HomeMy WebLinkAbout12-2914
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IN THE COURT OF COMMON PLEAS `
OF CUMBERLAND COUNTY, PENNSYLVANW, ?
"- ?:: l
CIVIL ACTION - LAW ?
?t1y"
ACNB Bank, formerly known as No. ? c=-
Adams County National Bank, V i
Plaintiff,
VS.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
Action in Mortgage Foreclosure
To: Steve Westhafer, also known as Steven E. Westhafer, and
the United States of America, Defendants:
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney, and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
OL?
C?# 4aP yoS
Q-u a?u 9 73
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACNB Bank, formerly known as No.
Adams County National Bank,
Plaintiff,
VS.
Action in Mortgage Foreclosure
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
To: Steve Westhafer, also known as Steven E. Westhafer, and
the United States of America, Defendants:
AVISO
USTED HA. SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de
las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a
partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia
escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus
objeciones a las demandas en su contra.
Se le avisa clue si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en al
demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED
PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES
PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
2
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACNB Bank, formerly known as
Adams County National Bank,
No.
Plaintiff,
vs.
C..?
Y ?, y Y
r
iJ
Action in Mortgage Foreclosure
Steve Westhafer, also known as
Steven E. Westhafer, and
the United States of America,
Defendants.
COMPLAINT
AND NOW, this day of May, 2012, comes the Plaintiff, ACNB Bank,
formerly known as Adams County National Bank, by its attorneys, Puhl, Eastman &
Thrasher, who brings this action in mortgage foreclosure against Steve Westhafer, also known
as Steven E. Westhafer, and the United States of America, Defendants, whereof the following
is a statement:
1. The Plaintiff is ACNB Bank, formerly known as Adams County National Bank,
Mortgagee, a national banking corporation organized and existing under the laws of Congress
relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg,
Adams County, Pennsylvania 17325.
2. The Defendant is Steve Westhafer, also known as Steven E. Westhafer, an adult
individual who resides at 71 Silver Crown Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3
3. Defendant, Steve Westhafer, also known as Steven E. Westhafer, is not in the
military or naval service of the United States or its allies within the provisions of the
Servicemembers Civil Relief Act of 2005, 50 App. U.S.C.A. § 501 et seq.
4. The United States of America is named party defendant, pursuant to the provisions
of 28 U.S.C.A. §2410. The United States of America claims liens on the property herein
sought to be foreclosed, initiated by the filing of the following Notices of Federal Tax Liens:
(A) Notice of Federal Tax Lien No. 2008-00035, naming Steve E. Westhafer as
taxpayer, filed on January 3, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $9,940.91, (a copy of said Federal Tax Lien is attached hereto
and marked Exhibit. "A")
(B) Notice of Federal Tax Lien No. 2008-04601, naming Steve E. Westhafer as
taxpayer, filed on July 31, 2008, in the office of the Prothonotary of Cumberland County,
Pennsylvania, in the amount of $89,516.58, (a copy of said Federal Tax Lien is attached
hereto and marked Exhibit `B").
5. On February 25, 2004, the Defendant, made, executed and delivered a mortgage
upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded
in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record
Book 1855 at page 1924, a copy of said mortgage being attached hereto and marked as
Exhibit "C" and incorporated herein by reference.
6. The mortgage secures Defendant's note dated February 25, 2004, in the amount of
$911,294.00, payable to Plaintiff in monthly installments with interest adjusted as per terms
of the note, a copy of which is attached hereto as Exhibit "D" and incorporated herein by
reference.
4
7. Said mortgage has not been assigned.
8. The real estate is described as follows:
Property Address: 71 Silver Crown Drive, Mechanicsburg, PA 17055
Tax Map and Parcel No. 38-15-1277-034
ALL that certain tract of land situate in the Township of Silver Spring,
County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown
Drive at the dividing line between Lots Nos. 5 and 6 on the hereinafter
mentioned Plan of Lots; thence along the southern side of Silver Crown
Drive, South 87 degrees 13 minutes East, a distance of one hundred (100)
feet to the dividing line between Lots Nos. 4 and 5 on the hereinafter
mentioned Plan; thence along said dividing line, South 02 degrees 47
minutes West, a distance of two hundred twenty-two and seventy-eight
hundredths (222.78) feet to a point; thence South 85 degrees 14 minutes
West, a distance of one hundred and eight hundred seventy-five thousands
(100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on
the hereinafter mentioned Plan of Lots; thence along said dividing line,
North 02 degrees 47 minutes East, a distance of two hundred thirty-four
and three hundredths (234.03) feet to the southern side of Silver Crown
Drive at the point or place of BEGINNING.
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in
the Cumberland County Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey
L. Thompson, his wife, by deed dated October 6, 1978, and recorded in
the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and
conveyed unto Steve Westhafer.
9. Said mortgage is in default because the payments of principal and interest, which
have become due and payable on October 25, 2011, and on the 25th day of each month
thereafter, remain due and unpaid. By the terms of said mortgage and at the option of
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable.
5
10. The present owner of the real estate is the Defendant, Steve Westhafer, also
known as Steven E. Westhafer.
11. By reason of the aforesaid default, the following amounts are due in accordance
with the terms of the mortgage:
(a) Balance of unpaid principal
(b) Interest from 11/14/11 to 04/30/12
(Plus $130.31 per diem thereafter)
(c) Late charges to 04/30/12
(Plus $221.76 per month thereafter)
(d) Other fees
(e) Attorney's fees (estimated through
completion of foreclosure, at a rate
of $210.00 per hour)
TOTAL
$760,990.25
$ 24,566.26
$ 4,169.31
$ 3,709.83
$ 5,446.45
$798,882.10
12. The attorney's commissions set forth above are in conformity with the mortgage
documents and Pennsylvania law and will be collected in the event of a third party purchaser
at Sheriff's Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable
attorney's fees will be charged based upon legal work actually performed.
13. The Combined Notice of Delinquency, which satisfies the requirements of the
Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S.
§ 1680.401 c), as amended, has been sent to Defendant by first-class mail, postage prepaid, and
by certified mail, return receipt requested. Copy of the Combined Notice of Delinquency sent
to Defendant is attached hereto and marked as Exhibit "E" and incorporated herein by
reference. The Notices sent by certified mail were returned by the United States Postal
Service marked "unclaimed". The certified mail envelope addressed to the Defendant is
attached hereto and marked Exhibit "F". Said envelope is incorporated herein by reference.
6
The U.S. Postal Service Track and Confirm pages are attached hereto, incorporated herein,
and marked as Exhibit "G".
WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
sum. of $796,935.65, plus interest from May 1, 2012, at a per diem of $130.31, additional late
charges, costs of suit, and other charges collectible under the terms of the mortgage; for the
foreclosure and sale of the mortgaged property; and for other relief as the Court deems
appropriate. Plaintiff also demands judgment against the United States of America for the
purpose of divesting the tax liens held by such Defendant.
Respectfully submitted:
PURL, EASTMAN & THRASHER
By:
Edward G. Puhl, Esquire
Attorney ID Number 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
7
STATE OF PENNSYLVANIA,
COUNTY OF ADAMS
Susan M. Saylor, being duly sworn according to law, does depose and say that she is
the Assistant Vice President, Loan Risk Officer, of ACNB Bank, formerly known as Adams
County National Bank, and that the facts set forth in the foregoing complaint are true and
correct to the best of her knowledge, information and belief.
XS6san M. Saylor
Sworn to and subscribed before me
this 7"14' day of _ M,%y ,
2012.
o`-14L .j 7C. GAu,ftcG
Notary Public
COMMONWEALTH OF PENNSYL AW
NOW" Sam
My commission expires: Lesk IL
Notary PW*
GGWjA Xq fto, Adam CWW
W Commhdm P g' OcL 24 3M
MEMBER, PCIM6Y MM AS8 MTM OF NOTARIES
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E}ffl[BIT iAw Page 1 Of 2
Forty 668 (YXc) Department of the Treasury - Internal Revenue Service
(Aw. Febuvy 2004) Notice of Fedora! Tax Lien 77. n(
Ares: Serial Number
SPELL B0rBDMSS/8SLF BMHLOYBD AREA #2
Uen Unit Phone: Moo) 913-6050 410602207
As provided by section 6321, 6322, and 6323 of the hownal R,eveaue
Code, we am pbvhlg a nodes that turn (lufWnp loin -at and penalties)
have been assessed agahut the i?olfowh sexined-taapgw. We have made
a demand for payment of dds M"ky, but h remahm unpaid. 7haefte,
thane is a am to favor of dw Unked Stags on al property and r$s to
property I le t to dds taqayer for die amount of than ta] m and
aionai penaldes, haerest, and costs that may mmmli.
Residence 71 SILVER CROWN DR
MECHANICSBURG, PA 17050-1638
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IMPORTANT RELEASE INFORMATION: For each assessment listed below,
notice of the Ron is re8led by the date given in column (e), this notice shall,
unZ
i nday following such date, operate as a certificate of release as defined
n 6326(x)
.
Kind of Tax Ending i Due of Last JAW for
demNybW Number Assessment ftfift
1040 112/31/20041 XXX-XX-2265 04/02/2007 05/02/2017
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
Anusmant
9940.91
Total !$ 9940.91
This notice was prepared and signed at DETROIT, MI
the 19th day of December 2007
, on this,
Signature Title
REVENUE OFFICER 22-06-1442
for DAVID M. SHROYER (717) 777-9625 x1320
00M Certlficete of officer authorized by law, to take acknowfedgment is not esaentlel to the valldhy of Notice of Federal Tax lien
Rev. Aul. 71-486, 1971 - 2 C.B. 4091
Part i - Kept by 1twordbrg OffkA CAT. f69(lAT (Rev. 2-2004)
C. NO fi0026X
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Page 1 of 2
6152
Department of the Treasury - fraternal Revenue Service
Form 6" ifVlev. Fabxusnmry X zo004) os, Notice of Federal Tax Lien
ev. 7yG o ? F?M
A Serial Number For Opft W Un Office
rea:
SMALL BUSINESS/SELF EMPLOYED AREA #2 ?1
' •/4 00
Lien Unit Phone: (800) 913-6050 458434506 -
'k- 1
As provided by sKdoo 6321, 6322, aad 6323 of do btterad Rkivmtue C#L .2L o'7P
Coda, wa are OV106 a feotfoe tbat taxes (bdak%W 11111 069 std p4now") l y! ?
baw been assessed aphist aloe figkiwbtp•aaand taxpayer. W* bwe made rte. al
a donumd for pWmaft of dds UAW, but k rem .. aopold. '1'akehm
Im h of me Udbod woes on tae property and r1shes to
tbef+,e k a
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property be1o a to dds 4xryayar for die amome of these taxes, sad 0 c
0
additional peaaides, sad cow that awry aomm
'U Ce C-
Nome of Taxpayer STBVS E WSSTHAFBR ?r c
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Residence 71 SILVER CROWN DR t -;
MECHANICSBURG, PA 17050-1638 ??:= N err
OfNMANT RUSM RMMATtON: For each assessment Noted below, w
unless notice of the Nen b rallied by the date given in cokimn (a), this notice shall,
on the day following such date, operate as a certificate of reiesss as defined
in IRC 8325(a).
