERTY: 594 Baltimore Pike, Gardners, PA 17324 and
596 Baltimore Pike, Gardners, PA 17324
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff's Sale on September 5, 2012
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. Our records indicate that
you may hold a mortgage or judgments and liens on, and/or other interests in the property which
will be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than
thirty (30) days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing of the schedule.
EXHIBIT "A"
PARCEL NO. 40-14-0142-003
ALL that certain lot of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bound and described in accordance with a subdivision plan prepared by Stephen
G. Fisher, RS dated January. 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 34, Page 60, as follows:
BEGINNING at a point, the intersection of the Carlisle Hanover Turnpike, Pa Route 94
and other land of Gene Smyth; thence in a southerly direction by the line of Carlisle Hanover
Turnpike, Pa Route 94 South 06 degrees 03 minutes 10 seconds East, a distance of 94.49 feet to
an iron phi; thence along said Pa Route 94 South 06 degrees 58 minutes 50 seconds East, a
distance of 75.01 feet to an iron pin; thence along said Pa Route 94 South 7 degrees 24 minutes
35 seconds East, a distance of 10.30 feet to an iron pin; thence South 65 degrees 46 minutes 10
seconds West, a distance of 137.35 feet to an iron pin at corner of other lands of Gene Smyth;
thence along said lands now or formerly of Gene Smyth North 04 degrees 00 minutes East, a
distance of 205.93 feet to an iron pin; thence along lands now or formerly of Gene Smyth, South
86 degrees 29 minutes 30 seconds East a distance of 43.70 feet to an iron pin; thence still along
lands now or formerly of Gene Smyth North 55 degrees 27 minutes 33 seconds East, a distance
of 56.89 feet to an iron pin, the place of BEGINNING.
CONTAINING 20,006 square feet and known as Lot No 2 on a Plan for Mary R. Smyth
and identified as 594 Baltimore Pike.
PARCEL NO. 40-14-0142-003 A
ALL that certain lot of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bound and described in accordance with a Subdivision Plan prepared byStephen
G.Fishr, RS dated January 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 34, Page 60, as follows:
BEGINNING at an iron pin located at the intersection of the southern boundary of the
Appalachian Trail and western right of way line of Pa Route 94, LR 342; thence along said right
of way line of Pa Route 94 South 5 degrees 00 minutes East, a distance of 61.44 feet to an iron
pin; thence along same right of way line South 6 degrees 3 minutes 10 seconds East, a distance of
55.55 feet to an iron put; thence by lands now or formerly of Gene Smyth South 55 degrees 27
minutes 33 seconds West, a distance of 56.89 feet to an iron pin; thence along the same North 86
degrees 29 minutes 30 seconds West, a distance of 43.70 feet to ail iron pin; thence along the
same South 4 degrees 00 minutes West, a distance of 205.93 feet to an iron pin at the lands now
or formerly of Gene Smyth and lands now or formerly of George E. McNew; thence along said
lands now or formerly of George E. McNew South 65 degrees 46 minutes 10 seconds West, a
distance of 35.56 feet to an iron pipe; thence along the same North 30 degrees 52 minutes 10
seconds West, a distance of 145.05 feet to an iron pipe located on the southern side of the
Appalachian Trail; thence by lands now or formerly of T.A. Tichy and Appalachian Trail North
39 degrees 41 minutes 30 seconds East, 313.91 feet to an iron pin, being the place of
BEGINNING:
CONTAINING 25,553.9 square fcet and known as Lot No 1 on a Plan for Mary R.
Smyth and identified-as-596 Baltimore Pike
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-7746 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GEORGEANNA A. WAGNER and SCOTT L.
KELLEY, ESQUIRE, co-executors of the ESTATE OF RAY A. WAGNER, late of Codorus
Township, York County, PA, Plaintiff (s)
From STEVEN BROWN
(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: $80,552.63 L. L.: $.50
Interest from 12/2/11 to 5/1/12 per diem $11.01 -- $1,673.52
Atty's Comm: °% Due Prothy: $2.25
Atty Paid: $176.44 Other Costs:
Plaintiff Paid:
Date: 5/3/12
David D. B Il, Prothonotarv
(Seal) 1417.
