HomeMy WebLinkAbout12-1927IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger
to The Legacy Bank, C?
Plaintiff,
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
TYPE OF PLEADING
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CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
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FILED ON BEHALF OF:
First National Bank of Pennsylvania
successor by merger to The Legacy Bank, Plaintiff
TO: DEFENDANT(S) COUNSEL OF RECORD FOR THIS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY:
ENCLOSED CO PLAINT WITHIN TWENTY (20) DAYS
FROM SERVIC EREOF O DEFAULT JUDGM ENT Scott A. Dietterick, Esquire
MAY ENT R AG T YO Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS: JAMES, SMITH, DIETTERICK &
2600 Commerce Drive CONNELLY LLP
Harrisburg. PA 1711 G
AND THE DEFENDANT(S): P.O. BOX 650
Jessica M. Broughton Hershey, PA 17033
230 S. Madison Avenue, Apt 103
Pasadena, CA 91101
Gerald R. Br ughton
P.O. Box 37 5
Philadelphi PA 91
ATTORN OR INT
(717) 533-3280
CERTIFICATE OF LOCATION
I HEREBY CE IFY THAT THE LOCATION OF
THE REAL ES ATE AJCTED BY THIS LIEN IS
226 Erford oad, CHill, PA 17011 3 )'5-
P i
ATTOR FORPLAINTJF '?? ?? ?? ???
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank, =
Plaintiff,
NO..
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:
vs.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
vs.
Plaintiff,
I X --- ) q.2 ? cvi,,
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes First National Bank of Pennsylvania successor by merger to The Legacy
Bank, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in
Mortgage Foreclosure as follows:
1. The Plaintiff is First National Bank of Pennsylvania successor by merger to The
Legacy Bank, which has its principal place of business at 2600 Commerce Drive, Harrisburg,
Pennsylvania 17110.
2. The Defendants, Jessica M. Broughton and Gerald R. Broughton, are adult
individuals whose last known address is 230 S. Madison Avenue, Apt 103, Pasadena, California
91101 and P.O. Box 37635, Philadelphia, Pennsylvania 19101, respectively.
3. On or about March 28, 2005, Techharmony, Inc., executed a Promissory Note
("Note") in favor of Plaintiff in the original principal amount of $50,000.00. A true and correct
copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about June 13, 2008, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff an Open-End Mortgage and Security
Agreement ("Mortgage") in the original principal amount of $50,000.00 on the premises
hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds
of Cumberland County on July 23, 2008, as Instrument Number 200825115. A true and correct
copy of said Mortgage containing a description of the premises subject to said Mortgage is
marked Exhibit "B", attached hereto and made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's
intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the
commencement of this action for the reason that the Defendant(s) is/are not "residential mortgage
debtor(s)" as defined in 41 P. S. §101.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 49,724.45
Interest through 3/12/2012 $ 2,807.97
Late Charges $ 10,107.15
Other Charges $ 168.00
Attorney's Fees $ 1,300.00
Title Costs $ 410.00
TOTAL $ 64,517.57
plus interest on the principal sum ($49,724.45) from March 12, 2012, at the rate of $7.25 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $64,517.57, with interest thereon at the rate of $7.25 per diem from March 12, 2012 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
Dated:
JAMES,
BY:
Scott A. D ette
PA I.D. # 55650
& CONNELLY LLP
Kimberly A. Bonner, Esquire
PA I.D. # 89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
`LOAN NUMBER LOAN h . ACCT. NUMBER N DATE INITIALS
1002-47576 TechHarmony, Inc. 03128/05 CW
NOTE AMOUNT INDEX (w/Margin) RATE MATURITY DATE LOAN PURPOSE
$50,000.00 Wall Street Journal Prime plus 7.75% 03128/08 Commercial
2.000%
Creditor Use Only
PROMISSORY NOTE
(Commercial • Revolving Draw - Variable Rate)
DATE AND PARTIES. The date of this Promissory Note (Note) is March 28, 2005. The parties and their addresses are:
LENDER:
THE LEGACY BANK
2600 Commerce Drive
Harrisburg, Pennsylvania 17110
Telephone: (717) 441-3400
BORROWER:
TECHHARMONY, INC.
a Pennsylvania Corporation
226 Erford Road
Camp Hill, Pennsylvania 17011
1. DEFINITIONS. As used in this Note, the terms have the following meanings:
A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together. 'You" and "Your" refer to the Lender.
B. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note.
C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this
transaction such as applications, security agreements, disclosures or notes, and this Note.
D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan.
E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan.
F. Percent. Rates and rate change limitations are expressed as annualized percentages,
2. PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, amounts advanced
from time to time under the terms of this Note up to the maximum outstanding principal balance of $50,000.00 (Principall, plus interest from the date of
disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and Lender has no further obligations to make advances to you under this
Loan.
I may borrow up to the Principal amount more than one time.
All advances made will be made subject to all other terms and conditions of this Loan.
3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 7.75 percent (Interest Rate) until March 29, 2005, after which time it
may change as described in the Variable Rate subsection.
A. Interest After Default. If you declare a default under the terms of this Loan, including for failure to pay in full at maturity, you may increase the Interest Rate
payable on the outstanding Principal balance of this Note. In such event, interest will accrue in the following manner: In the event of default for which Lender
does not accelerate the Loan, including failure of borrower to provide the financial statements as required hereunder or under the loan agreement, the applicable
interest rate to the Loan for a period beginning three (3) days after written notice of such default and ending upon the curing of said noticed default, shall
increase three percent (3%) during the period which noticed default continues. Such default interest rate shall apply to the outstanding principal balance of the
Loan. Upon the curing of the noticed default, the interest rate on the Loan shall revert to the initially agreed upon interest rate effective on the date on which
the default is cured.
B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note or obligation will be limited to the Maximum Lawful
Amount of interest allowed by state or federal law. Amounts collected in excess of the Maximum Lawful Amount will be applied first to the unpaid Principal
balance. Any remainder will be refunded to me.
C. Statutory Authority. The amount assessed or collected on this Note is authorized by the Pennsylvania Simplification and Availability of Bank Credit Act (Pa.
Stat. Ann. title 7, § 322).
D. Accrual. During the scheduled term of this Loan interest accrues using an Actual/360 days counting method.
E. Variable Rate. The interest Rate may change during the term of this transaction.
(1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least
75% of the nation's 30 largest banks known as the Wall Street Journal Prime Rate.
The Current index is the most recent index figure available on each Change Date. You do not guaranty by selecting this Index, or the margin, that the
Interest Rate on this Note will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this Index is no
longer available, you will substitute a similar index. You will give me notice of your choice.
(2) Change Date. Each date on which the interest Rate may change is called a Change Date. The Interest Rate may change March 29, 2005 and daily
thereafter.
(3) Calculation Of Change. On each Change Date, you will calculate the Interest Rate, which will be the Current Index plus 2.000 percent. The result of
this calculation will be rounded up to the nearest .125 percent. Subject to any limitations, this will be the Interest Rate until the next Change Date. The
new Interest Rate will become effective on each Change Date. The interest Rate and other charges on this Note will never exceed the highest rate or
charge allowed by law for this Note.
14) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change.
TechHarmony, Inc.
Pennsylvania Promissory Note Initials
PA/4Xkcames00836500004672010032505N 01996 Bankers Systems, Inc., St. Cloud, MN rr Page 1
4. ADDITIONAL CHARGES, As additional consid, .in, I agree to pay, or have paid, the fees and charges lis n the APPENDIX; FEES AND CHARGES, which is
attached to and made part of this Note.
5. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified,
amended or supplemented, The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the
maturity of this Note may be accelerated. When 1 sign this Nate, i represent to you that I have reviewed and am in compliance with the terms contained in the
Commercial Loan Agreement.
6. PAYMENT. I agree to pay this Note on demand, but if no demand is made, i agree to pay as follows Interest shall be payable monthly on any unpaid principal
balance on the 28th of each month beginning April 28th, 2005.
Payments will be rounded to the nearest $.01. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you
have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on
the last day of such month.
Each payment I make on this Note will be applied first to interest that is due then to principal that is due, and finally to any charges that I owe other than principal
and interest. If you and I agree to a different application of payments, we will describe our agreement on this Note. The actual amount of my final payment will
depend on my payment record.
7. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full.
8. LOAN PURPOSE. The purpose of this Loan is to provide a working capital line of credit.
9. ADDITIONAL TERMS. The loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax
dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations:
When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law.
Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens and other purposes. By
using these procedures, SBA does not waive any federal immunity from local or state control penalty tax or liability. No Borrower or Guarantor may claim or assert
against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan.
Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument.
This loan will be cross-collateralized with the existing UCC-1 filings used to secure SBA Loan #1002-47543 as evidenced by a Promissory Note dated March 28,
2005 in the amount of $13,500.00.
10. SECURITY. This Loan is secured by separate security Instruments prepared together with this Note as follows;
Document Name Parties to Document
Security Agreement - TechHarmony, Inc. TechHarmony, Inc.
11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note to be immediately due and payable upon the creation of, or
contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law
('12 C.F.R. 591), as applicable.
12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to
accelerate and notice of dishonor.
A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take,
and generally waive defenses that may be available based on these actions or based on the status of a party to this Note.
(1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions,
(21 You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer.
(3) You may release, substitute or impair any Property securing this Note.
(4) You, or any institution participating in this Note, may invoke your right of set-off.
(51 You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or
participations.
(6) 1 agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guarantying or relating
to this Note.
(7) 1 agree that you may inform any party who guarantees this Loan of any Loan accommodations, renewals, extensions, modifications, substitutions or
future advances.
B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist
upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such
waiver is in writing and is signed by you.
13. COMMISSIONS. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other
services that i buy through you or your affiliate.
14. APPLICABLE LAW. This Note is governed by the laws of Pennsylvania, the United States of America and to the extent required, by the laws of the jurisdiction
where the Property is located. In the event of a dispute, the exclusive forum, venue and piece of jurisdiction will be in Pennsylvania, unless otherwise required by
law. Any provision that appoints you as an agent Is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and
Fiduciaries Code). By exercising any of your rights under this Note, you do so for your sole benefit.
15. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also
agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or
new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be
enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my personal representatives, successors, heirs and
assigns.
I echHarmony, Inc.