T Lag DW for
-
Khad of Tax 6?
1 1d Asst
Rdft A t
of
(a) b c t
1040 12/31/2005 XXX-XX-2265 04/14/2008 05/14/2018 89516.58
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
Total J $
This notice was prepared end signed at
the 22nd day of July
DETROIT, MI
2008
89516.58
on this,
Signature " /- y.
for DAVID M. SHROYER
(14C" f& Centheate of officer authorised by
Rev. Rut. 71-406,1971 - 2 C_8. 4091
lit
OFFICER 22-06-1442
(717) 777-9625 x1320
or to take acknowledgment is not essendel to the validity of Notice of Federal Tex Non
Part 1 - KW by RaWAft Offtoe norm 669(Yxc) (Rev. 2-20041
CAT. NO 60025X
SIT °B° Page 2 of 2
\JC(09?
,187RT F. 1ECLER
'DER Ji' DEEDS
4 Ft 27 PN 3 29
Commonwealth of Pennsylvania Space Above This Line For Recording Data
OPEN-END MORTGAGE
This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is . FEBRUARY 25 . . 2 0 04
and the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR:
STEVE WESTHAFER
71 SILVER CROWN DRIVE
MECHANICSBURG PA 17055
?If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER:
ADAMS COUNTY NATIONAL BANK
PO BOX 3129
GETTYSBURG PA 17325
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this
Security Instrument, Mortgagor grants, bargains, conveys. and mortgages to Lender the following
described property:
SEE ATTACHED LEGAL DESCRIPTION
The property is located in .......!:!UN13.ERLAND ................................ at
....................................
(County)
71 SILVER CROWN DRIVE MECHANICSBURG ,._pennsylvama
...17055
(Address) (city) (zIP code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops,
timber, all diversion payments or third party payments made to crop producers, all water and riparian
rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate described
above (all referred to as "Property").
3. MAXJTAUM OBLIGATION LEVHT. The total principal amount secured by this Security Instrument at
any one time shall not exceed $ .... , 911 2 94: o o . This limitation of amount.does not include
interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation
does not apply to advances made under the terms of this Security Instrument to protect Lender's security
and to perform any of the covenants contained in this Security Instrument.
PENNSYLVANIA - AGRICULTUPJ=OMMERCIIAML MORTGAGE INOT FOR FNMA, FHLMC, FHA OR VA USE, ANO NOT FOR CONSUMER PURPOSES) (page 1 of 10)
may. ? ® 1994 Bankers Systems,., St. ad, MN Forth AG/CO-MTG-PA 7!19!2000 -4
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4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s); contract(s), guaranty(s) or other evidence
of debt described below and all their extensions, renewals, modifications or substitutions. (When
referencing the debts below it is suggested that you include items such as borrowers' names, note
amounts, interest rates, maturity dates, etc.)
BORROWER: WESTYIS VILLAGE INC
LOAN-AMOUNT: $ 911,294.00
INTEREST RATE: 6.000 $
MATURITY DATE: 02/25/2024
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender
Leh romsory ote, codence of debt existing now or executed
y Inumens specifically referenced. If
ne signs Mortgagor agrees that this Security
t will secure all future advances and future obligations that are given to or incurred by
any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and
other future obligations are secured by this Security Instrument even though all or part may not yet
be advancedr All future advances and other future obligations are secured as if made on the date of
this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to
make additional or future loans or advances in any amount. Any such commitment must be agreed
to in a separate writing.
C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not
prohibited by law, incluli. , but not limited to, liabilities for overdrafts relating to any deposit
account agreement between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or
otherwise protecting the Property and its value and any other sums advanced and expenses
incurred by Lender under the terms of this Security Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the
right of rescission.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the
Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement
or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor
agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note
or agreement secured by the lien document without Lender's prior written consent.
3. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due. Lender may
rec?urre Mortgagor to ?rovide to Lender copies of all notices that such amounts are due and the receipts
evidencing Mortgagor s payment. Mortgagor will defend title to the Property against any claims that
would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by
Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials
to maintain or improve the Property.
E 45&- ?b ® 1994 Bankers Systems,lnaZ St7", MN Form AG/CO-MTG-PA 711912000 Z -?-AO
(page 2 of 70)
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9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the
Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any
lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by
federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in
effect until the Secured Debt is paid in full and this Security Instrument is released.
10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a
natural person (such as a corporation or other organization), Lender may demand immediate payment if:
A. A beneficial interest in Mortgagor is sold or transferred.
B. There is a change in either the identity or number of members of a partnership or similar entity.
C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or
similar entity.
However, Lender may not demand payment in the above situations if it is prohibited by law as of the date
of this Security Instrument.
11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural
person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties
and representations which shall continue as long as the Secured Debt remains outstanding:
A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or
organization. Mortgagor is in good standing in all states in which Mortgagor transacts business.
Mortgagor has the power and authority to own the Property and to- carry on its business as now
being conducted and, as applicable, is qualified to do so in each state in which Mortgagor
operates.
B. The execution, delivery and performance of this Security Instrument by Mortgagor and the
obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly
authorized, have received all necessary governmental approval, and will not violate any provision
of law, or order of court or governmental agency.
C. Other than previously disclosed in writing to Lender, Mortgagor has not changed its name within
the last ten years and has not used any other trade or fictitious name. Without Lender's prior
written consent, Mortgagor does not and will not use any other name and will preserve its existing
name, trade names and franchises until the Secured Debt is satisfied.
12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property
in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or
allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of
noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not
substantially change without Lender's prior written consent. Mortgagor will not permit any change in any
license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify
Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to
the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior
written consent except that Mortgagor has the right to remove items of personal property comprising a
part of the Property that become worn or obsolete, provided that such personal property is replaced with
other personal property at least equal in value to the replaced personal property, free from any title
retention device, security agreement or other encumbrance. Such replacement of personal property will be
deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition
or subdivide the Property without Lender's prior written consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender shall give. Mortgagor notice at the time of or before an
inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be
entirely for Lender's benefit land. Mortgagor will in no way rely on Lender's inspection. /page 3 of 10)
01994 Bankers SYste s, , .R, %t3
Cho d, MN Fam AG7C0-M7G-PA 711912000 L
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13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants
contained in this Security Instrument, Lender may, without notice, perform or cause them to be
performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount
necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to
perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other
rights under the law or this Security Instrument. If any construction on the Property is discontinued or not
carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security
interest in the Property, including completion of the construction.
14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor grants, bargains, and conveys to Lender as
additional security all the right, title and interest in and to any and all:
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
agreements for the use and occupancy of any portion of the Property, including any extensions,
renewals, modifications or substitutions of such agreements (all referred to as "Leases").
B. Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits,
minimum rent, percentage. rent, additional rent, common area maintenance charges, parking
charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated
damages following default, cancellation premiums, "loss of rents" insurance, guest receipts,
revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all
rights and claims which Mortgagor may have that in any way pertain to or are on account of the
use or occupancy of the whole or any part of the Property.
In the event any item listed as Leases or Rents is determined to be personal property, this Security
Instrument will also be regarded as a security agreement.
Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases.
Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Except
for one lease period's rent, Mortgagor will not collect in advance any future Rents without Lender's prior
written consent. Upon default, Mortgagor will receive Rents in trust for Lender and Mortgagor will not
commingle the Rents with any other funds. Amounts collected shall be applied at Lender's discretion to
payments on the Secured Debt as therein provided, to costs of managing, protecting and preserving the
Property and to any other necessary related expenses including Lender's attorneys' fees and court costs.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security
Instrument and effective as to third parties on the recording of this Security Instrument, and this
assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is
entitled to notify Mortgagor or. Mortgagor's tenants to make payments of Rents due or to become due
directly to Lender after such recording. However, Lender agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and
Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving the notice of
default, Mortgagor will endorse and deliver to Lender any payments of Rents.
Mortgagor warrants that no default exists under the Leases or any applicable landlord law. Mortgagor
also agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law.
Mortgagor will promptly notify Lender of any noncompliance. If Mortgagor neglects or refuses to enforce
compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance.
Mortgagor will obtain Lender's written authorization before Mortgagor consents to sublet, modify,
cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases
(unless the Leases so require), or to assign, compromise or encumber the Leases or any future Rents. If
Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its
maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or
intentional torts. Otherwise, Mortgagor will hold Lender harmless and indemnify Lender for any and all
liability, loss or damage that Lender may incur as a consequence of the assignment under this section.
15. LEASEHOLDS; CONDOA'IINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to
comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property
(page 4 of 101
® 1994 B-kr s Systems, Inc., St. Cloud, MN Form AG/CO-MTG-PA 7/19/2000 L -EM-)
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includes a unit in a condominium or a planned unit development, Mortgagor will perform all of
Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit
development.
16. DEFAULT. Mortgagor will be in default if any of the following occur:
A. Any party obligated on the Secured Debt fails to make payment when due;
B. A breach of any term or covenant in this Security Instrument or any other document executed for
the purpose of creating, securing or guarantying the Secured Debt;
C. The making or furnishing of any verbal or written representation, statement or warranty to Lender
that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on
the Secured Debt;
D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any
debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt;
E. A good faith belief by Lender at any time at Lender is insecure with respect to any person or
entity obligated on the Secured Debt or that the prospect of any payment is unpaired or the value
of the Property is impaired;
F. A material adverse charge in Mortgagor's business including ownership, management, and
financial conditions, which Lender in its opinion believes impairs the value of the Property or
repayment of the Secured Debt; or
G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly
erodible land or to the conversion of wetlands to produce an agricultural commodity, as further
explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M.
17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide
Mortgagor' with notice of the right to cure or other notices and may establish time schedules for
foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and
foreclose this Security Instrument in a manner provided by law if Mortgagor is in default.
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall
become immediately due and payable, after giving notice if required by law, upon the occurrence of a
default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the
terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct,
cumulative and not exclusive., and the Lender is entitled to all remedies provided at law or equity,
whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment
on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed
shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not
exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the
event a default if it continues or happens again.
18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.
Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches
any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by
Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security
interest. These expenses will bear interest from the date of the payment until paid in full at the highest
interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this
Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and
other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to
pay for any recordation costs of such release.
