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HomeMy WebLinkAbout13-3952 Supreme Courof ;Pennsylvania Cour'-t of, Pica s For Prothonotary Use Only: 1 , 0.01- Cover,�Sheet Docket No: isc , u CUMBERLAN `� - ,,. Vi County /3 - 3q �oi ��l term The in formation collected olr this form is use solely for court administration purposes. This form does not steppleinent or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons Petition 0 E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: INTEGRITY BANK SETH B. HUGHES T Are money damages requested? 0 Yes 0 X No Dollar Amount Requested: El within arbitration limits I (check one) Ox outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: CLAYTON W DAVIDSON 0 Check here if you have no attorney (area Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS [] Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections (] Nuisance 0 Dept. of Transportation E l Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel! Defamation Discrimination 0 C Other: Employment Dispute: Other 0 Zoning Board T Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES [_'. Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Q [] Ejectment 0 Common Law /Statutory Arbitration B _ Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent f7l Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin Legal 0 Quiet Title 0 Other: Medical 0 Other: 0 Other Professional: Updated 1/1/2011 Clayton W. Davidson � i1 ' V~ P RG 1✓ �� 1. r� . PA Attorney I.D. No. 79139 j O 100 Pine Street - P.O. Box 1166 AH 11: C, 9 Harrisburg, PA 17108 -1166 CUMBERLAiio (717) 260 -1678 (Direct Fax) �EfiPSl'I,V11Q (717) 232 -8000 (Phone) cdavidsonkmwn.com Attorneys for Integrity Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. )3- Zg5A aivl SETH B. HUGHES, CIVIL ACTION - LAW Defendant 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 objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBI E PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Q io3.►�� P O ATN �� aga9aq AVIUO USTED HA SIDO DEMANDADO /A�XN CORTE. Si usted desea defenderse de las demandas que se presentan, mds adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como. se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso ad_ icional. Usted puede perder diriero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DO.CUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO; ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidsonAmwn.com Attorneys for Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. SETH B. HUGHES, CIVIL ACTION -LAW Defendant MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Integrity Bank, by and through its undersigned counsel, hereby files this Complaint in Mortgage Foreclosure pursuant to Pa.R.C.P. No. 1141, et seq., and in support thereof avers the following: 1. Plaintiff, Integrity Bank, is a Pennsylvania banking institution with its principal place of business at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant, Seth B. Hughes (the "Borrower "), is an adult individual with a last known address of 14 Cardinal Drive, Carlisle, PA 17013 -4309. 3. This Court has jurisdiction over this matter this matter pursuant to 42 Pa.C.S.A. § 931(a). 4. This Court is the proper venue for this matter pursuant to 42 Pa.C.S.A. § 931(c) and Pa.R.C.P. No. 11142 because the real property in question is located in Cumberland County, Pennsylvania. 5. On December 30, 2011, the Bank made a loan to the Borrower in the principal amount of $248,484.67 (the "Loan ") for a business purpose as evidenced a Promissory Note (the "Note ") executed and delivered by the Borrower in favor of the Bank. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 6. On December 30, 2011, to secure the payments due under the Note, Borrower executed and delivered to the Bank a mortgage (the "Mortgage ") against certain real property located at 1110 Shannon Lane, Borough of Carlisle, Pennsylvania (Parcel ID #05 -19- 1647 -231) (the "Mortgaged Property "), which was recorded in the Cumberland County Recorder of Deeds Office on January 19, 2012 in Instrument No. 201201920. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Mortgage. 7. On April 30, 2013, Borrower filed an involuntary Chapter 7 bankruptcy case in the United States Bankruptcy Court for the Eastern District of Pennsylvania (the "Bankruptcy Case "). 8. On June 19, 2013, the Bank filed a Motion for Relief from the Automatic Stay in the Bankruptcy Case and on June 20, 2013, an Order Granting the Motion of Relief from the Automatic Stay (the "Order ") was entered on the docket in the Bankruptcy Case. Attached hereto as Exhibit C and incorporated herein by reference is a true and correct copy of the Order. 9. Borrower has defaulted under the Note by failing to make payments due and owing thereunder since on or before January 30, 2013. 10. The amounts due under the Note and the Mortgage have been accelerated as a result of the payment defaults by the Borrower and as of July 1, 2013, the amounts due and owing thereunder are itemized as follows: Principal: $244,971.44 Interest $6,846.51 Late Fees $724.73 TOTAL: $252,542.68* *along with additional interest accruing after July 1, 2013 at the per diem rate of $37.426192222, costs and additional reasonable attorneys' fees for collection as allowed by law, until all sums are paid in full (the "Indebtedness "). 11. Judgment has not been entered on the Mortgage in any jurisdiction. 12. The Note and Mortgage have not been assigned and are still held by Bank. 13. The Mortgage is not a residential mortgage for purposes of sections 403 and 404 of the Act of January 30, 1974 (P.L. 13, No. 6), 41 P. S. 101 et seq. 14. Pursuant to Pa.R.C.P. No. 1019(h), this action is based upon a breach of the written Mortgage. 15. Defendant is an adult individual over the age of eighteen (18) and is not subject to the protection of the provisions of the Servicemembers Civil Relief Act, f /k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq., as amended. 16. Plaintiff demands judgment against Defendant in mortgage foreclosure for the Indebtedness so Plaintiff may sell the Mortgaged Property in an attempt to satisfy the Indebtedness. WHEREFORE, Plaintiff, Integrity Bank, demands judgment in mortgage foreclosure against Seth B Hughes, in the amount of $252,542.68 along with interest accruing after July 1, 2013 at the per diem rate of $37.426192222, costs and additional reasonable attorneys' fees for collection as allowed by law, until the Indebtedness is paid in full. McNEES WALLACE & NURICK LLC Date: July 8, 2013 By: Clayton W. D idson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidsonAmwn.com Attorneys for Integrity Bank VERIFICATION I, John Z. Havas, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. ohn Z. avas, Vice President 1 ' III ✓ � PROMISSORY NOTE n... ..:_,..... • ,�.y .arm ., Vx .. .,• ,.,,,. ; ..n ...:. ... ........... ... .. . ,.; �: •..: ::•!v'.:.:v. .. .: a, :. vn , . :. ..: ...a........... \..v........... .. ... ::aV.n :UU::.u.J..t ,n ri.H Fi vn. mwnwmvnnaw.v:xnvv ' "' }y (� ....: ... ..,. . yy y�.. 4::. . #,y �.•:::: r.. ...nUv :. :nv,, . �:��: :: ..... .X1�{i A. ��. nxn. ...�.�...+7.V.�A6.IlF.�.�:.... {I.Q�V�....,Q�i'dF.:. w :. ..,.r:nrcnn,,:w:n,":.an .. n...".., vn:•: :.;..n....v.::.:,::.::.n':..::. •: References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. An item above containen " "` "" has been omitted due to text len th limitations. Borrower: Seth 8 Hughes Lender Integrity Bank 14 Cardinal Drive Camp Hill Office Carlisle, PA 170134309 3345 Market Street Camp Hill, PA 17011 (717) 920 -4900 Principal Amount: $248,484.67 Date of Note: December 30, 2011 PROMISE TO PAY. Seth B Hughes ( "Borrower ") promises to pay to Integrity Bank ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Two Hundred Forty -eight Thousand Four Hundred Eighty -four 8 671100 Dollars ($248,484.67), together with Interest on the unpaid principal balance from December 30, 2011, until paid In full. PAYMENT. Borrower will pay this loan in one principal payment of $248,484.67 plus Interest on June 30, 2012. This payment due on June 30, 2012, will be for all principal and all accrued Interest not yet paid. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning January 30, 2012, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the Interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest ". The New York Prime Rate of Interest is an Index, and loans of the Bank may be established at, above or below the Index. The New York Prime Rate of Interest Is not necessarily the Bank's lowest rate of Interest. The interest rate shall float at New York Prime (the "Index "), The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 1.000 percentage point over the Index, adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an Initial rate of 5.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the Interest rate on this Note be less than 5.500% per annum or more than the maximum rate allowed by applicable taw. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid In full ", "without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Integrity Bank, 3314 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be Increased by adding an additional 5.000 percentage point margin ( "Default Rate Margin "). The Default Rate Margin shall also apply to each succeeding Interest rate change that would have applied had there been no default. if judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT, Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults, Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note 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 Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults 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 Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note 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. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower'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 Borrower. 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 Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower 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 ti.,. IN... PROMISSORY NOTE (Continued) Page 2 reserve or bond for the dispute. 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 evidenced by this Note. Adverse Change. A material adverse change occurs In Borrowers financial condition, or Lender believes the prospect of payment or performance of this Note Is impaired. Insecurity. Lender in good faith believes Itself Insecure. Cure Provisions. If any default, other than a default in payment Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) If the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay, Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lenders reasonable attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, Including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $29.00 if Borrower makes a payment on Borrowers loan and the check or preauthorized Charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is seared by Real Property located at 1110 Shannon Lane, Carlisle, PA 17013. CALL OPTION, The Bank shall have a call option which may be exercised to be effective on each fifth anniversary of the date of dosing, subject to ninety (90) days advance written notice to Borrower advising the Bank's election to call the obligation due. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CROSS COLLATERALIZED /CROSS DEFAULT. This loan also secures payment and performance of all other loans to Borrower or any guarantor, The word "Guarantor" means any guarantor, surety or accomondation party of any or all of the Loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. if any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fall to realize upon or perfect Lenders security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WiTH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVE UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED IN TRUME A ORDING TO LAW. BORRO R: X '" trt Seal) Se . ughes Signed, ac ed and delivered In the presence of: X Wltnes_s -' X Wi LENDER: IN 1 K X ohn He Senior Com c l Lender IA PAo L.WkV. V.. 5.59.00.005 Cep. fL~ FYWd91 eAM9m. In0.1992. 2011. AS Rigm f.—. •PA KYENDIN6'GFK!'U0]9.FG TA4M PA45 I r 1 0 J6T Parcel identification Number: 05-19 4647 -231 RECORDATION REQUESTED BY: integrity Bank Camp Hill Office 3345 Market Street Camp Hill, PA 17011 WHEN RECORDED MAiL TO: Integrity Bank Camp Hit Office 3345 Market Street Camp Hill, PA 17011 SEND TAX NOTICES TO: Integrity Bank Camp HUI Office 3345 Market Sheet Camp Hill PA 1,j011 FOR RECORDER'S_USE ONLY CONSTRUCTION MORTGAGE Amount Secured Hereby: $248,484.87 THIS MORTGAGE dated December 30, 2011, is made and executed between Seth 8 Hughes, whose address Is 14 Cardinal Drive, Carlisle, PA 170134309 (referred to below as "Grantor") and Integrity Bank, whose address is 3345 Market Street, 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, allays, 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 rasped thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real prop s, Including without limitation all minerals, oil, geothermal and slmuar mattere, {the "Real Property's located in Cumberland County, Commonweal of Pennsyhrania: See the exhibit or other description document 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 1110 Shannon Lane, Carlisle, PA 17013. The Real Property parcel Identification number Is 05- 19- 1647.231. CROSS- COLLATERALIZATION, In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unllquidated, whether Grantor may be liable Individually or jointly with others, whether obligated as guarantor, surety, accormwdatlon party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all o' 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 ISECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $248,484.67, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND et f it t MORTGAGE (Continued) Page 2 THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO SE AN EVENT OF DEFAULT UNDER THIS MORTGAGE, THIS MORTGAGE 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lander all amounts secured by -this Mortgage es they become due and shall strictly perform all of Grentoes obligations under this Mortgage. CONSTRUCTION MORTGAGE, This Mortgage Is a "oonstruction mortgage' for the purposes of Sections 9 -334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Commonwealth of Pennsylvania. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantors 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 menage 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, replacemente, and maintenance necessary to preserve Its value. Compliance With Enviromrental 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 aGvwuAedged 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 Properly to make such Inspections and tests, at Grantor's expense, as Lender may doom 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 shalt not be construed to create arty 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, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section. of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest in the Property, whether or riot the some was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to Indemnify and defend, shalt survive the payment of the Indebtedness and the satisfaction and reconveyance of the Ilan of this Mortgage and shall not be effected 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 nulsance nor commit, permit, or suffer any stripping of or waste - on or to the Property or any portion of the Property. Without Ilmhing 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 Rest Property without Lenders 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 Erdw. Lender end 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 brentoes compliance with the terms and conditions of this Mortgage. Compliance with Governmental Rsqulrsmants. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hemafier in effect, of all governmental authorities applicable to the use or occupancy of the Pr arty, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith arty such law ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, MORTGAGE (Continued) Pape 3 so long as Grantor has notified Lender In wilting prior to doing so and so long as, In Lender's soh opinion. Landers interests In. the Property are not Jeopardized. Linder 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 or leave unattended the Property. Grantor shell do all other acts, in addition to time 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. CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to constrict or complete construction of any Improvements on the Property. the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses In connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the Interest created by this Mortgage shall have priority over all possible liens, Including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by reoelpted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment Grantor shag pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes. assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due ail claims for work done an or for services rendered or material fumished to the Property. Grantor shag maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens sWtflceily 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 Landers Interest In the Property is not jeopardized. If a Non arises or Is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or. If a Ilan 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 sufficent corporate surety bond or other security satisfactory to Lender in an amount sufficlent to discharge the lien plus any costs and reasonable attomeys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. in any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evideros 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 shell notify Lender at least fifteen (16) days before any work is commenced, any services are famished, or any materiels are supplied to the Property, if any mechanlda lien, matarlalmen's lien, or other Han could be asserted on account of the work, services, or materials and the cost exceeds $1,000.00. Grantor will upon request of Lender fumish 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 Inwinci. 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 "i 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 thirty (30) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each irmnance 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 food hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, 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, snd to maintain such Insurance for the tern of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the V MORTGAGE (Continued) Page 4 estimated cost of repair or replacement exceeds $1,000.00. 