Pennsylvania Promissory Note initials
PA/4Xkcames00836500004672010032505N 01996 Bankers Systems, Inc., St. Cloud. MN Ecpl-e-?Fg Page 2
IS. AMENDMENT. INTEGRATION AND SEVERAb.... Y. This Note may not be amended or modified by oral a .vent. No amendment or modification of this Note
is effective unless made in writing and executed by you and me. This Note and the other Loan Documents are the complete and final expression of the agreement.
If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will stilt be enforceable.
17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section heading, are for convenience only and are
not to be used to interpret o- define the terms of this Note.
18. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first
class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Borrower will be
deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application information. I agree to sign, deliver, and
file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm
your lien status on any Property. Time is of the essence.
19. CREDIT INFORMATION. I agree to supply you with whatever information you reasonably feel you need to decide whether to continue this Loan. You will make
requests for this information without undue frequency, and will give me reasonable time in which to supply the information.
20. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan
closing documents so that all documents accurately describe the loan between you and me. I agree to assume all costs including by way of illustration and not
limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty (30) days.
21. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that
arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as you and I agree to in writing. For purposes of this section,
this Transaction includes this Note and the other Loan Documents, and proposed loans or extensions of credit that relate to this Note. You or i will not arbitrate any
Dispute within any "core proceedings" under the United States bankruptcy laws.
You and I must consent to arbitrate any Dispute conceming a debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any
powers of safe against real property securing a debt underlying any Dispute before, during or after any arbitration. You may also enforce a debt secured by this real
property and underlying the Dispute before, during or after any arbitration.
You or I may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me.
Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel
arbitration.
The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on
contract, tort, or any other matter at few or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not
arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as
any other judgment or decree.
You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me
involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section,
The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Note, will govern the selection of the arbitrator and the arbitration
process, unless otherwise agreed to in this Note or another writing.
22. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to fftigate any Dispute through a trial by judge or
jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, you and 1 voluntarily and knowingly waive
the right to have a trial by jury or judge during the arbitration.
WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing below 1 irrevocably
authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any
time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid
principal, accrued interest, and accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The
exercise of the power to confess judgment will not exhaust this warrant of authority to confess judgment and may be dome as often as you elect. i further
understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional
rights i have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGMENT section.
TechHarmany, Inc.
"GeraI R. Broughton, President
23. SIGNATURES. By signing under seat, I agree to the terms contained in this Note. i also acknowledge receipt of a copy of this Note.
BORROWER:
TechHermony, In
,By
Gerald R. Broughton, President
TechHarmony, Inc. /?
Pennsylvania Promissory Note Initials
PA/4Xkcarnes00836500004672010032505N 01996 Bankers Systems, Inc., St. Cloud, MN Fie e-i `" ge 3
APPENDIX: FEES AND CHARGES
As described in the ADDITIONAL CHARGES section of the attached Note, 1 agree to pay, or have paid, these additional fees and charges.
Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note before the scheduled maturity date.
UCC Filing Fee. Ain) UCC Fling Fee fee of $84.00 payable from separate funds on or before today's date.
SBA Packaging Fee. Ain) SBA Packaging Fee fee of $350.00 payable from separate funds on or before today's date.
SBA Guaranty Fee. A(n) SBA Guaranty Fee tee of $500.00 payable from separate funds on or before today's date.
Recording - Mortgage. Ain) Recording • Mortgage fee of $62.50 payable from separate funds on or before today's date.
TechHarmony, Inc.
Pennsylvania Promissory Note
PA!4Xkcarnes00836500004672010032505N 01996 Bankers Systems, Inc., St. Cloud, MN Initials R
P e4
EXHIBIT "B"
E
Parcel Identification
Number:
09-18-1304-036A,
09-18-1304-036A/02
RECORDATION
REQUESTED BY:
First National Bank of
Pennsylvania
COMMERCIAL - CAPITAL
ONE FNS Blvd
Hermitage, PA 16148
WHEN RECORDED MAIL
TO:
First National Bank of
Pennsylvania
Technology Center/Loan
Operations
4140 East State Street
Hermitage, PA 16148
SEND TAX NOTICES TO:
Jessica M. Broughton
Gerald R. Broughton
Erford Road nt' , _„ L /O O2T z / -752r 2
_ Camp Hill, . PA 17011 FOR RECORDER'S USE ONLY
OPEN - END MORTGAGE AND SECURITY AGREEMENT
(This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S.
§§ 8143 and 8144, Act No. 12$ of 1990)
MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid
balances of advances and other extensions of credit, secured by the Mortgage made for the
payment of taxes, assessments, maintenance charges, Insurance premiums and costs incurred
for the protection of the mortgaged premises shall not exceed at any one time $50,000.00.
Amount Secured Hereby: $50,000.00
THIS MORTGAGE dated June 13, 2008, is made and executed between Jessica M. Broughton,
whose address is 226 Erford Road, Camp Hill, PA 17011 and Gerald R. Broughton, whose
address is 226 Erford Road, Camp Hill; PA 17011; husband and wife (referred to below as
"Grantor") and First National Bank of Pennsylvania, whose address is ONE FNB. Blvd;
Hermitage, PA 16148 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Township of East Pennsboro, Count of Cumberland
Deed Recorded: 04/11/2006 Book: 73 Pgge: 4850
With the Assessment Number(s) of: 09-18=1304-036A 09-18-1304-036A/02
with an Address of: 226 Erford Road, Camp Hill, PA 1 f011
The Real Property or its address is commonly known as 226 Erford Road, Camp Hill PA
17011. The Real Property parcel identification number is 09-18-1304-0UA,
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(Continued) Page 2
09-18-1304-038A/02.
CROSS-COLLATERAI RATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus
interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender
against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or
unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect,
determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be
liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness Including, without limitation, a revolving line of
credit, which obligates Lender to make advances to Borrower unless Borrower fails to comply with all the terms of the
Note.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $50,000.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lenders commencement
or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borrowers request and not at the request of Lender, (b) Grantor has the full power, right, and authority to enter into
this Mortgage and to hypothecate the Property; . (c) the provisions of this Mortgage do not conflict with, or result in a
default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borrowers and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantors
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until Default, Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve Its value.
Compliance. With Environmental Laws.. Grantor represents and warrants. to Lender that: (1)„During the period of
Grantor's ownership of the Property, 'there has been no use, generation, manufacture, storage, tre atment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lenders
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
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(Continued)
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investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantors ownership or interest in the Property, whether
or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
and rsoonveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in
the Property, whether by foreclosure or otherwise,
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (Including
oil and gas), coal, day, scoria, soll, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any
such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
so long as Grantor has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Lender's
interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lenders interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property, whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title.to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage,
except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lenders Interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and reasonable attomeys' fees, or other charges that could
accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and
shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an
additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
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(Continued) Page 4
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Grantor shalt also procure and maintain comprehensive general liability insurance in such
coverage amounts as Lender may request with Lender being named as additional Insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and
in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of
tan (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liabliity for failure to
give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omisslon or default of Grantor or any other person. Should the
Real Property be. located in an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area, Grantor agrees to obtain and maintain Federal Flood insurance, if available, within 45
days after notice Is given by Lender that the Property is located in a special flood hazard area, for the full unpaid
principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss if Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the indebtedness, payment of any Ron affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued Interest, and the
remainder, If any, shall be applied to the principal balance of the indebtedness. If Lender holds any proceeds after
payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing indebtedness described below is
In effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a duplication of Insurance requirement. If any
proceeds from the Insurance become payable on loss, the provisions In this Mortgage for division of proceeds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but
not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as
required below., or to discharge or pay when due any amounts Grantor is required to discharge or pay under this
Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that
Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. Ali such expenditures Incurred or paid by Lender for such purposes will then
bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which
Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any
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mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor
of, and accepted by. Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of govemmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in
this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall
remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to
prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any
default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action Is requested by Lender to perfect and continue Lenders lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this .type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this. secttion applies is enacted subsequent to the date of this Mortgage,
this event shah have the same effect as Default, and Lender may exercise any or all of its available remedies for
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(Continued) Page 6
Default as provided below unless Grantor either (t) pays the tax before it becomes delinquent, or (2) contests
the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate
surety bond or other security sallsfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect
and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall asseinble any' Personal
Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
period, continue, or preserve (f) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether
now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,
Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to in this
paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all
the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing
Lender's security interest In the Rents and the Personal Property. Grantor will pay, If permitted by applicable law, any
reasonable termination fee as determined by.Lender from time•to time.
DEFAULT. Default will occur if payment in full is not made immediately when due.
RIGHTS AND REMEDIES ON DEFAULT. Upon Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by
law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due
and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance
of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees
directly to Lender. if the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse
MORTGAGE
(Continued) Page 7
instruments received in. payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender
may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve .without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes
and empowers any attomey of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney
for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment
against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage
verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith,
without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by nonqudidal sale.
Deficiency Judgment Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor,
Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall. at Lender's
option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shalt have all other rights and remedies provided in this Mortgage or the Note or available.
at law or In equity.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all
right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at beast ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with
any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after
Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing
under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to
Lender following Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly
against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to
proceed against any other collateral directly or indirectly securing the indebtedness.
Attorneys' Fees; Expenses. if Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and
Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for
bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any
i
MORTGAGE
(Continued)
Page 8
anticipated postiudgment collection services, the cost of searching records, obtaining title reports (including
foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by
applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mall postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. A I copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as
shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by
giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's
address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless
otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is
deemed to be notice given to all Grantors.
ADVANCE MONEY MORTGAGE. (A)' This Mortgage secures future'advances made pursuant to the Note or Related
Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or
nature described in 42 Pa. C.S.A. § 8144. (B) If Grantor sends a written notice to Lender which purports to limit the
indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or
for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion
of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes,
assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or
the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Borrower or Grantor
hereunder or under the Related Documents or under the Note; and (5) on account of any other costs incurred by Lender
to protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such
advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this
Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or
bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to
Lender, upon request, a certified statement of net operating income received from the Property during Grantor's
previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
receipts from the Property less all cash expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not
preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
courts of Cumberland County, Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Grantor signing below is responsible for all obligations In this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such
waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right
shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall
not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and
Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by
Lender in any instance shall not constitute oontinuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severablilty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
•
•
MORTGAGE
(Continued)
0
Page 9
be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All panties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or
counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means TechHarmony, Inc. and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described In the Existing Liens
provision of this Mortgage.