19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
Environmental Law means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local
laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning
the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance
® 1994 Bankers SYstems,Fr e.. StWud? MN Form AG/Co-MTG-PA 711912000 ,
[page 5 of 10)
]E?I'1' "C" Page 5 of 11
BKf855:P5t92'
means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
welfare or environment. The term includes, without limitation, any substances defined as "hazardous
material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental
Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
has been, is, or will be located, transported, manufactured, treated, refined, or handled by any
person on, under or about the Property, except in the ordinary course of business and in strict
compliance with all applicable Environmental Law.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and
will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous
Substance occurs on, under or.about the Property or migrates or threatens to migrate from nearby
property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
event, Mortgagor will take all necessary remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no
knowledge of or reason to believe there is any pending or threatened investigation, claim, or
proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the
Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor
will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any
such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the
right, but not the obligation, to participate in any such proceeding including the right to receive
copies of any documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every
tenant have been, are and shall remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender,. there are no underground
storage tanks, private dumps or open wells located on or under the Property and no such tank,
dump or well will be added unless Lender first consents in writing.
G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the
Property, and confirm that all permits, licenses or approvals required by any applicable
Environmental Law are obtained and complied with.
H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and
inspect the Property and review all records at any reasonable time to determine (1) the existence,
location and nature of any Hazardous Substance on, under or about the Property; (2) the existence,
location, nature, and magnitude of any Hazardous Substance that has been released on, under or
about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with
applicable Environmental Law.
1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a
qualified environmental engineer to prepare an environmental audit of the Property and to submit
the results of such audit to Lender. The choice of the environmental engineer who will perform
such audit is subject to Lender's approval.
J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this
section at Mortgagor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section,
(1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from
and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation
costs, penalties and expenses, including without limitation all costs of litigation and attorneys'
fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion,
Lender may release this Security Instrument and in return Mortgagor will provide Lender with
collateral of at least equal value to the Property secured by this Security Instrument without
prejudice to any of Lender's rights under this Security Instrument.
_?1? ? 'AA \\)) !page 6 of 101
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L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the
terms of this section shall survive any foreclosure or satisfaction of this Security Instrument
regardless of any passage of title to Lender or any disposition by Lender of any or all of the
Property. Any claims and defenses to the contrary are hereby waived.
20. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the
above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
shall be considered payments and will be applied as provided in this Security Instrument. This assignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
21. INSURANCE. Mortgagor agrees to maintain insurance as follows:
A. Mortgagor shall keep the Property insured against loss by fire, flood, theft and other hazards and
risks reasonably associated with the Property due to its type and location. This insurance shall be
maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall
not be.unreasonably withheld. If Mortgagor fails to maintain the coverage described above Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to
the terns of this Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard
mortgage clause and, where applicable, "loss payee clause." Mortgagor shall immediately notify
Lender of cancellation or termination of the insurance. Lender shall have the right-to hold the
policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts
of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the
insurance carrier and Lender. Lender may make proof of loss if not made immediately by
Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair
of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any
application of proceeds to principal shall not extend or postpone the due date of scheduled payment
nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property
is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured
Debt immediately before the acquisition.
B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an
additional insured in an amount acceptable to Lender, insuring against claims arising from any
accident or occurrence in or on the Property.
C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender,
in an amount equal to at least coverage of one year's debt service, and required escrow account
deposits (if agreed to separately in writing), under a form of policy acceptable to Lender.
22. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement,
Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow.
23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon
request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees
to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to
perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien
status on the Property.
24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND.
All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security
Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's
g?{ 7 /Y'', (page 7 of 10)
EX? 01994 Bankers Systems, F1ZR, 54 Clo d, MN Form AG/CO-MTG-PA 7/19/2000 1[lc
FxRrR M "C" Page 7 of 11
BK!855PG1930
interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be
personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and
Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or
claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not
limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this
Security Instrument may extend, modify or make any change in the terms of this Security Instrument or
any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the
terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and
benefit the successors and assigns of Mortgagor and Lender.
25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed
by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the
laws of the jurisdiction where the Property is located. An provision that appoints Lender 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). Lender, by exercising any of its rights under this Security Instrument, does so for
benefit of Lender. This Securi Instrument is complete and fully integrated. This Security Instrument
may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments,
or any agreement related to the Secured Debt that conflicts with applicable law will not be effective,
unless that law expressly or impliedly permits the variations by written agreement. If any section of this
Security Instrument cannot be enforced according to its terms, that section will be severed and will not
affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall
include the-plural and the plural the singular. The captions and headings of the sections of this Security
Instrument. are for convenience only and are not to be used to interpret or define the terms of this Security
Instrument: Time is of the essence in this Security Instrument.
26. NOTICE. 'Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by
first class email to the appropriate party's address on page 1 of this Security Instrument, or to any other
address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors.
27. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating
to the Property.
28. WAIVER OF JURY TRIAL. To the extent not prohibited by law, Mortgagor and Lender knowingly
and intentionally waive the right, which the party may have, to a trial by jury with respect to any
litigation-arising from the Secured Debt, or any other agreement executed in conjunction with the
Evidence of Debt and this Mortgage. Mortgagor and Lender each acknowledge that this section has
either been brought to the attention of each party's legal counsel or that each party had the
opportunity to do so.
29.U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security
Instrument:
? Construction Loan. This Security Instrument secures an obligation incurred for the construction
of an improvement on the Property.
? Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns
now or in the future and that are or will become fixtures related to the Property.
? Crops; Timber; Minerals; Rents, Issues, and Profits. Mortgagor grants to Lender a security
interest in all crops, timber, and minerals located on the Property as well as all rents, issues, and
profits of them including, but not limited to, all Conservation Reserve Program (CRP) and
Payment in Kind (PW payments and similar governmental programs (all of which shall also be
included in the term "Property")
? Personal Property. Mortgagor grants to Lender a security interest in all personal property located
on or connected with the Property, including all farm products, inventory, equipment, accounts,
documents, instruments, chattel paper, general intangibles, and all other items of personal property
/page 8 of 101
?- g?( '7
E?<J?, L- 01994 Bankers 5ystams,?., 5t8Jk rd, MN Form AG/CO-MTG-PA 7/19/2000
]?IT "C" PAGE 8 of 11
1311 F 13 9`3.1
t
Mortgagor owns now or in the future and that are used or useful in the construction, ownership,
operation, management, or maintenance of the Property (all of which shall also: be included in the
team "Property"). The term "personal property" specifically excludes that property described as
"household goods" secured in connection..with a. consumer" loan-as those terms are defined in
applicable federal regulations governing unfair and deceptive credit practices.
? fling As Financing Statement: Mortgagor agrees and acknowledges that this Security Instrument
also suffices as a financing statement and any carbon, photographic or other- reproduction may be
filed of record for purposes of Article 9 of the Uniform Commercial Code.
30. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
? Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the
Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until
released.
? Agricultural Property. Mortgagor covenants and warrants that the Property will be used
principally for agricultural or farming purposes and that Mortgagor is an individual or entity
allowed to own agricultural land as specified by law.
Cl Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to
acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be
construed as a purchase money mortgage with all of the rights,
priorities and benefits thereof
'. finder=the laws of the. Commonwealth of Pennsylvania.
'Additional Terms.
SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms
and covenants contained in-this Security Instrument and in any attachments. Mortgagor also acknowledges
receipt of a copy of this Security Tn. lment on the date stated on page 1.
Entity Name: ............................................
5",L)
GP . 2!2512004
4?ziTEVE WE S THAFE (Date)
Entity Nam: ................................................
............................................. 02/2512004
(Signature) (Date)
(Witness)
?? ...................................................
l)2/25/2004
(Signature) (Date) (S?t') .. ......................... (Date)
(Witness) ................................................... (Witness).....................................................
F ®1994 Bankers Systems.., SL Cloud, MN Form AG/CO-WG-PA 7/19/2000 (page 9 Of 10)
FAIT MC" Page 9 of 11
8 S PG 19 12
ACKNOWLEDGMENT:
COMMONWEALTH OF Pmnsy NanU.......... COUNTY OFCumberl.and ............. } ss.
oxavi"D On this, the ....25th..... day ofEebnmry,.:;2004 ...... before me 11=gy..LPI .B].Ewne..,
the undersigned officer, personally appeared .........?Y?. w@&l:X ............................
....................................................... :....... . known to me (or satisfactorily proven) to be
the person(s) whose name(s) is subscribed to the within instrument, and ackmowledged that he/she
executed the same for the purposes therein Contained.
In witness whereof, I hereunto set my hand and official seal.
My commission expires:
(SeQ
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
cy L. Bis&a, Notary Public
L;*Cjaw% dewp.. (Ankeriaw Qounl)r
Icn EVkm Se pt 8, 2007
Member, Pennsylvania Association Of Notaries
NOTARY PUBLIC
...............,
Tide of Officer
F.
COMMONWEALTH OF ....................::, COUNTY OF F%
.......................
csl>slww On this, the ................. day of ............................., before me ..................
Fodtymew) the undersigned officer, personally appeared .................................................
cbowim*
..............................................................., who acknowledged hlmSelf/hers
............................... of ....................................................................................
.......................... and that he/she as such ................................................................ .
being authorized to do so, executed the foregoing instrument for the purposes therein contained
by signing the name of the ................................... by ........................................... as
...................................................................................................................... .
In witness whereof, I hereunto set my hand and official seal.
My commission expires:
(seal)
...........................................................
Title of Officer
It is hereby certified that the address of the lender within named is:
.............................................
ADAMS COUNTY NATIONAL BANK PO BOX 3129 GBTTYSk]...PA 17325
..........................................................................Aiii ?...................................... .
ers Systems, Inc-, St Ooud, MN Form Ao/CaMTG-PA 7/19/2om (page 10 of 101
E,ij &• !6 O 1994 Bank
I TIM °C° Page 10 of 11
8KI855PG!933
Legal Description
ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland
and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown Drive at the dividing line between
Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the southern side of Silver
Crown Drive, South 87 degrees -13 minutes East, a distance of one hundred (100) feet to the dividing line
between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence along said dividing line, South 02
degrees 47 minutes West, a distance of two hundred twenty-two and seventy-eight hundredths (222.78)
feet to a point; thence South 85 degrees 14 minutes West, a distance of one hundred and eight hundred
seventy-five thousands (100.875) feet to a point at the dividing line between Lots Nos. 5 and 6 on the
hereinafter mentioned Plan of Lots; thence along said dividing line, North 02 degrees 47 minutes East, a
distance of two hundred thirty-four and three hundredths (234.03) feet to the southern side of Silver Crown
Drive at the point or place of BEGINNING
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in the Cumberland County
Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey L. Thompson, his wife, by deed
dated October 6, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County., Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed unto Steve
WOsthafer.
th is to be recorded
????I -'e-land County PA
Recorder of Deeds
..: ' P ?TT "c" Page 11 of 11
f 19,34TY1 & VILLAGE INC ?
120 WEST ALLEN STREET
MJ3CHAN1CSBURG PA 17055
BORROWER'S NAME AND ADDRESS
'I' Includes each borrower above, Jointly and se
ADAMS COUNTY NATIONAL BAS' Loan Number
Date PMR13ARY 25 2004
PO BOIL 3129 Maturity Date FEB. 25 2024
GETTYSBURG PA 17325 Loan Amount $ 911, 294.00
Renewal Of
. LENDER'S NAME AND ADDRESS
'You' means the lender, its successors and assigns.