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 Lenders election, receive and retain the proceeds of any Inauranoe 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 shell repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or relmburse 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, than to pay soaued 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. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's Interest in the Property or If Grantor We to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantors failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, Ilene, security interests, encumbrances snd Other claims, at any time levied or placed on the Property and paying all costs for Insuring, malntalning 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 pert of the Indebtedness and. at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any Installment term of tide Note: or (C� e ither treated as aballoon which will be du and at Note's 2 maturity. The Mortgage also will secure payment of these amounts. Such right shall be In addition to all other rights and remedlos to which Lender may be entitled upon Default Grantors obligation to Lender for all such expenses shell 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: Tide. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and dear of all Hens and encumbranoes other then those set forth In the Real Property description or in any title Insurance policy, tide repor or final tide 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 We to the Property against the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's tide or the Interest of Lender under this Mortgage, Grantor shall defend the action at Grantors expense. Grantor may be the nominal party in such proceeding. but Lender shall be entitled to participate in the pmceeding and to be represented In the proceeding by counsel of Lenders own choloe, 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 GrsntOes use Of the Property complies with all existing applicable laws, ordinances, and regulations of governmental audwrities. 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 effed until such Ume as Grantors Indebtedness shell be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. N any proceeding In condemnation is filed, Grantor shag 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 Not Procseds. 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 condemnatlon. ` -, naYlMi1�WYWiY1N� M MORTGAGE (Continued) Page 6 IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, foes and urges 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 Lander to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse lender for all taxes, as described below, together wtih 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 shat) constitute taxes to which this section applies: (1) a specific taut upon this type of Mortgage or upon all or any part of the Indebtedness segued 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 We 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 principai and Interest made by Grantor. Subsequent Taxes. If arty 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 Lander may exerdse arty 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: Socurtty Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the fights of a secured party under the Uniform Commercial Code as amended from time to time. Security Inhnst. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage in the rest property records, Lender may, at any time and without further authimination from Grantor, file executed counterparts, coplas or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for au expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall rat 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 piece reasonably convenient to Grantor and Lender and make it available to Lander within three (3) days after receipt of written demand from Lender to the extent permitted by applicable low. Addresses. The malling addresses of Grantor (debtor) and Lander (secured party) from which Information concerning the aeaurity 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 asburences and additional authofizations 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 Lander or to Lenders 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 offioes and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds. security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, 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 faits to do any of the things referred to In the preceding paragraph. Lender may 40 so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to matte, execute, deliver, file, record and do alt 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 shalt execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing L.andoes security Interest In the Rents and the Pamonal Property. Grantor will pay. If permitted by applicable law, any reasonable termination fee as determined by Lander from time to time. MORTGAGE (Continued) Page 6 EVENTS OF DEFAULT. Each of the following, at Lenders 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 Ilen. 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 arty 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 ban, 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 Grantors ability to repay the Indebtedness or Grantoes ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Granto'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 CallaleralUatlon 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 Ilan) 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. Cornrnencement of foreclosure or forfelture proceedings, whether by judicial prooaeding, self-help, repossession or any other method, by any credltor of Grantor or by any govemmental 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 Af *cting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dles or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness 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 any default, other than a default In payment Is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage withln the preceding twelve (12) months, It may be cured H Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) aces the default within ten (10) days, or (2) If the cure requires more than ten (10) days, immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default 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 any one x more of the following rights and remedles, In addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender thall have the right at its option, after giving such notices as required by applicable low, to declare the entire Indebtedness Imnwdlately 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 Rants. Lender shall have the right, without notice to Grantor, to take possession of the Property arid, 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 e.bove Lender's costs, against the Indebtedness. In furtherance of this right, Y F' F , MORTGAGE (Continued) Page 7 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 Lenders demand shall satisfy the obligations for which the payments are made, whether or riot 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 Recefvwr 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 Grantors Interest In all or any part of the Property. Possewlon 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 Persrsyivania 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 Ssie. 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 Landers 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. Lander 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 bit 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 dispostion 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. Any :Yale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuft of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantors failure to perform, shall not affect Lendors right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be constn:ed so as to limit or restrict the rights and remedies available to Lender foibwing 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 cb- maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing Une.Indebtedness. Attorneys' Fees; Expenses. If Lander Institutes any suit or action to enforce any of the temcs of this Mortgage, Lender shell be entitled to recover such sum a$ the court may adjudge reasonable as attorneys' fees at blal 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 Lenders 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, Lenders reasonable attorneys' fees and r MORTGAGE (Continued) Page 8 Lenders legal expenses, whether or not there Is a lawsuit, Including reasonable attorneys' fees and expenses for bankruptcy proosedings (including efforts to modify or vacate any automatic stay or Injunction). appeals, and any anticipated pout- judgment collection services, the cost of searching records, obtaining title reports {Including foreclosure reports), surveyors' reports, and appraisal fees and title Imuzanoe, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mall, 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 Ilen which has priority over this Mortgage shall be sent to Lenders address, as shown near the beginning of this Mortgage. Any party may Mange 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 doomed 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 alienation or amendment. Annual Reports. If the Property is used for purposes other than Grantors residence, Grantor shall famish to !