Grantor. The word "Grantor" means Jessica M. Broughton and Gerald R. Broughton.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means and includes any and all of Grantor's liabilities, obligations, debts,
and Indebtedness to Lender, now existing or hereinafter incurred or created, Including, without limitation, all loans,
advances, future advances, interest, costs, debts, overdraft indebtedness, credit card Indebtedness, lease
obligations, other obligations, and liabilities of Grantor, or any of them, and any present or future judgments
against Grantor, or any of them; and whether any such indebtedness is voluntarily or Involuntarily incurred, due or
not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Grantor may be
liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on
the indebtedness may be or may become barred or unenforceable against Grantor for any reason whatsoever; and
whether the indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra
vires or otherwise..
Lender. The word "Lender" means First National Bank of Pennsylvania, its successors and assigns.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the Note executed by TachHarmony, Inc. in the principal amount of $50,000.00
dated March 28, 2005, together with all renewals of, extensions of, modifications of, refinancings of,
consolidations of, and substitution for the note or credit agreement. NOTICE TO GRANTOR: THE NOTE
CONTAINS A VARIABLE INTEREST RATE.
• •
MORTGAGE
(Continued) Page 10
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property' mean the real property, interests and rights, as further described In this
Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether chow or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, Issues,, royalties, profits, and
other benefits derived from the Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X Seal)
Je as M. Broughton
X ?- (Seal)
Gerald R. Broughton
Signed, acknowledged and delivered in,?resence of.
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, First National Bank of Pennsylvania, herein Is as follows:
COMMERCIAL - CAPITAL, ONE FNB Blvd, Hermitage, PA 16148 1
1
Attor y or Agent for rtgagee
0
MORTGAGE
(Continued)
0
Page 11
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF (20 K??=-Y )SS
the ?q day of L e- 20 0 before me
the undersigned Notary Public, personally appeared Jessica M. Broughton,
`"-' :IQiIO .> to, me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
aal..no"' ' dged that he or she executed the same for the purposes therein contained,
?` r Ma?lhfhlr?l4Al#Pi?R9oillfJ?tLR?lf
Nodal Seal
a j , { Barbara L Sadaw Notary Public
e Susquehanna Twp., Dauphin
M' ( ?^^"?? WW EXPIM Aug. 24 2/1
'•i., Y!.:?gf Member, Pennsylvania Association of Notaries
of III eal. ,
T' rZ
Notary Public in and for the State of
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
) SS
COUNTY OF e'U m 66-1 r/7_ )
On thjs, the Ala - day of , 20 ,4- before me
( the undersigned Notary Public, personally appeared Gerald R. Broughton,
known to` (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
CoMMONwEAt . OF PENNSYLVANIA ?
Kay p
Fodor' wy Putrbc Nota Public in and for e State of /
nP Hui am Crrrtberlarrd County ry t:ommNsion Feb. 20, W12
AAember, Pannsyivanie Aaaociatkn of Notaries
LASER PRO Lending, Ver. 5.40.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved.
PA I:XCFRWINMCF11LPL1G03.FC TR-5540665 PR-STRDPRT1
•
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200825115
Recorded On 7/23/2008 At 11:58:30 AM
* Instrument Type - MORTGAGE
Invoice Number - 25695 User ED - RAK
* Mortgagor - BROUGHTON, JESSICA M
* Mortgagee - FIRST NATIONAL HK OF PA
* Customer - SELECT BUSINESS SER
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $25.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $52.50
I Certify this to be recorded
in Cumberland County PA
o* A,O
a RECORDER O/D2DS
nso
9
* Total Pages - 12
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
111111111111111111111111
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to'
The Legacy Bank,
Plaintiff, NO.:
VS.
JESSICA M. BROUGHTON-and
GERALD R. BROUGHTON,
Defendants.
VERIFICATION
I, . ??Cb.r? , ,?? , on behalf of First National Bank of Pennsylvania
depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification
to authorities that the facts set forth in the foregoing pleading are true and correct to the best of
my information, knowledge and belief.
By:
Name:
Title: ?N- V 3>
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
;7t ?erutrGr
P "I
First National Bank of Pennsylvania Case Number
vs.
Occupants 2012-1927
SHERIFF'S RETURN OF SERVICE
04/02/2012 04:44 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2,
2012 at 1644 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Occupants of 226 Erford Road, Camp Hill, Pennsylvania 17011, by
making known unto Gerald Broughton, current resident of 226 Erford Road, Camp Hill, Cumberland
County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and
correct copy of the same.
SHERIFF COST: $43.00
April 04, 2012
RONALD HOOVER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp H III, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Gerald Broghton
r1 ,, NNr}Fny
y:f"F?f: f
':. L /A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSURE
NOTICE TO PLEAD
TO FIRST NATIONAL BANK OF PENNSYLVANIA
successor by merger to The Legacy Bank
care of Scott Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
PO Box 650
Hershey, PA 17033
You are hereby notified to file a written response to the enclosed Answer
to Complaint and New Matter within twenty (20) days from rvice hereof or a
judgment may be entered against you.
el . Travis
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Answering Defendant
Gerald Brougthon
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp HIII, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Defendant
Gerald R. Broughton
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSURE
ANSWER
TO COMPLAINT IN MORTGAGE FORECLOSURE
NOW COMES the Defendant, Gerald R. Broughton, by and through the
office of the below signed counsel, and Answers the Complaint in Mortgage
Foreclosure as follows:
1. Denied. Strict proof that Plaintiff has the right to stand in the shoes
of the mortgagee is demanded at the time of trial.
2. Denied. Answering Defendant does not know the correct address
for Jessica Broughton. Answering Defendant's address is 226 Erford Road,
Camp Hill, PA 17011.
3-5. Admitted.
6. Denied. Answering Defendant believed he had an extension
agreement with Mortgagee under which he was making payments.
7. Denied. Plaintiff has stated a conclusion of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
8. Denied that the amounts due and owing to Plaintiff by Defendant(s)
are:
Principal $ 49,724.45
Interest through 3/12/2012 $ 2,807.97
Late Charges $ 10,107.15
Other Charges $ 168.00
Attorney Fees $ 1,300.00
Title Costs $ 410.00
Total
$64,517.57
Plus interest on the principal sum of $49,724.45 from March 12, 2012 at
the rate of $7.25 per diem, plus additional late charges and costs (including
additional escrow advances), additional attorneys' fees and costs and for
foreclosure and sale of the mortgage premises. Defendant has tendered
payments which he has not received credit; some payments were returned by the
Plaintiff. Strict proof of the amounts due under the Mortgage and Note are
demanded at the time of trial.
WHEREFORE, Answering Defendant prays this Honorable Court to
Dismiss the Complaint in Foreclosure and issue such other relief as the Court
deems just and proper.
NEW MATTER
AFFIRMATIVE DEFENSES
PAYMENT
9. Answering Defendant incorporates paragraphs 1-8 by reference as
if set forth in full herein.
10. Answering Defendant was making $500 monthly interest only
payments by agreement with the Mortgagee.
11. Mortgagee suddenly stopped accepting payments and refused to
accept further payments.
12. Answering Defendant is willing to make payments due under the
Mortgage and Note.
WHEREFORE, Answering Defendant prays this Honorable Court to
Dismiss the Complaint in Foreclosure, order Plaintiff or Mortgagee to accept
payments and issue such other relief as the Court deems just and proper.
Respectfullymitted,
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Answering Defendant
Gerald Broughton
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
VS.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSURE
VERIFICATION
The statements made in this Answer are true and correct to the best of my
knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn
falsification to authorities.
Gerald R. Broughton, Answering
Defendant
Date: 4/13/12
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
PO Box 650
Hershey, PA 17033
Jessica Broughton
230 S Madison Avenue Apt 103
Pasadena, CA 91101
Gerald R. Brougthon
226 Erford Road
Camp Hill, PA 17011
M ael S. Travis
3904 Trindle Road
Camp Hill, PA 17011
Attorney for Gerald Broughton
IN THE COURT OF COMMON PLEAS OF u 0 TAr,
CUMBERLAND COUNTY, PENNSYLVANIA, ATt; 19 PH 1. 2?-
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff,
vs.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
REPLY TO NEW MATTER
CIVIL, W-PhlD C0UN (
f?E- 113NSYLVANIA
NO.: 12-1927 CIVIL
AND NOW, comes Plaintiff First National Bank, successor by merger to The
Legacy Bank ("Plaintiff') by and through its attorneys, James, Smith, Dietterick &
Connelly, LLP and files this Reply to Defendant Gerald R. Broughton's New Matter as
follows:
9. Plaintiff incorporates Paragraphs 1 through 8 of its Complaint in Mortgage
Foreclosure as if set forth herein.
10. Denied. It is specifically denied that any offer by Defendant to make
partial payments or interest only payments is a defense to Plaintiff's Complaint in
Mortgage Foreclosure, filed based on Defendants' default under the Mortgage, as more
specifically described in Plaintiff's Complaint.
11. Denied. It is specifically denied that any offer by Defendant to make
partial payments or interest only payments is a defense to Plaintiff's Complaint in
Mortgage Foreclosure, filed based on Defendants' default under the Mortgage, as more
specifically described in Plaintiff's Complaint.
12. Denied. It is specifically denied that any offer by Defendant to make
partial payments or interest only payments is a defense to Plaintiff's Complaint in
Mortgage Foreclosure, filed based on Defendants' default under the Mortgage, as more
specifically described in Plaintiff's Complaint.
WHEREFORE, Plaintiff respectfully requests judgment entered in favor of
Plaintiff and against Defendant as requested in its Complaint, along with such other relief
as this Court deems just.
JAMES, JMINI, DIYTTERICK & CONNELLY LLP
BY:
Scott-it'Dietterick, Esquire
PA I.D. # 55650
Kimberly A. Bonner, Esquire
PA I.D #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff,
vs.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
CIVIL DIVISION
NO.: 12-1927 CIVIL
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
Reply to New Matter was served on the following this 18th day of April, 2012, via First
Class U. S. Mail, Postage Pre-paid:
Michael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
JAMES SMI D
By.