For value received, 1 promise to pay to you, or your order, at your address gated above the PRINCIPAL sum of
Nara BUiMPW ZWrV= THOOBAW TWO W3=RB0 NnrsTr-POtxt AM 00/10o Dollars a 911,294.00
? Ski& Advance: 1 will receive all of this principal sum on _ N/A No additional advances are contemplated under this note.
RiMuldple Advance: The principal sum shown above Is the maximum amount of principal 1 can borrow under this note. On 02/25/2004
I will receive the amount of S and future principal advances are contemplated.
Conditions: The conditions for future advances are _]!E& CONSTRUCTION DRAW SC M2ULE DATED 2 /25 /04
U Open End Craft You and I agree that I may borrow up to the maximum amount of principal more than one time. TNs feature Is subject to
all other conditions and expires on N/A
RiC(osed End Credit, You and I agree that I may borrow up to the maximum only one time (and subject to all other conditions).
INTEREST: I agree'to pay Interest on the outstanding principal balance from 02/2512004 at the rate of 6,000 %
c?i per year until NEXT RATE CAANGE DATE - _ _
Ia Variable Rate: This rate may then change as stated below. HtMUM MUM RATS ON CORPORATE LOANS AT
Index Rate: The future rate will be 1.000 $ ABOVE the following Index rata;
Lam U.S. KMW C.WM COMMC . aAaxa TftAT TAS ?rALL aTRNSP JOQR1d1I. PUBUSHa9 AS THE PaIMB RATS
? No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control.
Rk Frequency and Timing: The rate on this note may change as often as 'DAILY
A change In the Interest rate will take effect ON _SAME DAY
Cl LlmltaUons: During the term of this loan, the applicable annual Interest rate will not be more than N/A % or less than
N/A 'Yo. The rate may not change more than % each
Effect of Variable Rate: A change In the Interest rate will have the following effect on the payments:
The amount of each scheduled payment will change. Ri The amount of the final payment will change.
ACCRUAL METHOD: Interest will be calculated on a SIMPLE INTEREST PER ANNUM basis.
POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid In full, as stated below:
? on the same fixed or variable rate bba?ssis In ffegt fore enstur(ty (as t atad aqo
R at a rate equal to 3. 0 00 k move t?e fughest _ rate published in the?Jall St -ect Journal's listing of money rates
RC LATE CHARGE: If a payment Is made more than 015 days after It is due, I agree to pay a late charge of 3 . 000 It OF THE
4AYMENT AMOUNT OR S 20.00 WHICHEVER IS GREATER
®C RETURNED CHECK CHARGE: I agree to pay a fee of $35.00 for each check, negotiable order of withdrawal or draft i issue in
connection with this loan that Is returned because it has been dishonored.
? ADDITIONAL CHARGES: In addition to Interest, I agree to pay the following charges which ? are Clare not Included in the principal amount
above:
'AYMENTS: I agree to pay this note as follows:
ikIntarest I agree to pay accrued Interest MONTHLY BfiGINNING 03 /25 /2004
ap.h cipal: I agree to pay the principal _, SEF AIZTTTT)NAT. TFRMC RFLOW
Installments: I agree to pay this note in
and will be due
payments. The first payment will be in the amount of $
A payment of $will be due
thereafter. The final payment of the entire
unpaid balance of principal and Interest will be due
TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing
Irizes the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter
me at any time without stay of execution. I waive notice service of process and process. 1 agree and understand
against me for any unpaid principal, accrued Interest aril accrued charges due on this note, plus collection costs
to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of
d may be done as often. as you elect. I further understand that my property may be seized without prior notice to
I,yyllnteptlonally and voluntarily waive. any and all constitutional rights 1 have to pre-deprivatlon notice and hearing
y derstarid the consequences of this waiver.
DDITIONAL TERMS: V
SEE ATTACHED ADDENDUM TO THIS NOTE, THE TERMS AND CONDITIONS OF
WHICH ARE MADE A PART HEREOF BY THIS REFERENCE
JRPOSE: The purpose of this loan Is
u id 1 J 6 UN:LT WMOII S SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING
if SECURITY: This note is separately secured by (describe separate THOSE ON PAGE 2).1 have received a copy on today's date.
ocument by type and dates: TY' S VILLAGE INC
3RTGAGSS DATED 2/25/04 I
his section is for your imww tue. Falk,re to xst a -w m _,"y d_. mss not mean
reamer we rot tf,a STEVEN li WSSTHAFER S/SEC/TREAS.
eeoa tMe note) i
I
signature for Lender
FORM 4 UNIVERSAL NOTE
0 1984, 1991 Benkern Systems, Inc„ 5t. Ckxxl, MN Form UN-0A 3!712002 1?? °D° (page r of 2)
DEFINITIOiv1 : As used on page 1, "IXil" means "-i terms that apply to If my right to receive r--oy from you is also owned by someone who
this ban. "II ' "me" or "my" means each Borro who signs this note has not agreed to pay , bte, your right of set-off will apppplIyy to m
y
y
and each other person or legal entity (includln jarantori, endorsers, interest in tha obligation -.J'io any other amounts I could w0
raw on
8?,'! sureties) who agrees to pay this note (toga referred to as 'us"). my sole request or endorsement
Your right of set-off d
"
.
oes not apply to
"You" or
your" means the Lender and its successors and assigns. an account or other obligation where my rights are -only as a
AAPLICABLE LAW: The law of the state of Pennsylvania will govern this representative. It also does not apply to any individual Retirement
note. Any term of this note which is contrary to applicable law will not be Account or other tax-deferred retirement account
affective, unless the law permits you and me to agree to such a variation .
. You will not be liable for the dishonor of any check when the dishonor
if any provision of this agreement cannot be enforced according to Its occurs because you set off this debt against any of my accounts. I agree
terms, this fact will not affect the enforceability of the remainder of this to hold you harmless from any such claims arising as a result of your
agreement. No modification of this agreement may be made without your exercise of your right of set-off.
express written consent. Time is of the essence in this agreement. Any REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real
provision that appoints you as an agent is not subject to the provisions o f estate or a residence that is personal property, the existence of a default
20 Ps.C.S.A. Section 6601 at seq. (Chapter 56; Decedents, Estates and and your remedies for such a default will be determined by applicable
Fiduciaries Code). By exercising any of your rights under this note, you do law, by the terms of any separate Instrument creating the security
ao for your sole benefit. interest and, to the extent not prohibited by law and not
t
h
con
ra rryy to t
e
COMMISSIONS OR OTHER REMUNERATION: I understand and agree that terms of the separate security Instrument, by the "Defouh" and
any insurance premiums paid to insurance companies as part of this note "Remedies" peragraphs herein.
NIII Involve money retained by you or paid back to
DEFAULT: I will be In default if
ou as com
i
i
y
m
ss
ons or
other remuneration. any one or more of the-following occur:
(1) 1 fall to make a payment on time or in the amount 'due; (2) 1 fail to
In addition, I understand and agree that some other payments to third
s
s
ti
f thi
t
l keep the property Insured, If required; (3) 1 fall to pay, or keep any
i
e
a
o
oar
per
s note may a
so involve money retained by you or
)aid back to you as commissions or other remuneration. prom
se, on any debt or agreement 1 have with you; (4) arty other creditor
of mine attempts to collect any debt I owe him through court pro-
PAYMENTS: Each payment I make on this note will first reduce the ceedings; (5) 1 die, am declared incompetent, make an assignment for the
imount 1 owe you for charges which are neither Interest nor principal. benefit of creditors, or become Insolvent (either because my liabilities ex-
"he remainder of each payment will then reduce accnaed unpaid Interest, ceed my assets or I am unable to pay my debts
as they become due); (6)
Ind then unpaid principal. If you and l agree to a different application of ,
I make any written statement or provide any financial Information that is
Iayments, we will describe our agreement on this note. I may prepay a untrue or Inaccurate at the time it was provided; (7) 1 do or fail to do
fart of, or the entire balance of this loan without penalty, unless we something which causes you to believe that you will have difficulty
pacify to the contrary on this note. Any partial prepayment will not
xcuse or reduce any later scheduled payment until this note Is paid In full collecting the amount I owe you; (8) any collateral securing this note is
used in a manner or for a purpose which threatens confiscation by a legal
unless, when I make the prepayment, you and I agree In writing to the authority; (9) 1 change my name or assume an additional name without
ontrary). first notifying you before making such !
change; 110) 1 fail to plant
- cult-
, 11TEREST: Interest accrues on the principal remaining unpaid from time ,
,
veto end harvest crops in due season; (11) any ban proceeds are used
o time, until paid In full. If I receive the principal in more than one for a purpose that will contribute to excessive erosion of highly erodible
dvance, each advance will start to earn interest only when 1 receive the land or to the conversion of wetlands to produce an agricultural commod-
dvance. The Interest rate In effect on this note at any given time will ity, as further explained In 7 C.F.R. Part 1940, Subpart G, Exhibit M.
pply to the entire principal advanced at that time. Notwithstanding REMEDIES: If I am in default on this note you have, but are not limited to,
nything to the contrary, 1 do not agree to pay and you do nbt Intend to the following remedies:
`large any rate of interest that is higher than the maximum rate of (1) You may demand Immediate payment of all I owe you under this
terest you could charge under applicable law for the extension of credit
let is agreed to here (either before or after maturity). If any notice of note (principal, accrued unpaid Interest and other accrued charges).
.(21 You may set off this debt against any right I have to the payment
terest accrual is sent and is in error, we mutually agree to correct it, of money from you, subject to the terms of the 'Set-Off"
xf if you actually collect more interest than allowed by law and this paragraph herein.
)reement, you agree to refund It to me. (3) You may demand security, additional security, or additional parties
IDEX RATE: The Index will serve only as a device for setting the rate on
i
Y
d to be obligated to pay this note as a condition for not using any
other remed
s note.
ou
o not guarantee by selecting this index, or the margin,
at the rate on this note will be the some rate you charge on any other y.
14) You may refuse to make advances to me or allow purchases on
Etna or class of loans to me or other borrowers.
"CRUAL METHOD: The amount of Interest that I will pay on this ban credit by me.
(5) You may use any remedy you have under state or federal law.
ill be calculated using the interest rate and accrual method stated on
,go 1 of this note. For the purpose of interest calculation
the accrual By selecting any one or more of these remedies you do not give up
your right to later use any other remedy. By waiving your right to declare
,
3thod will determine the number of days In a 'year." If no accrual
Etthod is stated, then you may use any reasonable accrual method for
I
l
ti
i
t eon be do
vent asevent a to ddefault If it default, you continues s not waive your right to later consider the
event or hopper* again.
COLLECTION COSTS AND ATTORNEY FEW
11 e
ree to co
a
all
f
t
cu
a
ng
n
erest.
