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Created 1213/04 9:55AM
Revised. 12/16/04 3:20PM
11412.1
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.O""-~J4Lj CNIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants
Defendants
IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or obj ections 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 Plaintiffs. 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249- 3166
M
Dated: December 17, 2004
By <-"
David R. Gallowa ,
1. D. Number 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants
Defendants
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff COMMERCE BANK/HARRISBURG N.A. by and through
its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Complaint in
Mortgage Foreclosure upon the following:
1. Plaintiff Commerce Bank/Harrisburg N.A. is a Pennsylvania Banking Corporation
with a principal place of business at 100 Senate Avenue, Camp Hill, Cumberland County,
Pennsylvania.
2. Defendants Kenneth W. Smith and Sharon L. Smith are adult individuals residing as
husband and wife at 304 Sandbank Road, Mt. Holly, Cumberland County, Pennsylvania.
3. On March 28, 2002, Defendant, Kenneth W. Smith, as Mortgagor, granted unto
Plaintiff, as Mortgagee, a certain Mortgage and entered into a certain Business Loan Agreement of
the same date, for the repayment of a principal debt of One Hundred Fifty-Two Thousand Dollars
($152,000.00) pursuant to the terms and conditions of said Mortgage and Business Loan Agreement,
which obligation was secured by premises known as and numbered 1208 Trindle Road, Carlisle,
Cumberland County; a copy of the Mortgage, as recorded in Cumberland County Mortgage Book
1754, Page 742, is attached hereto, marked Exhibit "A" and incorporated herein by reference.
4. The land subject to the Mortgage is known as and numbered as 1208 Trindle Road
in Carlisle, Cumberland County, Pennsylvania and is more particularly described in Exhibit "A."
5. The Mortgage has not been assigned.
6. Defendants, as terre-tenants, are the real owners ofthe property and Plaintiff knows
of no other persons holding an ownership interest in the property.
7. Defendant is in default in the payment of his monthly payments in that he has not
made a payment since August 31, 2004, whereby there is now owing a principal balance, together
with accrued interest and attorney's fees as follows:
Principal Balance:
Interest from August 31, 2004
through December 10, 2004:
Late Payment Charges:
Attorney's Fees (5%):
Total Due as of December 10, 2004:
Plus interest accruing at $27.88 per day
from December 10, 2004 until the debt is
paid in full
$138,444.98
3,764.40
349.20
6,922.25
$149,480.83
$
8. As of December 10, 2004, the amount due and owing from Defendant is the amount
of One Hundred Forty-Nine Thousand Four Hundred Eighty and 83/100 Dollars ($149,480.83) plus
interest from December 10,2004, at the rate of Twenty-Seven and 88/100 Dollars ($27.88) per day
until the debt is paid in full, plus costs.
9. The Mortgage attached as Exhibit "A" is not a residential mortgage under the
provisions of the Act of January 30, 1974, P.L. 13, No.6, S 101, et seq., 41 P.S. S 101, et seq., as
amended.
WHEREFORE, Plaintiff demands of Defendants the sum of One Hundred Forty-Nine
Thousand Four Hundred Eighty and 83/100 Dollars ($149,480.83)plus interest at the rate of Twenty-
Seven and 88/100 Dollars ($27.88) per day from December 10,2004, plus costs of this action.
By
David R. Galloway
J.D. No. 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: December 17, 2004
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WHEN RECORDED MAIL TO:
COMMERCE BANKlHARRISBURG N.A.
100 SENATE AVENUE
CAMP HILL, PA 17011
'02 APR 9 PM 1 00
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
THIS MORTGAGE dated March 28, 2002, is made and executed between Kenneth W. Smith, whose address is
304 Sandbank Road, Mt. Holly, PA 17065 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG
N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages
to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or
affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges,
tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with
respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other r!ghts,
royalties, and profits relating to the real property, includini) without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property") located in Cumberland County, Commonwealth of Pennsylvania:
See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth
herein. '
The Real Property or its address is commonly known as 1208 Trindle Road, Carlisle, PA.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the
Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage
shall be a purchase money mortgage under 42 P.S. Section 8141.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating
to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The proviSions of this section of the Mortgage, including the obligation to
indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be
BK \ 7 5 4 PG 4 7 4 2
EXHIBIT "A"
MORTGAGE
(Continued)
Page 2
affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion,
Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts
set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water cllarges
and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of
Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not
due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance
as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender.
Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished
without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such
notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal
Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available,
within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as
otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds
which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be
applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall
be paid to Grantor as Grantor's interests may appear.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property.
LENDER'S. EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails
to campI, with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due
anv amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be
BK I 7 5 4 PG 4 7 4 3
MORTGAGE
. (Continued)
Page 3
obligated t6) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property.
All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be
payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all
other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of
any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's
Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on
the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;
and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same
effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall
have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by lender to
perfect and continue lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the reai property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse lender for all expenses incurred in perfecting or continuing this security interest.
Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to
Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are
a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
BK I 7 5 4 PG 4 7 4 4
MORTGAGE
(Continued)
Page 4
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created
by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender
agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in
this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and
do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of
the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Grantor.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement,
or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the
Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage
or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or
misleading at any time thereafter.
Defective Collaterallzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness.
This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply
if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor
or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death,
Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the
guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance
of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at it option, after giving such notices as required by applicable law, to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of
the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against
the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees
directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment
thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to
BK \ 7 5 4 PG 4 7 4 5
MORTGAGE
(Continued)
Page 5
Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of
any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender,
to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and
confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the
Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and
thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In
exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's
right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights
and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly
against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or
indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and
to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of
its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate
from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and
title insurance, to the extent pennitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be
effective when actually delivered, when actually received by te/efacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed
to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties. specifying that the purpose of the notice is to change the party's address. For notice
purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is
more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require.
"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the
Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by, construed and enforced in accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and
BK , 7 5 4 PG 4 7 4 6
MORTGAGE
(Continued)
Page 6
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance
with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor,
shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender
is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of
this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors,
and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to
the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Kenneth W. Smith, and all other persons and entities signing the Note in whatever capacity.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource ConseNation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this
Mortgage.
Grantor. The word "Grantor" means Kenneth W. Smith.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction
thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real
Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related
Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts expended or advanced by lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated March 28, 2002, in the original principal amount of $152,000.00 from
Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean a/l promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means a/l present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
Property.
BK , 7 5 4 PG 4 7 u 7
MORTGAGE
(Continued)
Page 7
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS
MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
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CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows:
COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF
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COMMONWEALTH OF PENNSYLVANIA
day of IJ{ iVLeJ.- ,20 ();}- ,before me
, the undersigned Notary Public, personally appeared Kenneth W. Smith, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same tor the purposes
therein contain,ed. . '.
In witn~s wher~9f, I hereunto,$et my hand and official seal. /~ ~
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My Commission ExpiJtEls Apr. 17, 2003
On this, the
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BK \ 7 5 4 PG 4 7 4 8
"I'ne land referred to in this cornmltlTlellt Is described as follows:
ALL THAT CERTAIN tract of lend with the improvements thereon erected situate in South Middleton TownshIp,
qumberland County, Peonsylv8f\ia. bounded and described "6 follows. to wit
BEGINNING at a point marked by. atake at the Intot".sectlon of the southern right of way line of Pennsylvania
ROUth 641, commonty known as the Trindle Road, and the ea$lem right of way Uno of limited acce$i leading to
Interstate Route No. 81; thence along IDe southem right of way Ilne of the Trindle Road, South 86 degrees 45
minutes 36 seconds East, 8 distance of 185.78 feet to e point marked by a slake In Une of Iand$ now or formerly
of William A. Bl~smith; thence along landl now or forrneny of William A. Blaet<&mith, South 51 de~roe6 2
minutes 24 seconds West. 8 distance cA 250.81 feet to a point in the eastern right of wey line for limIted .accesa:
thence along the eastern right of walJ line for fimited eccel*. North 3 degrees 14 minutes 24 second6 East. a
distance of 168.54 feet to a point marked by i!I stake. the Place of BEGINN'NG.