& CONNELLY
S* ?. DtMerick, Esquire
Attorney I.D.#55650
Kimberly A. Bonner, Esquire
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
s
Michael S. Travis
ID No. 77399
?904 Trindle Road
Camp HIII. PA 170"~ 1
717-731-9502
mstC mtravislaw.com
AP,'ornE~y for Defendant
Gerald R. Broughton
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
~!Pc-r ~IATI(1N ^.I_ RA.~IK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
1 CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSUi-iE
PR,AECIPE TO VVITHGRAW
ANSWER TO MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Defendant, Gerald R. Broughton, ~Nithdraws his Answer to his h~1ortg~~ge
Fore~~iosure.
/~ _.~.
This is ~~ith the consentilrvithout the consen~.a~'-t're Plaintiff.
~ '~~
~~~- ~~i~( ~:~Travis
. -%~ ~-'
3904 Trindle Road
Camp Hili, PA 17011
717-731-9502
mstC~~mtravislaw.com
Attorney for Defendant
Gerald R. Broughton
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST' NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Bank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GERALD R. BROUGHTON
Defendants
CIVIL DIVISION
}
No. 12-1927 Civil
) MORTGAGE FORECLOSURE
}
CONSENT TO WITHDRAW ANSWER
l Gerald R. Broughton, consent to withdraw the Answer filed in this matter.
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Gerald R. Broughton
Date: ?~ (~ ~ 2 ~ ~ ~ ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA successor by merger
to The Legacy Eiank,
Plaintiff
vs.
JESSICA M. BROUGHTON
GER,gLD R. BROUGHTON
Defendants
CIVIL DIVISION
No. 12-1927 Civil
MORTGAGE FORECLOSURE:
CERTIFICP,TE OF SE=RVICE
certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
Kimberly Bonner, Esquire
James. Smith, C)ietterick & Cor~neliy, LLf~
PO Box 650
Hershey. PA 17033
Jessica Broughton
230 S Madison Avenue Apt 103
Pasadena. CA '91101
Gerald R. Brougthon
226 E:rford Road
Camp Hill, PA 17011
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<~ chael S Travis
3904 Trindle Road
Camp Hill, PA 1701 1
Attorney for Gerald Broughton
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA cn
x
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger
r
to The Legacy Bank
No.: 12-1927 Civil
Plaintiff, ISSUE NUMBER:
TYPE OF PLEADING:
VS.
PRAECIPE FOR DEFAULT JUDGMENT
JESSICA M. BROUGHTON and (Mortgage Foreclosure)
GERALD R. BROUGHTON
Defendants.
FILED ON BEHALF OF:
First National Bank of Pennsylvania
successor by merger to The Legacy Bank,
Plaintiff
I Hereby certify that the last known address COUNSEL OF RECORD FOR THIS
of Defendant(s)is/are: PARTY:
Jessica M.Broughton
2841 M Place,San Diego,CA 92111 Scott A.Dietterick,Esquire
Pa. I.D.#55650
Gerald h
226 rf ili, 17011
sc6tt A. ietterick,Esquire Attorney for Plaintiff
JAMES, SMITH,DIETTERICK&CONNELLY LLP
P.O.Box 650
Hershey,PA 17033
(717)533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants,Jessica M. Broughton and Gerald R. Broughton, in the amount of$67,229.07
which is itemized as follows:
Principal $ 49,724.45
Interest through 3/21/2013 $ 5,519.47
Late Charges $ 10,107.15
Other Charges $ 168.00
Attorney's Fees $ 1,300.00
Title Costs $ 410.00
TOTAL $ 67,229.07
plus interest on the principal sum($49,724.45) from March 22, 2013, at the rate of$7.25 per
diem,plus additional late charges, and costs (including ad 'tional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of th ort g premises.
JAMES. & CONNELLY LLP
By:
Sco . Di . e
Attorney for laintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth,personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who,being duly sworn according to law, deposes and says that the
Defendants are not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evid9�c-1 by the attached copies.
1 )7
'-"SccVt A. Dietterick, Esquire
Sworn to and subscribed before me
this 22nd day of March, 2013.
aA,sfia-c L - ,,SnW(DM
Notary Public
My Commission Expires:
NOTARIAL SEAL
CHRISTINE L SPURLOCK
Notary Public
HUWAELSTOWN BORO,DAUPHIN COUNTY
My Commission Expires Feb 2,2017
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Jessica M. Broughton
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment w entered in the above captioned proceeding
on
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $67,229.07
plus interest on the principal sum($49,724.45) from March 22, 2013, at the rate of$7.25 per
diem,plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
Depu
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
vs.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Gerald R. Broughton
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order,Decree or
Judgment was entered in the above captioned proceeding
on
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $67,229.07
plus interest on the principal sum($49,724.45) from March 22, 2013, at the rate of$7.25 per
diem,plus additional late charges, and costs(including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
Deputy �/"�
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank, :
Plaintiff, NO.:12-1927 CIVIL
vs.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
IMPORTANT NOTICE
TO: Jessica M. Broughton
2841 Mimika Place
San Diego, CA 92111
DATE OF NOTICE: March 8, 2013
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND&LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S.Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800)990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank, :
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
AVISO IMPORTANTE
A. Jessica M. Broughton
FECHA DEL AVISO: March 8,2013
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND &LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,PA 17013
Phone(717)249-3166
(800) 990-9108
JAMS IE RICK&CONNELLY LLP
DATE: March 8, 2013 BY:
Sc . ietterick,Esquire
PA I.D. #55650
Kimberly A. Bonner,Esquire
PA I.D. #89705
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA o
ZZ
—�
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
cal—
The Legacy Bank, -< --6
NO. : 12-1927 Civil ss E)-n
Plaintiff, x�C
ISSUE NO.: '
vs. °"
TYPE OF PLEADING:
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
AFFIDAVIT OF SERVICE OF
Defendants. COMPLAINT PURSUANT TO
Pa.R.C.P.,404
CODE:
FILED ON BEHALF OF:
First National Bank of Pennsylvania
successor by merger to
The Legacy Bank, Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dietterick, Esquire
PA I.D. #55650
James, Smith, Dietterick &
Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS. :
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE
FORECLOSURE ON DEFENDANT,JESSICA M.BROUGHTON,
PURSUANT TO Pa.R.C.P 404
I, Scott A. Dietterick, Esquire, attorney for Plaintiff,First National Bank of Pennsylvania
successor by merger to The Legacy Bank,being duly sworn according to law depose and make
the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on
Defendant, Jessica M. Broughton,pursuant to Pa.R.C.P. 404 as follows:
1. Defendants,Jessica M. Broughton and Gerald R. Broughton, are the record
owners of the real property.
2. On or about February 15, 2013, the counsel for Plaintiff served Defendant, Jessica
M. Broughton, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via
San Diego Service of Process, LLC, a private process server, at the address of 2841 Mimika
Place, San Diego, California 92111. A true and correct copy of the Affidavit of Process Server is
marked Exhibit "A", attached hereto and made a part hereof.
3. Plaintiff's counsel hereby certifies that Defendant, Jessica M. Broughton,was
served with Plaintiffs Complaint in Mortgage Foreclosure in accordance with Rule of Civil
Procedure 404,regarding service outside the Commonwealth.
Respectfully Submitted:
JAMES,SMhTH,DIETTERICK&
CONNELL L
Date: 3 — U By:
S o iette&k,Esquire
Att rney I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Sworn to and subscribed before
me this u - ` day of March, 2013
Notary Public
MY COMMISSION EXPIRES:
NOT SEAL
EAL
CHRISTINE L SPURLOCK
Notary Public
HUNIMELSTOM BORO,DAUPHIN COUNTY
My Commission Expires Feb 2,2017
EXHIBIT "A"
Affidavit of Process Server
IN THE COURT OF COMMON PLEAS Of: CUMBERLANE-COUNTY, PENNSYLVANIA
(NAME OF COURT)
FIRST NATIONAL BANK OF PENNSYLVANIA vs JESSICA M. BROUGHTON E!t a[. 12-1927 CIVIL
PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER
PETER JAMES ZIROLLI —, being first duly sworn, depose and Say: that I am over the age of 18 years and
not a party to this action,and that within the boundaries of the state where service was effected,I was,authorlzed by law to
perform said service.
-Service: I served JESSICA M. BROUGHTON
NAME OF PERSON/ENTITY BEING SERVED
with (list documents) Praecipe to Reinstate Complaint; Notice to Defend(English and Spanish);Complaint;Exhibits
by leaving with JESSICA M. BROUGHTON SELF At
NAME RELATIONSHIP
IZ Residence 2841 MIMIKA PL. SAN DIEGO CA 92111
ADDRESS CITY/STATE
❑ Business
ADDRESS CITY/STATE
On 02/15/2013 AT 6:52PM
DATE TIME
❑ Inquired if subject was a member of the U.S. Military and was informed they are not.
Thereafter copies of the documents were mailed by prepaid,first class mail on
DATE
from
CITY STATE ZIP
Manner of Service:
0 Personal: By personally delivering copies to the person being served.
o Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being
served with a member of the household over the age of and explaining the general nature of the papers.
❑Substituted at Business:By leaving, during office hours,copies at the office of the person/entity being served with
the person apparently in charge thereof.
❑Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served.
Non-Service: After due search,careful inquiry and diligent attempts at the address(es)listed above, I have been
unable to effect process upon the person/entity being served because of the following reason(s):
❑Unknown at Address ❑Moved,Left no Forwarding ❑Service Cancelled by Litigant ❑Unable to Serve in Timely Fashion
❑Address Does Not Exist ❑Other
Service Attempts:Service was attempted on: (1) _(2)
DATE TIME DATE TIME
(3) (4) _(5)
DATE TIME DATE TIME DATE TIME
Description:. Age 30s Sex F Race CAUC Height 5'5' Weight 200 Hair BRN
W11ard
sses
/4GNATURE 0170CESS SERVER
SUBSCRIBED AND SWORN to before me this C4 4� V PETER JAMES ZIROLLI#2244
day of —� /I 20a,b,
Proved to me on the basis of satisfactory evidence to be the person(s)who ap red fare me
'"017S;ING
KP
M. #1976617 c)
0"'�.NO COR M PUBUC-CALIFORNIAR SIGNATURE OF 19 Y PUBLIC
Vw SAN DIF: COUNTY
My Commission Expires NOTARY PUBLIC for the OF�ofCALIFORNIA
L APRIL21.2016
FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS
IN THE COM OF CU44ON PLEAS OFaMMIAm axwy, PBWMVANIA
First National Bank of CIVIL DIVISION
Pennsylvania successor by : File No. 12-1927 Civil
merger to The Legacy Bank (Plaintiff) : Amount Due $ 67,229.07
v Interest from 3-22-2013
date of to $ 1,203.50
Bale
Jessica M.Broughton&Gerald At ty I s Comm
R.Broughton
{Defendant(s) Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRASCIPE FOR vanmw
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s)
See Exhibit "A" attached.
