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Home My WebLink About13-3205 Supreme Cou' _ ; ennsylvania COU »- G Como a leas For Prothonotary Use Only: C /t '�',�' �? ;a:c _ Docket No: CU R»tvb County 13 -3.105 L' ')Teem The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. i Commencement of Action: S ❑ Complaint E3 Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E { Lead Plaintiff's Name: Lead Defendant's Name: C CITIZENS BANK OF PENNSYLVANIA CHARLES A.J.HALPIN, III, ESQUIRE AS PERSONAL T': Dollar Amount Requested: ❑within arbitration limits 1 . _ Are money damages requested? 0 Yes ❑ No (check one) ❑x outside arbitration limits O N" Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? ® Yes El No • . I A" Name of Plaintiff/Appellant's Attorney: GREGORY JAVARDIAN ® Check here if you have no attorney (are a Self- Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ® Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections 13 Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include [3 Employment Dispute: E mass tort) Discrimination ®Slander/Libel/ Defamation [3 C 13 Other: Employment Dispute: Other [3 Zoning Board T [3 Other: I ❑ Other: O MASS TORT 13 Asbestos N ❑ Tobacco 13 Toxic Tort -DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste 13 Other: 13 Ejectment [3 Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin [] Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 C LAW OFFICES OF GREGORY JAVARDIAN -- °,z GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 z m -o __ MARY F. KENNEDY, ESQUIRE Id. No. 77149 �:OQ MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 r --;Z. °� SEAN P. MAYS, ESQUIRE Id No. 307518 D o m a RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 -` CD . _ LE F 1310 INDUSTRIAL BOULEVARD A I IT FLOOR, SUITE 101; SOUTHAMPTON, PA 18966 -� (215) 942 -9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. CHARLES A.J.HALPIN, III, ESQUIRE /� AS PERSONAL REPRESENTATIVE OF NO. 13 - 30105 O1vi 1. ewm THE ESTATE OF GERALD W. SMITH 310 SOUTH PENN STREET COMPLAINT IN SHIPPENSBURG, PA 17257 MORTGAGE FORECLOSURE DEFENDANT 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association O 32 S. Bedford Street Carlisle, PA 17013 01 b3. - 75 PO ATI 717 -249 -3166 C* 5341 800 - 990 -9108 W' a9 /3loa 13 -00018 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT; PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 13 -00018 LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, 111, ESQUIRE ld No. 312653 1310 INDUSTRIAL BOULEVARD 1 sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942 -9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. CHARLES A.J.HALPIN,111, ESQUIRE AS PERSONAL REPRESENTATIVE OF NO. THE ESTATE OF GERALD W. SMITH 310 SOUTH PENN STREET COMPLAINT IN SHIPPENSBURG, PA 17257 MORTGAGE FORECLOSURE DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. Citizens Bank of Pennsylvania (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Charles A.J.Halpin, 111, Esquire, as Personal Representative of the Estate of Gerald W. Smith (hereinafter referred to as "Defendant ") is an adult individual with a principal place of business at 100 South Broad Street, Suite 2226, Philadelphia, PA 19110. 3. Plaintiff brings this action to foreclose on the mortgage between Gerald W. Smith and Dorothy J. Smith and itself as Mortgagee. The Mortgage, dated September 21, 2005, was recorded on October It, 2005 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1926, Page 1930. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 13 -00018 4. The Mortgage secures the indebtedness of a Note executed by Gerald W. Smith and Dorothy J. Smith on September 21, 2005 in the original principal amount of $50,000.00 payable to Plaintiff in monthly installments with an interest rate of 7.1 %. A copy of the Note is attached and made apart hereof as Exhibit `B'. 5. The land subject to the mortgage is 310 South Penn Street, Shippensburg, PA 1725 7. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. Gerald W. Smith and Dorothy J. Smith are the Record Owners of the mortgaged property located at 310 South Penn Street, Shippensburg, PA 17257. 7. Upon information and belief, Dorothy J. Smith departed this life on August 6, 2009. Title to the property was held by Gerald W. Smith and Dorothy J. Smith as tenants by the entirety. Upon the death of Dorothy J. Smith, her interest in the property passed to Gerald W. Smith by operation of law. 8. Upon information and belief, Gerald W. Smith departed this life on December 1. 2010. A Certificate granting Letters of Administration was issued by the Register of Wills of Cumberland County on January 7, 2013, naming Charles A.J. Halpin, III, Esquire, Administrator of the Estate of Gerald W. Smith (hereinafter referred to as "Defendant "). 9. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due through 5/9/2013: Principal Balance $47,029.30 Interest to 05/09/2013 $8,107.74 Accumulated Late Charges $134.40 Property Inspections $185.50 Cost of Suit, Estate, Title Search $2,719.45 Attorney's Fees $1,300.00 TOTAL $59,476.39 plus interest from 05/10/2013 at $9.15 per day, costs of suit and attorney's fees. 13 -00018 10. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 11. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403. 12. The Notice of Intention to Foreclose was required and Plaintiff sent to the Defendant by regular and certified mail on January 28, 2013. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 13. The mortgaged property is not the principal residence of the Defendant, as the defendant is deceased and pursuant to 35 P.S. Section 1680.401 c(a)(1) the notice provisions of 35 P.S. Section 1680.403c are not applicable and, therefore, Plaintiff was not required to send the Act 91 Notice of Homeowners' Emergency Mortgage Assistance. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $59,476.39 together with the interest from 05/10/2013 at $9.15 per day, costs of suit and attorney fees. LAW OFFICES OF GREGORY JAVARDIAN B Greg Javardia , quire Id. No. 55669 D Ma . Kennedy quire Id. No. 77149 D Meghan K. Boyl squire Id. No. 201661 ❑Sean P. Mays, Esquire Id. No. 307518 ❑Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff 13 -00018 EXHIBIT `A' ;190 D _'7 P. ZIEGLER Prepared By: = r O D EEDS. .. Citizens Bank Beth Romano Retail Lending Services 480 Jefferson Boulevard Warwick, RI 02886 1- 800 - 8944619 'When recorded mail to: FIRST AMERICAN TITLE INSURANCE 1228 EUCLID A VENUE, SUITE 400 CLEVELAND, OHIO 44115 ATTN. FT1120 Parcel ID# 36352388008 Collateral Address: 310 SOUTH PENN STREET, SHIPPENSBURG, PA 17257 PENNSYLVANIA CLOSED -END MORTGAGE THIS MORTGAGE is given on 09/21/2005 The mortgagor is GERALD W SMITH DOROTHY J SMITH Page I N l Pmo!eed 09 First American PAC MM R". o11ros �� AK 1926PG 193:0' This Mortgage is given to Citizens Bank of Pennsylvania , whose address is 1735 Market Street, Philadelphia, PA 19103 ( "Lender ") or its successors or assignees. In this Mortgage, the terms "you," "your" and "yours" refer to the mortgagor(s). The terms "we," "us" and "our" refer to the Lender. You owe us the principal sum of S _ 50.000.00 Dollars. This debt is evidenced by your note ("Note ") dated the same date as this Mortgage, which provides for monthly payments, with the full debt, if not paid earlier, due and payable on 09/26/2035 This Mortgage secures to us: (a) the repayment of the debt evidenced by the Note, withkinterest, and all renewals, extensions and modifications of the Note; (b) the payment of 'all other sums, wfih interest; advanced under this Mortgage to protect the security of this Mortgage; and (c) the performance of your covenants and agreements under this Mortgage and the Note. For this purpose, you hereby mortgage, grant and convey to us and our successors and assigns the property located in CUMBERLAND County, Pennsylvania, and more fully described in Exhibit A, which is attached hereto and made a part hereof, which property has the address of 310 SOUTH PENN STREET, SHIPPENSBURG, PA 17257 ( "Property Address "); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property". Page 2 SK1 926PG1931'. YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal of and interest owing under the Note and all other charges due under.the Note. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any). We specifically reserve to ourselves and our successors and assigns the unilateral right to require that you pay to us on the day monthly payments are due an amount equal to one - twelfth (1/12) of the yearly taxes, and assessments (including condomimium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one - twelfth (1/12) of yearly premium installments for hazard and mortgage insurance, all as we reasonably estimate initially and from time to time, as allowed by and in acordance with applicable law. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Note and Section 1 will be applied by us as permitted under the Note. 4. Prior Mortgages; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with alien which has priority over this Mortgage, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Mortgage. 5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us and shall include a standard mortgagee clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. If you fail to maintain coverage as required in this section, you authorize us to obtain such coverage as we in our sole discretion determine appropriate to protect our interest in the Property in accordance with the provisions in Section 7. You understand and agree that any coverage we purchase may cover only our interest in the Property and may not cover your interest in the Property or any personal property therein. You also understand and agree that the premium for any such insurance may be higher than the premium you would pay for such insuran Page 3 BK 1932 a You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. We may also, at our option and on your behalf, adjust and compromise any claims under the insurance, give releases or acquittances to the insurance company in connection with the settlement of any claim and collect and receive insurance proceeds. You appoint us as your attorney -in -fact to do all of the foregoing, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected by your subsequent disability or incompetence. Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when notice is given. Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the sums secured by this Mortgage immediately prior to the acquisition. You shall not permit any condition to exist on the Property which would, in any way, invalidate the insurance coverage on the Property. 6. Preservation, Maintenance and Protection of the Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. If this Mortgage is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by alien which has priority over this Mortgage or any advance under the Note or this Mortgage, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Mortgage and entering on the Property to make repairs. We do not have to take any action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Mortgage. These amounts shall bear interest from the disbursement date at the rate established under the Note and shall be payable, with interest, upon our request. If we required mortgage insurance as a condition of making the loan secured by this Mortgage, you shall pay the premiums for such insurance until such time as the requirement for the insurance terminates. Page 4 BKI 926PG 1933. 8. Inspection. We may make entries in and upon the Property to inspect same at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. If the Property is abandoned, or if, after notice by us to you that the condemnor offers to make an award or settle a claim for damages, you fail to respond to us within 30 days after the date the notice is given, we are authorized to collect and apply the proceeds, at our option, either to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not then due. Unless we and you otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments payable under the Note and paragraph 1 or change the amount of such payments. 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Mortgage granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several LIability; Co- signers. The covenants and agreements of this Mortgage shall bind and benefit your successors and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage but does not execute the Note: (a) is co- signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Note, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, modify, forbear or make any accommodations regarding the terms of this Mortgage or the Note without such person's consent. 12. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maxim loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by first class mail to our address stated above or any other address we designate by notice to you. Page 5 B1{ [9 2 6 PG 193 4 14. Governing Law; Sevembility. The extension of credit secured by this Mortgage is governed by federal law, which for the purposes of 12 USC Section 85 incorporates Pennsylvania law. However, the interpretation and enforcement of this Mortgage shall be governed by the law of the jurisdiction in which the Property is located, except as preempted by federal law. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Note are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Mortgage. 16. Sale of Agreement; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer ") that collects monthly payments due under the Note and this Mortgage. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Note. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. 17. . Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, that any removal or other ret thation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Mortgage, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Mortgage, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. Page 6 BK:I 926PG 1935 t 18. Acceleration; Remedies. We shall give you notice prior to acceleration following your breach of any covenant or agreement In this Mortgage (but not prior to acceleration under Section 15 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further Inform you of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense you may have to acceleration and foreclosure. U the default Is not cured as specified, we may, at our option, require immediate payment in full of all sums secured by this Mortgage without further demand and may foreclose this Mortgage by judicial proceeding. We shall be entitled to collect all expenses incurred In pursuing the remedies provided In this Section 18, Including, but not limited to, reasonable attorneys' fees as permitted by applicable law and costs of title evidence to the extent permitted by applicable law. 19. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Mortgage under the provisions of Section 18, we may, in our sole discretion and upon such conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce the terms of this Mortgage. 20. Release. Upon payment of all sums secured by this Mortgage, we shall discharge and satisfy this mortgage without charge to you. You shall pay any recordation costs. 21. Additional Charges. You agree to pay reasonable charges as allowed by law in connection with the servicing of this loan including, without limitation, the costs of obtaining tax searches and subordination. Provided, however, that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Mortgage upon full repayment of all sums secured thereby. 