HAVING thereon erected a on....tory building.
THE AFORESAID deacription is based upon a survey made by D.P. Raffensperger, Registered Surveyor, dated
August 16, 1962.
(SMI066-(J2.P~OiSMI06600211)
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Schedule C
1 Certi fy this to be recorded
In Cun1berland County P A
Recorder of Deleds
BK I 7 5 4 PG 4 7 4 9
VERIFICATION
I, Angela Masser of Vice President-Asset Quality Manager of Commerce
BanklHarrisburg N.A., acknowledge I have the authority to execute this Verification on behalf of
Commerce Bank and certify the foregoing Complaint in Mortgage Foreclosure is based upon
information which has been gathered by my counsel in the preparation of the lawsuit. The
language of this Complaint in Mortgage F orec1osure is that of counsel and not my own. I have
read the document and to the extent the Complaint in Mortgage Foreclosure is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent the content of the Complaint in Mortgage Foreclosure is
that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
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David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle,PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF DEF AUL T JUDGMENT
TO: KENNETH W. SMITH & SHARON L. SMITH, DEFENDANTS
You are hereby notified that on February 'ii'"5', 2005, a Judgment was entered against you
in the above-captioned case as follows:
Principal Balance:
Interest form August 31, 2004, through February 7, 2005:
Late Payment Charges:
Attorneys' fees:
Total Judgment
$138,444.98
$ 4,460.80
$ 349.20
$ 6.922.25
$150,177.23
Costs of suit and interest accruing at $27.88 per day from February 7, 2005, shall be added
to the Judgment.
Date:
('>>..;k;'I2. %"1 /I'A--'"'
Prothonotary
I hereby certify that the names and addresses of the proper persons to receive this notice
under Pa. R. Civ. P. 236 are:
Mr. Kenneth W. Smith
Mrs. Sharon L. Smith
304 Sandbank Road
Mt. Holly Springs, P A 17065
M
Date: February 7, 2005
By
David R Gallo ay .
Attorneys for Plaintiff
. F:\FlLESIDATAFlLEIGeneral\Current\11412. Lpra1
Created: 2/4/05 10:33AM
Revised: 2171053:05PM
11412.1
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CNIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendants, for Defendants' failure to file an answer to the Complaint, as follows:
Principal Balance:
Interest form August 31, 2004, through February 7,2005:
Late Payment Charges:
Attorneys' fees:
$138,444.98
$ 4,460.80
$ 349.20
$ 6.922.25
Total Judgment $150,177.23
Costs of suit and interest accruing at $27.88 per day from February 7, 2005, shall be added
to the Judgment.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to Defendants al their last known address on January 25,2005, which date was
subsequent to the date default occurred and at least ten (10) days prior to the date ofthe Praecipe.
Dated: February 7,2005
By
David R. Galloway, EsqUIre
J.D. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
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11412l
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants
Defendants : IN MORTGAGE FORECLOSURE
TO: KENNETH W. SMITH
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 SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
F WILLIAMS & OTTO
Date: January 25, 2005
Dav' al
I. . 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
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114)21
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRlSBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants
Defendants : IN MORTGAGE FORECLOSURE
TO: SHARON SMITH
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 SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS 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 MAYBE 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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
Date: January 25, 2005
WILLIAMS & OTTO
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that
a copy of the foregoing document was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, P A 17065
Brian C. Bornman, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover St.
Carlisle, PA 17013
(Counsel Not of Record)
S & OTTO
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Te ast High Street
Ca isle, PA 17013
(717) 243-3341
Dated: February 7, 2005
...
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06344 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
SMITH KENNETH W ET AL
JASON VIORAL
/ Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvania/ who being duly sworn according to law/
says/ the within COMPLAINT - MORT FORE
was served upon
SMITH KENNETH W
the
DEFENDANT
/ at 1230:00 HOURS/ on the 3rd day of January / 2005
at 304 SANDBANK ROAD
MT HOLLY SPRINGS/ PA 17065
by handing to
SHARON SMITH/ WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.44
.00
10.00
.00
32.44
So Answers:
.r'~~
R. Thomas Kline
01/05/2005
MDW&O
Sworn and Subscribed to before By:
me this .< y ~ day of
'1
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'-i'Li'UAA!1-t~ ~ ) A . D .
l~[Ja~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06344 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
SMITH KENNETH W ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SMITH SHARON L
the
DEFENDANT
, at 1230:00 HOURS, on the 3rd day of January , 2005
at 304 SANDBANK ROAD
MT HOLLY SPRINGS, PA 17065
by handing to
SHARON SMITH
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
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01/05/2005
MDW&O
Sworn and Subscribed to before
By:
C7ty~
--r;:.,
me this ;li/ ~ day of
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FIFlLE$\DAT AFlLE\Genera\\CllrrentII1412.] ,pra2!drg
Crealed 2123105921AM
Revised 3/1105 \.28PM
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H1W, as Terre-Tenants,
Defendants
mMORTGAGEFORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Kenneth W. Smith and Sharon L. Smith, Defendants; and
(3) execute against real property owned by Defendants and identified on attached
listing
Principal Balance:
Interest form August 31,2004, through February 7, 2005:
Late Payment Charges:
Attorneys' fees:
Total Judgment:
Plus Interest from February 8, 2005, at $27.88 per day:
Plus Costs:
$138,444.98
$ 4,460.80
$ 349.20
$ 6,922.25
$150,177.23 ,./
$
$
Date: March~, 2005
By
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
,
~
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trjndle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D,P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, tld/b/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH
,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-00 I
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaintiff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L.
SMITH, H/W AS TERRE-TENANTS,
(I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L. L. $.50
Ally's Comm %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Proth2!Z 2
~By: ~
Deputy
7f/Z/7./ r. )
REQUESTING PARTY:
Name DAVID R. GALLOW A Y, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
~ F :IfILES\DA T AFJLE\Gffieral\Currenl\ \ \ 4 \ 2. \ atTIfdrg
Created: 2123105 10:25AM
Revised: 3ill05 1:25PM
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
1. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT
I, David R. Galloway, Esquire, counsel for Plaintiff in the above action, hereby certify that
written notice of the sale of real property together with a legal description of the track, was served
upon the following:
I) Kenneth W. Smith and Sharon 1. Smith, by and through their attorney Brian C.
Bornman, Esquire.
By regular mail atthe addresses set forth in the Affidavit Pursuantto Pa. R.C.P. 3129.1, with
the return address of the Plaintiff appearing thereon, to the following:
1) Joseph J. Elwood;
2) Automotive Finance Corporation;
3) Manheim's Pennsylvania's Auction Services, Inc. d/b/a Manheim Auto Auction;
4) Manheim Automotive Financial Services, Inc.;
5) Automotive Finance Corp.;
6) Judy Campbell, South Middleton Tax Collector;
7) South Middleton Township Municipal Authority; and
8) Cumberland County Tax Claim Bureau.