_ender, upon request, a certified statement of net operating Income received from the Property during Grantors previous fiscal year In such form and detail as Lender shall require. "Net operating Income' shall mean all cash receipts from the Property lase all cash expenditures made In oonnection with the openUon of the Property. Caption Haadings. 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. Oovaming Law. This Mortgage will be governed by federal law applicable to Under and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the Courts of Cumberland County, Commonwealth of Pennsylvania. No Waiver by Lender. Lender shag not be deemed to have waived any rights under this Mortgage unless such waiver is given In writing end signed by lender. No delay or omission on the part of Lender in exerasing any right shall operate as a waiver of such right or any other right A waiver by Lender of a provlslon of this Mortgage shall not prejudice or constitute a waiver of Lenders 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 tights or of any of Grantors 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 eases such consent may be granted or withheld in the sole discretion of Larder. Saversbility. If a court of competent jurisdiction fkds 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 modi n d 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 unenforceabYity 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 shag be binding upon Grantor, and upon Grantors heirs, personat representatives, successors, and assigns, and shall be enforceable by Lender and Its successor; and assigns. Tina Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby wolve the night to any jury trial In any action, proceeding, or oanforcialm brought by any party against any otter party. OF- FINITIONS. The folio Ang capitalized words and terms shall have the following meanings when used in this MORTGAGE (Continued) Page 9 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 Seth B Hughes and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth In this Mortgage in the section titled "Default ". Environmental Laws. The words 'Environmental Caws" 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 Conprehansive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. 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 Seth B Hughes, 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 dented 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 ell . renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expanded 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. Speolflcalty, althea limitation, Indebtedness includes all amounts that may be indirectly secured by the Goss- Collateralization provision of this Mortgage. Lender. The word "Larder" means Integrity Bank, Its successors and assigns. Mortgage. The word 'Mortgage means this Mortgage between Grantor and Lender. Note. The word "Note' means the promissory mote dated December 30, 2011, In the original principal amount of $248,484.67 from Grantor to Lender, together with all renewals of, extensions Of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note Is June 30, 2012. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Persona! Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Properly together with all accessions, parts, and additions to, all replacements of, and all substitution$ for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property mean the real property, Interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security MORTGAGE (Continued) Page 10 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 all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE 18 GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE E EFFECT A SO INSTRUMENT ACCORDING TO LAW. GRANTOR: X a: u•v.....;..Sean CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Intagrity Bank, herein Is as follows: Camp Hill Office, 3345 Market Street, Camp Hill, PA 17011 a Alto Ag or Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEA OF PENNSYLVANIA , / * I l.fti m V t -- N h 1 SS COUNTY OF � ,. On the 0! u d y of LC, r . 20 (l before me l s. 7g Notary Public, personally appeared Seth B Hughes, known to me (or satisfactorily pro n) to be the person whose name Is Subscribed to the within Instrumen d acknowledged that he or she executed the Same for the purposes therein Con In witness whereof, l hereunto sat my hand and official a co MMONWBILTH of PENNSYLV Notarw Seel Notary Pubic in and for tat. of THda D. Naylor, Notary put Carlisle Eoro, CumboUnd CourRy My Cc wAooa OtL 2 2014 LASER PRO Lending, Ver. 03 Copr. Harland Financial ut nc. 1907, 2011. AN Rights Reserved. - PA K:ILENOINGICFIILPL %G03.FC TR -4438 PR -25 ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being The Highlands, Phase 3, Lot No. 102, as shown on a plan entitled "The Highlands Final Subdivision Plan, Phase 3, Section One" dated January 21, 1997, by PennTerra Engineering, Inc., State College, PA, recorded in Plan Book 79, Page 103, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way line of Shannon Lane (60 foot right of way), and being a westerly comer of Lot No. 103; thence along said Lot, South 04 degrees 18 minutes 00 seconds East, 136.88 feet to an iron pin, being a southerly corner of said Lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (Deed Book N -12, Page 207); thence along said lands, South 83 degrees 44 minutes 30 seconds West, 80.00 feet to an iron pin, lying along said lands and being an easterly comer of Lot No. 101, thence along said Lot North 04 degrees 18 minutes 00 seconds West, 136.82 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of Shannon Lane (60 foot right of way); thence along said right of way, North 85 degrees 42 minutes 00 seconds East, 80.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.251 acre. Lot No. 102 is subject to a 10 foot wide utility easement along its street frontage. � - r ■��i1w �M MI1. I ��1��11^F� IMi//r� � ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY ..., 1 COURTHOUSE SQUARE _ CARLISLE, PA 17013 717- 240 -6370 : Instrument Number - 201201920 Recorded On 1/19/2012 At 3:19:03 PM * Total Pages -12 * Instrument Type - MORTGAGE Invoice Number - 100475 User ED - KW * Mortgagor - HUGHES, SETH * Mortgagee - INTEGRITY BANK * Customer - SCHERER * FEES STATE WRIT TAX $0.50 Certification Page . STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $25.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3:00 TOTAL PAID $76.00 I Certify this to be recorded in Cumberland County PA RECORDER O D DS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002JST 111 IIIIIIIIVII III 11 I� II! .... ...M.l..w".o......�y.,..N. ..-.. 1��.. �' ���.... �. �. �- .'.- � ^'MMY'M.4+I..Y1MW.`M- .fI�W -.... ... .. . ..n... . . .... ....• ... .T- N.�M...4.•1Ns.wnw.�N+ —.! .MIwMM.r..nwe 1 (. I i i f I i ' � f ,' I :' I I 1 r i - � i i I f I � � 1 - i I i 4 1 - � � ''. .. ! IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Chapter 7 SETH B. HUGHES, and JENNIFER I. HUGHES Debtor Case No. 1:13 -bk- 02294 -MDF INTEGRITY BANK HONORABLE MARY D FRANCE Movant V. MATTER: MOTION FOR RELIEF SETH B. HUGHES, JENNIFER I. HUGHES, and MARKIAN R SLOBODIAN Respondents ORDER GRANTING INTEGRITY BANK'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY UPON CONSIDERATION of Integrity Bank's Motion for Relief from the Automatic Stay it is hereby ORDERED AND DECREED that said motion is GRANTED. Integrity Bank is granted stay relief to exercise its state court rights and remedies against the following real property: 1110 Shannon Lane, Borough of Carlisle, Cumberland County, Pennsylvania (Parcel ID #05 -1.9- 1647 -231). The relief granted in this Order is automatic and not subject to the fourteen (14) day stay provision of Fed. R. Bankr. P. 4001(a)(3). By the Court, Chief Bankruptcy Judge (JK) Dated: June 20, 2013 Case 1:13 -bk- 02294 -MDF Doc 39 Filed 06/20/13 Entered 06/20/13 12:42:07 Desc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson -0"1'--F} L--- Sheriff i rst,i irkit { Jody S Smith Chief Deputy ski.$ iii: '' Richard W Stewart Solicitor s li�.IERIPr ` 'i't I I PE. iNSYL�`AI,RA Integrity Bank vs. Case Number Seth B Hughes 2013-3952 SHERIFF'S RETURN OF SERVICE 07/10/2013 11:30 AM-Sergeant Jason Vioral served the requested Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Seth B Hughes at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JA N VI L, DEPUTY 07/10/2013 11:30 AM-Sheriff Ronny R Anderson, being duly sworn according o states he made diligent search and inquiry for the within named Defendant to wit: Seth B Hughes, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 1110 Shannon Lane, Carlisle Borough, Carlisle, PA 17013. Per defendant Seth Hughes,the residence is vacant. SHERIFF COST: $38.00 SO ANSWERS, July 15,2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Tetecsoft,Inc. INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 SETH B. HUGHES, CIVIL ACTION- LAW Defendant MORTGAGE FORECLOSURE r-nW PRAECIPE -<> Cn �-` r-= C CD TO THE PROTHONOTARY: �c Please enter judgment in the above-captioned proceeding in favor of Plaintiff, Integrity Bank, and against Defendant, Seth B. Hughes, in the amount of$252,542.68 as of July 1, 2013, along with interest accruing after July 1, 2013 at the per diem rate of$37.426192222, costs and reasonable attorney's fees as allowed by law for costs of collection until the Indebtedness is paid in full. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty(20) days of service thereof, and after 10-day Notice(s) of intention to file this Praecipe was or were sent. Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notice of intent,to take a default judgment was forwarded to Seth B. Hughes, by United States Mail, first class, postage prepaid, on July 31, 2013. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the Notice and Postal Form 3817 are attached hereto and marked " MCNEES WALLACE&NURICK LLC Date: August 13, 2013 By: r Clayton . Dayldson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1678 Phone: (717) 232-8000 cdavidson @mwn.com Attorneys for Integrity Bank �. aCk as 601 01 llybiu &6d agy�3s. i INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 SETH B. HUGHES, CIVIL ACTION- LAW Defendant MORTGAGE FORECLOSURE IMPORTANT NOTICE TO Seth B. Hughes 14 Cardinal Drive Carlisle,PA 17013-4309 Date of Notice: July 31,2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 BAR ASSOCIATION 32 South Bedford Street Carlisle,PA 17013 (717) 249-3166 or(800) 990-9108 McNEES WALLACE&NURICK LLC By: Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidsongmwn.com Attorneys for Plaintiff Ul1lITED"dTES Certificate Of AOST/!L SERVICE Mailin ' This Certificate a Mailing provides evidence that mail has been presented to USPS®f ailfng i i; This form maybe used for domestic and international mail. From: _ — r � — McNees Wallace & Nurick LLC — 100 Pine Street — P.O. Box 1166 ,�1L 31 21 Harrisburg, PA 17108-1166 ,N _ ,-4 To: to 0 I Seth B. Hughes � 6'% M 14 Cardinal Drive p l � Carlisle, PA 17013-4309 '� m 3 4309 N tV 0 0 m PS Form 3$77,April 2007 PSN 7530-02-U00-9U65 �' a � INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 SETH B. HUGHES, CIVIL ACTION- LAW Defendant MORTGAGE FORECLOSURE NOTICE OF JUDGMENT TO: Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 You are hereby notified that on August IS , 2013, the following judgment has been entered against you in the above captioned case: Judgment in favor of Plaintiff, Integrity Bank, and against Defendant, Seth B. Hughes, in the amount of$252,542.68 as of July 1, 2013, along with interest accruing after July 1, 2013 at the per diem rate of$37.426192222, costs and reasonable attorney's fees as allowed by law for costs of collection until the Indebtedness is paid in full. Dated: August 2013 °� Prothonotary I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 is: Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 MCNEES WALLACE&NURICK LLC Date: August 13, 2013 By:� Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1678 Phone: (717) 232-8000 cavidson @mwn.com Attorneys for Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 ., SETH B. HUGHES, CIVIL ACTION - LAW _- Defendant : MORTGAGE FORECLOSURE c a 1 , AFFIDAVIT OF NON-MILITARY SERVICE OF CD SETH B. HUGHES >n The undersigned, being duly sworn according to law, deposes and says that to tlj beS.-pt my information and belief, Defendant, Seth B. Hughes, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. The Defendant, Seth B. Hughes, was last known residing at 14 Cardinal Drive, Carlisle, PA 17013- 4309. Date: August 13, 2013 By: Katie Waters McNees Wallace &Nurick LLC Paralegal (�ORN and subscribed to before me this day of AugLVNO 13. (f VeRk -ary Public OF PENNSYLVANIA COMMONWEALTH My Commission Expires Notarial seal Notary Public (SEAL) Ellen M.Palmer,Dauphin County City of Harrlsburg�Tres Aug.1,2014 my Commission EXP INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CASE NO, 13-3952 10 SETH B. HUGHES, CIVIL ACTION - LAW Defendant MORTGAGE FORECLOSURE c � `r¢ -V z Zrn C fl- U (3 -Orr. PRAECIPE FOR WRIT OF EXECUTION cznr- t.,, o (Mortgage Foreclosure) zC�l To The Prothonotary: Un Issue Writ of Execution in the above matter: Amount due as of July 1, 2013 $252,542.68 Interest After July 1, 2013 $37.426192222 per day Costs $to be added McNees Wallace& Nurick LLC Date: August 28,2013 By: — Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 C_S�) Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank 3g, oo CAF Ida. -�S 1 ll �1 t �. So a GL-# aa .�93 { ARSws r INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 SETH B. HUGHES, CIVIL ACTION - LAW Defendant MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania, known as known as 1110 Shannon Lane, Carlisle, PA 17013; Parcel No. 05-19-1647-231. 1. Name and address of owner: Seth B. Hughes C-, r 14 Cardinal Drive Carlisle, PA 17013-4309 zc c =� s '� cs -urn 2. Name and address of defendant in the judgment herein: <3 � d Seth B. Hughes Are ` 14 Cardinal Drive Carlisle, PA 17013-4309 „< 3. Name and address of every judgment creditor(other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Kohl Roofing & Siding Company Carter-Jones Lumber Company t/a Kohl Building Products Inc. 601 Tallmadge Road 1047 Old Bernville Road Kent, OH 44240 Reading, PA 19605 A.C. Rimmer, Inc. 3 Keystone Drive Mechanicsburg, PA 17050 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: Cumberland County Domestic Cumberland County Tax Claim Bureau Relations 1 Courthouse Square Richard K. Betts, Director Old Courthouse, Rm 106 13 N. Hanover St. Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Jennifer I. Hughes Hughes Contracting, Inc. 14 Cardinal Drive 14 Cardinal Drive Carlisle, PA 17013-4309 Carlisle, PA 17013-4309 Bret P Shaffer, Esquire Gary S. Silverman, Esquire Baric Scherer Silverman Theologou, LLP 19 West South Street Attorneys for Kohl Roofing & Siding Carlisle, PA 17013 Company 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Robert D. Kodak, Esquire Jonathan H. Rudd Kodak Law Offices, PC McNees Wallace &Nurick LLC Attorneys for Carter-Jones Lumber Attorneys for A.C. Rimmer, Inc. Company 100 Pine Street, PO Box 1166 407 N. Front Street, PO Box 11848 Harrisburg, PA 17108 Harrisburg, PA 17108-1848 Tenant 1110 Shannon Drive Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNees Wallace& Nurick LLC Date: August 28, 2013 By: Clayton %!6avidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 13-3952 SETH B. HUGHES, CIVIL ACTION - LAW Defendant MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129'.2 TAKE NOTICE: =M C= G_3 -Orr, That the Sheriff s Sale of Real Property(real estate)will be held: CD DATE: Wednesday,December 4,2013 =C) CDC- TIME: 10:00 AM cn LOCATION: Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 1110 Shannon Lane, Carlisle, PA 17013; Parcel No. 05-19-1647-231. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Seth B. Hughes, Case No. 13-3952 in the amount of$252,542.68 as of July 1, 2013, along with interest accruing after July 1, 2013 at the per them rate of$37.426192222, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Seth B. Hughes A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 South Bedford Street Carlisle,PA 17013 (717) 249-3166 or(800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNees Wallace & Nurick LLC Date: August 28, 2013 By: � Clayton W. Davids n PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank Legal Description ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being The Highlands, Phase 3, Lot No. 102, as shown on a plan entitled "The Highlands Final Subdivision Plan, Phase 3, Section One" dated January 21, 1997, by Penn Terra Engineering, Inc., State College, PA, recorded in Plan Book 79, Page 103, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way line of Shannon Lane (60 foot right of way), and being a westerly comer of Lot No. 103; thence along said Lot, South 04 degrees 18 minutes 00 seconds East, 136.88 feet to an iron pin, being a southerly comer of said Lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (Deed Book N-1 2, Page 207); thence along said lands, South 85 degrees 44 minutes 30 seconds West, 80.00 feet to an iron pin, lying along said lands and being an easterly comer of Lot No. 101; thence along said Lot North 04 degrees 18 minutes 00 seconds West, 136.82 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of Shan-non Lane(60 foot right of way); thence along said right of way,North 85 degrees 42 minutes 00 seconds East, 80.