22. Waivers. You, to the extent permitted by applicable law, waive and release any error or defect in proceeding to enforce this Mortgage, and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. No waiver by us at any time of any term, provision or covenant contained in this Mortgage or in the Note secured hereby shall be deemed to be or construed as a waiver of any other term, provision or covenant or of the same term, provision of covenant at any other time. 23. Reinstatement Period. Your time to reinstate provided in Section 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage. 24. Purchase Money Mortgage. If any of the debt secured by this Mortgage is lent to you to acquire title to the Property, this Mortgage shall be a purchase money mortgage. Page 7 BU 9266k 1 936 25. Interest Rate After Judgment. You agree that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage and executed by you.. Signed, sealed and delivered in the presence of DOR671447 S Page 8 BU 926PG 1937 CERTIFICATE OF RESIDENCE OF MORTGAGEE I do hereby certify that the precise address and principal place of business of the within named mortgagee is: 1735 Market Street, Philadelphia, PA 19103 Citizens Bank of Pennsylvania Name: 1 Tide: Page 9 BXI 926PG 1 9,38 INDIVIbUAL ACKNOW).EDGMENT STATE OR COMMO LTH OF SS: COUNTY OF e — l o n e ' On the a day of �� , a D before me appeared GERALD W SMITH to me personally known to be the person(s) whose name(s) is /are subscribed to this instrument, and such person(s) acknowledged that he /she /they (i) executed the same for the purposes therein contained, and (ii) executed this instrument as their free act and deed. IN WITNESS WHEREOF, I hereun set my offid seal. {Offici .:Seal) v Notary Public i Anto sw j km D. Came, NOWY Pubic Mwrd er, PrmejkWft Amddm Of Notaries Attention Registry of Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations - RJW215 1 Citizens Drive A C" A 4/05 Riverside, RI 02915 - l 9 2*6 PG 19:3 9 i INDIVIDUAL ACKN LEDGMENT STATE OR COMMO EALTH OF /v )a ---"' " 6 I ) }SS: COUNTY OF On the "of Ud before me appeare DOROTHY J SMITH to me personally known to be the person(s) whose name(s) is /are subscribed to this instrument, and such person(s) acknowledged that he /she /they (i) executed the same for the purposes therein contained, and (ii) executed this instrument as their free act and deed. IN WITNESS WHEREOF, I h Bu et mc-i}�and and offici seal. (Offici � eal nt J No - Public ' Notarial Seal "I � Noteiir seer Mm D. Crane, NoWy Pubic N �, 9h(pperabep Bono, Cumbeden0 Courty . My Carn%Wm EVi w Jan. 7, 2006 ask .1 Attention Registry of Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations - RJW215 1 Citizens Drive AC"A 4/05 Riverside, RI 02915 BK1926PG 19' 0 EXHIBIT A All that certain property situated in the Township of Shippensburg, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 363523880 19 74 Being more fully described in a deed dated November 25, 19 and recorded December 03, 1974, among the land records of the County and State set forth above, in Deed Volume 25 W and Page 617. Permanent Parcel Number: 36352388008 GERALD W. SMITH AND DOROTHY J. SMITH, HIS WIFE 310 SOUTH PENN STREET, SHIPPENSBURG 17 257 Loan Reference Number First American Order No: Identifier: ��f(( /ELS T Certify this to be recorded Tn Cumberland. County PA eivi :■ �x Recorder of Deeds : 9 22 6 PG 19144 EXHIBIT `B' Y .. I VIII f �I�I�If II ii++�� CIl7ZenSBank 4IxD�ll� III�notetl�iW MORTGAGE LOAN PROMISSORY NOTE ARID DISCLOSURE STATEMENT Borrower(s): GERALD W SMITH DOROTHY J SMITH Lender. ❑ Citizens Bank of Massachusens 0 Citizens Bank of Connecticut ® Citizens Bank of Pennsylvania 28 State Street 63 fiugene O'Neil l Drive 1735 Market Street Boston, MA 02109 New London, CT 06320 Philadelphia, PA 19103 ❑ Citizens Bank of Rhode Island ❑ Citizens Bank New Hampshire ❑ Citizens Bank I Citizens Plans 975 Elm Street 919 North Market Street Frovidmce, R102903 Malrclte'7er, NH 03101 Suite 100 Wilmington, DE 19801 Principal Amount: $50, 000.00 Interest Rate: 7.100 % Date of Note: 09/21/2005 In this Note, the words, "Borrower ", "you," and "your" mean each and every person who signs this Agreement, Including all Borrowers named above. The words "we, "us ", "oar" and "Lender" mean Citizens Bank of Massachusetts, Citizens Bank of Rhode Island, Citizens Bank of Connecticut, Citizens Bank New Hampshire, Citizens Bank of Pennsylvania, or Cilizens Bank (our Delaware Bank), as indicated above, herein after referred 16 8s "Citizens Bank ". FOR VALUE RECEIVED, Ore undersigned (jointly and severally if more than one) promise to pay to the above named Leader or order, the principal sum of $ sso, 000 . oo Dollars with interest at the rate of 7 . xoo % per annum, payable in 360 consecutive monthly installments of $ 336.01 each, and a final installment to include all principal and accrued interest, and late charges, insurance premiums and all other charges, if any. The first such installment will be due on 10/26/2005 and the remaining installments on the same day of each month thereafter until paid in full. All payments will be applied first to interest, then to insurance charges, if any, and tben'to principal, and any remaining amount to unpaid collection costs and late charges and any other charges you may owe, The interest rate required by this section is the rate you will pay both before and after any default described in the default section. Finance Charge: Interest on this Note is computed on a 365/366 simple interest basis. First we apply the ratio of the annual i interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. A N NUAL ER E NTAGE RA E FINANCE CHARGE Amount j9nanced Total of Payments The cost of your credit at a yearly role • T� dollar arrtunl the credit Will tact The tmount or credit provided The amount you will have to you or on your behalf ptid tvhcn you have made - on peynrcnts as scheduled 7.100 % $70.963.60 5501000.00 $120,963.60 PAYMENT SCHEDULE: NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE Monthly beginning on 360 S 33 6,03. Monthly beginning on 1 0 e payment schedule and "Total of Payments' scheduled above assume that all payments are made on the due date. If payments re made late, the amount of interest payable hereunder will continue to accrue on the unpaid principal balance and the total terest hereunder will increase. PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows: MA (first lien): If you pay off your loan within the first twelve (12) months of the date of the note, we may charge you, and you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3) months' interest as of the date of prepayment, or (c) $250, whichever is less. if you refinance your loan with another institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of a) three (3) months' interest as of the date of prepayment or (b) $250. CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the bate of the tota we may cha you, and you agree to pay n5, a penalty of $250. - CT (second lien): If you pay off your loan wi n two (2) years after the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of five percent (5 %) of the principal balance that you prepay or $250. • RT: If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250, NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty. *Assessment will he limited to the first 12 months of the loan if the term is five (5) years or less. LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated above: 1VIA: Your payment will be late if it is not received by us within 15 calendar da of the Payment Due Date shown above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest. CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of principal and interest, or $10.00, whichever is less. NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of principal and interest or $12,50, whichever is greater. PA and Ply; YQOr payment will be lair if it is nett r by us within IS calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 10.000% of the payment or $20,00, whichever is greater. You will pay this lax charge only once on any late payment. PmmNotePPP REV 04/05 c L ' � Page 2 a• I:CURITY: You are giving a security interest in real estate located at F 30 SOUTH PEM STREET, SHIPPBNSBARO, PA 17257 _ t n addition to Lender's security interest and other rights in your deposit accounts. ' UMPTION: Someone buying your home cannot assume die remainder of the mortgage on its original temp. , et other related contract documents for additional information about nonpayment, default, the right to accelerate the maturity of e obligation and security interests. ITEMIZATION OF THE AMOUNT FINANCED: I Itemization of the amount financed of ............................. ............................... Amountgiven to you directly ........................................... ............................... $ 48,999.00 Prepaid Finance Charges ................................................... ............................... $ ' Amount(s) paid to others on your behalf: TO CEASR $ 566.00 TO MSE NA $ 935.00 + TO $ TO $ TO $ TO $ TO $ TO $ TO $ TO $ TO $ TO $ TO $ TO $ t TO $ t TO TO INSURANCE COMPANY $ 0.00 TO Settlement Fees 0.00 , j I COLLATERAL: In addition to the protections given to the Lender under this Note, this Note is secured by a Mortgage dated 09/21 12005, to Lender on real property located in cRMEMAND . County . State of PA , all the terms and conditions of which are hereby incorporated and mad.e a part of this Note. ' I DEFAULT, You will be in default if any of the following events happens: i i (a) You fail to make a payment when it is due under this Note or any other loan. you may have with Citizens Bank. f (b) You have made any false'or misleading statement(s) in your application for this Note or any other loan you 1 may have with Citizens Bank, or there is a material adverse change in your financial condition. ' (c) An assignment has been made for the benefit of your creditors or an entry of judgement has been made against you, or someone tries to take or attach any of the collateral. , (d) You fail to comply fully with any term or condition of this Note or any other loan or agreement you may ' have with Citizens Bank. + (c) You die or become insolvent, n receiver i3 appointed for any part of your property, or any proceeding is. commenced either by you of against you under any banlauptcy or insolyency laws. , , + r Page 3 r y , COLLECTION COSTS: If you fail to abide by any of the terms of this Note, and if we an permitted to do so by applicable law, we may hire or pay someone else to help collect on the Note. You will pay all reasonable collection costs, including reasonable attorney's fees incurred by us in the collection of amounts due under this Note as permitted by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay of injunction), appeals, and any anticipated post judgement collection services. In New.Hampshire, if, but only if, by applicable law, we are permitted to collect attorneys fees from you as part of our costs of collecting any amounts due under this Note, then you, to the extent required by New Hampshire Revised Statutes Annotated Chapter 361-0, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or setoff, recoupment or counterclaim to any action brought by us, the court may withhold from us the entire amount or such portion of the attorney's fees as the court considers equitable. OFFSETTING DEPOSIT ACCOUNT: Unless prohibited by applicable law, we may apply money from any of your deposit accounts with us, or our affiliates, now or in the future, to pay all or a portion of any amount overdue under this Note. We may use this right of offset without giving you notice, unless otherwise required by applicable law. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if you do not keep the promises which you make in this Note. That Security Instrument describes how and under what conditions you may be required to make immediate payment in full of all amounts you owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by bender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or marled within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this gcri0d, Lcndcr may iny&t any remrdic� pemiltlad by thi; &;mgity lnMmsnt wit gul further nsp;e_ or demand on Borrower. PAYMENTS: All payments must be made by a check money order, or other instrument in U.S. dollars and may be mailed or made at any Citizens Bank office during regular banking hours. Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. Inquiries and payments may be directed to: Citizens Bank Consumer finance Opention5 1 Citizens Drive Riverside, RI 02915 1 -800 -922 -9999 PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows: MA (flrst 114m): if y6u pay offyotu laaa wit$ih the first twelve (12) lilonths of the date of the note, we May charge you, and you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3) months' interest as of the date of prepayment, or (c) $250, whichever is less. If you refinance your loan with another institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of e) three (3) months' interest as of the date of prepayment or (b) $250. " CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the date of the note, we may charge you, and you agree to pay us, a penalty of $250. • CT (second lien) If you pay off your loan within two (2) years after the date of the 'note, we may eharge you, and you agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or $250. • RI: If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250. NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty. 'Assessment will be limited to the first 12 months of the loan if the term is five (5) years; or less. s 1 Page 4 1 LATE CF#ARGEI Your late fee will be calculated as follows, based on the state or commonwealth as indicated above: MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest. CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the I Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of principal and interest, or $10.00, whichever is less. NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of principal and interest or $12.50, whichever is greater. PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 10.000 of the payment or $20.00, whichever is greater. $ You will pay this late charge only once on any late payment. 1 � DOCUMENTATION: You agree to execute or re- execute any document that we request in order to correct any error or omission in the original Promissory Note, Mortgage, or other loan related documents, including, but not limited to, Confirmatory or Corrective Mortgages. t MISCELLANEOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without + losing them. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by law,' waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such patties agree that Lender may renew, or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consont of or noticc to anyone other t the patsy with whom the I modification is made. GOVERNING LAW: This Note Is governed by federal law and by the laws of the state or commonwealth. as indicated above: The Commonwealth of Massachusetts, the State of Rhode Island, the State of i Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania, or the State of Delaware. To the extent that federal law preempts state law, this Note is governed by federal law. If any provision of this Note conflicts with any existing or future law, it shalt be deemed modified to the extent necessary to sonlply Wlth such lfiw find M0 validity of 09 r €B!alniQg terms shall not he @ffected, ' If you are a Maryland resident, this Note is governed by federal law and by the laws of the state or commonwealth in which the bank is located, except that to the extent, but only to such extent, that this Note is not governed by the laws of the state or commonwealth in which the bank is located, the provisions of Sections M1001 el seq. (Credit Grantor Closed End Credit Provisions) of the Commercial Law Article of the Annotated Code of Maryland shall apply. The undersigned acknowledges that before signing this Note that all blank spaces were completed, that the undersigned bad read this Note, fully understand its provisions and approves the terms and conditions set forth herein, and that the undersigned has received a copy of this Note as so completed. INSURANCE: You may obtain property insurance from anyone that is acceptable to the Lender. If your collateral property is located in a designated Flood Zone, you must also maintain adequate flood insurance on the property. If any required insurance on the Collateral expires or is canceled and you fail to purchase and maintain such required insurance, the Lender may (but is not required to, except in the case of required flood insurance) purchase insurance on the Collateral and either: (rj) add the cost of the insurance to the unpaid principal balance you owe under