Zze � lx
Wr-
PPJWCXM FOR ATTACK481T EXE=CN can
Issue writ of attachment to the Sheriff of
interest and costs, as above, directing attachment against the above-nar hsoa(s)Q,
the following property (if real. estate, supply six copies of the description; fao
copies of lengthy personalty list) -�.--
and all other property of the defendant(s) in the possession, cu tody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishe (s pendens against
real estate of the defendant(s) described in the attache
DATE: M�Kh 22,2013 Signature:
Print Nam Scott A. Digtterick, J=ire
4V Address: Jams Smith Dietterick & Connelly LLP
CCF
P 0 Box 650, Hershey PA 17033
possession, cu To"
7 e4
-shee(s
attache b
9 V.5
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Attorney for: Plaintiff
Telephone: (717) 533-3280
,,-0jtgem Court ID No. 55650
-60 U_,
096
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LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SrIUATE on the East side of Erford
Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point marked by a nail on the East side of Erford Road,at the
comer of Lot No. 83, as shown on the hereinafter mentioned Plan of Lots;thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin;thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the comer of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots;thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point;thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road, aforesaid;thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
comer of Lot No. 83,aforesaid,the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road,Camp Hill,Pennsylvania 17011.
BEING the same premises which Jessica M. Konnos,now by marriage Jessica M.
Broughton,by Deed dated March 31,2006 and recorded on April 11,2006 in and for
Cumberland County,in Deed Book Volume 273,Page 4850, granted and conveyed unto
Jessica M.Broughton and Gerald R. Broughton,wife and husband, as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank, : Cz
Plaintiff, NO.:12-1927 CIV c w —+
vs.
.n r- N -Zr""
JESSICA M. BROUGHTON and cn 0
GERALD R. BROUGHTON, ° M'
Defendants.
CP
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AFFIDAVIT PURSUANT TO RULE 3129.1
First National Bank of Pennsylvania successor by merger to The Legacy Bank,
Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution
was filed the following information concerning the real property located at 226 Erford
Road, Camp Hill, Pennsylvania 17011:
1. Name and Address of Owner(s)or Reputed Owner(s):
JESSICA M. BROUGHTON 2841 Mimika Place
San Diego, CA 92111
GERALD R. BROUGHTON 226 Erford Road
Camp Hill,PA 17011
2. Name and Address of Defendant(s)in the Judgment:
JESSICA M. BROUGHTON 2841 Mimika Place
San Diego, CA 92111
GERALD R. BROUGHTON 226 Erford Road
Camp Hill, PA 17011
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
EAST PENNSBORO TOWNSHIP 98 S Enola Drive
Enola, PA 17025
BENEFICIAL CONSUMER DISCOUNT CO c/o Gregg L. Morris, Esquire
213 E Main Street
Carnegie,PA 15106
BUREAU OF COMPLIANCE Department 280946
Harrisburg,PA 17128
4. Name and Address of the last record holder of every mortgage of record:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
WASHINGTON SAVINGS BANK 4201 Mitchellville Road,
Suite 300
Bowie, MD 20716
MERS AS NOMINEE FOR FIDELITY 1000 Woodbury Road
MORTGAGE Woodbury,NY 11797
and
P.O. Box 2026
Flint, MI 48501-2026
5. Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX Cumberland County
CLAIM BUREAU Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
DEPARTMENT OF REVENUE PA Inheritance Tax Division
Department 280601
Harrisburg,PA 17128-0601
COMMONWEALTH OF PA Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
UNKNOWN SPOUSE OF 2841 Mimika Place
JESSICA M. BROUGHTON San Diego, CA 92111
UNKNOWN SPOUSE OF 226 Erford Road
GERALD R. BROUGHTON Camp Hill, PA 17011
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County
RELATIONS OFFICE Courthouse
One Courthouse Square
Carlisle,PA 17013
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
JAMES, SMTr , IE CONNELLY LLP
DATED. BY:
S tt A. ck, Esquire
Pa. I.D. 955650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717)533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIV3, a rY�rn
vs. ;
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants. —? t''
N ;�z;
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jessica M. Broughton
2841 Mimika Place
San Diego, CA 92111
TAKE NOTICE:
That the Sheriffs Sale of Real Property(Real Estate)will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle,Pennsylvania 17013 on
Wednesday, September 4,2013, at 10:00 a.m.prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
226 Erford Road
Camp Hill,Pennsylvania 17011
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 12-1927 Civil
THE NAME(S) OF THE OWNER(S)OR REPUTED OWNER(S)OF THIS
PROPERTY ARE:
Jessica M. Broughton&Gerald R. Broughton
A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff thirty
(30)days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will,in fact,be made unless someone objects by filing exceptions to it,within
ten(10)days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle,Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held,to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights,you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square,4th Floor
Carlisle,Pennsylvania 17013
(717)240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale,you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse,One Courthouse Square,44th
Floor, Carlisle,Pennsylvania 17013,before presentation of the petition to
the Court.
JAMES, SMITH,D E &CONNELLY LLP
DATED: 3 -c Ca.- /5 BY:
erick,Esquire
P . LD. 055650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED
LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SITUATE on the East side of Erford
Road in the Township of East Pennsboro,County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point marked by a nail on the East side of Erford Road, at the
corner of Lot No. 83,as shown on the hereinafter mentioned Plan of Lots;thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin;thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the corner of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots;thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point;thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road, aforesaid;thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
corner of Lot No. 83,aforesaid, the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road, Camp Hill,Pennsylvania 17011.
BEING the same premises which Jessica M. Kormos,now by marriage Jessica M.
Broughton,by Deed dated March 31,2006 and recorded on April 11,2006 in and for
Cumberland County, in Deed Book Volume 273,Page 4850,granted and conveyed unto
Jessica.M.Broughton and Gerald R. Broughton,wife and husband, as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
C-- o
Plaintiff, NO.:12-1927 CIV
t*a z3• "�
VS.
, .
cn
JESSICA M. BROUGHTON and -<> "' ry.
GERALD R. BROUGHTON, -,
�E 4D c~:;
Defendants. cn 51
N
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Gerald R. Broughton
226 Erford Road
Camp Hill,PA 17011
TAKE NOTICE:
That the Sheriffs Sale of Real Property(Real Estate)will be held at the
Cumberland County Courthouse, South Hanover Street,Carlisle, Pennsylvania 17013 on
Wednesday, September 4,2013, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property,together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
226 Erford Road
Camp Hill,Pennsylvania 17011
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 12-1927 Civil
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Jessica.M. Broughton&Gerald R. Broughton
A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff thirty
(30)days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will,in fact,be made unless someone objects by filing exceptions to it,within
ten(10)days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle,Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held,to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights,you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square,4th Floor
Carlisle,Pennsylvania 17013
(717)240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriff s Sale,you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse,One Courthouse Square,4th
Floor,Carlisle, Pennsylvania 17013,before presentation of the petition to
the Court.
JAMES, SMITH,D CONNELLY LLP
�3
DATED: 3-�Q- BY: r
S tt A.Dietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717)533-3280
VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SITUATE on the East side of Erford
Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point marked by a nail on the East side of Erford Road, at the
corner of Lot No. 83, as shown on the hereinafter mentioned Plan of Lots;thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin; thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the corner of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots; thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point;thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road,aforesaid;thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
corner of Lot No. 83, aforesaid, the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road, Camp Hill, Pennsylvania 17011.
BEING the same premises which Jessica M.Kormos,now by marriage Jessica M.
Broughton,by Deed dated March 31,2006 and recorded on April 11,2006 in and for
Cumberland County,in Deed Book Volume 273,Page 4850,granted and conveyed unto
Jessica M.Broughton and Gerald R. Broughton,wife and husband,as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-1927 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA
SUCCESSOR BY MERGER TO THE LEGACY BANK Plaintiff(s)
From JESSICA M.BROUGHTON&GERALD R.BROUGHTON
(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: $67,229.07 L.L.:$.50
Interest from 3-22-2013 to date of sale-$1,203.50
Atty's Comm: Due Prothy:$2.25
Atty Paid: $203.50 Other Costs:
Plaintiff Paid:
Date: 3/25/13
David D.Buell,Prothono
(Seal)
Deputy
REQUESTS G PARTY:
Name:SCOTT A.HIETTERICK,ESQUIRE
Address:JAMES SMITH DIETTERICK&CONNELLY LLP
P.O.BOX 650
HERSHEY,PA 17033
Attorney for:PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No.55650
r
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION c:
PENNSYLVANIA successor by merger to mm rn
The Legacy Bank, ' `-
Plaintiff, NO.:12-1927 CIVILo °
VS. > °
DC _ m
JESSICA M. BROUGHTON and -i Cn �'Cn
GERALD R. BROUGHTON, M°
Defendants.
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
First National Bank of Pennsylvania successor by merger to The Legacy Bank, Plaintiff
in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the
following information concerning the real property located at 226 Erford Road, Camp Hill,
Pennsylvania 17011:
1. Name and Address of Owner(s) or Reputed Owner(s):
JESSICA M. BROUGHTON 2841 Mimika Place
San Diego, CA 92111
GERALD R. BROUGHTON 226 Erford Road
Camp Hill, PA 17011
2. Name and Address of Defendant(s) in the Judgment:
JESSICA M. BROUGHTON 2841 Mimika Place
San Diego, CA 92111
GERALD R. BROUGHTON 226 Erford Road .