Deputy
REQUESTING PARTY:
Name: GREGORY L. HOLLINGER, ESQUIRE
Address: GATES & GATES, PC
250 YORK STREET
HANOVER, PA 17331
Attorney for: PLAINTIFF
Telephone: 717-632-4971
Supreme Court ID No. 76061
SHERIFF'S OFFICE OF CUMBERLAND COUNTY'
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
;). t1 ' :'i ~. l`G €idlt,l~~t't. '! 1~ I'~l'~, 1. i~~t^k~ .. ~ .
,~ -- s
t<~
i`"'2 ~11~ 29 tti~ ~~
= P~~W!i5~'~.~'~;~~P~~
Georgeanna A Wagner (et al.)
Case Number
vs. 2011-7746
Steven Louise Brown
SHERIFF'S RETURN OF SERVICE
06/22/2012 02:52 PM -Deputy Michael Garrick, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 594 Baltimore Pike, Gardners, PA 17324, Cumberland County.
06/22/2012 02:52 PM -Deputy Michael Barrick, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titlE:d action,
upon the property located at 596 Baltimore Pike, Gardners, PA 17324, Cumberland County.
06/25/2012 05:18 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Steven Louise Brown at 596 Baltimore Pike, South Middleton, Gardners, PA 17342, Cumberland County.
08/02!2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,123.50
August 24. 2012
SO ANSWERS,
`"°_
RONNY R ANDERSON. SHERIFF
~ ~~
~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GEORGEANNA A. WAGNER and : NO: 2011-7746
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs :CIVIL ACTION - L.AVd
vs.
STEVEN BROWN, :ACTION 1N MORTGAGE
Defendant :FORECLOSURE
AFFIDAVIT PURSUANT TO PA. R.C.P'. 3129.1
Georgeanna A. Wagners and Scott L. Kelley, Esquire, Co-Executors of the State of Ray A.
Wagner, Plaintiffs in the above captioned 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 X94 Baltimore Pike,
Garnders, Pennsylvania 17324, and 596 Baltimore Pike, Gardners, Pennsylvania 17324:
Description of Real Property Attached Hereto as Exhibit "A"
1. Name and address of owner:
Steven Brown, 594 Baltimore Pike, Gardners, Pennsylvania 17324.
2. Name and address of Defendant in the judgment:
Steven Brown, 594 Baltimore Pike, Gardners, Pennsylvania ] 7324.
3. Name and address of every judgment creditor whose judgment is a record lien on the real
properly to be sold:
Name:
Address:
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
5. Name and address of ever other person who has any record lien on the propen:y:
Name: Address:
Tracy Smith Gettle & ~leltri
Jeffery A. Gettle, Esquire
13 East Market Street:
York, PA 17401
6. Name and address of every other person who has any record interest in the property and whose
interest may be: affected by this sale:
Name: Address:
Nicole Benner Mid Penn Legal Services
Joanne H. Clough, Esquire
401 E. Loather St. Ste. 103
Carlisle, PA 17013
Tax Claim Bureau 1 Courthouse Square
Old Courthouse Rm l 06
Carlisle, PA 17013
7. Name and address of every other person of whom Plaintiffs have knowledge who have any
interest in the property which may be affected by the sale:
Name: Address:
Tenants/Occupants
594 Baltimore Pike
Gardners, Pa 17324
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
596 Baltimore Pike
Gardners, Pa 17324
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 1710'
110 North 8~' Street
Suite #204
Philadelphia, PA 19107
6`'' Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Internal Revenue Service Advisory
Domestic Relations
Cumberland County
U.S. Department of Justice
U.S. Attorney for the Middle District
Willow Oak Building;
P.O. Box 8486
Harrisburg, PA 17105
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128
1000 Liberty Avenue Room 704
PittsburgYr, PA 15222
P.O. Box 320
Carlisle, I'A 17013
Federal Building, P.O. Box 11754
228 Walnut Street
Harrisburg, PA 17108
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.A. § 4904 relating to unsworn falsification to authorities.