this Note (in which case you agree to repay the cost of the insurance in accordance with the repayment terms of this Note), or (ii) bill you separately (in which case you agree to pay the bill immediately). In either case,: the amounts you owe for the insurance premiums will accrue interest at the interest rate provided in this Note until' ropaid in full. You understand and acknowledge that any insurance obtained and maintained by thg L ender may t (i) only protect the interests of the Lender and any other creditor with a prior mortgage-on the Property, and (ii) be more expensive than insurance obtained and maintained by the Borrower. r 1 l • Page S c• Yau, the tnsdenigned, eertiW that you have insured the prapelty dm6bed in the seetim entitled t'SECURrIV on Page t of this Note, against loss by fire in the amount sufficient to cover this lien and all superior liens, and that the policy includes extended coverage and has a standard mortgagee clause making loss payable to Citizens as its interest may appear. You agree it is your responsibility to keep the premises as identified in the section entitled "SECURITY" on Page 1 of this Note, insured in an amount at least equal to the replacement cost of any buildings on the above property, and until this Note is paid in full. You understand that you may purchase any required insurance through any duly licensed insurance agent and insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance company will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer that meets our reasonable requirements. All documents related to insurance for this loan should be mailed to the following address: Citizens @an1c, Cgnsvmer Finance Operations 1 Citizens Drive Riverside, RI 02915 (800)708 -6680 You acknowledge that any payoff amounts referenced in the Itemization of Amount Financed section of this Note and the HUD I -A form were estimates based on the balances listed on your credit bureau report(s). By signing below, you authorize all handwritten changes, made both to the payoff figures in this Notc and the HUDI "A form, and confirm that these changes accurately reflect the payoff figures you provided at closing. You acknowledge that you received and read, as applicable, the Home Equity disclosure statements provided to you during the application process, which include When Your Home is On the Line, Servicing Disclosure Statement, Good Faith Fstimate, Right to Receive a Copy of an Appraisal, Citizens' Pledge Regarding the Responsible Use and Protection of Customer Information, for MA residents only, Massachusetts Mortgage Loan Disclosure, Uniform Mortgage Loan Cost Workshcar, Cansumer Guide to Obtaining a Mortgage, for CT residents only, Mortgagor's Right to Counsel, for RI residents only, Choice of • Thle Attorney Disclosure, for NJ residents only, Right to Own Counsel Disclosure and for WM residents only. Processing your ,Loan Application, Settlement Services. If there is more than one signer below, it is my/our intention that this account be a joint account. You acknowledge that with your application, you provided your consent to us to check your employment and credit history With any spprpe and to answer qppgligns about your credit experience with us. NOTICE TO NEW JERSEY BORROWERS: READ T13IS NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. a ON O D N 9HITH t 0 ttSt J 9bI3Tft EXHIBIT `C' THE LAW 1310 Industrial Boulevard I" Floor, Suite 101 Offices of Southampton, PA 18966 Phone: (215) 942 -9690 Fax: (215) 942-9695 GREGORY JAVARDIAN January 28, 2013 Via: First Class and Certified Mail Charles A.J. Halpin III Esquire Administrator of the Estate of r Gerald W. Smith k ° = ' °'' 100 South Broad St, Suite 2226 Philadelphia, PA 19110 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE currently held by Citizens Bank of Pennsylvania., (hereinafter "Lender "), on your property located at 310 South Penn Street, Shippensburg, PA17257, loan number S IN SERIOUS DEFAULT because you have not made the monthly payments from: 12/27/2010 - 01/27/2013, as follows: Monthly Charges 12/26/2010- 01/26/2013 26 at $336.01 $8,736.26 Late Charges $168.00 Other Charges Property Inspections $151.00 Closing interest/DSI $2,060.81 TOTAL DUE: $11,116.07 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $11,116.07 Please also be advised that the original lender of your mortgage was Citizens Bank of Pennsylvania. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to your Lender the above amount of $11,116.07 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check, or money order and made to: CCO Mortgage Problem Debt Management 10561 Telegraph Road Glen Allen, VA 23059 1 of 4 1 If you do not cure the default within THIRTY (3 0) DAYS, your Lender intends to exercise its right to accelerate the mortgage payments. This means that whatever is owing on the original amount you borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, your Lender also intends to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the default is not cured within thirty (30) days of the date of this letter but is cured before legal proceedings begin against you, you will still have to pay the reasonable attorney's fees that are actually incurred, up to $50.00, and any reasonable costs of proceeding to foreclosure that are actually incurred to the date of payment. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00, plus all of the reasonable costs actually incurred. Any attorney's fees will be added to whatever you owe on your mortgage, which may also include reasonable attorney's costs. You may find out at any time exactly what the required payment will be by calling us at the following number 1 -804- 627 -4267. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. You may also be sued personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30)- day period 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 bidding starts at the Sheriff's foreclosure sale You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff s sale could be held would be approximately February 13, 2013 A notice of the date of Sheriff's 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 will be by calling us at the following number 1- 800 - 456 -8855 This payment must be in cash, cashier's check, certified check, or money order and made payable to CCO Mortgage Problem Debt Management 10561 Telegraph Road Glen Allen, VA 23059 You should realize that a Sheriff s'sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have the right to cure after acceleration and the right to bring a court action or assert in any foreclosure proceeding, the non - existence of a default or any other defense you have to acceleration and the sale of the property. 2of4� s _ You have additional rights to help protect your interest in the property. YOU 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. YOU MAY ALSO HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT OT THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. THE TRANSFEREE TO WHOM YOU TRANSFER THE PROPERTY MAY HAVE THE RIGHT CURE AS WELL. CONTACT YOUR LENDER TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, CI✓Gregory Javardi , Esquire Id. No. 55669 ❑Mary F. Kennedj Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑Sean P. Mays, Esquire Id. No. 307518 ❑Richard J. Nalbandian, III, Esquire Id. No. 312653 LAW OETICZS OE GUGORTJAVWIAN Attorney for Lender Notice Pursuant to Fair Debt Collection Practices Act attached. IN THE EVENT THAT YOU ARE SUBJECT TO AN AUTOMATIC STAY ISSUED BY A UNITED STATES BANKRUPTCY COURT OR THE REFERENCED DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THIS COMMUNICATION IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AN ATTEMPT TO COLLECT A DEBT. 3of4� s NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. 