)ST MATURITY RATE- For purposes of deciding when the "Post
3turity Rate" (shown on page 1) applies, the tern 'maturity' means the .
p
y
g
s
s o
collection, replevin or any other or similar type of cost if I am re default
in ad
if you hire an attorney to collect this note, 1 also agree to pay
Most of the following: ee
any fee y you incur with such attorney plus court costs (except where
(a) the date of the last scheduled payment Indicated on page 1 of this prohibited by law). To the extent permitted by the United States
Bankruptcy Code
I also a ree to a the rea
bl
t
'
f
note;
(b) the date you accelerate payment on the note; or
(c) after the en
try of judgment on this note by confession or otherwise ,
sona
a
e
torney
s
ees an
costs you incur to collect this debt as awarded by Y any court exercising
9
I
)udIVERo under the Bankruptcy Code.
i
h
WAIVER
i
i
h
and applies to amounts owed under this note on any such.
judgment until paid In full. g
ts r
ve up my r
:
g
g
ts (t (to the extent permitted by law) to require
you to do certain things. I will not require you to:
OGLE ADVANCE LOANS: If this is a single advance loan, you and 1
:)act that you will make only one advance of principal. However
you (1) demand payment of amounts due (presentment);
(2) obtain official certification of nonpayment (protest); or
,
Iy add other amounts to the principal if you make any payments
" (3) give notice that amounts due have not been paid (notice of
dishonor).
Scribed in the
PAYMENTS BY LENDER" paragraph below.
XTIPLE ADVANCE LOANS: If this is a multiple advance loan, you and I I waive any defenses I have based on suretyship or Impairment of
Collateral
)act that you will make more than one advance of principal. If this Is
sed and credit, repaying a part of the principal will not entitle me to .
OBLIGATIONS INDEPENDENT: I understand that I must pay this note
Ptional credit even if someone else has also agreed to pay It (by, for example, signing
.
VANCE PROCEDURE AND MEANS: You will advance the loan
needs by way of check
cash
wire transfer
credit to an account or this form or a separate guarantee or endorsement). You may sue me
alone, or anyone also who is obligated on this note, or any number of us
,
,
,
i combination as You and I agree. The advance(s) will occur upon together, to collect this note. You may do so without any notice that It
has not been paid (notice of dishonor). You may without notice release
)summation of the loan and as You and I agree, except that no
rance(s) will occur until after three business days from the date of any party to this agreement without releasing any other party. If you give
up any of your rights, with or without notice, it will not affect my duty to
)summation if the loan is rescindable pursuant to Regulation Z 02
R
§ 226) pay this note. Any extension of new credit to any of us, or renewal of
.
.
YMENTS BY LENDER: If you are authorized to pay, on my behalf, this note by all or less than all of us will not release me from my duty to
pay It. (Of course, you are entitled to only one payment in full
) I agree
Irges 1 am obligated to pay (such as property insurance premiums),
n you may treat those payments made by you as advances and add .
that you may at your option extend this note or the debt represented by
this note, or any portion of the note or debt
from time to time without
m to the unpaid principal under this rate, or you may demand
nedtate payment of the charges ,
limit or notice and for any term without affecting my liability for payment
.
r-OFF: I agree that you may set off any amount due and payable under of the note. I will not assign my obligation under this agreement without
your prior written approval.
: note against any right I have to receive money from you.
"Right to receive money from you" means: FINANCIAL INFORMATION: I agree to provide you, upon request, any
financial statement or information you may deem necessary. 1 warrant
(1) any deposit account balance I have with you;
(2) any money owed to me on an item presented to you or In your that the financial statements and Information 1 provide to you are or will
be accurate, correct and complete.
possession for collection or exchange; and
(3) any repurchase agreement or other nondeposit obligation.
" NOTICE: Unless otherwise required by law, any notice to me shall be
given by delivering it or by mailing It by first class mail addressed to me
Any amount due and payable under this note" means the total
punt of which you are entitled to demand payment under the terms of at my last known address. My current address is on page 1. 1 agree to
inform you in writing of any change in my address. I will give any notice
. note at the time you set off. This total includes any balance the due
a for which you properly accelerate under this note. to you by mailing It first class to your address stated on page 1 of this
agreement, or to any other address that you have designated.
DATE OF
ANSACTION PRINCIPAL
ADVANCE BORROWER'S
INITIALS
Inet -Mredl PRINCIPAL
PAYMENTS PRINCIPAL
BALANCE INTEREST
RATE INTEREST
PAYMENTS INTEREST
PAID
THROUGH:
$ $ $ % $
s
__ $ s % I
T s s % s
s _ s $ % s
s s $ % s
s s I s % s
s s $ % s
s $ $ % s
s s s % s
$ s s % s
s $ $ % s
F.XRTE3TT "D" L0 loaga 2 or 2/
jet 0 1984, 1991 Bankers Syrtema, Inc., SL Cloud, MN Form UN-PA 3!72002
Date: November 2, 2011
ACT 91 NOTICE
TAX11-%`.E6'ACT1ON TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Speck information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice
explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this
Notice. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA
TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE-STAMO
POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Steve Westhafer
PROPERTY ADDRESS: _ 71 Silver Crown Drive, Mechanicsburg, PA 17055-1638
LOAN ACCOUNT NO.:
ORIGINAL LENDER: Adams County National Bank now known as ACNB Bank
CURRENT LENDER/SERVICER:
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
EXHIBIT "E" Page 1 of 4
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and
attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP
TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice
(see following pages for speck information about the nature of your default.) You have the right to apply for financial assistance
from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting
with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE
SECTION CALLED "TEMPORARY STAY OF FORECLOSURE.
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE
WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE, YOUR MORTGAGE DEFAULT Brine it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
71 Silver Crown Road, Mechanicsburg, Silver Spring Township, Cumberland County, PA
IS SERIOUSLY INDEFALET because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts are now past
due: The monthly payment of $7,399.94 due for August 25 and the monthly payments of $7,399.98 due for
September 25 and October 25. 2011, plus past due charges of $2,837.55.
Other charges (explain/itemize): $3,798.08 resulting from a previous foreclosure action
TOTAL AMOUNT PAST DUE: $28,835.53
EXHIBIT "E" Page 2 of 4
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnoi applicable):
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BYPAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 28.835.53 . PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
ACNB BANK
PO Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the.following action within THIRTY (30) DAYS of the date of this letter: (Do not use i not
applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the
lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will
be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheri to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)
DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sherift's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheribrs Sale as
specked in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
NAME OF LENDER: ACNB Bank, formerly known as Adams County National Bank
ADDRESS: P.O. Box 3129, Gettysburg PA 17325
PHONE NUMBER: 717) 339-5069
FAX NUMBER: (717) 334-1658
CONTACT PERSON: Susan M. Saylor
E-MAIL. ADDRESS: _ssaylorCaMacnb.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or ./ may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at
the sale and that the other requirements of the mortgage are satisfied.
EXHIBIT "E" Page 3 of 4
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY, CUMBERLAND COUNTY, FRANKLIN COUNTY AND YORK COUNTY
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
1-888-511-2227
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Consumer Credit Counseling of York
55 Clover Hill Rd
Dallastown, PA 17313
1-888-511-2227
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Opportunity Inc.
301 E. Market Street
York, PA 17403
(717) 424-3645
HUD Housing Counseling Program
1-800-569-4287
'Copies also sent first class mail.
EXHIBIT "E"
Page 4 of 4
46
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EXHIBIT "F"
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YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM GATE & TIME LOCATION FEATURE'S
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9171969009350002856626 First-Class Mail Delivered November 25, 2011, 8:03 am GETTYSBURG, PA 17325 Return Receipt
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Processed through November 24, 2011, 4:43 am HARRISBURG, PA 17107
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Notice Left November 03, 2011, 12:36 pm MECHANICSBURG. PA 17050
Arrival at Unit November 03, 2011, 5:50 am MECHANICSBURG, PA 17055
Accepted at USPS November 03, 2011, 1:32 am HARRISBURG, PA 17107
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EXHIBIT "G"
h-tttps://tools.usps.com/go/TrackCon.firmAction input?gtq_tLabels1=9171 9690 0935 0002 ... 12/7/2011
4
FORM 1 t , y - w. t
ACNB Bank, formerly known as - -'j
IN THE COURT OF COMMON PLEAS OF
Adams County National Bank, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
Steve Westhafer, also known as .,
Steven E. Westhafer, and the
United States of America,
Defendant(s) /?
- "1? Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date Signature of Counsel for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMERIPRIMARY APPLICATION
Borrower name (s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Yes ? No ? Listing date:
Borrower Occupied: Yes ?
Mailing Address (if different)
City:
Phone Numbers: Home:
Cell:
State: Zip: _
Price: $
Realtor Phone:
State: Zip: _
Office:
Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
No ?
Is the loan in Bankruptcy? Yes El No El If yes, provide names, location of court, case number & attorney:
Assets Amount Owed:
Home: $ _
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: $
Savings: $
Other: $
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Other transportation (automobiles, boats, motorcycles)
Year: Amount owed:
Value:
Value:
Value:
Model:
Value:
Monthly income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:
Monthly Gross
Monthly Gross
Monthly Gross
Monthly Amount: _
Monthly Amount:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently oavine)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):_ Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated . 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s)
CASE MANAGEMENT ORDER
AND NOW, this day of
,20
Civil
, the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on
at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff,/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ZK
-
Ronny R Anderson i
Sheriff
? ? G ? ? U 1Il { `
r44
4 4?ti
Jody S Smith
C
Chief Deputy
Richard W Stewart
-w
Solicitor r _ -
ACNB Bank
Case Number
vs.
.
2012-2914
Steven E. Westhafer (et al.)
SHERIFF'S RETURN OF SERVICE
05/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Melissa A. Swauger, but was unable to locate her in hi:
bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint In Mortgage Foreclosure according to law.
05/14/2012 10:00 AM - Dauphin County Return: And now May 14, 2012 at 1000 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: United States of America
c/o Melissa A. Swauger by making known unto Phyllis Mitchell, Supervisor for The United States of
America at 228 Walnut Street, Suite 220, Harrisburg, Pennsylvania 17108 its contents and at the same
time handing to her personally the said true and correct copy of the same.
06/11/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1350
hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the
within named defendant, to wit: Steven E. Westhafer. After several attempts the Complaint in Mortgage
Foreclosure has expired.
SHERIFF COST: $73.80
June 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(s:1 Coun!y Sidle Sheriff. 77e'eosofi. tnc
Or
(ptfirt of the *4criff
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
ACNB BANK, FORMERLY KNOWN AS
ADAMS COUNTY NATIONAL BANK
VS
UNITED STATES OF AMERICA, ATTN:
MELISSA SWAUGER
Sheriff s Return
No. 2012-T-1397
OTHER COUNTY NO. 2012-2914
And now: MAY 14, 2012 at 10:00:00 AM served the within COMPLAINT IN MORTGAGE
FORECLOSURE upon UNITED STATES OF AMERICA, ATTN: MELISSA SWAUGER by
personally handing to PHYLLIS MITCHELL 1 true attested copy of the original COMPLAINT IN
MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT
STREET, SUITE 220 HARRISBURG PA 17108
SUPERVISOR
Sworn and subscribed to
before me this 15TH day of May, 2012
-)P4?z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
? -.soon.,
Sheriff of ?uphin Co , PA.