There is attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Form
,
3817, confirming mailing of each of said persons or entities. A copy of the Notice of Sale together
with all legal descriptions, which was served upon each of the persons or entities named above is
attached hereto and marked as Exhibit "B."
Sworn to and subscribed before me
this 1St /day of 'Jllalc t, ,2005.
{~( I;;-v.o. hc:'jjz.
Notary Public
NOTARIAL SEAL
VICTORIA l. OTTO, NOTARY PUBLIC
C~~~~MfsOSRIOO" fJ!,MBfRlANO COUNTY
" ",r1RES DEC. 2 2006
~
BY~
David R. Galloway,
------
One piece 0'_ ordinary mail addressed 10;
......: .5 ":P H :r: f" UNOO
30'3 C.RDGtMN f)iI2..,
CMu~L.c , -:PA 17013
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US POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAlL, DOES NOT
PROVIDE FOR INSURANCE - POSTMASTER
Received From'
PS Form 3817, Mar. 1989
U.S POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOA DOMESTIC AND INTEANATlONAl MAIL, DOES NOT
PROVIDE FOR lNSUAANCE - POSTMASTER
n I
Cadisle. PA 11013-3093
O~4:0;":~;:;to ~'l AlucC Co~(
1.30'~5 HAMILWI--iCItOSSI/-.fG- i3L\I D.
Sn" 300
I2.MEL. ~' LJI.D03..:L
PS Form 3B 17, Mar. 1989
U.S, POSTAL SERVICE
CERTIFICATE OF MAILING
;1
Affix fee4ere inS~~s
or-meler 'P06tage,i!Il1d
../ pbst marlf: Jnqui!ie-QI
OrCUfrbJl
MAY BE USED FOR DOMESTIC AND !NTERNATJONAL MAIL. DOES NOT
PROViDE FOR INSURANCE POSTMASTER
Reo,'""" "IARTSON DEARDORFF WlmAMS & orr{
Ten East Hi h Street
17001
I,
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PS Form 3817, January 2001
EXHIBIT "A"
---
u.s. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESnC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FDA INSURANCE - POSTMASTEA
Affix lee here in stamps
or mel$f postage";J
postmark. J,nqlJJ(e. ~
PostrTlaster fer curren
lees.' " I
Received From:
PS Form 3817, Mar. 1989
AeceivedFrom:
us. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE - POSTMASTER
----'MIIISll8IlEARDORFF WIlliAMS & OlTo
Ten East Hi h StrBBt
Cadisle. PA 17013-3013
"
&";"':;:;"~,~i1~d ~ ",to t.VJ1NIA'::, AUCTION''-~
dtk-IQ f-11l/<l11131"1 A,-,IO Auc.'1l01-.i
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PS Form 3817, Mar. 1989
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: ;~~~ :
U.S. POSTAL SERVICE
CERTlFIl;A TE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From
.
One piece 01 ordinary mail addr
UHI3EIUANJ) ()'-''''~ A
~;;..u R.T:':":S~ 5""" AIL",
LIS"" ,?A lI013
PS Form 3817, January 2001
..
u.s. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATiONAL MAil. DOES NOT
PROVIDE FOR INSURANCE - POSTMASTER
Affix fe. e here. in 5.t8.'I). G
or meter postag~ l.
..po&t,-mar.~. tnqu1r,e;.,
postm_,.ster"~curur't
One piece 01 ordinary mail addre~: f1
4VTDNOTI1JG t"INANC'; "-...Dfl..?
.3/ DE., ~~I:il 3Th"b--r I Srf" ~oo
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J-i'lD IANA?OL-1 S J..N YI"Ot'tO
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Received From
~t.
MARTSON DEARDORfF WIlliAMS & OTTO
TeR East Hi h Street
Cadede. PA 17013.3013
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PS Form 3817, Mar. 1989
ReceivadFrom:
Affix fee here in stamPi
or meter' postage .an,~t I
po~tn;Jark. 1I1'!uire-_ 41_,
. ~- "Posfm~r, for',- curr~tll'
,fees. "
Sn
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U.S POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND !NTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE ~ POSTMASTER
TeD Eilst HiJIl Street
Cadi$1e. PA 17013.3013
'5$J1.,
One piece 01 ordinary mail addressed \0
~D'/ ~ Ai't Pf:.Et..L
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CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of MARTSON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, PA 17065
Brian C. Bornman, Esquire
GRIFFIE & ASSOCIATES
200 N. Hanover St.
Carlisle, PA 17013
(Counsel Not of Record)
MARTSON DEARDORFF WILLIAMS & OTTO
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By ~-
David R. Galloway
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March~, 2005
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Crt-llled: 212310$ 10:Z2AM
Re,ised,' JJI!ll5 1,2SPM
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
1. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO Pa. R.c.P. 3129.1
David R. Galloway, counsel for Plaintiff in the above action, sets forth, as of the date the
Praecipe for Writ of Execution was filed, the following information concerning the real property
located as described in the attached Legal Description:
1. Name and address of owner(s) or reputed owner(s):
Name Address
Kenneth W. Smith and Sharon 1. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
2. Name and address of Defendants in the Judgment:
Name Address
Kenneth W. Smith and Sharon 1. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name
Commerce Bank/Harrisburg N.A.
Address
100 Senate Ave., Camp Hill, PA 17011
4. Name and address of the last record holder of every mortgage of record:
Name Address
a)
b)
c)
Commerce Bank/Harrisburg N.A.
Joseph J. Elwood
Automotive Finance Corporation
100 Senate Ave., Camp Hill, P A 170 II
308 Croghan Drive, Carlisle, P A 17013
13085 Hamilton Crossing Blvd., Ste. 300,
Carmel, Indiana 46032
d)
Manheim's Pennsylvania's Auction
Services, Inc. d/b/a Manheim Auto
Auction
1190 Lancaster Road, Manheim, P A 17545
5. Name and address of every other person who has any record lien on the
property:
Name
Cumberland County Tax Claims Bureau
Address
1 Courthouse Square, Carlisle, PA 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name
None.
Address
7. Name and address of every other person of whom Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name Address
a)
Manheim Automotive Financial
Services, Inc.
1400 Lake Hearn Drive, Atlanta, GA 30319
b)
Automotive Finance Corp.
310 E. 96th Street, Ste.300, Indianapolis, IN
46240
c)
Judy Campbell, South Middleton
Township Tax Collector
520 Park Drive, Boiling Springs, P A 17007
d)
South Middleton Township
Municipal Authority
345 Criswell Dr., Boiling Springs, P A 17007
I verifY the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand false statements herein are made subject to the
penalties of 18 Pa. C.S. S 4909 relating to unsworn falsification to authorities.
MARTSON DEARDO
WILLIAMS & OTTO
Date: March~, 2005
\
By
David R. Gallo ay
Attorney I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line oflands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance 01'250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D.P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, tld/b/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of MARTSON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, PA 17065
Brian C. Bornman, Esquire
GRIFFIE & ASSOCIATES
200 N. Hanover St.
Carlisle, PAl 7013
(Counsel Not of Record)
WILLIAMS & OTTO
By
David R. Gallow
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March l, 2005
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David R. Galloway, Esquire
MARTSON DEARDORFF WILLlAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG NA, : fN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held on June 8, 2005, in the
, CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time.
THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly
consisting ofa statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
THE LOCATION of the property to be sold is:
a. 1208 Trindle Road, Carlisle, Pennsylvania 17013
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO.