Date:_ ~- 2 7 - /Z ~?j _ _
Gregory L. Holli er
Attorney for Pl ntift~
GATES & GATES P.C.
Gregory L. Hollinger, Esquire
Attorney for Plaintiff
250 York Street
Hanover, PA 17331
717-632-4971
PA I.D. #76061
GEORGEANNA A. WAGNER and
SCOTT L. KELLEY, ESQUIRE,
CO-EXECUTORS OF THE ESTATE
OF RAY A. WAGNER, LATE OF
CODORUS TOWNSHIP, YORK
COUNTY, PENNSYLVANIA,
Plaintiffs
vs.
COURT OF COMMC)N l?LEAS
CUMBERLAND C01:1N'TY
NO: 2011-7746
STEVEN BROWN,
Defendant
DATE:
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Steven Brown
PROPERTY: 594 Baltimore Pike, Gardners, PA 17324 and
_596 Baltimore Pike, Gardners, PA 17324
IMPROVEMF,NTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff s Sale on Sepl:ember 5, 2012
at 10:00 a.m. in the Commissioner's Hearing Room located on the 2"a Floor of tl7e Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that
you may hold a mortgage or judgments and liens on, and/or other interests in the property which
will be extinguished by the sale. You may wish to attend the sale to protect your :interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than
thirty (30) days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing of the schedule.
~~,/
EXHIBIT "A"
PARCEL NO. 40-14-0142-.003
~t
~-.LL that certain lot of land situate in South Middleton Township, Cummberland Cow~ty,
Pennsylvania, bound and described in accordance with a subdivision plan prepared by Stephen
G. Fisher, RS dated January. 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Boolc 34, Page 60, as follows:
)3LG1Nl'~lll'~C at a point, the intersection of the Carlisle Hanover Turnpike, Pa Route 94
and other land of Gene Sim.yth; thence in a southerly direction by the line of Carlisle Hanover
Turnpike, Pa Route 94 South 06 degrees 03 minutes lU seconds East, a distance of 94.49 feet to
an iron pin; thence along said 1'a Route 9~ South 06 degrees SS minutes 50 seconds East, a
distance of ?5.01 feet to an iron pin; thence along said 1'a Route 94 South 7 degx'ees 24 »:iinutes
3S seconds Fast, a distance of 10.30 feet to an iron piri; tlience South 65 degrees 4G niinutcs 10
seconds West, a distance of 137.35 feet to an iron pin at conger of other lands of Gene >n~yth;
thence along said lands now or formerly of Gene Smyth North 04 degrees 00 minutes ;East, a
distance of 205.93 feet to an iron pin; thence along lands notiv or formerly of Gene Sznyth, South
86 degrees 29 minutes 30 seconds East a distance of 43.70 feet to an iron pin; thence stir;!. along
lands now or fornerly of Gene Smyth 1`Torth 5S degrees 27 minutes 33 seconds Fast, a distance
of 56,89 feet to an iron pin, the place of BJCGZI~t1~tIATG.
COl'yTA.]LNl'1~1G 20,006 square feet and known as Lot T1o 2 on a Plan for Mary R. Smyth
and identified as 594Baltitnore Pike.