Camp Hill, PA 17011
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
EAST PENNSBORO TOWNSHIP 98 S Enola Drive
Enola, PA 17025
BENEFICIAL CONSUMER DISCOUNT CO c/o Gregg L. Morris, Esquire
213 E Main Street
Carnegie, PA 15106
PENNSYLVANIA DEPT OF REVENUE P.O. Box 280948
Harrisburg, PA 17128-0948
4. Name and Address of the last record holder of every mortgage of record:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
WASHINGTON SAVINGS BANK 4201 Mitchellville Road,
Suite 300
Bowie, MD 20716
MERS AS NOMINEE FOR FIDELITY 1000 Woodbury Road
MORTGAGE Woodbury,NY 11797
and
P.O. Box 2026
Flint, MI 48501-2026
5. Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX Cumberland County
CLAIM BUREAU Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
DEPARTMENT OF REVENUE PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
COMMONWEALTH OF PA Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
UNKNOWN SPOUSE OF 2841 Mimika Place
JESSICA M. BROUGHTON San Diego, CA 92111
UNKNOWN SPOUSE OF 226 Erford Road
GERALD R. BROUGHTON Camp Hill, PA 17011
7. Name and Address of every other person of whom the Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County
RELATIONS OFFICE Courthouse
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Amended Affidavit are true and correct to the
best of my personal knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
JAMES, SMI DIE ERI K&CONNELLY LLP
2
DATED: - b- 11 BY:
sc6tt A. ' ' , Esquire
Pa. I.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
r e � •
ORIGINAL
1 Michael T. O' Halloran CLS-B (#99085)
Cheryl L. Stengel CLS-B (#179460)
2 Law Office of Michael T. O' Halloran
1010 Second Avenue, Suite 1727
3 San Diego, CA 92101
Tel : 619-233-1727 ` .
4 Fax: 619-233-6526 -,j a - i
Fri
�-
5 Bankruptcy Counsel for -13 �
Jessica Marie Broughton
6
-X �"?Y
7 � y
--C co
tY�y
°; ( a
8 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
9
10 FIRST NATIONAL BANK OF ) Case No. 12-1927 CIVIL
PENNSYLVANIA successor by merger )
11 to The Legacy Bank, )
12 Plaintiff, ) NOTICE OF AUTOMATIC STAY
13 vs . )
14 JESSICA M. BROUGHTON and )
GERALD R. BROUGHTON, )
15 )
Defendants . )
16 )
17
18 NOTICE IS HEREBY GIVEN that Jessica Marie Broughton has
19 filed a petition for bankruptcy in the Southern District of
20 California. Said petition was filed under Chapter 7 on April 16,
21 2013 as Case No. 13-03866-LT7 . A copy of the Notice of
22 Bankruptcy Case Filing is attached hereto.
23 As a result of the filing of the petition, all acts and
24 proceedings against the debtor and her property are stayed as
25 provided in 11 U. S . C. §362 (a) .
26
27 \\\
28
1 The filing of this Notice does not constitute an appearance
2 by Bankruptcy Counsel of the Debtor in the above-referenced
3 matter.
4
5 Dated: May 9, 2013 LAW OFFICE OF MICHAEL T. O' HALLORAN
6
7 By;
Michael T. O'Halloran
8 Cheryl L. Stengel
9 Attorneys for Debtor
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 DECLARATION OF SERVICE
2 I, Kassandra Estrada M. , hereby declare that I am over 18
years of age, a resident of the County of San Diego, State of
3 California, and am not a party to the within proceeding.
4 On May 9, 2013, I ,deposited with United States Mail, postage
prepaid, a copy of:
5
1 . NOTICE OF AUTOMATIC STAY
6
addressed to:
7
Scott A. Dietterick, Esq.
8 Kimberly A. Bonner, Esq.
James, Smith, Dietterick & Connelly LLP
9 P.O. Box 650
10 Hershey, PA 17033
Michael S. Travis, Esq.
11 3904 Trindle Road
12 Camp Hill, PA 17011
13 at his/her/their last known address, at which place there is a
delivery service by mail from the United States Post Office.
14 I declare under penalty of perjury that the foregoing is
15 true and correct to the best of my knowledge and belief and that
this declaration is executed on May 9, 2013 at San Diego,
16 California.
18 Kassandra Estrada M.
1010 Second Avenue, Suite 1727
19 San Diego, CA 92101
20
21
22
23
24
25
26
27
28
;hristine Spurlock JSDC_LLP (2/2) 05/14/2013 03 : 52 : 34 PM -040
'[abli,b _ 9 I I 'g-
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b
Fa x:73 7.533.2725
ON
A'ay 14, 20
Via Facsirnile 240-6397
'rV'.•i'1'J..o...).C�.hv
Cum,'7erl.and Coim.'tv Sl-ouriff s Ofi7. e
Attn: Rcai sta.ie TAE-.1 artt'1 ent
RUE First National Bank (if Pennsylvania
succenw-by merger to Tl�e Legacy Bnzk
Jessica l4. Broughton
�Yf��i'��� �.. 13�rogghtgi�;
��d.cket N� 36 -: A£7Q1,. ivi ^� Ci Ftv�..'v-.A<Eo
sher-iff Sale Date:m Septt'.�mber 4 '11013 ;srX,J.SF: ,
� � Jc�r;.J.O-roraeLU';JF.
Property: .2''6 Er fard Road, Came M_91s PA t';0-1.1 Sr-o—,F.��—HICK
JAmE.P
EDVi;.IP-.)P SE_?E�
r{e-xr Sir or 1tizadani: S :. Kcr,EL
3(3.GFRY A.Bt'.f; u'l
Plea.�:�,consider¢hES Col'i't.',S�SC321i�e EGi t! i(3;Y11ti..J'[L�3iGSi'i�i S��g'i�?�S1:eT 1� 5?�� I a _�iu.CONNab'
s;hed-uled fbi. SepIi;3n,ber 4 LC 13 in the a1���e-refer�.�ce� .9a _. s :F P:",r:f T.�.�. 1>;
, L. n3$tl(:r, Plaintiff received V� .iESSC;:E.LOI+,•�-
z rJ,. h GF;EGO:rrr.,Kn,'uT,JR.
iA0 3_":3.01-1cy. .1C 1)r z%fortJi.:�..?`;1� )CSS.ca 1i'- 3rouglaton, has A3,1 .3.b .i:1kB'E.1�?�-cy, ? 1ea.sc. T�..t...
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fund anv Yx<!.,oSS jT(}T*).'(jur- a_d r^.[ c.e or ill ow o i�l"for 2ad&6'unra3 funds t'ue. F' Fii R?.SAIYA
_1 J.-io ri'd you h av c a+-n C Li s S r < Ci:{KI
t C?l.S, ;J3L4'C; E n 1"I�1t:''FC'.CiiB.��' i.C? f:1331�ii.(:�:t:�1;;'•E 'S i
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Soo Jf
SAD:cl.s
QC_ Marty Dell, FNB
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-1927 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION-LA-W- -
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA
SUCCESSOR BY MERGER TO THE LEGACY BANK Plaintiff(s)
From JESSICA M.BROUGHTON&GERALD R.BROUGHTON
(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 gamishee(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: $67,229.07 L.L.: $.50
Interest from 3-22-2013 to date of sale-$1,203.50
Atty's Comm: Due Prothy: $2.25
Atty Paid: $203.50 Other Costs:
Plaintiff Paid:
Date: 3/25/13
David D. Buell,Prothonot
(Seal) 13
Deputy
REQUESTING PARTY:
Name: SCOTT A. DIETTERICK,ESQUIRE
Address: JAMES SMITH DIETTERICK&CONNELLY LLP
P.O.BOX 650
HERSHEY,PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
TRUE COPY FROM RECORD
in Test"mony whereof, I here unto set my hand
and the seal of said Court at Carlisle,Pa.
This day of c r 20 3
Pro notary
c
IN THE COURT OF aNHON PLEAS OF akMERLAND COMM, PENWYLVANIA
First National Bank of CIVIL DIVISION
Pennsylvania successor by . File No. 12-1927 Civil
merger to The Legacy Bank (Plaintiff) : Amount Due
67,229.07
V
Interest from 3-22-2013 to $ 1,863.25
date of ME
Jessica M. Broughton &Gerald : Atty H s Comm
R. Broughton
(Defendant(s) Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installrmnt sale, contract, or account based on a confession of judgment, but if it does,
it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXEC[1TION
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s)
See Exhibit "A" attached.
.� -_;,-
_ C�
�`.. - "••�.. `TF3
PRADCIPE FOR ATTACHMENT EXECUTION
C) x
Issue writ of attachment to the Sheriff of CountT,; for debt,
interest and costs, as above, directing attachment against the above-named gai"riisHee(s{) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishees) as a s pendens against
real estate of the defendant(s) described in the attached exhi t.
DATE: August 7, 2013 Signature:
dKS. S'p �rL Print Name: S tt Dietterick Es ire
Address: James Smith Dietterick & Connelly LLP
P O Box 650, Hershey PA 17033
i� 7s -
��• S o „ Attorney for: Plaintiff
Telephone: (717) 533-3280
,_32. 00
Supreme Court ID No.: 55650
LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SITUATE on the East side of Erford
Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point marked by a nail on the East side of Erford Road, at the
corner of Lot No.-83, as shown on the hereinafter mentioned Plan of Lots; thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin; thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the corner of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots; thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point; thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road, aforesaid; thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
corner of Lot No. 83, aforesaid, the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road, Camp Hill,Pennsylvania 17011.
BEING the same premises which Jessica M. Kormos, now by marriage Jessica M.
Broughton,by Deed dated March 31, 2006 and recorded on April 11,2006 in and for
Cumberland County,in Deed Book Volume 273, Page 4850, granted and conveyed unto
Jessica M. Broughton and Gerald R. Broughton, wife and husband, as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-1927 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA
SUCCESSOR BY MERGER TO THE LEGACY BANK,Plaintiff(s)
From JESSICA M. BROUGHTON&GERALD R.BROUGHTON
(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$67,229.07 Plaintiff Paid$
Interest FROM 3/22/2013-$1,863.25
Attorney's Comm. % Law Library$30
Attorney Paid$232.00 Due Prothonotary$2.25
Other Costs$
Date: AUGUST 8,2013
David D.Buell,Prothonotary
(`yea l)
By:
Deputy
REQUESTING PARTY:
Name : SCOTT A.DIETTERICK,ESQ.