By
Deputy S eriff
Deputy: WILLIAM T SNYDER
Sheriffs Costs: $41.25 5/11/2012
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
No. 12-2914 Civil Term
vs.
Action in Mortgage Foreclosure
Steve Westhafer, also known as
Steven E. Westhafer, and
the United States of America,
Defendants.
c
PRAECIPE TO REINSTATE COMPLAINT r
c?
TO THE PROTHONOTARY:
'
Please reinstate the Complaint in the above-captioned case pursuan Pam. .
-"
'
'
401(b)(1). _< .e- _
-
PURL, EASTMAN & THRASHER
Dated: June 27, 2012
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
A0
?d ?N'1
vC?,? Ub58?vS
-7 -1 ags
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ACNB Bank
vs.
Steven E. Westhafer (et al.)
SHERIFF'S RETURN OF SERVICE
f )Ti
11012 JUL 23 Ate 8:137
i
CUMRERLA140 CUJ+ I'll"
PENNSYLVAI
Case Numb
2012-2914
07/13/2012 11:55 AM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on July 13, 2012 at
1155 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within
named defendant, to wit: Steven E. Westhafer, by making known unto himself personally, at The
Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County,
Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct
copy of the same.
JASON 111AI- DEPUTY
SHERIFF COST: $38.00
July 17, 2012
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS
CIVIL ACTION -LAW
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
VS.
Steve: Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
No. 12-2914 Civil Term
,; r r-a
~ ~
. ~-- ~:~
-C Z" ~
Action of Mortgage Fs
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PRAECIPE TO ENTER JUDGMENT BY DEFA~JLT
To the Prothonotary:
Enter judgment against Steve Westhafer, also known as Steven E. Westhafer,
United States of America, the Defendants above-named, for failure to plead to Plaintif
complaint and assess damages at $878,402.37, plus interest from NovembEr 14, 2011,
per diem rate of $141.50, any additional late chazges, and costs of suit. The undersign
hereby certify that, pursuant to Pa. R.C.P. 237.1, written notice of intention to file this
praecipe, a copy of which is attached hereto, was mailed to Defendants on August 6, 2
such date being more than twenty (20) days after the date of service of Plaintiff's comb
on July 13, 2012, and at least ten (10) days prior to the date of the filing of'this praecil
PUHL, EASTMAN &
Dated: Augus~_~7.~~~, 2012
By:
Edwazd G. Pulxl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
VANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN
CIVIL ACTION -LAW
ACNB Bank, formerly known as No. 12-2914 Civil Term
Adams County National Bank,
Plaintiff,
vs.
Steve Westhafer, also known as Action in Mortgage Fore
Steven E. Westhafer, and the
United States of America,
Defendants.
'; Ii To: Steve Westhafer, also known as Steven E. Westhafer, Defendant
71 Silver Crown Drive, Mechanicsburg, PA 17055
~'
Date of Notice: August 3, 2012
IlVIPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTE~t A WRIT
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN V~VRITING ~
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIIVIS 3Eri' FORTH
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE ~F THLS N
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A11
MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A~' ONCE. I
NtYI' HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SST FOR1'~
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT' HIRING .
LAWYER
IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OF!'ICE MAY
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TWAT MAY t
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE' OR NO FI
Cumberland County Bar Association
2 Liberty Street
.Carlisle, PA 17013
Telephone Number: 717-249-3166
PURL, EASTMAN &
By:
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
VANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~d'I,VANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
No. 12-2914 Civil Term
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants.
Action in Mortgage
To: United States of America, Defendant
Melissa A. Swauger, Assistant U.S. Attorney, U.S. Department of Justice,
United States Attorney's Office, Middle District of Pennsylvania, 228 VC-~alnut
Suite 220, Harrisburg, PA 17108
Date of Notice: August 3, 2012
IlVIPORTANT NOTICE
j YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII~ED TO ENTER A WRIT
APPEARANCE PEIL40NALLY OR BY ATTORNEY AND FILE IN V~RITING ~
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SE1T FORTH
YOU. UNLESS YOU ACT WI'I'ffiN TEN DAYS FROM THE DATE (~F THIS N
'!; JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AN
': MAY LOSE YOUR PROPERTY OR OTHER IlViP'ORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A~' ONCE. D
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SIFT FORTH
THIS OFFICE CAN PROVIDE YOU W1TH INFORMATION ABOUT HIRING ~
LAWYER
i IF YOU CANNOT AFFORD TO ffiRE A LAWYER, THIS OFI~TCE MAY
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TH1~T MAY C
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE IOR NO FE
Cumberland County Bar Association
2 Liberty Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
PURL, EASTMAN &
By:
Edward G. Puhl, Esquire
Attorney ID# 55709
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
YOU
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CIVIL DMSION ~~ ~ ~;~
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PRAECIPE FOR WRIT OF EXECUTION 7®' c'y ~' ~ c'•
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ACNB Bank, formerly known as
Adams County National Bank, ^ Confessed Judgment Z~
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Plaintiff ^ Other --t
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Steoe ii~afier, alao'h~o~n as Steoen E.
a~~,aod the IInited States
Defendant
Address:
File No. 12-2914 Civil Term
Amount Due $878,402.37
Interest $ 40,572.80
s -
Atty's Comm
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 approprialte original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
71 Silver Grown Drive, Mechanicsburg, Silver Spring Township,
Cumberland County, Pennsylvania 17055.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt,; interest
and costs, as above, directing attachment against the above-named garnishet(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
^ Date August 27, 2012 Signature:
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Edward G. Puhl~ Bsq.
220 Baltimore Street
Gettysburg, PA 17325
Plaintiff
(717)334-2159
Supreme Court ID No:
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55709
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EI~IT ~A" -LEGAL DESCRIPTION
Property Address: 71 Silver Crown Drive, Mechanicabarg, PA 17055
Taz Map and Parcel No. 3&15-1277-034
ALL that certain tract of land situate in the Township of Silver Spring,
County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown Drive at
the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned
Plan of Lots; thence along the southern side of Silver Crown Drive, South 8'7
degrees 13 minutes East, a distance of one hundred (100) feet to the dividing
line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence
along said dividing line, South 02 degrees 47 minutes West, a distance of two
hundred twenty-two and seventy-eight hundredths (222.78) feet to a point;
thence South 85 degrees 14 minutes West, a distance of one hundred and
eight hundred seventy-five thousands (100.875) feet to a point at the dividing
line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots;
thence along said dividing line, North 02 degrees 47 minutes East, a distance
of two hundred thirty-four and three hundredths (234.03) feet to the southern
side of Silver Crown Drive at the point or place of BEGINNING.
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in
the Cumberland County Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey L.
Thompson, his wife, by deed dated October 6, 1978, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed
unto Steve Westhafer.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-2914 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ACNB BANK, FORMERLY KNOWN AS ADAMS
COUNTY NATIONAL BANK Plaintiff (s)
From STEVE WESTHAFER, ALSO KNOWN AS STEVEN E. WESTHAFER, AND T>&IE
UNITED STATES OF AMERICA
(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: $878,402.37
L.L.: $.50
Interest $40,572.80
Atty's Comm:$3,SOO.Ob
Atty Paid: $274.80
Plaintiff Paid:
Due Prothy: $2.25
Other Costs:
Date: 8/29/2012
(Seal)
REQUESTING I?ARTY:
Name: EDV14'ARD G. PUHL, ESQUIRE
Address: PUHL, EASTMAN & THRASHER
220 BALTIMORE STREET
GETTYSBURG, PA 17325
Attorney for: PLAINTIFF
David D. Buell, Prothonotary
~ B e~ o - c~Z~~IG1G
Deputy
Telephone: 717-334-2159
Supreme Court ID No. 55709
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and
The United States of America,
Defendants.
No. 12-2914 Civil Term
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AFFIDAVIT PURSUANT TO RULE 3129.1
ACNB Bank, formerly known as Adams County National Bank, Plaintiff in
action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the
information concerning the real property set forth on Exhibit "A" attached hereto.
1. Names and residence address of owner:
Steven E. Westhafer
71 Silver Crown Drive
Mechanicsburg, PA 17055
2. Names and address of Defendant in the judgment:
Steven E. Westhafer
71 Silver Crown Drive
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judge
record lien on the real property to be sold:
Citibank (South Dakota) NA, 701 East 50th Street North, Sipux Falls,
57117. Plaintiff in judgment entered on September 28, 2007 to No. 2007-04E
amount of $3,430.96.
Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Plaintiff i
judgment entered on May 12, 2009 to No. 2009-02969 in the amount of
$1,048,473.88.
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Integrity Bank, 3345 Mazket Street, Camp Hill, PA 17011. Plaintiff in
judgment entered on May 12, 2009 to No. 2009-02971 in the amount of $799,261.05.
Integrity Bank, 3345 Mazket Street, Camp Hill, PA 17011. Plaintiff in
judgment entered on May 12, 2009 to No. 2009-02972 in the amount of $234, 39.49.
Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Plaintiff in
judgment entered on May 12, 2009 to No. 2009-02974 in the amount of $484, 05.24.
Integrity Bank, 3345 Mazket Street, Camp Hill, PA 17011. Plaintiff in
judgment entered on May 12, 2009 to No. 2009-02975 in the amount of $53,4 3.17.
Steven A. Everett, P.O. Box 126101, Harrisburg, PA 17112-6101. Pl ntiff in
judgment entered on January 27, 2011 to No. 2011-00900 in the amount of $l, 25.50.
Hoover Engineering Services, Inc., 658 Gaumer Road, Suite #100, Ne
Cumberland, PA 17070. Plaintiff in judgment entered on September 6, 2011 o No.
2011-06901 in the amount of $12,176.55.
United States Attorney's Office, Middle District of Pennsylvania, Atte tion:
Melissa A. Swauger, Assistant U.S. Attorney, U.S. Department of Justice, 228 Walnut
Street, P.O. Box 11754, Harrisburg, PA 17108. Plaintiff in judgment entered n
December 1, 2011 to No. 2011-08934 in the amount of $10,025.00.
ACNB Bank, formerly known as Adams County National Bank, 16 L' oln
Squaze, Gettysburg, PA 17325. Plaintiff in judgment entered on May 8, 2012 to No.
2011-07027 in the amount of $936,009.11.
Susquehanna Bank, successor by merger to Graystone Bank, 1828 Goo Hope
Drive, Enola, PA 17025. Plaintiff in judgment entered on May 21, 2012 to N . 2012-
03197 in the amount of $559,261.86.
Susquehanna Bank, successor by merger to Graystone Bank, 1828 Goo Hope
Drive, Enola, PA 17025. Plaintiff in judgment entered on May 22, 2012 to N . 2012-
03237 in the amount of $70,070.60.