04-6344 Civil Term, Cumberland County c.c.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES
ARE:
a. Kenneth W. Smith and Sharon L. Smith, 304 Sand Bank Road, Mt. Holly Springs,
Pennsylvania 17065
,
I
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (l0) days of the date it is filed. Information about the Schedule of
Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against
you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have
legal rights to prevent your property from being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
R. Thomas Kline, Sheriff
J
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D.P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, tld/b/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaintif (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L.
SMITH, H/W AS TERRE-TENANTS,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 a a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L.L. $.50
Atty's Cornrn %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1,2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
By:
REQUESTING PARTY:
Name DAVID R. GALLOW A Y, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court 1D No. 87326
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plainti f (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L
SMITH, H/W AS TERRE-TENANTS,
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen nt
(s) or otherwise disposing thereof;
(3) Ifproperty 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 a a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Atty's Comm %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQIDRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plainti f (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L
SMITH, HiW AS TERRE-TENANTS,
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garni5hee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt
(s) or otherwise disposing thereof;
(3) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Atty's Comm %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOW A Y, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaint ff (s)
NO 04-6344 Civil
CIVIL ACTION - LA
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON
SMITH, H/W AS TERRE-TENANTS,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attacb 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 illIs been issued; (b) the garnishee(s) is enjoined fro
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Ally's Comm %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ill No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CNIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANKlHARRISBURG N.A., Plainti f (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L
SMITH, H/W AS TERRE-TENANTS,
(I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen nt
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Ally's Comm %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plain ff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON
SMITH, H/W AS TERRE-TENANTS,
(I) You are directed to levy upon the property of the defendant (s)and to seH SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as foHows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om
paying any debt to or for the account of the defendant (s) and from delivering any property of the defe t
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Ally's Comm %
Ally Paid $130.44
Plaintiff Paid
Date: MARCH 1,2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaint ff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON
SMITH, HIW AS TERRE-TENANTS,
(I) You are directed to levy upon the property of the defendant (s)and to seH SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as foHows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om
paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 himlher that helshe has been added a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L.L. $.50
Atty's Comm %
Ally Paid $130.44
Plaintiff Paid
Date: MARCH 1,2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQIDRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court lD No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANKlHARRISBURG N.A., Plaint ff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON
SMITH, H/W AS TERRE-TENANTS,
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om
paying any debt to or for the account of the defendant (s) and from delivering any property of the defe ant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added s a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Atty's Comrn %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH I, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 7I 7-243-3341
Supreme Court lD No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaint ff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON
SMITH, H/W AS TERRE-TENANTS,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om
paying any debt to or for the account of the defendant (s) and from delivering any property of the defe dant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 himlher that he/she has been added s a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
Ally's Comm %
Ally Paid $130.44
Plaintiff Paid
Date: MARCH 1, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQIDRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LA
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANKlHARRISBURG N.A., Plainti f(s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L
SMITH, H/W AS TERRE-TENANTS,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om
paying any debt to or for the account of the defendant (s) and from delivering any property of the defe dant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added s a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L.L. $.50
Atty's Corum %
Atty Paid $130.44
Plaintiff Paid
Date: MARCH 1,2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
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Cr~"/J.~d 512105 \ I 07AM
Revised, 5/2/05 II 56AM
114121
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG NA,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
We attach an Entry of Order Modifying Stay to Permit the Foreclosure of Lien upon Real
Estate of Debtor granted on April 26, 2005, by the Honorable Mary D. France, Bankruptcy Judge,
United States Bankruptcy Court for Middle District of Pennsylvania.
Dated: May 2, 2005
By
David R. Galloway, ESqUl
LD. 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
. WILLIAMS & OTTO
. , .
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Revis.:d, -V'-::'_2I()~ :.-\g~M
J!4l21
UNITED STATE BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYL VANIA
INRE:
KENNETH W. SMITH & SHARON L.
SMITH, H/W,
Debtors
BANKRUPTCY NO. 05-BK-Ollll
CHAPTER 7
I
\cOMMERCE BANKlHARRISBURG,
iN.A.,
: FILED: February 28, 2005
I
I
~ENNETH W. SMITH & SHARON L.
MITH, H/W, and LEON P. HALLER,
rustee,
, Respondents
: ASSIGNED TO:
: THE HONORABLE MARY D. FRANCE
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ENTRY OF ORDER MODIFYING STAY TO PERMIT
\ THE FORECLOSURE 7 LIEN UPON REAL ESTATE OF DEBTOR
\ .
II! AND NOW, this d (, day of OJ/lA../ ,2005, it is hereby ORDERED that
thF stay imposed by s362(a) of the Bankruptcy Code is modified to permit the
M~vant Commerce Bank/Harrisburg, N.A. to proceed to foreclosure on its mortgage
rec;orded in Cumberland County, Pennsylvania in Mortgage Book 1754, Page 742 as
de~cribed in its Motion to file herein.
,
I
BY THE COURT,
Is! MARY D. FRANCE
Mary D. France
Bankruptcy Judge
-.
"
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifylhat
a copy of the foregoing Praceipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
James K. Jones, Esquire
7 Irvine Row
Carlisle, P A 17013
B'
Je
T Easl High Street
Carlisle, PA 17013
(717) 243-3341
LLIAMS & OTTO
D~te: May 2, 2005
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..... Created: 5/9/05905AM
Revised 5/17105 o 14PM
11412,1
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue writ of execution in the above matter,
(l) directed to the Sheriff of Cumberland County;
(2) against Kenneth W. Smith and Sharon L. Smith, Defendants; and
(3) execute against real property owned by Defendants and identified on attached listing
Principal Balance:
Interest form August 31, 2004, through February 7,2005:
Late Payment Charges:
Attorneys' fees:
Total Judgment:
Plus Interest from February 8, 2005, at $27.88 per day:
Plus Costs:
$138,444.98
$ 4,460.80
$ 349.20
$ 6.922.25
$150,177.23
$
$
Date: May 16, 2005
By
David R. Galloway
I.D. Number 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
,,"
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line oflands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D.P. Raffensperger, Registered Surveyor,
dated August 16,1962.
BEING the same premises which Kenneth W. Smith, an adult individual, t/d/b/a Blue Collar Auto
Sales by deed dated January 20,2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VAN/A)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
ClV/L ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANKlHARRlSBURG N.A., Plaintiff (s)
From KENNETH W. SMITH, INDIVIDUALL Y, AND KENNETH W. SMITH & SHARON L.
SMITH, HIW, AS TERRE-TENANTS
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARN/SHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L.L. $.50
Atty's Comm %
Atty Paid $145.44
Plaintiff Paid
Date: MAY 20, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
ProthO~
"-By: f2--J
tZ..2. 71(c-'Z/?/y. r-
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTSON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court 1D No. 87326
..
".
F\FILES\DAT AFILE\General\Curreml] 1412. l.afI3
Created: 5/9105 9:43AM
Revised: 5/17/05 0-20PM
11412,)
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO Pa, R.C.P. 3129.1
David R. Galloway, counsel for Plaintiff in the above action, sets forth, as of the date the
Praecipe for Writ of Execution was filed, the following informalion concerning the real property
located as described in the attached Legal Description:
L Name and address of owner(s) or reputed owner(s):
Name Address
Kenneth W. Smith and Sharon L. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
2. Name and address of Defendants in the Judgment:
Name Address
Kenneth W. Smith and Sharon L. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name
Commerce Bank/Harrisburg N.A.