Address:JAMES SMITH DIETTERICK&CONNELLY,LLP
P.O.BOX 650
HERSHEY,PA 17033
Attorney for:PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
Case 13-03866-LT7- Filed 07/16/13 - Doc 12 Pg. 1 of 2 - - -
02/09 United States Bankruptcy Court Telephone:619=557-5620
Southern District of California Website:www.casb.uscourts.gov
Jacob Weinberger U.S.Courthouse Hours:9:00am-4:00pm Monday—Friday
325 West F Street
San Diego,CA 92101-6991
In re Debtor(s)(name(s)used by-the debtor(s)in the last 8 years,
including married,maiden,trade,and address):
Jessica Marie Broughton Case number: 13-03866—LT7
5025 Collwood Blvd.Apt.2410 Chapter: 7
San Diego,CA 92115 Judge Laura S.Taylor
Social Security No.: xxx—xx-6473
Debtor:No Known Aliases
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code).
Dated: 7/16/13 By order of the court:
Barry K.Lander
Clerk of the Bankruptcy Court
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
Case 13-03866-LT7 Filed 07/16/13 Doc 12 Pg. 2 of 2
B18(Official Form 18)(12107)—Cont
EXPLANATION OF BANKRUPTCY DISCHARGE
IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor.It is not a dismissal of the case and it
does not determine how much money,if any,the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged.For example,a
creditor is not permitted to contact a debtor by mail,phone,or otherwise,to file or continue a lawsuit,to attach.wages
or other property,or to take any other action to collect a discharged debt from the debtor.[1n a case involving
community property:There are also special rules that protect certain community property owned by the debtor's
spouse,even if that spouse did not file a bankruptcy case.]A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However,a creditor may have the right to enforce a valid lien,such as a mortgage or security interest,against
the debtor's property after the bankruptcy,if that lien was not avoided or eliminated in the bankruptcy case.Also,a
debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged.Most,but
not all,types of debts are discharged if the debt existed on the date the bankruptcy case was filed.(If this case was
begun under a different chapter of the Bankruptcy Code and converted to chapter 7,the discharge applies to debts
owed when the bankruptcy case was converted.)
Debts-That are_Not Discharged
Some of the common types of debts which are lbw discharged in a chapter 7 bankruptcy case are:
a:Debts for most taxes;
b.Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d.Debts for most student loans;
e.Debts for most fines,penalties,forfeitures,or criminal restitution obligations;
f.Debts for personal injuries or death caused by the debtor's operation of a motor vehicle,vessel,or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h.Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i.Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j.Debts owed to certain pension,profit sharing,stock bonus,other retirement plans,or to the Thrift Savings
Plan for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge.There are exceptions to these
general rules.Because the law is complicated,you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 13-03866-LT7 Filed 07/16/13 Doc 12-1 Pg. 1 of 1
Notice Recipients
District/Off:0974-3 User:admin Date Created:07/16/2013
Case: 13-03866—LT7 Form ID:b18 Total:44
Recipients of Notice of Electronic Filing:
ust United States Trustee ustp.regionl5@usdoj.gov
aty Michael T.O'Halloran mto @debtsd.com
TOTAL:2
Recipients submitted to the BNC(Bankruptcy Noticing Center):
db Jessica Marie Broughton 5025 Collwood Blvd.Apt.2410 San Diego,CA 92115
tr Gregory A.Akers P.O.Box 26219 San Diego,CA 92196
smg United States Trustee Office of the U.S.Trustee 402 West Broadway,Ste.600 San Diego,CA
92101-8511
smg Employment Develop.Dept.,State of CA Bankruptcy Unit—MIC 92E P.O.Box
826880 Sacramento,CA 94280
smg. Div.of Labor Standards Enforcement 7575 Metropolitan Drive,Suite 210 San Diego,CA 92108 .
smg State Board of Equalization P.O.Box 942879 Sacramento,CA 92479
smg Dun&Bradstreet Attn:Lynne Roberts,2nd Floor 3501 Corporate Parkway PO Box
520 Center Valley,PA 18034-0520
smg Dun&Bradstreet Attn:Lynne Roberts,2nd Floor 3501 Corporate Parkway PO Box
520 Center Valley,PA 18034-0520
smg Franchise Tax Board Attn:Bankruptcy P.O.Box 2952 Sacramento,CA 95812-2952
13499430 Beneficial Consumer DiscountCo 3525 Cottman Ave. Philadelphia,PA 19149
13499433 Comcast Cable Acet No 7047 4830 Carlisle Pike Suite D-14 Mechanicsburg,PA 17055
13499432 Comcast Cable Acct No 7047 8251 N.Cortaro Rd. Tucson,AZ 85743
13499434 Convergent Outsourcing,Inc. PO Box 9004 Renton,WA 98057
13499435 Fed Loan Sery Acct No X0001 Po Box 69184 Harrisburg,PA 17106
13499444 Fedloan Acct No xxxxxxxxxxxxx0002 Pob 69184 Harrisburg,PA 17106
13499442 Fedloan Acet No xxxxxxxxxxxxx0003 Pob 69184 Harrisburg,PA 17106
13499447 Fedloan Acct No xxxxxxxxxxxxx0004 Pob 69184 Harrisburg,PA 17106
13499440 Fedloan Acet No xxxxxxxxxxxxx0005 Fob 69184 Harrisburg,PA 17106
13499445 Fedloan Acct No xxxxxxxxxxxxx0006 Pob 69184 Harrisburg,PA 17106
13499446 Fedloan Acct No xxxxxxxxxxxxx0007 Pob 69184 Harrisburg,PA 17106
13499436 Fedloan Acct No xxxxxxxxxxxxx0008 Pob 69184 Harrisburg,PA 17106
13499437 Fedloan Acct No xxxxxxxxxxxxx0009 Pob 69184 Harrisburg,PA 17106
13499439 Fedloan Acct No X0010 Pob 69184 Harrisburg,PA 17106
13499438 Fedloan Acct No xxxxxxxxxxxxx001 I Pob 69184 Harrisburg,PA 17106
13499443 Fedloan Acct No xxxxxxxxxxxxx0012 Pob 69184 Harrisburg,PA 17106
13499441 Fedloan Acct No x0013 Pob 69184 Harrisburg,PA 17106
13499448 First National Bank of PA 4140 E.State St. Hermitage,PA 16148
13499449 Fratt Dental Corporation 13220 Hawthorne Bl. Hawthorne,CA 90250
13499431 Gerald Broughton 226 Erford Road Camp Hill,PA 17011
13499450 Hsbc Bank Acet No xxxxxxxxxxxx8713 Po Box 5253 Carol Stream,IL 60197
13499451 James Smith Dietterick LLP P.O.Box 650 Hershey,PA 17033
13499452 Nca Acct No xxxxxxxxxxxx8713 P.O.Box 550 327 West Fourth St Hutchinson,KS 67504
13499453 Ocwen Loan Servicing L Acct No xxxxx4076 12650 Ingenuity Dr Orlando,FL 32826
13499454 Penn Credit Corporation Aect No xxxxxx9065 916 S 14th St Harrisburg,PA 17104
13499455 Penn Credit Corporation Acet No xxxxxx9085 916 S 14th St Harrisburg,PA 17104
13499456 Pennsylvania Power and Light Two North Ninth St. Allentown,PA 18101
13499457 Pinnacle Financial Gro Acct No xxxx9617 7825 Washington Ave S St Minneapolis,MN
55439
13499458 Sallie Mae Acct No xxxxxxxxxxxxxxxxxxx0913 Po Box 9500 Wilkes Barre,PA 18773
13499459 Sallie Mae Acct No xxxxxxxxxxxxxxxxxxx l 102 Po Box 9500 Wilkes Barre,PA 18773
13499460 TechHarmony,Inc. 226 Erford Road Camp Hill,PA 17011
13499461 The Legacy Bank c/o First Nat.Bank of PA 4140 E.State St. Hermitage,PA 16148
13499462 Verizon Wireless Acct No xxxxxxxxxx0001 15900 Se Eastgate Way Bellevue,WA 98008
TOTAL:42
IN THE COURT OF COMMON PLEAS OF 'ii ► ' i '
CUMBERLAND COUNTY, PENNSYLVANIA 2013 AUG -8 PH 1 : 0 4
FIRST NATIONAL BANK OF CIVIL DEI1,'MTW L A N D C 0 U N
PENNSYLVANIA successor by merger to P E N N S Y LVA N 1A
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
First National Bank of Pennsylvania successor by merger to The Legacy Bank,
Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution
was filed the following information concerning the real property located at 226 Erford
Road, Camp Hill, Pennsylvania 17011:
1. Name and Address of Owner(s) or Reputed Owner(s):
JESSICA M. BROUGHTON 5025 Collwood Boulevard,
Apt 2410
San Diego, CA 92115
GERALD R. BROUGHTON 226 Erford Road
Camp Hill, PA 17011
2. Name and Address of Defendant(s) in the Judgment:
JESSICA M. BROUGHTON 5025 Collwood Boulevard,
Apt 2410
San Diego, CA 92115
GERALD R. BROUGHTON 226 Erford Road
Camp Hill, PA 17011
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
EAST PENNSBORO TOWNSHIP 98 S Enola Drive
Enola, PA 17025
BENEFICIAL CONSUMER DISCOUNT CO c/o Gregg L. Morris, Esquire
213 E Main Street
Carnegie, PA 15106
PENNSYLVANIA DEPT OF REVENUE P.O. Box 280948
Harrisburg, PA 17128-0948
4. Name and Address of the last record holder of every mortgage of record:
FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff
successor by merger to The Legacy Bank
WASHINGTON SAVINGS BANK 4201 Mitchellville Road,
Suite 300
Bowie, MD 20716
MERS AS NOMINEE FOR FIDELITY 1000 Woodbury Road
MORTGAGE Woodbury,NY 11797
and
P.O. Box 2026
Flint, MI 48501-2026
5. Name and Address of every other person who has any record lien on the property:
CUMBERLAND COUNTY TAX Cumberland County
CLAIM BUREAU Courthouse
One Courthouse Square
Carlisle, PA 17013
6. Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
DEPARTMENT OF REVENUE PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
COMMONWEALTH OF PA Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
UNKNOWN SPOUSE OF 5025 Collwood Boulevard,
JESSICA M. BROUGHTON Apt 2410
San Diego, CA 92115
UNKNOWN SPOUSE OF 226 Erford Road
GERALD R. BROUGHTON Camp Hill, PA 17011
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County
RELATIONS OFFICE Courthouse
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
JAMES,4tt . TT ICK& CONNELLY LLP
DATED: `�� BY:
eric qu ire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717)533-3280
L�'�-C�r r• .