4. Name and address of the last recorded holder of every mortgage of record:
Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Mortgage in
Instrument No. 200903120 recorded February 5, 2009.
Integrity Bank, 3345 Mazket Street, Camp Hill, PA 17011. Mortgage in
Instrument No. 200903121 recorded February 5, 2009.
Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Mortgagee in
Instrument No. 200903122 recorded February 5, 2009.
i
Integrity Bank, 3345 Market Street, Camp Hill, PA 17011. Mortgagee in
Instrument No. 200903123 recorded February 5, 2009.
ACNB Bank, formerly known as Adams County National Bank, 16 Li oln
Square, Gettysburg, Pennsylvania 17325. Mortgagee in instrument recorded i Record
Book 1855, at page 1924.
5. Name and address of every other person who has any record lien on
property:
Commonwealth of Pennsylvania, Department of Revenue, Bureau of
Compliance, Lien Section, P.O. Box 280948, Harrisburg, PA 17128-0948. T lien
entered on December 3, 2007 to No. 2007-07268 in the amount of $7,161.20.
Commonwealth of Pennsylvania, Department of Revenue, Bureau of
Compliance, Lien Section, P.O. Box 280948, Harrisburg, PA 17128-0948. T lien
entered on July 17, 2008 to No. 2008-04284 in the amount of $11,410.80.
United States Treasury Department, c/o United States Attorney's Offic ,
Middle District of Pennsylvania, Attention: Melissa A. Swauger, Assistant U. .
Attorney, U.S. Department of Justice, 228 Walnut Street, P.O. Box 11754, H 'sbw
Pennsylvania 17108. Tax lien entered on January 3, 2008 to No. 2008-00035 the
amount of $9,940.91.
United States Treasury Department, c/o United States Attorney's Office
Middle District of Pennsylvania, Attention: Melissa A. Swauger, Assistant U.I
'; ~ Attorney, U.S. Department of Justice, 228 Walnut Street, P.O. Box 11754, Hai
Pennsylvania 17108. Tax lien entered on July 31, 2008 to No. 2008-04601 in
amount of $89,516.58.
Commonwealth of Pennsylvania, Department of Revenue, Bureau of
Compliance, Lien Section, P.O. Box 280948, Harrisburg, PA 17128-0948. T lien
entered on March 8, 2011 to No. 2011-02852 in the amount of $19;151.12.
Commonwealth of Pennsylvania, Department of Revenue, Bureau of
Compliance, Lien Section, P.O. Box 280948, Harrisburg, PA 17128-0948. T lien
entered on June 5, 2012 to No. 2012-03532 in the amount of $4,128.02.
6. Name and address of every other person who has any record interest in
property and whose interest may be affected by the sale:
None known to Plaintiff.
__ _.. _ n --_.
7. Name and address of every other person of whom the Plaintiff has kno
who has any interest in the property which may be affected by the sale:
Cavalry Portfolio Services, LLC, as assignee of Cavalry SPV I, LLC, a
assignee of Bank of America/FIA Card Services, N.A., 7 Skyline Drive, Hawt
NY 10532, Plaintiff in Civil Action Nos. 2011-04341, 2011-04346, and 2011
I verify that the statements made in this affidavit are true and correct to the bes
knowledge or information and belief. I understand that false statements herein are ma
subject to penalties of 18 Pa. C.S.§4904 relating to unsworn falsification to authorities
PURL, EASTMAN & THRASHER
Dated: . •~ UlZ
By:
Edward G. Puhl, Esq.
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
7.
of my
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~JANIA
CIVIL DIVISION `~~
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and
the United States of America,
Defendant.
~,
No. 12-2914 Civil Te r-~
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Action in Mortgage Foreclosure
NOTICE OF SHERIFF'S SALE OF.REelL PROPERTY
PURSUANT TO FA. RC.P. 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on ber 5
'the SHERIFF' S OFFI CE, CUMBERLAND CO LINTY CO URTHO USE, O E CO UR'
SQUARE, CARLISLE, PENNSYLVANIA 17013 at 10:00 A.M., prevailing'', local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description m.
consisting of a statement of the measured boundaries of the property, together (with a bri
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
THE LOCATION of your property to be sold is: 71 Silver Crown Drive,
Pennsylvania 17055.
THE JUDGMENT under or pursuant to which your property is being sold is
Civil Action No. 12-2914 Civil Term.
The name of the owner or reputed owner of this property is: Steve W~sthafer,
as Steven E. Westhafer.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
entities or agencies being entitled to receive part of the proceeds of the sale received and t
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities the
owed taxes), will be filed by the Sheriff within ten (10) days after the sale and I distribution
proceeds of sale in accordance with this schedule will, in fact, be made unless'sorneone of
filing exceptions to it within ten (10) days of the date it is filed. Information about the Scl
Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberl~
County, Pennsylvania, Cumberland County Courthouse, One Courthouse Squire, Cazlisle
Pennsylvania 17013, (717) 240-6390.
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PROPERTY. It has been issued because there is a judgment against you. It may cause y ur
!property to be sold or taken to pay the judgment. You may have legal rights to prevent y ur
property from being taken. A lawyer can advise you more specifically of these rights. If ou wish
to exercise your rights, you must act promptly.
', YOUS7IOULD TASE THIS' PAPER TO YOUR LAWYER AT ONCE GO ?i
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT p~Y.~XE YOU
FREELEGAL ADVICE
Cumberland County Baz Association
32 South Bedford Street
Cazlisle, PA 17013
Telephone: (717) 249-3166
THELEGAL RIGHTS' YOUMAYHAVEARE:
1. You may file a petition with the Court of Common Pleas of Cumberland Cow
the judgment if you have a meritorious defense against the person or company that has ei
judgment against you. You may also file a petition with the same Court if you aze awaze
defect in the obligation or procedure used against you.
OR
GET
to open
a legal
2. After the Sheriffs Sale you may file a petition with the Court of Common Ple of
Cumberland County to set aside the sale for grossly inadequate price or for other proper c use
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 prec ng
paragraphs must be presented to the Court of Common Pleas of Cumberland County at on of the
'' Court's regulazly scheduled business court sessions. The petition must be served on the a orney for
'' the creditor at least two (2) business days before presentation to the Court and a proposed rder 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 quare,
', Cazlisle, Pennsylvania 17013, before presentation of the petition to the Court.
PUffi., EASTMAN &
Edwazd G. Puhl, Esq.
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, Pennsylvania 17325
(717) 334-2159
Attorney ID No. 55709
2
EDIT "A" -LEGAL DESCRIPTION
Property Address: 71 Silver Crown Drive, Mechanicsburg, PA 17@55
Taz Map and Parcel No. 38-15-1277-034
ALL that certain tract of land situate in the Township of Silver Spring,
County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown Drive at
the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned
Plan of Lots; thence along the southern side of Silver Crown Drive, South 87
degrees 13 minutes East, a distance of one hundred (100) feet to the dividing
line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence
along said dividing line, South 02 degrees 47 minutes West, a distance of two
hundred twenty-two and seventy-eight hundredths (222.78) feet to a point;
thence South 85 degrees 14 minutes West, a distance of one hundred and
eight hundred seventy-five thousands (100.875) feet to a point at the dividing
line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots;
thence along said dividing line, North 02 degrees 47 minutes East, a distance
of two hundred thirty-four and three hundredths (234.03) feet to the southern
side of Silver Crown Drive at the point or place of BEGINNING.
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in
the Cumberland County Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey L.
Thompson, his wife, by deed dated October 6, 1978, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed
unto Steve Westhafer.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
v.
Steve Westhafer, also known as
Steven E. Westhafer, and
the United States of America,
No. 12-2914 Civil Term
Action in Mortgage
Defendants. ~,..,~ f_,
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RETURN OF SERVICE ~, y.~ ~
/V/
STATE OF PENNSYLVANIA .~'~ ~ n
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COUNTY OF ADAMS. zo ~'
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On this, the day of August, 2012, before me, a Notary Public, t~
officer, personally appeared Edward G. Puhl, Esquire, who having been by me duly s~
his oath does depose and say that he is the attorney for ACNB Bank, Plaintiff in the at
captioned matter, and that attached hereto is a true and correct copy of the Notice of S.
Sale of Real Estate Pursuant to PA R.C.P. 3129.2 to Creditor or Other Person or Other
in Interest, copies of said notices having been mailed by Edward G. Puhl, Esquire, by
class mail, postage prepared, deposited at the post office in Gettysburg, Pennsylvania,
August ~g~ , 2012, to creditors or other persons or parties in interest, as set forth in
affidavit filed Pursuant to Rule 3129.1 in the above-captioned matter, copies of U.S. P
Service certificates of mailing also being attached hereto, and that the facts set forth he
true and correct to the best of his knowledge, information and belief.
Edward G. Puhl, Esquire
Attorney for Plaintiff
Attorney I.D. #55709
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
Sworn to and subscribed before
me the day and year aforesaid.
G.r.~.~o
Notary Public
aoh+r~on~w~~TM~~ ~x~-
My Commission Expires: u~ ~, ~ ~ ~
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as
Adams County National Bank,
Plaintiff,
v.
Steve Westhafer,. also known as
Steven E. Westhafer, and .
The United States of America,
Defendants.
No. 12-2914 Civil Term
Action in Mortgage
NOTICE OF 3B[F.RTFI~"S SALE OF REAL ESTATIC
PURSUANT TO PA. R.C.P. 3129.2
TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST:
The real estate known as 71 Silver Crown Drive, Mechanicsburg, G"umberland ount
Pennsylvania, owned by Steve Westhafer, also known as Steven E. Westha~er, more
pazticulazly described on Exhibit "A" attached hereto, will be exposed to public sale at the
Sheriffs Office, Cumberland County Courthouse, Cazlisle, Pennsylvania on Wednes ,
December 5, 2012, at 10:00A.M.
Said Sheriffs Sale is pursuant to a Writ of Execution issued on the judgment a tered
by ACNB Bank, formerly known as Adams County National Bank vs. Steve Westhaf ,also
known as Steven E. Westhafer, and The United States of America, in No. 12-2914 ent red in
the Court of Common Pleas of Cumberland County, Pennsylvania.
Claims against the property must be filed at the office of the Sheriff'before the bove
sale date.
Claims to proceeds must be made with the office of the Sheriff before distribute n.
A Schedule of Distribution will be filed with the office of the Sheriff on Jan 4,
2013.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the
office of the Sheriff no later than ten (10) days from the date when a Schedule of Distri ute
is filed in the office of the Sheriff.
The Sheriffs telephone number is (717) 240-6390.
Address of the Plaintiff is 16 Lincoln Squaze, Gettysburg, Pennsylvania 17325.