Address
100 Senate Ave., Camp Hill, PA l7011
,.
4. Name and address of the last record holder of every mortgage of record:
Name J\ddress
a)
b)
c)
Commerce Bank/Harrisburg N.A.
Joseph J. Elwood
Automotive Finance Corporation
100 Senate Ave., Camp Hill, PA 17011
308 Croghan Drive, Carlisle, P A 17013
13085 Hamilton Crossing Blvd., Ste. 300,
Carmel, Indiana 46032
d)
Manheim's Pennsylvania's Auction
Services, Inc. d/b/a Manheim Auto
Auction
1190 Lancaster Road, Manheim, PA 17545
5. Name and address of every other person who has any record lien on the
property:
Name
Cumberland County Tax Claims Bureau
Address
I Courthouse Square, Carlisle, P A 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name
None.
Address
7. Name and address of every other person of whom Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Address
a)
Manheim Automotive Financial
Services, Inc.
1400 Lake Hearn Drive, Atlanta, GA 30319
b)
Automotive Finance Corp.
310 E. 96th Street, Ste.300, Indianapolis, IN
46240
c)
Judy Campbell, South Middleton
Township Tax Collector
520 Park Drive, Boiling Springs, PA 17007
d)
South Middleton Township
520 Park Drive, Boiling Springs, P A 17007
...
.
I verify the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand false statements herein are made subject to the
penalties of 18 Pa. C.S. 94909 relating to unsworn falsification to authorities.
F WILLIAMS & OTTO
Date: May 16, 2005
By
David R. Galloway
Attorney LD. No. 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
.
~
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid descripti!>n is based upon a survey made by D.P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises whichKenneth W. Smith, an adult individual, tldlb/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261 , Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
:;.;,..
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH
,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
.
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy ofthe foregoing Affidavit was served this date by depositing same
in the Post Office at Carlisle, P A, firsl class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, P A 17065
James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
By 'C:
David R. Galloway
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
F WILLIAMS & OTTO
Dated: May 16, 2005
FIFILESIDA T AFILEIGenerallCllITenll1 1412.1aff4
Created: 519105 949AM
Revised: 5/18/05 10:57AM
114121
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRlSBURG NA,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT
I, David R. Galloway, Esquire, counsel for Plaintiff in the above action, hereby certify that
written notice ofthe sale of real property together with a legal description of the track, was served
by regular mail at the addresses set forth in the Affidavit Pursuant to Pa. R.c.P. 3129.1, with the
return address of the Plaintiff appearing thereon, to the following:
I) Kenneth W. Smith and Sharon L. Smith, by and through their attorney James K.
Jones, Esquire;
2) Joseph J. Elwood;
3) Automotive Finance Corporation;
4) Manheim's Pennsylvania's Auction Services, Inc. d/b/a Manheim Auto Auction;
5) Manheim Automotive Financial Services, Inc.;
6) Automotive Finance Corp.;
7) Judy Campbell, South Middleton Tax Collector;
8) South Middleton Township; and
9) Cumberland County Tax Claim Bureau.
There is attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Form
38 1 7, confirming mailing of each of said persons or entities. A copy ofthe Notice of Sale together
with all legal descriptions, which was served upon each of the persons or entities named above is
attached hereto and marked as Exhibit "B."
Sworn to and subscribed before me
thiS~YOf 'yyf ,2005.
/l;~uz~ 6
Notary Public
NOTARIAL SEAl
VICTORIA L OTTO, NOTARY PUBLIC
CARLISLE BORO" CUMBERLAND COUNTY
MY CDMMISSIO. EXPIRES DEC. 2 2006
By
David R. Galloway, Esquire
MAY BE USED FOR DOMESTIC AND JNTERNAllONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
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U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL M"'IL, DOES NOT
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U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNA lIONAL- MAlL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
R'OIifSllN DEARDORFF WIWAMS & OTTO
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U.S. POSTAL SERVICE CERTIFIGATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
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Received From:
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MAYBE USED FOR DOMESTIC AND INTEANA TIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE POSTMASTER
Received From:
One piece of ordinary mail addressed to:
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
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F;IFlLESIDA TAFILEIGenerallCtlrrentl11412, 1 ,nol3
Created: 519/05 9:02AM
Revised: 5/17/05 0:14PM
1l412!
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
the
That the Sheriff's Sale of Real Property (Real Estate) will be held on September 7,2005, in
, CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time.
THE PROPERTIES TO BE SOLD are delinealed in detail in a legal description mainly
consisting of a statement ofthe measured boundaries oflhe property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
THE LOCATION ofthe property to be sold is:
a. 1208 Trindle Road, Carlisle, Pennsylvania 17013
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO.
04-6344 Civil Term, Cumberland County C.c.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES
ARE:
a. Kenneth W. Smith and Sharon L. Smith, 304 Sand Bank Road, Mt. Holly Springs,
Pennsylvania 17065
EXHIBIT "B"
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds ofthe sale received and
to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of
Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against
you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have
legal rights to prevent your property from being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3
David R. Galloway,
MARTSON DEARDORFF WILLIAMS & OTTO
LD. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
;
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy ofthe foregoing Affidavit was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, P A 17065
James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
Dated: May 16, 2005
. F:IFlLESIDA T AFILE\Gen~raIICurremll 1412. 1 ,nolJ
Created: 5/9/05902AM
Revised: 5/17105 2,14PM
1)4121
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
1. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
the
That the Sheriffs Sale of Real Property (Real Estate) will be held on September 7, 2005, in
, CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time.
THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly
consisting of a statement ofthe measured boundaries ofthe property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
THE LOCATION ofthe property to be sold is:
a. 1208 Trindle Road, Carlisle, Pennsylvania 17013
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO.
04-6344 Civil Term, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES
ARE:
a. Kenneth W. Smith and Sharon 1. Smith, 304 Sand Bank Road, Mt. Holly Springs,
Pennsylvania 17065
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution ofthe
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days ofthe date it is filed. Information about the Schedule of
Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against
you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have
legal rights to prevent your property from being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
David R. Galloway, Esq
MARTS ON DEARDORFF WILL MS & OTTO
LD. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
.
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D.P. Raffensperger, Registered Surveyo~,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, tld/b/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon 1. Smith, husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON 1. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
(1
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which RSJ Partners II L P is the grantee the same having been sold to said grantee
on the 7th day of September AD., 2005, under and by virtue of a writ Execution issued on the 20th day
of May, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number
6344, at the suit of Commerce Bk/Hbg N A against Kenneth W Smith & Sharon L is duly recorded in
Sheriffs Deed Book No. 271, Page 2450
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this I Z day of O<!f-, AD. 20c) S
~~U}- fJ ~L4- ( f.na_ 1':: ~
U ,. I Recorder of Deeds
Recorder of Oeeda, CumbertIlnd County, CarlIIle, PA
My Commi&aion Elq:lil'88 the Fnt Monday 01 JIln. 2001
Commerce Bank/Harrisburg N.A
VS
Kenneth W. Smith and Sharon L.