PARCEL NO. 40-14-0142-003 A
AT.~L that certain lot of laird situate in South Middleton Townslvp, Cumberland County,
Pennsylvania, bound and described in accordance rvitli a Subdivision Plan prepared Uy~itephen
G.Fishr, RS dated January 2, 1977 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Boolc 34, Fage 60, as follows:
k3JCGll~II~TI"T°fG at an iron pin located at the intersection of the southern boundary of the
Appalachian TFai1 and western right of tivay line of Pa Route 94, LR 342; thence along said right
of way line of Pa Route 94 South 5 degrees 00 minutes East, a distance of 61.44 feet to an iron
pin; thence along same right of way line South 6 degrees 3 minutes 10 seconds East, a distance of
55.55 feet to an iron pug; thence by lands n.ow or formerly of Gene Smyth South 55 degrees 27
minutes 33 seconds West, a distance of 56.$9 feet to an iron pin; thence along the same 1\foi~}i 86
degrees 29 minutes 30 seconds West, a distance of 43.70 feet to an iron pin; thence along the
same South 4 degrees 00 minutes West, a distance of 20593. feet to an iron pin at the lands now
or formerly of Gene Smyth and lands now or formerly of Geoi:ge E. McNew; thence along said
lauds now or fonnerly of George E. McNew South 65 degrees 46 minutes 10 seconds West, a
distance of 35.56 feet to an iron pipe; thence along the same North 30 degrees 52 mu~~utes 10
seconds, West, a distance of 145.05 feet to an iron pipe located on the southern side: of the
Appalachian Trail; thence by lands now or fonnerJy of T.f1. Tichy and Appalachian Trait North
39 degrees 41 minutes 30 seconds East, 313.91 #eet to an iron. pin, being the g:~lace of
J3L' Gll~1IY~N G'.
~COI*TTAJ[l'T][I'~C< 25,558.9 square fret and known as Lot No 1 ai a Plan for 1`/Iary R..
Smyth and identified -as -596 Baltimore Pike
WRIT OF EXECU'T'ION and/or AT'TACHMF,N'T
COMMONWEALTI-, OF PENNSYLVANIA)
Ct>UN'TY OF CUMBERLAND)
NO. I1-7746 Civil
CIVIL ACTION , LA.W
~I'(.l THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GEORGEANNA A. WACNER and SCOTT L.
KELLF,Y, ESQUIRE, co-executors of the ESTATE OF RAY A. WACNER, late of Codorus,
Township, York County, PA, Plaintiff (s)
From STEVEN BROWN
(l) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
~? } Yoi~ are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
ar~d to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishees} is enjoined from
haying any debt to or for the account of the defendant (s) and from delivering a.ny property of the det=~ndant
(s} or otherwise disposing thereof;
(~ j If property of the defendant(s) not levied upon an subject to attachment is found in the possession
oi~ 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: 580,552.63 L.L.: 5.50
Interest from 12/2/1] to 511/12 per diem $11.01 -- 51,673.52
Atty's Comm: % Due Prothy: 52.25
Atty Paici: 5176.44 Other Costs:
Plaintiff Paid:
Date: 5/3/12
David D. Bt ell, Protho~t
(Seal] ~ ~.J~-, ~r°i-_
Deputy
REQUESTING PARTY:
Name: GREGORY L. HOLLINGER, ESQUIRE
Address. GATES & GATES, PC TRUE COF1r FROM t~ECORD
250 YORK STREET ~a~ ~I ~L~~~~
HANOVER, PA 17331 Th1~ ~~q,p/ zp1~._
~'_ • ~
Auorne~ for: PLAINTIFF ~(~.~. 1~
Telephone: 717-632-4971 (~..~
Supreme Court ID No. 76061
On May 22, 2U 1.2 the 5her~ 1~ ~e~ ~e~i L~~u~~ tht
defendant's interest in the real propert~~ situated ~r~
South Middleton ~hownship, ~, ~~.~mberia~~~~d ~_'ount~~, ~~~r'~S
Known and numbered as, ~~~~~ arc ~t~f~ Baltimore 1'il~e.
Gardners, more fully descry bed ~::~~ s
Exhibit "A" filed. with this w~~ii ai~~ 1~~-~r ~:his refere~l~;~°
incorporated herein.
Date: May 22, 2U l 2
°~-
.~- ,,
,.