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.251 acre. Lot No. 102 is subject to a 10 foot wide utility easement along its street frontage. BEING the same premises which HD Enterprises, LLC, a Pennsylvania Limited Liability Company consisting of Alan G. Davis and Seth B. Hughes, by Deed dated December 30, 2011 and recorded January 19, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No, 201201919, granted and conveyed unto Seth B. Hughes, a married man. Tax Parcel no. 05-19-1647-231 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3952 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff(s) From SETH B.HUGHES (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$252,542.68 L.L.:$.50 Interest AFTER JULY 1,2013-$37.426192222 PER DAY Atty's Comm: Due Prothy:$2.25 Atty Paid:$186.75 Other Costs: Plaintiff Paid: ,Date: August 29,2013 David I WProthon (Seal) By: Deputy REQUESTING PARTY: Name: CLAYTON W.DAVIDSON,ESQUIRE Address: MCNEES WALLACE&NURICK,LLC 100 PINE STREET,P.O.BOX 1166 HARRISBURG,PA 17108-1166 Attorney for:PLAINTIFF Telephone: 711-260-1678 Supreme Court ID No.79139 INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CASE NO. 13-3952 SETH B. HUGHES, : CIVIL ACTION - LAW Defendant : MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania, known as known as 1110 Shannon Lane, Carlisle, PA 17013; Parcel No. 05-19-1647-231. 1. Name and address of owner: Seth B. Hughes -o 14 Cardinal Drive ° Carlisle, PA 17013-4309 ' rte-- = o, r 2. Name and address of defendant in the judgment herein: < -t, D Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 3. Name and address of every judgment creditor(other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Kohl Roofing & Siding Company Carter-Jones Lumber Company t/a Kohl Building Products Inc. 601 Tallmadge Road 1047 Old Bernville Road Kent, OH 44240 Reading, PA 19605 A.C. Rimmer, Inc. Norandex 3 Keystone Drive 300 Executive Parkway West Mechanicsburg, PA 17050 Suite 100 Hudson, OH 44236 84 Lumber Company, LP 1019 Pennsylvania 519 Annex Building Eighty Four, PA 15330 4. Name and address of the last recorded holder(other than the Plaintiff herein) of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: Cumberland County Domestic Cumberland County Tax Claim Bureau Relations 1 Courthouse Square Richard K. Betts, Director Old Courthouse. Rm 106 13 N. Hanover St. Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Jennifer I. Hughes Hughes Contracting, Inc. 14 Cardinal Drive 14 Cardinal Drive Carlisle, PA 17013-4309 Carlisle, PA 17013-4309 Bret P Shaffer, Esquire Gary S. Silverman, Esquire Baric Scherer Silverman Theologou, LLP 19 West South Street Attorneys for Kohl Roofing & Siding Carlisle, PA 17013 Company 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Robert D. Kodak, Esquire Jonathan H. Rudd Kodak Law Offices, PC McNees Wallace &Nurick LLC Attorneys for Carter-Joints Lumber Attorneys for A.C. Rimmer, Inc. Company 100 Pine Street, PO Box 1166 407 N. Front Street, PO Box 11848 Harrisburg, PA 17108 Harrisburg, PA 17108-1848 Tenant John R. Keating, Esquire 1110 Shannon Drive Keating Law Firm Carlisle, PA 17013 Attorneys for Norandex 4232 Northern Pike, Suite 202 Monroeville, PA 15146 • S. Manoj Jegasothy, Esquire Gordon& Rees LLP Attorneys for 84 Lumber Company, LP The Gulf Building 707 Grant Street, Suite 2305 Pittsburg, PA 15219 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNees Wallace& Nurick LLC Date: October 14, 2013 By: Cla n W. D vidson PA Attorney I. . No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CASE NO. 13-3952 SETH B. HUGHES, : CIVIL ACTION- LAW Defendant : MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms the persons listed below, whose names appear in the Amended Affidavit filed in this proceeding pursuant to Pa.R.C.P. 3129.1,were served with the Notice of Sheriff's Sale Pursuant to Pa.R.C.P. 3129.2 and legal description attached hereto as Exhibit A in the manner so indicated: By ordinary mail on the parties listed below on October 15, 2013, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Seth B. Hughes Kohl Roofing & Siding Company 14 Cardinal Drive t/a Kohl Building Products Inc. Carlisle, PA 17013-4309 1047 Old Bernville Road Reading, PA 19605 << Carter-Jones Lumber Company A.C. Rimmer, Inc. , 601 Tallmadge Road 3 Keystone Drive —,— rs3 Kent, OH 44240 Mechanicsburg, PA 17050 c Norandex 84 Lumber Company, LP 300 Executive Parkway West 1019 Pennsylvania 519 Suite 100 Annex Building Hudson, OH 44236 Eighty Four, PA 15330 Cumberland County Domestic Cumberland County Tax Claim Bureau Relations 1 Courthouse Square Richard K. Betts, Director Old Courthouse, Rm 106 13 N. Hanover St. Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Jennifer I. Hughes Hughes Contracting, Inc. 14 Cardinal Drive 14 Cardinal Drive Carlisle, PA 17013-4309 Carlisle, PA 17013-4309 Bret P Shaffer, Esquire Gary S. Silverman, Esquire Buie Scherer Silverman Theologou, LLP 19 West South Street Attorneys for Kohl Roofing & Siding Carlisle, PA 17013 Company 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Robert D. Kodak, Esquire Jonathan H. Rudd Kodak Law Offices, PC McNees Wallace &Nurick LLC Attorneys for Carter-Jones Lumber Attorneys for A.C. Rimmer, Inc. Company 100 Pine Street, PO Box 1166 407 N. Front Street, PO Box 11848 Harrisburg, PA 17108 Harrisburg, PA 17108-1848 S. Manoj Jegasothy, Esquire John R. Keating, Esquire Gordon& Rees LLP Keating Law Firm Attorneys for 84 Lumber Attorneys for Norandex Company, LP 4232 Northern Pike, Suite 202 The Gulf Building Monroeville, PA 15146 707 Grant Street, Suite 2305 Pittsburg, PA 15219 Tenant 1110 Shannon Drive Carlisle, PA 17013 By certified mail, return receipt requested,as provided by Pa. R.C.P. No. 403, on the parties listed below, as evidenced by the receipt for certified mail, which are also attached hereto as Exhibit B. Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 McNEES WALLACE &NURICK LLC Date: October 24, 2013 By / G/ Cla / W. D. idson PA Attorney . No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson @mwn.com Attorneys for Integrity Bank A INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CASE NO. 13-3952 SETH B. HUGHES, : CIVIL ACTION- LAW Defendant : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: ro3 -,- rrs{°3o c rn z c) That the Sheriffs Sale of Real Property(real estate)will be held: �y 4=4 ° - -n DATE: Wednesday,December 4,2013 c TIME: 10:00 AM cn w LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 THE PROPERTY TO BE SOLD is 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is:All that certain piece or parcel of land situate in the Borough of Carlisle, Cumberland County,Pennsylvania,known as 1110 Shannon Lane,Carlisle,PA 17013; Parcel No. 05-19-1647-231. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Seth B.Hughes, Case No. 13-3952 in the amount of$252,542.68 as of July 1, 2013, along with interest accruing after July 1, 2013 at the per diem rate of$37.426192222, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Seth B. Hughes A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes)will be filed by the Sheriff of this County 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD,TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 South Bedford Street Carlisle,PA 17013 (717)249-3166 or(800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNees Wallace&Nurick LLC Date: August 28,2013 By: r---� Clayton W. Davids.n PA Attorney I.D.No. 79139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank • Legal Description ALL THAT CERTAIN tract of land situated in the Borough of Carlisle,Cumberland County,PA being The Highlands,Phase 3,Lot No. 102, as shown on a plan entitled "The Highlands Final Subdivision Plan,Phase 3, Section One' dated January 21, 1997,by Penn Terra Engineering, Inc., State College,PA,recorded in Plan Book 79,Page 103,being bounded and described as follows: BEGINNING at an iron pin,lying in a southerly right of way line of Shannon Lane(60 foot right of way), and being a westerly corner of Lot No. 103;thence along said Lot,South 04 degrees 18 minutes 00 seconds East, 136.88 feet to an iron pin,being a southerly corner of said Lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (Deed Book N-12,Page 207);thence along said lands, South 85 degrees 44 minutes 30 seconds West, 80.00 feet to an iron pin,lying along said lands and being an easterly corner of Lot No. 101;thence along said Lot North 04 degrees 18 minutes 00 seconds West, 136.82 feet to an iron pin,being a northerly corner of said Lot and lying in a southerly line of Shannon Lane(60 foot right of way); thence along said right of way,North 85 degrees 42 minutes 00 seconds East, 80.00 feet to an iron pin,being the place of BEGINNING. CONTAINING 0.251 acre. Lot No. 102 is subject to a 10 foot wide utility easement along its street frontage. BEING the same premises which HD Enterprises, LLC, a Pennsylvania Limited Liability Company consisting of Alan G. Davis and Seth B.Hughes,by Deed dated December 30,2011 and recorded January 19,2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 201201919, granted and conveyed unto Seth B. Hughes, a married man. Tax Parcel no. 05-19-1647-231 jaUNITED STATES of Certificate Of 1 POSTAL SERVICE. Mailing This Certificate of Mailing provides evidence that mail has been presented to LISPS®for mailing. �,•. This form may be used for domestic and intemational mail. ?, -.•t•From: ^' '. McNees Wallace & Nurick LLC i ' i< . . 100 Pine Street : ;,� r P.O. Box 1166 Harrisburg, PA 17108-1166 '-- °;-5 e I To: rn- Seth B. Hughes_ 14 Cardinal Drive ' -+ C y tr _ Carlisle, PA 17013-4309 y .> z rn ■ - I\ O 0 PS Form 3817,April 2007 PSN 7530-02-000-9065 w o rn aUNITED STATES ,0-0k Certificate Of , POSTAL SERVICE® Mailing . I This Certificate of Mailing provides evidence that mail has been presented to LISPS®for mailing. x P. r This form may be used for domestic and international mail. From: =I.Vo. y . — McNees Wallace & Nurick LLC _ kI •dt . — 100 Pine Street - =' — P.O. Box 1166 / '' o ..c Harrisburg, PA 17108-1166 w ; To: l— a j I co- Kohl Roofing& Siding Company I M .