Smith
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-6344 Civil Term
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on June 24, 2005 at 3:19 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendants, to wit: Kenneth W. Smith and Sharon L. Smith, by making
known unto Sharon Smith, personally and wife of Kenneth Smith, at 304 Sandbank Road,
Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time
handing to her personally the said true and correct copy of the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on July 12,2005 at 4:23 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Kenneth W. Smith and Sharon L. Smith, located at 1208 Trindle Road, Carlisle,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Kenneth W. Smith and Sharon L. Smith, by regular mail to their last
known address of 304 Sandbank Road, Mt. Holly Springs, P A 17065. These letters were
mailed under the date of July 05, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 7,2005 at 10:00 o'clock A.M. He sold the same for
the sum of $231 ,000.00 to John Leidy for RSJ Partners, II, L.P. It being the highest bid
and best price received for the same, RSJ Partners, II, L.P. of 1912-30 Paxton Street,
Harrisburg, PA 17104 being the buyer in this execution, paid to SheriffR. Thomas Kline
the sum of $240,710.40.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
$30.00
4,620.00
15.00
15.00
30.00
10.00
.50
1.00
8.80
3.61
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
15.00
30.00
383.00
287.81
18.20
25.00
39.50
$ 5,532.42
Sworn and subscribed to before me
2005, AD.
;~%~.,</~
R. Thomas Kline, Sheriff
I
BY' 6
Real Estate 1./ rgeant
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F._\FlLES\DA T AfILE\Gcneral\Current\\ 1412_ \ aID
Created 5/9/05 9:43AM
Revised: 5117/05 IUOPM
11412 ]
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, H/W, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
David R. Galloway, counsel for Plaintiff in the above action, sets forth, as of the date the
Praecipe for Writ of Execution was filed, the following information concerning the real property
located as described in the attached Legal Description:
1. Name and address of owner(s) or reputed owner(s):
Name Address
Kenneth W. Smith and Sharon L. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
2. Name and address of Defendants in the Judgment:
Name Address
Kenneth W. Smith and Sharon L. Smith
304 Sandbank Road, Mt. Holly Springs,
Pennsylvania 17065
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Name
Commerce BanklHarrisburg N.A.
Address
100 Senate Ave., Camp Hill, P A 17011
4. Name and address of the last record holder of every mortgage of record:
Name Address
a)
b)
c)
Commerce Bank/Harrisburg N.A
Joseph J. Elwood
Automotive Finance Corporation
100 Senate Ave., Camp Hill, P A 17011
308 Croghan Drive, Carlisle, P A 17013
13085 Hamilton Crossing Blvd., Ste. 300,
Carmel, Indiana 46032
d)
Manheim's Pennsylvania's Auction
Services, Inc. d/b/a Manheim Auto
Auction
1190 Lancaster Road, Manheim, PA 17545
5. Name and address of every other person who has any record lien on the
property:
Name
Cumberland County Tax Claims Bureau
Address
1 Courthouse Square, Carlisle, P A 17013
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name Address
None.
7. Name and address of every other person of whom Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Address
a)
Manheim Automotive Financial
Services, Inc.
1400 Lake Hearn Drive, Atlanta, GA 30319
b)
Automotive Finance Corp.
310 E. 96th Street, Ste.300, Indianapolis, IN
46240
c)
Judy Campbell, South Middleton
Township Tax Collector
520 Park Drive, Boiling Springs, P A 17007
d)
South Middleton Township
520 Park Drive, Boiling Springs, P A 17007
'.
I verify the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand false statements herein are made subject to the
penalties of 18 Pa. c.s. 94909 relating to unsworn falsification to authorities.
ld R. Gallo
Attorney J.D. No. 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: May 16, 2005
#
WRIT NO. 04-6344
LEGAL DESCRIPTION
1208 Trindle Road, Carlisle, Pennsylvania 17013
TRACT:
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.8l feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid descripti~m is based upon a survey made by D.P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, t/dIb/a Blue Collar Auto
Sales by deed dated January 20,2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261 , Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
>'.:;->t!
TO BE SOLD AS-THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
. -.
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of MARTS ON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy ofthe foregoing Affidavit was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Mr. Kenneth W. Smith
Mrs. Sharon Smith
304 Sandbank Road
Mt. Holly Springs, P A 17065
James K. Jones, Esquire
7 Irvine Row
Carlisle, P A 17013
MARTSON ~E~O'\fr.~lL~IAMS & OTTO
BY??~
David R. Galloway V
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 16, 2005
'F:\FILESIDA T AFILE\Genera1\Current\ 11412.1not3
'Created 5/9/05 9:02AM
Revised: 5/20/05 2: 55PM
11412.1
David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
COMMERCE BANK/HARRISBURG N.A, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-6344
CIVIL
KENNETH W. SMITH, Individually, and
KENNETH W. SMITH & SHARON
L. SMITH, HIW, as Terre-Tenants,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
the
That the Sheriffs Sale of Real Property (Real Estate) will be held on September 7, 2005, in
, CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time.
THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land. (SEE LEGAL
DESCRIPTION ATTACHED).
THE LOCATION of the property to be sold is:
a. 1208 Trindle Road, Carlisle, Pennsylvania 17013
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO.
04-6344 Civil Term, Cumberland County C.C.P., Pennsylvania.
~
'::1
'-9
\'::-~ ARE:
c:;g
~
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THESE PROPERTIES
a. Kenneth W. Smith and Sharon L. Smith, 304 Sand Bank Road, Mt. Holly Springs,
Pennsylvania 17065
i
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part ofthe proceeds ofthe sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution ofthe
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days ofthe date it is filed. Information about the Schedule of
Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTIES OR PROPERTY RIGHTS. It has been issued because there iS,a Judgment against
you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have
legal rights to prevent your property from being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT \-\THERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Dav' . allo quire
MARTS ON DEARDORFF
LD. 87326
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
i
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT:
1208 Trindle Road, Carlisle, Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly known as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid descripti~m is based upon a survey made byD.P. Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, t/d/b/a Blue Collar Auto
Sales by deed dated January 20, 2004, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 261, Page 2302, granted and conveyed unto
Kenneth W. Smith and Sharon L. Smith, husband and wife.
.:;~>Jt
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
05/15/2005 12:04
71 72431807
HDWO
PAGE 02/05
.
.
WRIT NO. 04-6344
LEGAL DESCRIPTION
TRACT: 1208 TrindleRoad, Carlisle9 South Middleton Township, Cumberland County,
Pennsylvania 17013
BEGINNING at a point marked by a stake at the intersection of the southern right-of-way line of
Pennsylvania Route 641, commonly knO'Wll as the Trindle Road, and the eastern right-of-way line
for the limited access leading to Interstate Route No. 81; thence along the southern right-of-way line
of the Trindle Road, South 86 degrees 45 minutes 36 seconds East, a distance of 185.78 feet to a
point marked by a stake in line of lands now or formerly of William A. Blacksmith.; thence along
lands now or formerly of William A. Blacksmith, South 51 degrees 2 minutes 24 seconds West, a
distance of250.81 feet to a point in the eastern right-of-way line for limited access; thence along the
eastern right-of-way line for limited access, North 3 degrees 14 minutes 24 seconds East, a distance
of 168.54 feet to a point marked by a stake, the Place of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey made by D.? Raffensperger, Registered Surveyor,
dated August 16, 1962.
BEING the same premises which Kenneth W. Smith, an adult individual, tJdIb/a Blue Collar Auto
Sales by deed dated January 20,2004, and recorded in tqe Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania)n Record Book 261, Page 2302, granted and conveyed unto
Kermeth W. Smith and Sharon L. Smith. husband and wife.
TO BE SOLD AS THE PROPERTY OF KENNETH W. SMITH AND SHARON L. SMITH,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM
TAX PARCEL:
40-22-0119-001
WRIT OF EXECUT,lON ~n"d!or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6344 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANKJHARRISBURG N.A., Plaintiff (s)
From KENNETH W. SMITH, INDIVIDUALLY, AND KENNETH W. SMITH & SHARON L.