~eai lstate ~.~-oor~lnatc~~
lei ~atrnr i ~ , ~a~+aars 's+~
,~ ,~ in lxwa lmea is ~r» t~
,.,.~.~.~. ~ ~...~..~....,,,.....,1o,~b...,......,, ~~
CUMBERLAND LAW JOURNAL
Writ No. 2011-7746 Civil Term
Georgeanna A. Wagner,
Co-Executor of the Estate of
Ray A. Wagner, Late
Scott L. Kelley, Co-Executor of the
Estate of Ray A. Wagner, Late
vs.
Steven Louise Brown
Atty.: Gregory L. Hollinger
All parties in interest and Claim-
antsare hereby notified that a Sched-
ule of Distribution will be filed by the
Sheriff on or before October 5, 2012
that distribution will be made in ac-
cordance with said schedule unless
exceptions are filed thereto within ten
(10) days thereinafter.
As Soon as the property is
knocked down to a purchaser, 10%
of the purchase price or all costs
whichever may be higher shall be
delivered to the Sheriff. If the 10%
payment is not made as requested,
the Sheriff will direct the auctioneer
to resell the property. The balance
due shall be paid to the Sheriff by
NOT LATER THAN Friday, September
21, 2012 at 12:00 Noon, prevailing
time, otherwise all money previously
paid will be forfeited and the property
will be resold on September 26, 2012
at 10:00 A.M., prevailing time in the
Cumberland. County Sheriffs Office,
Court House, Carlisle, PA.
ALL that certain lot of land situ-
ate in South Middleton Township,
Cumberland County, Pennsylvania,
bound and described in accordance
with a subdivision plan prepared by
Stephen G. Fisher, RS dated Janu-
ary,2, 1977 and recorded in the Office
of the Recorder of Deeds for Cumber-
land County in Plan Book 34, Page
60, as follows: BEGINNING at a
point, the intersection of the Carlisle
Hanover Turnpike, Pa Route 94 and
other land of Gene Smyth; thence in
a southerly direction by the line of
Carlisle Hanover Turnpike, PA Route
94 South 06 degrees 03 minutes 10
seconds East, a distance of 94.49 feet
to an iron pin; thence along said Pa
Route 94 South 06 degrees 58 min-
utes 50 seconds East, a distance of
75.01 feet to an iron pin; thence along
said PA Route 94 South degrees 24
minutes 35 seconds East, a distanc<°
of 10.30 feet to an iron pin;thence
South 65 degrees 46 minutes 10
seconds West, a distance of 137.3:1
feet to an iron pin at corner of other
lands of Gene Smyth; thence along;
said lands now or fornerly of Gene
Smyth North 04 degrees 00 minute:;
East, a distance of 205.93 feet to ari
iron pin; thence along lands now or
formerly of Gene Smyth, South 8(i
degrees 29 minutes 30 seconds East
a distance of 43.70 feet to an iron
pin; thence still along lands now or.
formerly of Gene Smyth North 5;i
degrees 2 minutes 33 seconds East,
a distance of 56.89 feet to an iron pin,
the place of BEGINNING. CONTAIN-
ING 20,006 square feet and Imown as
Lot No 2 on a Plan for Mary R. Smyth
and identified as 594 Baltimore Pike.
PARCEL NO. 40-14-0142-003
and
40-14-0142-003A
ALL that certain lot of land situ-
ate in South Middleton Township,
Cumberland County, Pennsylvania,
bound and described in accordanc~°
with a Subdivision Plan prepared by
Stephen G.Fisher, RS dated Januar/
2, 1977 and recorded in the Office of
the Recorder of Deeds for Cumberla-
land County in Plan Book 34, Page
60, as follows:
BEGINNING at an iron pin located
at the intersection of the southern
boundary of the Appalachian Trail
and western right of way line of P;~
Route 94, LR 342; thence along
said right of way line of Pa Route 94
South 5 degrees 00 minutes East,
a distance of 61.44 feet to an iron
pin; thence along same right of way
line South 6 degrees 3 minutes 1(?
seconds East, a distance of 55.5:1
feet to an iron pin; thence by lands
31
CUMBERLAND LAW JOURNAL
now or formerly of Gene Smyth South
55 degrees 27 minutes 33 seconds
West, a distance of 56.89 feet to an
iron pin; thence along the same North
86 degrees 29 minutes 30 seconds
West, a distance of 43.70 feet to
an iron pin; thence along the same
South 4 degrees 00 minutes West, a
distance of 205.93, feet to an iron pin
at the lands now ,or formerly of Gene
Smyth and lands now or formerly of
George E. McNew; thence along said
lands now or formerly of George E.