4of4l Cl;�ttes A.J. Halpin III Esquire Administrator of the Estate of Gerald W. Smith t00 South Broad St, Suite 2226 Philadelphia, PA 19110 SENDER: TS REFERENCE: cco 7196 9008 9040 1456 8344 PS Form 3800 Janua 2005 RETURN Postage ' RECEIPT Certified Fee SERVICE , Return Receipt Fee Restricted Delivery - 1 Total Postage &Fees . sd�c . POS�TM�RK OR DAT R60810 1 Cefftified Ma us PDS4eJ i� - •a No lnsuram Coverage Provl�ed �� c e;�� Do Not Use fo, International Matt c�b_H VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Name: ckf Sa' J Title: ,g� j�t: (Q, �rcQ,En' Citizens Bank of Pennsylvania {oo010017) F I E0-0FFtCt LAW OFFICES OF GREGORY JAVARDIAN OF THE PROTHONOTAR�' 2013 JUN 20 AN 10: 03 GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 CUMBERLAND ��U1VTY PENNSYLVANIA MEGHAN K. BOYLE, ESQUIRE Id.No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J.NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA 10561 TELEGRAPH ROAD COURT OF COMMON PLEAS GLEN ALLEN, VA 23059 PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY CHARLES A.J.HALPIN, III, ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH NO. 13-3205 Civil Term 310 SOUTH PENN STREET SHIPPENSBURG, PA 17257 DEFENDANT ACCEPTANCE OF SERVICE Service of the attached Complaint in Mortgage Foreclosure for the above referenced case is hereby accepted on j . DATE41 �! 1 'r � BY: ARLES A.J.H LP , IIILAQUI� AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH 13-00018 LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN,ESQUIRE Id.No.55669 FILED-OFF I C MARY F.KENNEDY,ESQUIRE Id.No.77149 OF THE PROTHONOTARi MEGHAN K.BOYLE,ESQUIRE Id.No.201661 SEAN P.MAYS,ESQUIRE Id No.307518 RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653 2013 JUL 23 AM, 10: 36 1310 INDUSTRIAL BOULEVARD IST FLOOR,SUITE 101 CUMBERLAND COUNTY SOUTHAMPTON,PA 18966 PENNSYLVANIA (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLENN ALLEN,VA 23059 CUMBERLAND COUNTY VS. No.: 13-3205 CIVIL TERM CHARLES A.J.HALPIN,III,ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH 2226 LAND TITLE BUILDING,BROAD AND CHESTNUT STREET PHILADELPHIA,PA 19110 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES A.J.HALPIN, III, ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH, Defendant(s)for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As Set forth in Complaint $59,476.39 Interest 51912013 to 7/1812013 640.50 TOTAL $60,116.89 1 hereby certify that(1)the addresses of the Plaintiff and Defendant(s)are as shown above,and(2)that notice has been given in accordance with Rule 237.1,copy attached. u(Greg Javardian,E ire Id.No.55669 OMiWF'Kennedy,E ire Id.No.77149 ❑Meghan K.Boyle,Esquire Id.No.201661 0 Sean P.Mays,Esquire Id.No.307518 ❑Richard J.Nalbandian,111,Esquire Id.No,312653 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: 103 t3 40 PRO PRO'rHy- LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 ALYK L. OFLAZIAN, ESQUIRE Id No. 312912 RICHARD J.NALBANDIAN,111, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEYS FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA In The Court of Common Pleas Plaintiff V. Cumberland County CHARLES A.J. HALPIN,111, ESQUIRE No. 13-3205 CIVIL TERM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH Defendants TO: CHARLES A.J. HALPIN, 111,ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH 2226 LAND TITLE BUILDING BROAD AND CHESTNUT STREET PHILADELPHIA, PA 19110 DATE OF NOTICE: JULY 11, 2013 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten(10)days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 BY: VG r ory l an, Esquire Id.No. 55669 ❑Mary F. Ke y, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑Sean P. Mays, Esquire Id.No. 307518 ❑Alyk L. Oflazian, Esquire Id. No. 312912 ❑Richard J. Nalbandian, 111, Esquire Id.No. 312653 Attorneys for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN OF TNT Pr"r0 t FJONO TA t� GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 MARY F.KENNEDY,ESQUIRE Id.No.77149 ?013 JUL 23 At-110: 37 MEGHAN K.BOYLE,ESQUIRE Id.No.201661 SEAN P.MAYS,ESQUIRE Id No. 307518 CIP"IB rRLAND DpU,nTY RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653ENN5 YLVA NIA 1310 INDUSTRIAL BOULEVARD I ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY CHARLES A.J.HALPIN, III,ESQUIRE AS No.: 13-3205 CIVIL TERM PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH VERIFICATION OF NON-MILITARY SERVICE The undersigned,hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts,to wit: (a) Defendant(s), CHARLES A.J.HALPIN, 111,ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH , is/are not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S.Appx. §§ 501 et. seq. (b) Defendant, CHARLES A.J. HALPIN, III,ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH, is over 18 years of age, and resides at 2226 LAND TITLE BUILDING,BROAD AND CHESTNUT STREET, PHILADELPHIA,PA 19110. (c) Plaintiff, CITIZENS BANK OF PENNSYLVANIA, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 10561 TELEGRAPH ROAD, GLENN ALLEN,VA 23059. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. e6reybrylavardiaA squire Id.No. 55669 ❑Mary F. Kenned?,Esquire Id.No. 77149 ❑Meghan K.Boyle,Esquire Id.No. 201661 ❑Sean P.Mays,Esquire Id.No. 307518 ❑Richard J.Nalbandian, III,Esquire Id.No. 312653 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS C= 10561 TELEGRAPH ROAD �rn r GLEN ALLEN, VA 23059 CUMBERLAND COUNTY =:;o -0 =� cnr- t vs. No.: 13-3205 Civil Tenn Charles A.J. Halpin, III, Esquire as y E5 Personal Representative of the Estate of -{ Gerald W. Smith 100 South Broad Street, Ste. 2226 Philadelphia, PA 19110 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter Amount Due $60,116.89 Interest from 7/19/2013 to Date of Sale @ $9.88 per diem $ Subtotal $ (Costs to be added) VGr ory Javar i ,Esquire Id.No. 55669 11 Mary F.Kenn y, Esquire Id.No. 77149 ❑Meghan K. Boyle,Esquire Id.No. 201661 �us�' 8 El Sean P.Mays,Esquire Id.No. 307518 U 3 ❑Richard J.Nalbandian,Esquire Id.No. 312653 Attorneys for Plaintiff 1310 Industrial Boulevard bpd- y 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 co LL ALL THOSE CERTAIN two tracts of real estate located in Shippensburg Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 BEGINNING at a point in the middle of South Penn Street extended; thence the same South 24 %2° East, 507.87 feet,more or less, to a point on line of land now or formerly of the Willis C. Burkholder estate; thence by the same in a Westwardly direction 160 feet to a point; thence by the same in a Southwardly direction 115 feet to a point on line of the right of way of the P and R Railroad cut-off; thence by the same South 63°West, 128.75 feet to a post; thence by land now or formerly of L.M. Shindledecker North 24 %2° West, 622.87 feet, more or less, to a post; thence by lands now or formerly of John Ripple North 63° East, 290.4 feet to the place of BEGINNING. BEING the same which Bertha C. Burkholder(widow) et al by their deed dated January 5, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book E, Volume 13, at Page 576, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. Tract No. 2 ALL THAT CERTAIN lot of ground sitate in Shippensburg Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point on line of lands now or formerly of L.M. Shindledecker; thence by the same in a Northeasterly direction 150 feet more or less to a point; thence by lands now or formerly of John Ripple in a Southerly direction 25 feet more or less to a point; thence by the above mentioned Tract No. 1 in a Southerly direction 265 feet more or less to a point; thence by a right of way of the P and R Railroad in a Southwesterly direction 150 feet more or less to a point; thence by lands of L.M. Shindledecker in a Northerly direction 360 feet more or less to a point, the place of BEGINNING. CONTAINING 3 acres more or less. BEING part of a larger tract with Nancy Martin,by her deed dated July 23, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 13, at Page 58, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. BEING THE SAME PREMISES which Lester D. Burkholder and Mary L. Burkholder, husband and wife and Arthur S. Burkholder and Genevieve F. Burkholder, husband and wife,by Deed dated November 25, 1974 and recorded December 3, 1974 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 25-W, Page 617, granted and conveyed unto Gerald W. Smith and Dorothy J. Smith,husband and wife.. BEING KNOWN AS: 310 South Penn Street, Shippensburg, PA 17257 PARCEL#36-35-2388-008 