SMITH, H/W, AS TERRE-TENANTS
(I) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant( s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 $150,177.23
Interest FROM 2/8/05 AT $27.88 PER DAY
L.L. $.50
Atty's Corom %
Due Prothy $1.00
Other Costs
Atty Paid $145.44
Plaintiff Paid
Date: MAY 20, 2005
CURTIS R. LONG
(Seal)
Proth7~
~ Y). (l
,[}. ~A'/?-<r.,,_)
Deputy
REQUESTING PARTY:
Name DAVID R. GALLOWAY, ESQUIRE
Address: MARTS ON DEARDORFF WILLIAMS & OTTO
TEN EAST HIGH STREET
CARLISLE, P A 17013-3093
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 87326
Real Estate Sale #70
On June 16, 2005 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, P A
Known and numbered as 1208 Trindle Road,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 16, 2005
BY:06(0jJ~
Real Estate Deputy
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.
SCHEDULE OF DISTRIBUTION
SALE NO. 70
Date Filed: October 7, 2005
Writ No. 2004-6344 Civil Term
Commerce BanklHarrisburg N.A
VS
Kenneth W. Smith and Sharon L. Smith
1208 Trindle Road
Carlisle, P A 17013
Sale Date:
Buyer:
Bid Price:
September 7,2005
John Leidy for RSJ Partners, II, L.P.
$231,000.00
Real Debt:
Interest:
Attorney Costs:
$150,177.23
5,882.68
145.44
Total:
$156,205.35
DISTRIBUTION:
Receipts:
Cash on account (06/16/2005):
Cash on account (09/07/2005):
Cash on account (09/21/2005):
$ 1,500.00
23,100.00
217,610.40
Total Receipts:
$242,210.40
.
Disbursements:
Sheriffs Costs
Legal Search
State Transfer Tax
Local Transfer Tax
Cumberland County Tax Claim Bureau
Judy Campbell, Tax Collector
Martson, Deardorff, Williams & Otto
Commerce Bank/Harrisburg N.A
(Writ No. 2004-6344)
Commerce Bank/Harrisburg N.A
Manheim's Pennsylvania Auction
Service, Inc.
Total Disbursements:
Balance for distribution:
So Answers:
r~~
R. Thomas Kline
Sheriff
$ 5,532.42
200.00
2,445.20
2,445.20
7,550.26
3,259.83
1,500.00
156,205.35
43,055.72
20,016.42
(242,210.40)
0.00
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITIING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 70
Held Wednesday, September 7, 2005
Date: September 7, 2005
TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year
2005.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2005, and recorded
,2005, in Cumberland County Deed Book ,Page
RECIT AL: Being the same premises which Kenneth W. Smith, t/a/d/b as Blue Collar Auto
Sales, by deed dated January 20, 2004 and recorded January 29, 2004 in the Office of the
Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 261,
Page 2302, granted and conveyed to Kenneth W. Smith and Sharon L. Smith, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of P A Route No. 641, known as the Trindle
Road.
.'
6. Mortgage in the amount of $152,000.00 given Kenneth W. Smith to Commerce
Bank/Harrisburg N.A dated March 28,2002, recorded April 9, 2002 in Mortgage
Book 1754, Page 4742.
Complaint in mortgage foreclosure filed by Commerce Bank/Harrisburg N.A., as
Plaintiff against Kenneth W. Smith and Sharon L. Smith as Defendant on December
17, 2004, in the Office of the Prothonotary of Cumberland County to File No. 2004-
6344. Judgment in the amount of $150,177.23 entered February 8, 2005.
7. Mortgage in the amount of $35,000.00 given Kenneth W. Smith and Sharon L. Smith
to Commerce Bank/Harrisburg N.A dated January 29, 2004 recorded March 2,2004
in Mortgage Book 1855, Page 3684.
8. Mortgage in the amount of $21,828.00 given by Kenneth W. Smith and Blue Collar
Auto Sales to Manheim's Pennsylvania Auction Service, Inc., dated September 22,
2004 recorded October 1,2004, in Mortgage Book 1882, Page 3532.
9. Mortgage in the amount of $34,000.00 given by Kenneth W. Smith and Sharon L.
Smith to Automotive Finance Corp., dated October 5, 2004 and recorded October 5,
2004, in Mortgage Book 1883, Page 1320.
10. Mortgage in the amount of $8,000.00 given by Kenneth W. Smith, Sharon L. Smith
and Blue Collar Auto Sales to Joseph J. Elwood dated October 12,2004 recorded
November 3,2004 in Mortgage Book 1886, Page 3603.
11. Delinquent real estate taxes turned over to the Cumberland County Tax Claim B
Bureau.
12. Confession of Judgment entered by PNC Bank, N.A. as Plaintiff against Kenneth
Smith, Blue Collar Auto Sales, and Sharon L. Smith as Defendants on August 20,
2004 to File No. 2004-4158 in the amount of $8,539.62.
13. Public and private rights in the roadbed on Interstate Route No. 81. No right of
access is covered by this report.
14. Rights granted to United Telephone Company of Pennsylvania by instrument
recorded in Miscellaneous Record Book 216, Page 856.
15. Rights granted to United Telephone Company of Pennsylvania by instrument
recorded June 3, 1971 in Miscellaneous Record Book 194, Page 848.
16. Rights granted to Metropolitan Edison Company by instrument recorded September
7, 1971 in Miscellaneous Record Book 195, Page 738.
17. Building conditions, easements, and restrictions as shown on or set forth on the Plan
of Fairfield recorded in Plan Book 2, Page 80.
18. Satisfactory evidence to be produced proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriffs Sale.
19. Real estate taxes accruing on and after January 1,2006 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search heen made for environmental NSJ.onrt.
Robert G. Frey, Agent
Note: This Title Report shall not be valid 0
until countersigned by an authorized signat
REAL ESTATE SALE NO. 70
Writ No. 2004-6344 Civil
Commerce Bank/Harrisburg. N.A.
vs.
Kenneth W. Smith and
Sharon L. Smith
Atty.: David Galloway
LEGAL DESCRIPTION
TRACf: 1208 Toodle Road. Car-
lisle. South Middleton Township.
Cumberland County. Pennsylvania
17013.
BEGINNING at a point marked
by a stake at the Intersection of the
southern right-of-way line of Penn-
. sylvania Route 641. commonly known
as the Toodle Road, and the east-
ern right-of-way line for the limited
access leading to Interstate Route
No. 81; thence along the southern
right-of-way line of the Trlndle
Road. South 86 degrees 45 minutes
36 seconds East. a, distance of
185.78 feet to a point marked by a
stake in line of lands now or for-
merly of William A. Blacksmith;
thence along lands now or formerly
of William A. Blacksmith, South 51
degrees 2 minutes 24 seconds
West. a distance of 250.81 feet to a
point In the eastern right-of-way line
for limited access; thence along the
eastern right-of-way line for limited
access, North 3 degrees 14 minutes
24 seconds East. a distance of
168.54 feet to a point marked by a
stake. the Place of Beginning.
HAVING thereon erected a one-
story building.
The aforesaid description is based
upon a survey made by D.P. Raffens-
perger. Registered Surveyor. dated
August 16. 1962.
BEING the same premises which
Kenneth W. Smith. an adult individ-
ual. t/d/b/a Blue Collar Auto Sales
by deed dated January 20. 2004.
and recorded in the Office of the
Recorder of Deeds In and for Cum-
berland County. Pennsylvania in
Record Book 261. Page 2302. grant-
ed and conveyed unto Kenneth W.