McNew South 65 degrees 46 minutes
10 seconds West, a distance of 35.56
feet to an iron pipe; thence along the
same North 30 degrees 52 minutes
10 seconds West, a dis tance of
145.05 feet to an iron pipe located on
the southern side of the Appalachian
Trail; thence by lands now or formerly
of 'C.A. Tichy and Appalachian Trail
North 39 degree. 41 minutes 30
seconds East, 313.91 feet to an iron
pin, being the place of BEGINNING
CONTAINING 25,558.9 square feet
and Known as Lot No 1 on a Plan for
Mary R. Smyth and identified as 596
Baltimore Pike.
32
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COIINTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
.Journal. on the following dates,
viz:
July 27 and August 3, 2012
Affiant further deposes that he is authorized to verify this statement by the Cumberland.
Law .lournal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
_.. ` ~?
~'--~Yw'`- ,,.`
Li a Marie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
3 day August, 2012
.r' ~,~ ..
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORL'UGH, CUMBERLAND COON ~ ~'
My Canimiss~cn Expires Aar 2f;. 2014
The Patriot-News Co.
2020 Techr~o~iogy Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
c~he~latriot•11ews
Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain.. being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy; Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that. all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/27/12
08/03/12
(. _
r 08/10/12
.y ~~~~ y
~ _
r
Sworn to and'srfbsq{bed befoFe me is 17,day,~ti4ugust, 2012 AD:
.-
;,, "
\ t _ f ~' , Notate P ~_.~-_.~ '~~ ~ _..
ry ublrc ,
_ C:i~~1P+11rJ11i4'sE~.!?~.7~N JF' 3~Ch1h',:Y' `dA°4s;
)E`'i.'f"`!f? : ~ -'.vcc't45, ~+ 't ,~.`r Sip,p;ij y,
L ,v~~r ~~ax _,, Iw~i-. c~,~ i
c p
~'C`~1FFrt f ~JN_;Yt.t ,1{..-'- . ~ nf1,"=`~;
tuna ~ ifiapm,~R. ^^
Executor of the Estate of Fate A.
Wagner, Late
Sco't`E L Kelley, Co-Executor of
the Estate of Ftary A. Wag~tEar,
LatB
Vs
Steven Louise Brown
Arty: Gregory L HollingE~r
All parties in interest and Clasmams
are hereby natified that s Schrcul~ o-
Distribution will he filed by the Shca~ill on
or before October 5, 2012 that distnb rtum
will be made in accordance with said
schedule unless exceptions are filed thereto
within ten (10) days there inaftcr
As Soon as the property is knocked down
to a purchaser, 10% of the purchase price
or all costs whichever maybe higher shall
be delivered to the Sheriff. If the 10"c
payment is not made as reyuestad, the
Sheriff will direct the auctioneer ui resell
the property. The balance due shall he
paid to the Sheriff by NOT LATER THAN
Friday, September 21, 2012 at 12:00 Naon,
prevailing time, otherNise all money
previously paid wiH be forfeited and the
property will be resold on September 26,
2012 at 10:00 A.M, prevailing time in the
Cumberland County Sheriff's Office. ('curt
House, Carlisle, PA
ALL that certain lot of land situate ti
South Middleton Township. Cumlx land
County, Pennsylvania, b~~und and d.atribed
in accordance with a sub, ,.,sion paan
~ prepared by Stephen G. Fisher, RS
,~ dated January,2,1977 and recorded in
,ti the Office of the Retarder of Deeds for
1 Cumberland County in Plan Book 34, Page
n 60; as follows: BEGINNING
at a point, the intersection of the Carlisle
' N Hanover Turnpike, Pa Route 94 and other
a }and of Gene Smyth; thence in a southerly
rt direction by the line of Carlisle Hanover
~ 7ittnpike, PA Route 94 South 06 degees
03 minutes 10 seconds East, a distance of
94.49 feet to an iron pin; thence along said
Pa Route 94 South 06 degrees 58 minutes
_ SO ~conds East, a distance of 7$.01 feet ~.