— t/a Kohl Building Products Inc. - _y O l -t 1047 Old Bernvill � j I ir_ e Road Reading, PA 19605 - ; N O w o PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED STATES oti Certificate Of lr r a ,1;POSTAL SERVICE.'1 Mailing ' This Certificate of Mating provides evidence that mat has been presented to USPS®for mailing. This form may beu-.'-- ----- -- �i-• 1 -• From: McNees Wallace & Nurick LLC ;•f r 100 Pine Street <7i):-.7,.. � °°N �`► c0\ - : P.O. Box 1166 y o_.V�Harrisburg, PA 17108-11 - v OCT 1 3)R -8_, 1 k i ;:, To: p — Cumberland County Domestic Relati ��,_..,.� o C ( v Richard K. Betts,Director ,__..i • - 13 N. Hanover St. ,--% ( — P.O. Box 320 — N ;12Carlisle,PA 17013 ° m — — w o m PS Form 3817,April 2007 PSN 7530-02-000-9065 3 i a UNITED STATES ,iA Certificate Of POSTAL SERVICE V Mailing �CC'!4.;y J '. ,,4,y This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. ]rj Fr•This form may be used for domestic and international mail . .19.:.��yy ��{;;'}}�� From: �.,. _, — McNees Wallace & Nurick LLC r0,7, 100 Pine Street '" `` Y;',4: P.O. Box 1166 1 -' "' N! — Harrisburg, PA 17108-1166 co — , - ;_ �, C To: �� 0) 0 � 8 — 84 Lumber Company,LP v IQ — 1019 Pennsylvania 519 O ( -1 Z - Annex Building — ^A — Eighty Four, PA 15330 - o T. PS Form 3817,April 2007 PSN 7530-o1-um-woo w • UNITED STATES 0" Certificate Of C' y. r -f 1 • POSTAL SERVICES 17 Mailing � • This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. .'r•J'.!r r This form may ha ns.>d fnr nnmaati,-and intamatinnai mail :c,,,k LIT, From: . .F r f.'f' - McNees Wallace & Nurick LLC — • : _ 100 Pine Street — "'''' �'"r P.O. Box 1166 W n - Harrisburg, PA 17108-1166 — ° o `1' co I rn To: O O I - Norandex _ 300 Executive Parkway West 2 �O t zil _ Suite 100 `" �' Hudson, OH 44236 o p m - w O m PS Form 3817,April 2007 PSN 7530-02-000-9065 ---."', UNITED StATES Certificate Of r POSTAL SERVICE Mailing _:; This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. ,T r"""r~' This form r^••rr.•...,w r..,Anmaafin anti intamatinnal mail. i. From:- McNees Wallace & Nurick LLC �• -1- ' _ 100 Pine Street — °y Jt"� P.O. Box 1166 2,2_NJ - Harrisburg, PA 17108-1166„, '— a - ,o „i -i — - Carter-Jones Lumber Ctl I� . O ` -I — 601 Tallmadge Road`. �I3 n, - , s m — Kent, OH 44240 �� — IV o — ` `'S — w 00 . PS Form oo I I,April 4UU! I'SN 7530-02-000-9065 UNITED STATES o'lr Certificate Of POSTALSERVICE@ M • Mailing ;•' ,7-r'* This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. :+rr. ••• t This form may be used for domestic and internatinnal mail •.-, -- " From: - S McNees Wallace & Nurick LLC , . 100 Pine Street ,-.'' '',`"--' \ . r -�P t7 N C P.O. Box 1166 o,Nz �I 6, Harrisburg, PA 17108-1166; T, w- To: , .1;:- / m bR - A.C. Rimmer, Inc. ,, p O '' — 3 Keystone Drive - _ O Z —•Mechanicsburg, PA 17050 _ rn N III N � o O — — w o mi PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED STATES ,SA Certificate Of POSTAL SERVICES 11 Mailing y 110.14••y . TY�r This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. r•r,,; This form may be used for domestic and international mail From: J.%7A7,72. :-McNees Wallace & Nurick LLC ''� r 100 Pine Street ' • ' .. P.O. Box 1166 Q�\ t o, 9, Harrisburg, PA 17108-11 °. r , ,-a 1 To: _ Cumberland County Tax Claim Bur r�` ,.- li°07 VII v 1 Courthous ,; - I ro e Square II �- Old Courthouse Rm � I 106 �^ . — Carlisle,PA 17013 — ^' 1N o — — w O �, PS Form 3817,April 2007 PSN 7530-02-000-9065 Al..M UNITED STATES u Certificate Of .. POSTAL SERVICE!,11 Mailing w i This Certificate of Mailing provides evidence that mail has been presented to LISPS®for mailing. .. . :. r.F This form may be used for domestic and international mail. leg . .•-7"1"+"'-, -1.- From: - McNees Wallace & Nurick LLC — :......44.4. im.:4 - 100 Pine Street 00N C — P.O. Box1166 , '- ? ° �° — Harrisburg, PA 17108-1166 .,,_ �, o =�a k ' IC m T I Tenant :\ t\ . 7:77, 1110 Shannon Drive 740 O I -i Carlisle,PA 17013 ,,,„ _ -f w' • N tV 0 o p co o 411 PS Form 3817,April 2007 PSN 7530-02-000-9065 PIZ' UNITED STATES ,,SA Certificate Of ° ��'. POSTAL SERVICE® 41 Mailing � ��'y This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. � �.c' This form ma•.--•-..w r...•,---..-..-,,:.....-....:.....'..,.,a ,• From: ��• "`r�' — McNees Wallace & Nurick LLC — r " r;Fr 100 Pine Street 'A• — P.O. Box 1166 , - - Ni •" — Harrisburg, PA 17108-1166 ' %- '? W;, ,�� i' q To: Jonathan H.Rudd �� rn McNees Wallace&Nurick LLC ' _• ' n° p k Attorne s for O 31 Attorneys A.C. R;mmer,Inc. - I m 100 Pine Street,PO Box 1166 N Harrisburg,PA 17108 o _ w O A PS Form 3817,April 2007 PSN 7530-02-000-9065 a UNITED STATES Certificate Of . r' -+POSTALSERVICE® Mailing + , This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. r{r r •'ti k, ' This form r From: McNees Wallace & Nurick LLC ;'„ -ir J. 100 Pine Street . oonl — P.O. Box 1166 4.\.,--_,...- \'�'�N- - Harrisburg, PA 17108-1166 7/— Q. i5mi3 1° c Ill m T°` _ S.Manoj Jegasothy,Esquire O Gordon&Rees LLP , -%`r.C O — Attorneys for 84 Lumber Company,LP v, . < The Gulf Building Iv N o — 707 Grant Street,Suite 2305 — ° 0 r, _ Pittsburg,PA 15219 ``' ° u) — PS Form 3817,April 2007 PSN 7530-02-000-9065 , " UNITED STATES Certificate Of ,i ' ,t•1 POSTAL SERVICE. i Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. •.� - Thisformr-..`-.--'°-'----'-- ':.-......_�:..-..,..._,i �,r 3j- .• . From: McNees Wallace & Nurick LLC `T .11r, 100 Pine Street _ ooN c P.O. Box 1166 gN� • — Harrisburg, PA 17108-1166 „` 3, W-co ` . To: I I — Jennifer I. Hughes `°`pA — • ' O Ii m — 14 Cardinal Drive \— :: °'�, ( m Carlisle, PA 17013-4309 .� __ o O CO w O m cn � UNITED STATES Certificate Of : :44,. � POSTAL SERVICES Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. k. This form . .. . . ryy- From: McNees Wallace & Nurick LLC •', 11.1 - 100 Pine Street , , ' '``�,P A:VII:': — P.O. Box 1166 — �' N c — Harrisburg, PA 17108-1166 - ) -0 -s, iti---. 2 To �` '� I m - Robert D.Kodak,Esquire o O I V Kodak Law Offices,PC l - Attorneys for Carter-Jones Lumber Company C"C" m 407 N. Front Street,PO Box 11848 N jV o Harrisburg,PA 17108-1848 O - w O m PS Form 3817,April 2007 PSN 7530-02-000-9065 � UNITED STATES e% Certificate Of 1,,,,.7.:0:1 1 POSTALSERVICEs '1 Mailing `i This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. •ti •�,'.r f This form may ,. From: McNees Wallace & Nurick LLC . o,1• 100 Pine Street ' • 'F' P.O. Box 1166 ,c ` ,,°N� •. Harrisburg, PA 17108-1166 i , ,„ �. `�" • W D al 8 C _, q,„ m To: — Hughes Contracting, Inc. (1..r.,4 ,,,�— �''`co h! v 14 Cardinal Drive 0 z Carlisle, PA 17013-4309 _ o ° O co 0 N PS Form 3817,April 2007 PSN 7530-02-000-9065 i aUNITED STATES Certificate Of � T POSTAL SERVIC _Loft Mailing r� ,57,5 t i This form m,he Mailing provides evidence international that mail has been presented to USPS®for mailing. ;?*'f' This forth m��ha uswd for dnmastir.and international mail. . ' From: Z411.14::* -r a• — McNees Wallace & Nurick LLC — �°`:aB + ter • 1,00 Pine Street ' ; P.O. Box 1166 3jJ O ON O 1 j O ` — Harrisburg, PA 17108-1166 ! �` To: m John R.Keating,Esquire O �i N. Keating Law Firm O Attorneys for Norandex �' ......a 4232 Northern Pike, Suite 202 N 07 Monroeville,PA 15146 w C m PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED STATES 6.1't'` Certificate Of POSTAL SERVICE Mailing t This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. .. ,, I": F From: McNees Wallace & Nurick LLC e.:' ' `r" 100 Pine Street - - , ;....154- .• . . • .i - P.O. Box 1166 , - "^' c c.„) - Harrisburg, PA 17108-1166 ' -� o i' 2 mt D 0a To: - Bret P Shaffer, Esquire \ i.P r. .. n Ai reTv _ Baric Scherer Oj 19 West South Street w N m o_ m Carlisle,PA 17013 O — w o PS Form 3817,April 2007 PSN 7530-02-000-9065 a, UNITED STATES Certificate Of , POSTAL SERVICEa 1 Mailing w.5.�}. ' y This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. till rkr c..•.• t This tone ma,.ha tioari s,einnloctin anti t rar arinnat mail � �i– { From:- McNees Wallace & Nurick LLC c6'.!6 a, c 100 Pine Street �� _ ;v.. .. 21 P.O. Box 1166 ' -- N fz, C.Co), N Harrisburg, PA 17108-1166 1,S ', �w 1t — \4 — pip c ° ci nary S.-Silverman,Esquire ' t 6 TO` — Silverman Theologou,LLP \�._—�` o 0 v Attorneys for Kohl Roofing&Siding — Company — 0 m _ 11200 Rockville Pike, Suite 300 — N, ' 03 N.Bethesda,MD 20852 ; O m — — co o v, PS Form 3817,April 2007 PSN 7530-02-000-9065 2. Article Number - COMPLETE THIS SECTION ON DELIVERY II i 1111 111011 iiii Received by(Please P, clearly B. Date ofry II• ir ,gent 7196 9008 9111 0301 5283 X J ❑Addressee D. Is''deltvery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 3. Service Type CERTIFIED MAIL*"' 4. Restricted Delivery?(Extra Fee) I I Yes 1. Article Addressed to: Reference Information Seth B. Flughes 14 Cardinal Drive Carlisle, PA 17013-4309 21328-0329(Notice of Sale) 3029 PS Form 3811,January 2005 Domestic Return Receipt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` Sheriff ��i.0,„of cumber Jody S Smith 's Chief Deputy Richard W Stewart Solicitor oFccE OF THE SHERIFF I Lv, ` 3 `, Integrity Bank vs. Case Number Seth B Hughes 2013-3952 SHERIFF'S RETURN OF SERVICE 09/20/2013 02:25 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1110 Shannon Drive, Carlisle-Borough, Carlisle, PA 17013, Cumberland County. 09/27/2013 02:33 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Jen Hughes-Wife , who accepted as"Adult Person in Charge"for Seth B Hughes at 14 Cardinal Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Clayton Davidson, on behalf of Integrity Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $955.07 SO ANSWERS, 1 January 10, 2014 RONR ANDERSON, SHERIFF WOO pot a,0/poi- (10- 30 377 ;c?'ount Sulte Sheriff Tel:csoft..Inc. INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CASE NO. 13-3952 SETH B. HUGHES, : CIVIL ACTION - LAW Defendant : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania, known as known as 1110 Shannon Lane, Carlisle, PA 17013; Parcel No. 05-19-1647-231. 1. Name and address of owner: Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 2. Name and address of defendant in the judgment herein: Seth B. Hughes 14 Cardinal Drive Carlisle, PA 17013-4309 3. Name and address of every judgment creditor(other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Kohl Roofing & Siding Company Carter-Jones Lumber Company t/a Kohl Building Products Inc. 601 Tallmadge Road 1047 Old Bernville Road Kent, OH 44240 Reading, PA 19605 A.C. Rimmer, Inc. 3 Keystone Drive Mechanicsburg, PA 17050 • 4. Name and address of the last recorded holder(other than the Plaintiff herein) of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: Cumberland County Domestic Cumberland County Tax Claim Bureau Relations 1 Courthouse Square Richard K. Betts, Director Old Courthouse, Rm 106 13 N. Hanover St. Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Jennifer I. Hughes Hughes Contracting, Inc. 14 Cardinal Drive 14 Cardinal Drive Carlisle, PA 17013-4309 Carlisle, PA 17013-4309 Bret P Shaffer, Esquire Gary S. Silverman, Esquire Baric Scherer Silverman Theologou, LLP 19 West South Street Attorneys for Kohl Roofing & Siding Carlisle, PA 17013 Company 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Robert D. Kodak, Esquire Jonathan H. Rudd Kodak Law Offices, PC McNees Wallace &Nurick LLC Attorneys for Carter-Jones Lumber Attorneys for A.C. Rimmer, Inc. Company 100 Pine Street, PO Box 1166 407 N. Front Street, PO Box 11848 Harrisburg, PA 17108 Harrisburg, PA 17108-1848 Tenant 1110 Shannon Drive Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNees Wallace & Nurick LLC Date: August 28,2013 By: Clayton W. D avidson PA Attorney I.D. No. 79139 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CASE NO. 13-3952 SETH B. HUGHES, : CIVIL ACTION - LAW Defendant : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held: DATE: Wednesday,December 4,2013 TIME: 10:00 AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as 1110 Shannon Lane, Carlisle, PA 17013; Parcel No. 05-19-1647-231. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Seth B. Hughes, Case No. 13-3952 in the amount of$252,542.68 as of July 1, 2013, along with interest accruing after July 1, 2013 at the per diem rate of$37.426192222, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Seth B. Hughes A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 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 the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD,TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNees Wallace& Nurick LLC Date: August 28, 2013 By: Clayton W. Davids.n PA Attorney I.D. No. 79139 100 Pine Street- P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson @mwn.com Attorneys for Plaintiff Integrity Bank Legal Description ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being The Highlands, Phase 3, Lot No. 102, as shown on a plan entitled "The Highlands Final Subdivision Plan, Phase 3, Section One" dated January 21, 1997, by Penn Terra Engineering, Inc., State College, PA, recorded in Plan Book 79, Page 103, being bounded and described as follows: BEGINNING at an iron pin, lying in a southerly right of way line of Shannon Lane (60 foot right of way), and being a westerly corner of Lot No. 103; thence along said Lot, South 04 degrees 18 minutes 00 seconds East, 136.88 feet to an iron pin, being a southerly corner of said Lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (Deed Book N-12, Page 207); thence along said lands, South 85 degrees 44 minutes 30 seconds West, 80.00 feet to an iron pin, lying along said lands and being an easterly corner of Lot No. 101; thence along said Lot North 04 degrees 18 minutes 00 seconds West, 136.82 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly line of Shannon Lane (60 foot right of way); thence along said right of way,North 85 degrees 42 minutes 00 seconds East, 80.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.251 acre. Lot No. 102 is subject to a 10 foot wide utility easement along its street frontage. BEING the same premises which HD Enterprises, LLC, a Pennsylvania Limited Liability Company consisting of Alan G. Davis and Seth B. Hughes, by Deed dated December 30, 2011 and recorded January 19, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 201201919, granted and conveyed unto Seth B. Hughes, a married man. Tax Parcel no. 05-19-1647-231 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3952 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff(s) From SETH B. HUGHES (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $252,542.68 L.L.: $.50 Interest AFTER JULY 1,2013-$37.426192222 PER DAY Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: August 29,2013 Av. / Davi. D. B ,Pr otary (Seal) By: Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON,ESQUIRE Address: MCNEES WALLACE& NURICK,LLC 100 PINE STREET,P.O.BOX 1166 HARRISBURG,PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 TRUE COPY FROM RECORD In Testimony whereof, f here unto set my hand and the seal of said Co rt at Carlisie, Pa This___(21 day of /._ 20_1;5__ zi4b I y P �onotary f - LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-3952 Civil Term and recorded January 19, 2012 in the Office of the Recorder of Deeds INTEGRITY BANK in and for Cumberland County, Pennsylvania in Instrument No. vs. 201201919, granted and conveyed SETH B.HUGHES unto Seth B.Hughes,a married man. Atty.:Clayton W. Davidson Tax Parcel no.05-19-1647-231. ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being The Highlands,Phase 3, Lot No. 102,as shown on a plan entitled"The High- lands Final Subdivision Plan, Phase 3, Section One" dated January 21, 1997, by Penn Terra Engineering, Inc., State College, PA, recorded in Plan Book 79, Page 103, being bounded and described as follows: BEGINNING at an iron pin, ly- ing in a southerly right of way line of Shannon Lane (60 foot right of way), and being a westerly corner of Lot No. 103; thence along said Lot, South 04 degrees 18 minutes 00 seconds East, 136.88 feet to an iron pin, being a southerly corner of said Lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo (Deed Book N-12,Page 207);thence along said lands, South 85 degrees 44 minutes 30 seconds West, 80.00 feet to an iron pin, lying along said lands and being an easterly corner of Lot No. 101; thence along said Lot North 04 degrees 18 minutes 00 seconds West, 136.82 feet to an iron pin,being a northerly corner of said Lot and lying in a southerly line of Shannon Lane(60 foot right of way); thence along said right of way,North 85 degrees 42 minutes 00 seconds East,80.00 feet to an iron pin,being the place of BEGINNING.CONTAIN- ING 0.251 acre. Lot No. 102 is subject to a 10 foot wide utility easement along its street frontage. BEING the same premises which RD Enterprises,LLC,a Pennsylvania Limited Liability Company consisting of Alan G.Davis and Seth B.Hughes, by Deed dated December 30, 2011 65 • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. ~ 2020 Technology Pkwy je athokëws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. This ad ran on the date(s)shown below: 10/13/13 201352 qWF Tbnm 10/20/13 INTEGR1J r iK ��� 10/27/13 vs. % SEAN layto W.Davidson ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County, PA being The Highlands, Phase 3,Lot No.102,as shown on a plan entitled Swo to -nd subscribed before io his 11 day of November, 2013 A.D. "The Highlands Final Subdivision Plan, Phase 3, Section One" dated January 21, 1997,by Penn Terra Engineering,Inc.,State 11 1 f ( I College,PA,recorded in Plan Book 79,Page 1k k -a •-► _ 103;being bounded and desarbed as follows: ' 'MTV/blic _ BEGINNING at an iron pin, lying-in a southerly right of way line of Shannon Lane (60 foot right of way),and being a westerly corner of Lot Nq 103;thence along said Lot, South 04 degrees l8 minutes 00 seconds East, COMMON'.,','EAI-TH OF PENNSYLVANIA 136.88 feet to an iron pin,being a southerly _ comer of said Lot af nd in a northerly line Pr-,,,,r,?!seal of lands wned Iy by Thomas (lolly Lynn WE r`rl,Notary Public Roy and Pauline V.Lebo(Deed Book N-12, Washington wp Dauphin County Page 207X My Commission Expires Dec.12,2016 degrees 44 minutes 30 seconds Westt,,80.00 South B S MEMBER,PENNSYLVANIA'ASSOCIATION OF NOTARIEe COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Integrity Bank is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 29th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3952, at the suit of Integrity Bank against Seth B. Hughes is duly recorded as Instrument Number 201401149. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /5 day of JCto , A.D. O/ `T l G 1-/t2e (poly Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018