tw- 1 � LAW OFFICES OF GREGORY JAVARDIAN THE F'r� GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 o oQQ ,{t MARY F.KENNEDY,ESQUIRE Id.No.77149 � j ` MEGHAN K.BOYLE,ESQUIRE Id.No.201661 3 SEAN P.MAYS,ESQUIRE Id.No.307518 C(f RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653PEN S� � 1310 INDUSTRIAL BOULEVARD Y�i,CO�(� I 1ST FLOOR, SUITE 101 NIA SOUTHAMPTON,PA 18966 (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY Charles A.J. Halpin, III, Esquire as No.: 13-3205 Civil Term Personal Representative of the Estate of Gerald W. Smith CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: Q FHA O Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with Gre ry Javardi Esquire Id.No. 55669 ❑M F.Kenne Esquire Id.No. 77149 ❑Meghan K.Boyle, Esquire Id.No. 201661 ❑Sean P.Mays,Esquire Id.No. 307518 El Richard J.Nalbandian,Esquire Id.No. 312653 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS MCO C/) rn- .rn rn T)rr- :"D - r =r- vs. CUMBERLAND COUNTY Charles A.J. Halpin, 111, Esquire as Personal No.: 13-3205 Civil Tenn =C) Representative of the Estate of Gerald W. CD Smith � A.0 AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 South Penn Street, Shippensburg, PA 17257: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained,please indicate) Charles A.J. Halpin, 111, Esquire as Personal 100 South Broad Street, Ste. 2226 Representative of the Estate of Gerald W. Philadelphia, PA 19110 Smith 2. Name and address of Defendant(s)in the judgment: Charles A.J. Halpin, III, Esquire as Personal 100 South Broad Street, Ste. 2226 Representative of the Estate of Gerald W. Philadelphia, PA 19110 Smith 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address(if address cannot be reasonably ascertained,please indicate) Plaintiff. Citizens Bank of PA 1735 Market Street Philadelphia,PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained,please indicate) Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PA Department of Public Welfare Health and Welfare Building—Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 Commonwealth of PA 6th Floor, Strawberry Square Bureau of Individual Tax Dept. #280601 Inheritance Tax Division Harrisburg, PA 17128 Attention: John Murphy Internal Revenue Service WS Moorhead Federal Bldg. Federal Estate Tax 1000 Liberty Avenue, Room 112 Special Procedures Branch Pittsburgh, PA 15222-4003 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105-8486 Orphan's Court/Register of Wills 1 Courthouse Square c/o Glenda Farner Strasbaugh Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 310 South Penn Street Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Gre ry Jav di , squire Id.No. 55669 ❑M F.Kenned , squire Id.No. 77149 ❑Meghan K.Boyle, Esquire Id.No. 201661 ❑Sean P.Mays,Esquire Id.No. 307518 ❑Richard J. Nalbandian,Esquire Id.No. 312653 August 28, 2013 Attorneys for Plaintiff tv LAW OFFICES OF GREGORY JAVARDIAN "fp GREGORY JAVARDIAN,ESQUIRE Id.No. 556692 i ) MARY F.KENNEDY,ESQUIRE Id.No.77149 M MEGHAN K.BOY LE, LE,ESUIRE Id.No.201661 1"13 SEAN P.MAYS, QUIRE Id No.307518 CU SP -3 �l0. RICHARD J.NALB ANDIAN,III,ESQUIRE Id No. 312653 `�-RC 4.9 13 10 INDUSTRIAL 1ST FLOOR,SUITE OOULEVARD � � � SOUTHAMPTON,PA 18966 (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY Charles A.J. Halpin, III, Esquire as Personal No.: 13-3205 Civil Term Representative of the Estate of Gerald W. Smith NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles A.J. Halpin, III, Esquire as Personal Representative of the Estate of Gerald W. Smith 100 South Broad Street, Ste. 2226 Philadelphia, PA 19110 Your house(real estate) at 310 South Penn Street, Shippensburg, PA 17257, is scheduled to be sold at Sheriffs Sale on DECEMBER 4, 2013 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $60,116.89, obtained by CITIZENS BANK OF PENNSYLVANIA, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(215) 942-9690. 2. You may be able to petition the Court to set aside the sale ifthe,bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Law Offices of Gregory Javardian at(215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 TELEPHONE; (717)249-3166 (800)990-9108 ALL THOSE CERTAIN two tracts of real estate located in Shippensburg Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 BEGINNING at a point in the middle of South Penn Street extended; thence the same South 241/2° East, 507.87 feet,more or less,to a point on line of land now or formerly of the Willis C. Burkholder estate; thence by the same in a Westwardly direction 160 feet to a point; thence by the same in a Southwardly direction 115 feet to a point on line of the right of way of the P and R Railroad cut-off; thence by the same South 63' West, 128.75 feet to a post; thence by land now or formerly of L.M. Shindledecker North 241/2°West, 622.87 feet,more or less,to a post; thence by lands now or formerly of John Ripple North 63' East, 290.4 feet to the place of BEGINNING. BEING the same which Bertha C. Burkholder(widow) et al by their deed dated January 5, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Deed Book E,Volume 13, at Page 576, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. Tract No. 2 ALL THAT CERTAIN lot of ground sitate in Shippensburg Township,-Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point on line of lands now or formerly of L.M. Shindledecker; thence by the same in a Northeasterly direction 150 feet more or less to a point; thence by lands now or formerly of John Ripple in a Southerly direction 25 feet more or less to a point; thence by the above mentioned Tract No. I in a Southerly direction 265 feet more or less to a point; thence by a right of way of the P and R Railroad in a Southwesterly direction 150 feet more or less to a point; thence by lands of L.M. Shindledecker in a Northerly direction 360 feet more or less to a point, the place of BEGINNING. CONTAINING 3 acres more or less. BEING part of a larger tract with Nancy Martin,by her deed dated July 23, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 13, at Page 58, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. BEING THE SAME PREMISES which Lester D. Burkholder and Mary L. Burkholder, husband and wife and Arthur S. Burkholder and Genevieve F. Burkholder,husband and wife,by Deed dated November 25, 1974 and recorded December 3, 1974 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 25-W,Page 617, granted and conveyed unto Gerald W. Smith and Dorothy J. Smith,husband and wife.. BEING KNOWN AS: 310 South Penn Street, Shippensburg, PA 17257 PARCEL#36-35-2388-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 201.3-3205 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA Plaintiff(s) From CHARLES A.J.HALPIN,III,ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION 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, (2) 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$60,116.89 Plaintiff Paid$ Interest FROM 7/19/13 TO DATE OF SALE @$9.88 PER DIEM Attorney's Comm. % Law Library$.50 Attorney Paid$148.75 Due Prothonotary$2.25 Other Costs$ -TO BE ADDED Date: Sept.3,2013 , David D. Buell,Prothonotary (Seth() Deputy REQUESTING PARTY: Name : Gregory Javardian,Esq. Address: Law Offices of Gregory Javardian, 1310 Industrial Boulevard, I"Floor,Suite 101, Southampton,PA 18966 Attorney for: Plaintiff Telephone: 215-942-9690 Supreme Court ID No. 55669 LAW OFFICES OF GREGORY JAVARDIAN ��^ GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 ( FICT MARY F.KENNEDY,ESQUIRE Id.No.77149 �(}�yj�V�{ r�: MEGHAN K.BOYLE,ESQUIRE Id.No.201661 DEC 1 SEAN P.MAYS,ESQUIRE Id No. 307518 P 2; 1310 INDUSTRIAL BOULEVARD CUMBERL SOUTHAMPTON,PA 18966 P NNS YL ,COUNTY (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Charles A.J. Halpin, III, Esquire as No.: 13-3205 Civil Term Personal Representative of the Estate of Gerald W. Smith AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail,postage prepaid, on the date set forth below. (See attached Exhibit"A"). Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Tenants/Occupants 310 South Penn Street Shippensburg, PA 17257 Charles A.J. Halpin, III, Esquire as Personal Representative of the Estate of Gerald W. Smith 100 South Broad Street, Ste. 2226 Philadelphia, PA 19110 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building—Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Citizens Bank of PA 1735 Market Street Philadelphia, PA 19103 Commonwealth of PA Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedures Branch WS Moorhead Federal Bldg. 1000 Liberty Avenue, Room 112 Pittsburgh, PA 15222-4003 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Orphan's Court/Register of Wills c/o Glenda Farner Strasbaugh 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that fa e s,.te. - herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn fa ifica .n to aut orities. ❑Greg... i ,Esquire Id.No. 55669 ❑Mary F.Kennedy,Esquire Id.No. 77149 ❑Meghan K. 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C ) cLU o H d a 00 �, � • o `° N v 0' 9 °sy W c °' 4, � '� 0 � °fl°'-is co t- oC �; N t Q� o co �o . L,t 0 0 � � N ,n Q�`D m 0 0 clA ° z p °� 4°• y ° O- , v ZN. °' nom ' P� ter°0 a) n O7OcD G ii Y. (SO et `01.1-4‘ 1011ASS1 6 Za.$�@ I i 10 0 2 j�N I I TI2iVANTS CM les A.J.Halpinn,III Esquire as OCCUPANTS Personal Representative of Estate 310 SOUTH PENN STREET 'g c G-� of Gerald W.Smith N. SHIPPENSBURG,PA 17257 sc,� :j,, 100 South Broad Street,Ste 2226 r'g: Sd c� Philadelphia,PA 19110 /erg . '1i i'-o/ 1 ' \v S I SENDER: '��:? _, r, ;L` SENDER: ;� REFERENCE: REFERENCE: SMITH, G. (ESTATE) Smith, G.(estate) 7196 9008 9040 1981 1223 7196 9008 9040 1981 1513 PS Form 3800,January 2005 PS Form 3800,January 2005 RETURN Postage 0 46 RETURN Postage U 66 RECEIPT Certified Fee RECEIPT Certified Fee SERVICE 3.10 SERVICE 3.10 Return Receipt Fee 2.55 Return Receipt Fee 2.55 Restricted Delivery C.00 Restricted Delivery 0.00 Total Postage&Fees 6.11 Total Postage&Fees 6 31 LISPS* POSTMARK OR DATE LISPS' POSTMARK OR DATE Receipt for Receipt for Certified Mail'" Certified Mail'" No Insurance Coverage Provided No Insurance Coverage Provided Do Not Use for International Mail Do Not Use for International Mail • • • • • LAW OFFICES OF GREGORY JAVARDIAN HE FILED'T U-NO TAR GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 DEC f 2: 40 MARY F.KENNEDY,ESQUIRE Id.No.77149 MEGHAN K.BOYLE,ESQUIRE Id.No.201661 COUNTY COU CUMBERLAND COU SEAN P.MAYS,ESQUIRE Id No. 307518 PENNSYLVANIA O RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. No.: 13-3205 CIVIL TERM CHARLES A.J. HALPIN, III, ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH Defendant ACCEPTANCE OF SERVICE I, CHARLES A.J. HALPIN, III, ESQUIRE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD W. SMITH, Defendant, hereby accept service of the Notice of Sheriff's Sale of the property located at 310 SOUTH PENN STREET, SHIPPENSBURG, PA 17257, which is scheduled for Sheriff's Sale on DECEMBER 4, 2013, relative to the above matter. Dated: / / 3 Lam.- 1 Jar.CHARLES A.J. LP , _, ES Q Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ar SitERIFF ISM � ,•-• tl_ ., • lIPP, 10 PM 7 CUMBERLAND PENNSYLVANIA Citizens Bank of Pennsylvania vs. Gerald W Smith Estate Of do Charles A.J. Halpin, Ill Esq. Case Number 2013 -3205 SHERIFF'S RETURN OF SERVICE 09/23/2013 12:14 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 310 South Penn Street, Shippensburg - Township, Shippensburg, PA 17257, Cumberland County. 12/03/2013 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriff's Sale Continued to 1/8/2014 01/08/2014 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriff's Sale Continued to 4/9/2014 04/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed ", per letter of instruction from Attorney. SHERIFF COST: $1,284.73 SO ANSWERS, April 09, 2014 RONNY R ANDERSON, SHERIFF ese, 30 930/ Ci CouriiySu: e dheriff,'Teleoscft, Inc. On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA, Known and numbered as, 310 South Penn Street, Shippesburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. CT Date: September 9, 2013 CL. LaJ N By: 7 Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -3205 Civil Term CITIZENS BANK OF PENNSYLVANIA vs. GERALD W. SMITH ESTATE OF c/o CHARLES A.J. HALPIN, III ESQ. Atty.: Gregory Javardian ALL THOSE CERTAIN two tracts of real estate located in Shippensburg Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 BEGINNING at a point in the middle of South Penn Street extend- ed; thence the same South 24 V2° East, 507.87 feet, more or less, to a point on line of land now or formerly of the Willis C. Burkholder estate; thence by the same in a Westwardly direction 160 feet to a point; thence by the same in a Southwardly direc- tion 115 feet to a point on line of the right of way of the P and R Railroad cut -off thence by the same South 63° West, 128.75 feet to a post; thence by land now or formerly of L.M. Shin - dledecker North 24 1/2° West, 622.87 feet, more or less, to a post; thence by lands now or formerly of John Ripple North 63° East, 290.4 feet to the place of BEGINNING. BEING the same which Bertha C. Burkholder (widow) et al by their deed dated January 5, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book E, Volume 13, at Page 576, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. Tract No. 2 ALL THAT CERTAIN lot of ground sitate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on line of lands now or formerly of L.M. Shind- ledecker; thence by the same in a Northeasterly direction 150 feet more or less to a point; thence by lands now or formerly of John Ripple in a Southerly direction 25 feet more or less to a point; thence by the above mentioned Tract No. 1 in a Southerly direction 265 feet more or less to a point; thence by a right of way of the P and R Railroad in a Southwesterly direction 150 feet more or less to a point; thence by lands of L.M. Shind- ledecker in a Northerly direction 360 feet more or less to a point, the place of BEGINNING. CONTAINING 3 acres more or less. BEING part of a larger tract with Nancy Martin, by her deed dated July 23, 1946, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book K, Volume 13, at Page 58, conveyed to Lester D. Burkholder and Arthur S. Burkholder, two of the Grantors herein. BEING THE SAME PREMISES which Lester D. Burkholder and Mary L. Burkholder, husband and wife and Arthur S. Burkholder and Genevieve F. Burkholder, husband and wife, by Deed dated November 25, 1974 and recorded December 3, 1974 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 25 -W, Page 617, granted and conveyed unto Gerald W. Smith and Dorothy J. Smith, husband and wife. BEING KNOWN AS: 310 South Penn Street, Shippensburg, PA 17257 PARCEL #36 -35- 2388 -008. 113 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Eylitor SWORN TO AND SUBSCRIBED before me this 5 da of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ,,,The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot Nevus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. d 4 S N S V 2013 -3205 CIvII Te CITIZENS BANK 0 PENNSYLVANIA vs. ERALD W SMITH ESTATE OF C/O CHARLES A.J. HALPIN, III ESO. Atty: Gregory Javardlan ALL THOSE CERTAIN two tracts of real estate located in Shippcnsburg Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No.1 BEGINNING at a point in the middle of South Penn Street extended; thence the same South 24 V2° East, 507.87 feet, more or less, to a point on line of land now or formerly of the Willis C. Burkholder estate; thence by the same in a Westwardly direction 160 feet to a point; thence by the 'same in a Southwardly ,,, direction 115 feet to a point on line of the right of way of the P and R Railroad cutoff ■ thence by the same South 63° West, 128.75 feet to a post; thence by land now or formerly of L.M. Shindfedecker North 24 W West, 622.87 feet, more or less, to a post; thence ' by lands now or formerly of John Ripple North 63° East, 290.4 feet to the place of BEGINNING. ocn4 , _,1.. _ _..,1.:r1.. , u...,i:z r t.. This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn and subscribed be re nje this 11 day of November, 2013 A.D. otary Public Atli OF t'ENN IA NotV'tn ^t Seal Lynr r• t �':. i,V ' a Public Washingt4Hotly n ;iupntn Motary Couty My Commission c• ✓ +e OBE.. 12, MEMBER, PENNSYLVANIA ASSOCIA