to art iron pin; thence slang said PA Route
945outh degrees 24 minutes 35 seconds
Fast, a distance of 10.30 feet to an iron
I piQ,'thence South 65 degrees 46 minutes 10
- 7 ~ seconds West, a distance of 137,35 feet to
n efl iron pin at wrner of other lands of Gene
Ste; thence along said lands now or
~ formerly of Gene Smyth North 04 degrees
AOttUnutes East, a distance of 205.93 feet
to an iron pin; thence along lands now or
formerly of Gene Smyth, South 86 degrees
~ 29 mirtutes 30 seconds East a distance of
.I, 43.'110 feet to an iron pin; thence still along
V landRnnw nr fnrm,~rly of r:µm~~:.»:a),
u
'~ ~ _".. .. __ ~.,~.~_~..J v. vruv u~u~s,~
(~ .North SS degrees 2 minutes 33 secends
` East, a distance of 56.89 feet to an iron pin,
fe o as iron pin; thence by ]ands now or; ~ the place of BEGINNING. CONTAINING
fo erly of Geae Smyth South 55 degrees 20,006 square feet and Imown as Lot No 2
27 minutes 33 seconds West, a distance on a Plan for Mary R. Smyth
of 56.89 feet to ao iron pin; thence along 2C and identified as 594 Baltimore Pike.
the same North 86 degrees 29 minutes 30 Gen PARCEL NO.40-14-0142-003
seconds West, a distance of 43.70 feet to ~~1{~ and
an iron pin; thence along the same South 40.14-0142-003A
4 degrees 00 minutes West, a distance of ALL that certain lot of land situate in ~.
205.93, feet to an iron pin at the lands now tha South Middleton Trnvnship, Cumberland
,or formerly of Gene Smyth and lands now County, Pennsylvania, bound and described ~'
or formerly of George E. McNew; thence in accordance with a Subdivision Plan
along said lands uaw or formerly of George prepazed by Stephen G.Fisher, R5 a
E. McNew South 65 degrees 4b minutes 10 dated January 2,1977 and recorded in ii
seconds West, a distance of 35.56 feet to an
~ the Office of the Recorder of Deeds for T
iron pipe; thence along the same North 30 ~
are Cumberlaland County in Plan Book 34,
degrees 52 minutes 10 seconds West, a dis
D Page 60, as follows: j
lance of 145.05 feet to as iron pipe located ~ BEGINNING at an iron pin located at the G
on the southern side of the Appalachian
' ~
~ intersection of the ~uthem boundary of ~'
Trail; thence by lands now or formerly of
~ the Appalachian'Trail and western right of N
T.A. Tichy and Appalachian'Trail North
w way line of Pa Route 94, LR 342; thence a'
39 degree. 41 minutes 30 seconds East, along said right of way line of Pa Route 94 9
313.91 feet to an iron pin, being the place South 5 degrees 00 minutes East, a distance m
of BEGINNJING CONTAINING 25,558.9 of 6L44 feet to an iron pin; thence along 'q
squaze feet and Known as Lot No 1 on a same right of way line South 6 degrees 3 x- .{o:
Plan for Mary R. minutes 10 seconds East, a distance of 55.55 ~a'
Smyth and identified as 596 Baltimore Pike ~~e _
iSf by ~
the 4~
~xoon,
5
~ aqt
].Lf
her
a
12
2'
aid to
otember 21:
F
ll money
c 'a3
.ri~e a
.. _..
e
a rhe. S