PURL, EASTMAN 1~c'' TIIItASE
Dated: August ~~; 2012
BY~~ 12~~X~d~~'~
Edwazd G. Puhl, Esquire
Attorney for Plaintiff
Attorney I.D. #55709
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
E~~IT KA" -LEGAL DESCRIPTION
Property Address: 71 Silver Crown Drive, Mechanicsburg, PA 17055
Taz Map and Panel No. 38-15-1277-034
ALL that certain tract of land situate in the Township of Silver Spring,
County of Cumberland and Commonwealth of Pennsylvania, more
particulazly bounded and described as follows, to wit:
BEGINNING at a point on the southern side of Silver Crown Drive at
the dividing line between Lots Nos. 5 and 6 on the hereinafter mentioned
Plan of Lots; thence along the southern side of Silver Crown Drive, South 87
degrees 13 minutes East, a distance of one hundred (100) feet to the dividing
line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan; thence
along said dividing line, South 02 degrees 47 minutes West, a distance of two
hundred twenty-two and seventy-eight hundredths (222.78) feet to a point;
thence South 85 degrees 14 minutes West, a distance of one hundred and
eight hundred seventy-five thousands (100.875) feet to a point at the dividing
line between Lots Nos. 5 and 6 on the hereinafter mentioned Plan of Lots;
thence along said dividing line, North 02 degrees 47 minutes East, a distance
of two hundred thirty-four and three hundredths (234.03) feet to the southern
side of Silver Crown Drive at the point or place of BEGINNING.
BEING Lot No. 5 on the Plan of Bali Hai, Section 2, as recorded in
the Cumberland County Recorder's Office in Plan Book 20, Page 64.
BEING the same premises which Albert T. Thompson and Audrey L.
Thompson, his wife, by deed dated October 6, 1978, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book C, Volume 28, Page 102, granted and conveyed
unto Steve Westhafer.
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Article Number
9. ACNB Bank vs. Westhafer United States Attorney's Office
No. 12-2914 Civil Term Middle District of Pennsylvania
File #4649.2 Attention: Melissa A. Swauger,
Assistant U.S. Attorney
U.S. Department of Justice
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
10. ACNB Bank vs. Westhafer Susquehanna Bank, Successor By Merger
No. 12-2914 Civil Term to Graystone Bank
File #4649.2 1828 Good Hope Drive
Enola, PA 17025
11. ACNB Bank vs. Westhafer Susquehanna Bank, Successor By Merger
No. 12-2914 Civil Term to Graystone Bank
File #4649.2 1828 Good Hope Drive
Enola, PA 17025
12. ACNB Bank vs. Westhafer Commonwealth of Pennsylvania
No. 12-2914 Civil Term Department of Revenue
File #4649.2 Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
13. ACNB Bank vs. Westhafer Commonwealth of Pennsylvania
No. 12-2914 Civil Term Department of Revenue
File #4649.2 Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
14. ACNB Bank vs. Westhafer & United States Treasury Department
No. 12-2914 Civil Term c/o United States Attorney's Office
File #4649.2 Middle District of Pennsylvania
Attention: Melissa A. Swauger,
Assistant U.S. Attorney
U.S. Department of Justice
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Article Number
15. ACNB Bank vs. Westhafer
No. 12-2914 Civil Term
File #4649.2
16. ACNB Bank vs. Westhafer
No. 12-2914 Civil Term
File #4649.2
17. ACNB Bank vs. Westhafer
No. 12-2914 Civil Term
File #4649.2
18. ACNB Bank vs. Westhafer
No. 12-2914 Civil Term
File #4649.2
United States Treasury Department
c/o United States Attorney's Office
Middle District of Pennsylvania
Attention: Melissa A. Swauger,
Assistant U.S. Attorney
U.S. Department of Justice
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
Cavalry Portfolio Services, LLC,
as assignee of Cavalry SPV I, LLC,
as assignee of Bank of America/
FIA Card Services, N.A.
7 Skyline Drive
Hawthorne, NY 10532
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i
CIVIL ACTION-LAW
C=
--J
rrito
ACNB Bank,formerly known as No. 12-2914 Civil TeiWl
Adams County National Bank,
Plaintiff,
VS.
� 7:7
Steve Westhafer,also known as
Steven E. Westhafer, and the
United States of America,
Defendants. Action of Mortgage Foreclosure
MOTION FOR POSTPONEMENT OF SHERIFF'S SALE
AND NOW,this ay of March, 2013,Plaintiff,by its undersigned counsel,
petitions the Court for a six(6)month postponement of the Sheriffs Sale scheduled in the
above captioned matter, and in support thereof avers the following:
1. A Sheriffs Sale of the mortgaged property involved herein, located at 71 Silver
Crown Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania
17055 was originally scheduled for December 5, 2012, then postponed to March 6, 2013,
then postponed to April 3, 2013, as a result of the Defendant filing for relief under
Chapter 13 of the Bankruptcy Code.
2. Plaintiff seeks a six month postponement of the Sheriff's Sale because a hearing
on Plaintiff's motion for relief from the automatic stay cannot be scheduled until at least
May. I
3. The Defendant will not be prejudiced by a postponement of the Sheriff's sale. On
the contrary,a postponement benefits the Defendant,who will retain ownership of the
Properly.
4. Under Pa. R.C.P. 3129.3(b), a sale can be postponed only twice within one
hundred thirty days without giving new notice, except by court order.
WHEREFORE,the undersigned requests this Honorable Court to postpone the
Sheriff Sale to October 2, 2013,without additional notice being required.
Respectfully submitted,
PURL, EASTMAN& THRASHER
By:
Edward G. Puhl, Esquire
Attorney for Plaintiff
Attorney ID#55709
220 Baltimore Street
Gettysburg, PA 17325
Phone (717) 334-2159
edward.puhl @comcast.net
i
i
�I
I,I
i'
'j II
'I
i
i!,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as No. 12-2914 Civil Term
Adams County National Bank,
Plaintiff,
vs.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants. Action of Mortgage Foreclosure
PLAEVTIFF'S MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 3129.3 (a) states that if a sale is to be postponed,
it can be postponed by a special court order. Under Rule 3129.3,the Court has discretion to
allow postponement of the sale without new notice in appropriate cases.
i
The procedural requirements for scheduling sheriffs sales and notifying Defendants of
sheriff s sales are extensive and expensive. In the present case, if the Plaintiff is not granted
the relief requested herein,the Plaintiff will be prejudiced in that it will have to stay its
scheduled sheriff s sale, obtain a new writ of execution and re-list the property for Sheriffs
i
Sale. This will cause considerable, additional expense and delay, which will also prejudice
i
the Defendant when these costs of collection are added to the debt owed by him. On the other
hand, if the relief requested is granted,the Defendant will benefit by retaining ownership of
i
the property.
i
I
i
li
WHEREFORE,the Plaintiff respectfully requests this Honorable Court to enter an
Order postponing the Sheriff s Sale to the October 2, 2013, as set forth in the motion.
Respectfully submitted,
PUHL,EASTMAN&THRASHER
By:
Edward G. Puhl, Esquire
Attorney for Plaintiff
Attorney ID#55709
220 Baltimore Street
Gettysburg, PA 17325
Phone (717) 334-2159
edward.puhl @comcast.net
VERIFICATION
The undersigned hereby states that he is the Attorney for the Plaintiff in this action,
that he is authorized to make this verification, and that the statements made in the foregoing
i
Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge,
information and belief.
The undersigned understands that this statement herein is made subject to the penalties
! ,I
of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities.
Dated: March , 2013 PUHL,EASTMAN&THRASHER
�I
By:
Edward G. Puhl Esquire
!
Attorney for Plaintiff
Attorney ID#55709
220 Baltimore Street
Gettysburg, PA 17325
Phone (717) 334-2159
I
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as No. 12-2914 Civil Term
Adams County National Bank,
Plaintiff,
VS.
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants. Action of Mortgage Foreclosure
CERTIFICATE OF SERVICE
The undersigned,hereby certifies that I have served true and correct copies of the
attached Motion For Postponement Of Sheriff's Sale upon the following person(s)named
herein at their last known address by:
V Regular First-Class Mail
Certified Mail
Other
Date Served: March 28, 2013 j
TO: Steve Westhafer, a/k/a the United States of America
Steven E. Westhafer c/o Melissa A. Swauger
71 Silver Crown Drive Assistant U.S. Attorney
Mechanicsburg, PA 17055 U.S. Department of Justice
l
United States Attorney's Office
Middle District of Pennsylvania
228 Walnut Street, Suite 200
Harrisburg, PA 17108
1
PUHL, EASTMAN&T4ASHER
By:
Edward G. Puhl, Esquire
Attorney for Plaintiff
Attorney ID#55709
i
220 Baltimore Street
Gettysburg, PA 17325
Phone (717) 334-2159
l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ACNB Bank, formerly known as No. 12-2914 Civil Term
Adams County National Bank, mw
Plaintiff,
: U0 C: t:
-C N
VS. f
Steve Westhafer, also known as
Steven E. Westhafer, and the
United States of America,
Defendants. Action of Mortgage Foreclosure
ORDER
AND NOW,this day of / , 2013,upon
consideration of Plaintiff's Motion for Postponement of Sheriff's Sale. it is hereby
ORDERED that the request is granted and the Sheriff's Sale of Defendant's real property,
known as 71 Silver Crown Drive, Mechanicsburg, Pennsylvania 17055, is continued until
October 2, 2013. No further advertising or additional notice to lienholders or the Defendant is
required,provided the postponement is announced at the April 3, 2013 Sheriff's Sale.
i
BY THE COURT:
T
J.
Y
cc: Edward G. Puhl, Esq., 220 Baltimore Street, Gettysburg, PA 17325
I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
A
Ronny R Anderson ( r_-,- _
Sheriff Ci; +� ��:; � r'
Jody S Smith
Chief Deputy wj PM 2: 4,
Richard W Stewart Up�pjBEfk f q
Solicitor OFFICE OF THE SKERIFF t"ENNSYLV tiglA�t 1
ACNB Bank
vs. Case Number
Steven E. Westhafer(et al.) 2012-2914
SHERIFF'S RETURN OF SERVICE
09/17/2012 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: United States of America, et. al., but was unable to locate
the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within
Real Estate Writ, Notice and Description, in the above titled action, according to law.
09/21/2012 05:03 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 71 Silver Crown Drive, Mechanicsburg, PA 17055, Cumberland County.
09/25/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff
of Dauphin County upon Phyllis Mitchell, Supervisor, who accepted for United States of America, Attn:
Melissa Swauger, at 228 Walnut St, Suite 220, Harrisburg, PA 17108, So Answers, William T. Snyder,
Deputy Sheriff.
10/18/2012 Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice
and Description, in the above titled action, by making known its contents and at the same time personally
handing a true copy to a person representing themselves to be the Defendant, to wit: Steven E.
Westhafer at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County.
12/03/2012 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013
02/27/2013 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013
04/02/2013 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013
09/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,062.44 SO ANSWERS,
&Z �X�
October 01, 2013 RON R ANDERSON, SHERIFF
�-� �.��ate•
(c)CountySuite Sheriff,TeleosoR,Inc.