Smith and Sharon L. Smith. hus-
band and wife.
TO BE SOLD AS'l1HE PROP-
ERTY OF KENNE1H W. SMITH AND
SHARON L. SMITH, HUSBAND AND
WIFE. ON JUDGMENr ENTERED AT
THE ABOVE NUMBER AND TERM.
TAX PARCEL: 40-22-0119-001.
. r". ,.,
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
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth ofPeIlllsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State ofPeIlllsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd
day(s) of August 2005. That neither he 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 he 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 Miscellan s Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
S ALE #70
..
..
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
287.81
REAL ESTATE SALE No. 70
Writ No. 2004-6344
Civil Tenn
Commerce Bank I
Harrisburg NA
Vs
Kenneth W. Smith
and Sharon L. Smith
Atty: David Galloway
DESCRIPTION
BEGINNING at a point IIIllrked by a stake at the
intersection of the southern right-of-way line of
Pennsylvania Route ~ 1<, commonly known as
Trindle Road, and the eastern right-of-way line for
the Jinlited access leading to Interstate Route No.
81; thence along the southern right-of-way line of
the Trindle Road, South 86 degrees 45 minutes 36
seconds East, a distance of 185.78 feet to a point
malted by a stake in line of 1ands now or foonerly
of William A. Blacksmith; thence along 1ands now
or formerly of William A. Blacksmith, South 51
degrees 2 minutes 24 seconds West, a distance of
250.81 feet to a point in the eastern right-of-way
line for limited access; thence along the eastern
right-of-way line for limited access, North 3
degrees 14 minutes 24 seconds East, a distance of
168 54 feet to a point malted by a stake, the Place
of Beginning.
HAVING thereon erected a one-story building.
The aforesaid description is based upon a survey
made by DP. Raffensperger. Registered Surveyor,
datedAugust 16,1962.
BEING the same premises whicb Kenneth W.
Smith, an adult individual, tJdlbla Blue Collilr
Auto Sales by deed dated JaDuary 20, 2004, and
recorded in the Office of the Recorder of Deeds in
and for CumberI.and County, Pennsylvania, in
Record Book 261, Page 2302, granted and
conveyed unto Kenneth W. Smith and Sharon L.
Smith,husbandand wife.
1'0 BE SOLD AS the property of Kenneth w.
Smith and Sharon L. Smith, husband and wife, on
judgment entered at the above number and term.
Thx Parcel: 4O-22~1I9.(J()1.
PREMISES: 1208 Trindle Road, Carlisle, South
Middleton Township, Cumberland County, PA
17013.
..
.
..
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
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:
July 15, 22, 29, 2005
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.
itor
SW TO AND SUBSCRIBED before me this
29 day of July, 2005
IAL SEAL
LOIS E. SNYDER, Notary Public
Car~sle Boro, Cumberland County
My Commission Expires March 5. 2009
REAL ESTATE SALE NO. 70
Writ No. 2004-6344 Civil
Commerce Bank/Harrisburg, N.A.
vs.
Kenneth W. Smith and
Sharon L. Smith
Atty.: David Galloway
LEGAL DESCRIPTION
TRACT: 1208 Trind1e Road, Car-
lisle, South Middleton Township,
Cumberland County, Pennsylvania
17013.
BEGINNING at a point marked
by a stake at the intersection of the
southem right-of-way line of Penn-
sylvania Route 641. commonly known
as the Trindle Road. and the east-
em right-of-way line for the limited
access leading to Interstate Route
No. 81; thence along the southem
right-of-way line of the Trindle
Road, South 86 degrees 45 minutes
36 seconds East, a distance of
185.78 feet to a point marked by a
stake in line of lands now or for-
merly of William A. Blacksmith;
thence along lands now or formerly
of William A. Blacksmith, South 51
degrees 2 minutes 24 seconds
West, a distance of 250.81 feet to a
point in the eastem right-of-way line
for limited access; thence along the
eastem right-of-way line for limited
access, North 3 degrees 14 minutes
24 seconds East, a distance of
168.54 feet to a point marked by a
stake. the Place of Beginning.
HAVING thereon erected a one-
story building.
The aforesaid description is based
upon a survey made by D.P. Raffens-
perger, Registered Surveyor, dated
August 16, 1962.
BEING the same premises which
Kenneth W. Smith, an adult individ-
ual, t/d/b/a Blue Collar Auto Sales
by deed dated January 20. 2004,
and recorded in the Office of the
Recorder of Deeds in and for Cum-
berland County. Pennsylvania in
Record Book 261, Page 2302, grant-
ed and conveyed unto Kenneth W.
Smith and Sharon L. Smith, hus-
band and wife.
TO BE SOLD AS THE PROP-
ERTY OF KENNETH W. SMITH AND
SHARON L. SMITH, HUSBAND AND
WIFE, ON JUDGMENT ENTERED AT
THE ABOVE NUMBER AND TERM.
TAX PARCEL: 40-22-0119-001.
.
~
ASSIGNMENT OF BID
THIS ASSIGNMENT OF BID is made as of this ~J $Tday of September, 2005, is
made by and between JOHN C. LEIDY, an adult individual and RSJ PARTNERS, II, L.P., a
Pennsylvania Limited Partnership,
WHEREAS, on September 7, 2005, John C. Leidy, ("Assignor") successfully bid at
Sheriff Sale on property located at 1208 Trindle Road, Carlisle, Pennsylvania 17013,
("Property"); and
17013.
WHEREAS, Assignor wishes to assign all interests in said Property and rights arising
through the Sheriffs Sale to RSJ Partners, II, L.P., ("Assignee").
NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) paid by
Assignee to Assignor at the time of the execution hereof, the receipt and sufficiency which is
hereby acknowledged, the parties intending to be legally bound, do hereby agree as follows:
1. Assignor does hereby grant, bargain, sell, assign, transfer and set over unto
Assignee, his heirs, executors, administrators and assigns all rights of Assignor under the
Sheriffs Sale hereinbefore identified and all of Assignor's right, title and interest in and to the
same.
2. Assignor does furthermore assign, grant, bargain, sell, assign and transfer and set
over unto Assignee, his heirs, executors, administrators and assigns, all rights of Assignor under
the aforesaid successful Sheriff Sale bid issued thereon by entitling Assignor to receive Sheriffs
Deed for the properties hereinbefore identified at 1208 Trindle Road, Carlisle, Pennsylvania
3. In the event there would be an objection in any manner or form to said Sheriffs
Sale, Assignor will assume any and all costs therefore and, in the event the Sheriff s Deed is not
timely forthcoming for said properties to Assignor, this Assignment shall terminate and any and
,
r
all consideration therefore paid by Assignee to Assignor shall be returned, whereupon the parties
shall have no further duty or obligation of one to the other by reason of this Assignment.
4. Other than as set forth herein, there exists no warranty, representations or
guaranties regarding the subject properties, subject to the various Mortgages hereinbefore
identified and Assignee accepts this Assignment with regard to the properties being without any
such warranty or guaranty but, "as-is where-is".
5. This Assignor will execute any and all other documents and instruments required
to effectuate its obligations hereunder as may be reasonably requested from Assignee from time
to time, if any.
IN WITNESS WHEREOF, Assignor has signed this Assignment as of the day and year
first above written.
~ '
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RSJ PARTNERS, II, L.P., Assignee , "'-1 ~,~
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