IN THE COURT OF COMMON PLEAS-OFH E [5�tO T II O R O T AS v
CUMBERLAND COUNTY,PENNSYLV
I 3 UO -8 FM !* 04
FIRST NATIONAL BANK OF CI vu*,Rmsmw C 01;t4 T`f
PENNSYLVANIA successor by merger to PENNSYLVANIA
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jessica M. Broughton
5025 Collwood Boulevard,Apt 2410
San Diego, CA 92115
TAKE NOTICE:
That the Sheriffs Sale of Real Property(Real Estate)will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday,December 4, 2013, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
226 Erford Road
Camp Hill, Pennsylvania 17011
Cumberland County
L�'�-C�r r• .
IN THE COURT OF COMMON PLEAS-OFH E [5�tO T II O R O T AS v
CUMBERLAND COUNTY,PENNSYLV
I 3 UO -8 FM !* 04
FIRST NATIONAL BANK OF CI vu*,Rmsmw C 01;t4 T`f
PENNSYLVANIA successor by merger to PENNSYLVANIA
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jessica M. Broughton
5025 Collwood Boulevard,Apt 2410
San Diego, CA 92115
TAKE NOTICE:
That the Sheriffs Sale of Real Property(Real Estate)will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday,December 4, 2013, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
226 Erford Road
Camp Hill, Pennsylvania 17011
Cumberland County
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale,you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013,before presentation of the petition to
the Court.
JAMES, SMITH, TTE &CONNELLY LLP
DATED: BY:
ScoV A. Diette ' , Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SITUATE on the East side of Erford
Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit:
BEGINNING at a point marked by a nail on the East side of Erford Road, at the
comer of Lot No. 83, as shown on the hereinafter mentioned Plan of Lots;thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin; thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the comer of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots; thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point;thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road, aforesaid;thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
comer of Lot No. 83,aforesaid,the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road, Camp Hill,Pennsylvania 17011.
BEING the same premises which Jessica M. Kormos,now by marriage Jessica M.
Broughton,by Deed dated March 31, 2006 and recorded on April 11,2006 in and for
Cumberland County,in Deed Book Volume 273, Page 4850,granted and conveyed unto
Jessica M. Broughton and Gerald R. Broughton, wife and husband, as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
HE PR
IN THE COURT OF COMMON PLEAS OF 2013 AUG -8 PH 1' 04'
CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND S O U NT Y
PLENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA successor by merger to
The Legacy Bank,
Plaintiff, NO.:12-1927 CIVIL
VS.
JESSICA M. BROUGHTON and
GERALD R. BROUGHTON,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Gerald R. Broughton
226 Erford Road
Camp Hill, PA 17011
TAKE NOTICE:
That the Sheriffs Sale of Real Property(Real Estate)will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 4, 2013, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property,together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
226 Erford Road
Camp Hill, Pennsylvania 17011
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 12-1927 Civil
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Jessica M. Broughton&Gerald R. Broughton
A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes),will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact,be made unless someone objects by filing exceptions to it,within
ten(10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
it has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale,you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013,before presentation of the petition to
the Court.
JAMES, SMITH, ERIV&C NN ELLY LLP
DATED: �� `� BY:
Sco A. Dietteri , Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717)533-3280
VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THAT CERTAIN plot of ground. SITUATE on the East side of Erford
Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of
Pennsylvania,more particularly bounded and described as follows,to wit: .
BEGINNING at a point marked by a nail on the East side of Erford Road, at the
corner of Lot No. 83,as shown on the hereinafter mentioned Plan of Lots;thence along
the line of said Lot No. 83 and a portion of Lot No. 82,North 48 degrees 1 minutes East
113.25 feet to an iron pin; thence continuing along the line of Lot No. 82,North 21
degrees 58 minutes 30 seconds East 53.75 feet to an iron pin and North 70 degrees 30
minutes East 54.3 feet to an iron pin at the corner of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots;thence along the line of said Lot No. 81 North 34
degrees 40 minutes West 120.74 feet to a point; thence South 67 degrees 27 minutes
West 197.69 feet to a point on the East side of Erford Road, aforesaid;thence along the
East side of Erford Road, South 29 degrees 48 minutes East 192.7 feet to a point at the
corner of Lot No. 83, aforesaid,the place of BEGINNING.
HAVING thereon erected a dwelling house being known and numbered as 226
Erford Road, Camp Hill,Pennsylvania 17011.
BEING the same premises which Jessica M. Kormos,now by marriage Jessica M.
Broughton,by Deed dated March 31, 2006 and recorded on April 11,2006 in and for
Cumberland County,in Deed Book Volume 273,Page 4850,granted and conveyed unto
Jessica M. Broughton and Gerald R. Broughton, wife and husband, as tenants by the
entirety.
Parcel No. 09-18-1304-036A
Exhibit"A"
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND.COUNTY,..
i HES PHI
t � 1, �� PH n.
?i0I APR i 0 rat 2:
CUMBERLAND CCJvY
PENNSYLVANIA
OFFICE OF Ti-,Z$ xYiFI-
First National Bank of Pennsylvania
vs.
Gerald R Broughton (et al.)
Case Number
2012 -1927
SHERIFF'S RETURN OF SERVICE
09/27/2013 04:50 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 226 Erford Road, East Pennsboro Township, Camp Hill,
PA 17011, Cumberland County.
10/10/2013 04:13 PM - Deputy Dawn Kell, being duly sworn according to law, attempted service to the Defendant, to
wit: Jessica M Broughton at 226 Erford Road, East Pennsboro Township, Camp Hill, PA 17011. The
Defendant was found to have moved.
10/10/2013 04:13 PM - Deputy Dawn Kell, 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: Gerald
R Broughton at 226 Erford Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County.
10/21/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Jessica M. Broughton, but was unable to locate the
Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the
above titled action, as "Not Found" at 226 Erford Road, Camp Hill, PA, Gerald R. Broughton stated the
defendant left residence 4 Or 5 years ago, parties are divorced.
12/03/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014
01/08/2014 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014
04/08/2014 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: $905.39
April 08, 2014
c) :iountySuite Sheriff, Telecsoft, Inc.
SO ANSWERS,
On August 12, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 226 Erford Road,
Camp Hill, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 12, 2013
By:
Real Estate Coordinator
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2012 -1927 Civil Term
FIRST NATIONAL BANK
OF PENNSYLVANIA
vs.
GERALD R. BROUGHTON,
Jessica M. Broughton
Atty.: Scott Dietterick
ALL THAT CERTAIN plot of
ground. SITUATE on the East side of
Erford Road in the Township of East
Pennsboro, County of Cumberland
and Commonwealth of Pennsylva-
nia, more particularly bounded and
described as follows, to wit:
BEGINNING at a point marked by
a nail on the East side of Erford Road,
at the corner of Lot No. 83, as shown
on the hereinafter mentioned Plan
of Lots; thence along the line of said
Lot No. 83 and a portion of Lot No.
82, North 48 degrees 1 minutes East
113.25 feet to an iron pin; thence
continuing along the line of Lot No.
82, North 21 degrees 58 minutes 30
seconds East 53.75 feet to an iron
pin and North 70 degrees 30 minutes
East 54.3 feet to an iron pin at the
corner of Lot No. 81 as shown in the
hereinafter mentioned plan of Lots;
thence along the line of said Lot No.
81 North 34 degrees 40 minutes West
120.74 feet to a point; thence South
67 degrees 27 minutes West 197.69
feet to a point on the East side of Er-
ford Road, aforesaid; thence along the
East side of Erford Road, South 29
degrees 48 minutes East 192.7 feet
to a point at the corner of Lot No. 83,
aforesaid, the place of BEGINNING.
HAVING thereon erected a dwell-
ing house being known and num-
bered as 226 Erford Road, Camp Hill,
Pennsylvania 17011.
BEING the same premises which
Jessica M. Kormos, now by marriage
Jessica M. Broughton, by Deed dated
March 31, 2006 and recorded on
April 11, 2006 in and for Cumberland
County, in Deed Book Volume 273,
Page 4850, granted and conveyed
unto Jessica M. Broughton and Ger-
ald R. Broughton, wife and husband,
as tenants by the entirety.
Parcel No. 09 -18- 1304 -036A.
28
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa Marie Coyne,, Editor
SWORN TO AND SUBSCRIBED before me this
25 day of October, 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
.kTthe Patriot -News Co.
2020 Technology Pkwy
Suite 300'
Mechanicsburg, PA 17050
Inquiries - 717 - 255 -8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the atriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller 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.
2012 -1927 Chill Term
IRST NATIONAL BANK Of
PENNSYLVANIA
GERALD R BROUGHTON,
• Jessica M Broughton
Atty: Scott Dletterick
ALL THAT CERTAIN plot of ground.
SITUATE on the East side of Erford Road
in the Township of East Pennsboro, County
of Cumberland and Commonwealth of
Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point marked by a nail on
the East side of Erford Road, at the comer
of Lot No. 83, as shown on the hereinafter
mentioned Plan of Lots; thence along the line
of said Lot No. 83 and a portion of Lot No.
82, North 48 degrees 1 minutes East 113.25
) feet to an iron pin; thence continuing along
1 the line of Lot No. 82, North 21 degrees 58
minutes 30 seconds East 53.75 feet to an
1 iron pin and North 70 degrees 30 minutes
East 54.3 feet to an iron pin at the corner
r of Lot No. 81 as the hereinafter
. mentioned plan of LotTiTeite along the
line of said Lot No. 81 North 34 degrees 40
minutes West 120.74 feet to a point; thence
South 67 degrees 27 minutes West 197.69
feet to a point on the East side of Erford
Road, aforesaid; thence along the East side
of Erford Road, South 29 degrees 48 minutes
East 192.7 feet to a ntat +hP L s -�
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
Sworn to and subscribed befor
this 11 day of November, 2013 A.D.
tary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington Twp., Dauphin County
My Commission Expires Dec. 12, 2016
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES