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HomeMy WebLinkAbout14-0331 Supreme Cow Pennsylvania Cour, f�.Co�intnoltX Pleas For Prothonotary Use Only: Civil Cover Sheet � ;�.��: -, � � Docket No: ^� CUMBERL%�tJl� County J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by late or rules of court. Commencement of Action: S X Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: SMS Financial XXIX, L.L.C. Stacy and Eric Buxton, h/w T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Ooutside arbitration limits 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: Barry W. Krengel, Esquire 0 Check here if you have no attorney (are a Self - Represented [Pro Se] 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation S 0 Premises Liability H Statutory Appeal: Other 0 Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination 0 C 0 Other: 0 Employment .Dispute: Other 0 Zoning Board 0 Other: , I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment 0 Other: 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute g Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: _ Updated 1/1/2011 Barry W. Krengel, Esquire ?0J��'r BkrengelkDolchin.com t' ;11 J1 "till E' Identification No. 28517 �� ` & 4 DOLCHIN, SLOTKIN & TODD, P.C. Attorney for P1aIl� vEi - JL r 1 Two Liberty Place, 35`'' Floor SMS Financial XX } '�� CUfa lry VA N/A 50 S. 16th Street Philadelphia, PA 19102 (215) 665 -3506 SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY , V. NO.: ` 3? 1 �V f STACY BUXTON and ERIC BUXTON, h/w NOTICE AVISO You have been sued in court. If you wish to defend against Le han demandado en cone. Si usted quiere defenderse contra las the claims set forth in the following pages, you must take demandas nombradas en las paginas siguientes, tiene viente (20) action within twenty (20) days after this complaint and dias a partir de recibir esta demanda y notification para entablar notice are served, by entering a written appearance personalmente o por un abogado una comparecencia escrita y personally or by attorney and filing in writing with the tambien para entablar con ]a torte en forma escrita sus defensas y court your defenses or objections to the claims set forth objeciones a ]as demandas contra usted. Sea avisado que si usted against you. You are warned that if you fail to do so the no se defiende, el caso puede continuar sin usted y la torte puede case may proceed without you and a judgment may be incorporar un juicio contra usted sin previo aviso para conseguir entered against you by the court without further notice for el dinero demandado en el pleito o para conseguir cualquier otra any money claimed in the complaint or for any other claim demanda o alivio solicitados por el demandante. Usted puede or relief requested by the plaintiff. You may lose money or perder dinero o propiedad u otros derechos importantes para usted. property or other rights important to you. USTED DEBE LLEVAR ESTE DOCUMENTO A SU YOU SHOULD TAKE THIS PAPER TO YOUR ABOGADO INMEDIATAMENTE. SI USTED NO TIENE LAWYER AT ONCE. IF YOU DO NOT HAVE A ABOGADO (O NO TIENE DINERO SUFICIENTE PARA LAWYER (OR CANNOT AFFORD ONE), GO TO OR PAGAR A UN ABOGADO), VAYA EN PERSONA O LLAME TELEPHONE THE OFFICE SET FORTH BELOW TO POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA FIND OUT WHERE YOU CAN GET LEGAL HELP. AVERIGUAR DONDE SE PUEDE CONSEGUIR THIS OFFICE CAN PROVIDE YOU WITH ASSISTENCIA LEGAL. ESTA OFICINA PUEDE INFORMATION ABOUT HIRING A LAWYER. PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU SI USTED NO TIENE DINER0 SUFICIENTE PARA PAGAR A WITH INFORMATION ABOUT AGENCIES THAT UN ABAGADO, ESTA OFICINA PUEDE PROPORCIONARLE MAY OFFER LEGAL SERVICES TO ELIGIBLE INFORMACION SOBRE AGENCIAS QUE OFRECEN PERSONS AT A REDUCED FEE OR NO FEE. SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO O Lawyer Referral Service NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford Street Lawyer Referral Service Carlisle, PA 17013 Cumberland County Bar Association 717 - 249 -3166 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 � 9163.75 C►� a S3 ?S DOLCHIN, SLOTKIN & TODD, P.C. By: Barry W. Krengel, Esquire Attorney ID #28517 Bkrengel @dolchin.com Two Liberty Place - 35` Floor 50 S. 16' Street Attorney for Plaintiff Philadelphia, PA 19102 215- 665 -3506 SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS 6829 N. 12" Street CUMBERLAND COUNTY Phoenix, Arizona 85014 V. NO.. STACY BUXTON and ERIC BUXTON, h/w 2506 Mallard Way Mechanicsburg, PA 17055 COMPLAINT IN MORTGAGE FORECLOSURE - COMMERCIAL AND NOW comes the plaintiff, SMS Financial XXIX, L.L.C., by and through its undersigned counsel, Dolchin, Slotkin & Todd, P.C., to file this Complaint in Mortgage Foreclosure and, in support thereof, avers as follows: 1. Plaintiff is mortgagee, SMS Financial XXIX, L.L.C., an Arizona limited liability company authorized to do business in Pennsylvania, with its place of business located at 6829 N. 12` Street, Phoenix, Arizona 85014. 2. Defendant mortgagors, Stacy and Eric Buxton, are adult individuals with an address of 2506 Mallard Way, Mechanicsburg, PA 17055, who are the mortgagors and real owners of the mortgaged premises at 1 Commercial Drive, Camp Hill, PA 17001 (the "Property "), the legal description of which is attached hereto as Exhibit "A ". 3. On March 10, 2010, in consideration for a loan in the amount of $315,000.00, defendants made, executed and delivered to plaintiff's assignor, Fulton Bank, a mortgage upon the Property (the "Mortgage "), which was recorded in the Office of the Recorder of Deeds of Cumberland County on March 11, 2010 as Document No. 201006124. A copy of the Mortgage is attached hereto as Exhibit `B ". 4. Said mortgage is related to a commercial loan. 5. Said mortgage was assigned by Fulton Bank to plaintiff and was recorded in the Office of the Recorder of Deeds of Cumberland County on December 12, 2013 as Document No. 201339272. A copy of the Mortgage Assignment is attached hereto as Exhibit "C ". 6. , The Mortgage is in default because the monthly payment of principal and interest upon said mortgage was due on September 10, 2012, is due and unpaid, and by the terms of said Mortgage, upon default of such payment, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 298,620.47 Interest through November 30, 2013 (6.95 %, 8/31/12- 9/9/12; 11.95 %, 9/10/12 to present) $ 43,081.19 Late Fees ($124.06/mo x 15 mos.) $ 1,860.90 Reasonable Attorney's Fees incurred to date $ 1,000.00 TOTAL $ 344,562.56 8. Interest continues to accrue at a per diem rate of $97.77 from November 30, 2013. WHEREFORE, plaintiff demands judgment in mortgage foreclosure in the sum of $344,562.56, together with interest accruing at the rate of $97.77 per day and other expenses incurred by plaintiff which are properly changeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. DOLCHIN, SLOTKIN & TODD, P.C. i w'14 �4a BARRY KRENGEL, ESQ Attorney f r Plaintiff DATE: � 113 1 � f � VERIFICATION I, Jonathan Harris, hereby verify that I am the Manager for plaintiff named in the foregoing Complaint; that I am authorized to take this Verification on plaintiffs behalf; that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 1 JO ATHAN HARRIS DATE: EXHIBIT A t LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block "I ", on the Plan of "Greater Highland Park ", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows, to wit: BEGINNING at the intersection of the Northerly right -of -way line of Pennsylvania State Highway Legislative Route No. 21022 (fifty (50) feet wide) with the Westerly lot Iine of Commercial Drive (sixty (60) feet wide); THENCE extending along the right -of -way line of Pennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road, the four (4) following courses and distances: (1) North eighty-five (85) degrees six (6) minutes West by a line twenty-five (25) feet Northward from and parallel with the center line of said right -of -way, a distance of thirty-two and thirty-one one - hundredths (32.31) feet to a point; (2) South four (4) degrees fifty -four (54) minutes West, a distance of five (5) feet to a point; (3) North eighty-five (85) degrees six (6) minutes West, by a line twenty (20) feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one - hundredths (72.67) feet to the point of curvature in said Northerly right -of -way line; (4) in. a Westerly direction along the are of a curve deflecting to the left having a radius of two thousand five hundred sixty- six and sixty-four one - hundredths (2,566.64) feet to a central angle of no (0) degrees thirty -two (32) minutes one and thirteen one - hundredths (1.13) seconds, the chord of said curve bearing North eighty-five (85) degrees twenty-two (22) minutes West for a distance of twenty-three and ninety-one one - hundredths (23.91) feet to a point; THENCE leaving said Carlisle Road and extending along House No. 1506 Carlisle Road, the property now or late of Raymond R. Kurtz and Catherine B. Kurtz, North eight (8) degrees no (0) minutes twenty (20) seconds West, a distance of one hundred forty-eight and thirty-five one - hundredths (148.35) feet to a point; THENCE extending along land now or late of N.P. Ninneman and Naomi S. Ninneman, his wife, South eighty-eight (88) degrees ten (10) minutes fifty (50) seconds East, a distance of ninety-four and forty-nine one - hundredths (94.49) feet to a point on the westerly lot line of Commercial Drive, South twenty (20) degrees ten (10) minutes no (0) seconds, a distance of one hundred fifty -nine and sixty-two one - hundredths (159.62) feet to the place of BEGINNING.. CONTAINING in area sixteen thousand five hundred fifty and one -tenth (16,550.1) square feet of land. EXHIBIT B Parcel Identification _99-11 Q Number: 13 -23- 0547 -300 RECORDATION REQUESTED BY: Fulton Bank, N.A. Downtown Harrisburg Office One Penn .Square Corporate Address Lancaster, PA 17602 WHEN RECORDED MAIL. TO: Fulton Bank, N.A. Collateral 1695 State Street East Petersburg, PA 17520 FOR RECORDER'S USE ONLY I '00001- 9712337 - 900100040031057 OPEN END MORTGAGE AND SECURITY AGREEMENT (This instrument is an open -end mortgage and secures future advances ,pursuant to 42 Pa. C.S. §'§ 8143 and 8144, Act No. 126 of 1990) MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $315,000.00. Amount Secured Hereby: $315,000.00 THIS MORTGAGE dated March 10, 2010, is made and executed between Stacy Buxton and Eric Buxton, whose address is 2506 Mallard Way, Mechanicsburg, PA 17055 (referred to below as "Grantor ") and Fulton Bank, N.A., whose address is One Penn Square, Corporate Address, Lancaster, PA 17602 (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 MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 2 subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: 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 1 Commercial Drive, Township of Lower Allen, Cumberland County, PA. The Real Property parcel identification number is 13 -23 -0547 -300. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $315,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and. control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as 0 MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 3 previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, 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 not the same was or should have been known to Grantor. The provisions of this section of the Mortgage; including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right;l)o Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably a MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 4 satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any 0 MORTGAGE Loan No: 0001- 9712337 -9001 (Continued) Page 5 work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of 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 insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property . securing the loan, up to the maximum policy limits set under the National Flood Insurance - Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the. Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this P MORTGAGE Loan No: 0001- 9712337 -9001 (Continued) Page 6 Mortgage or any Related Documents, including but not limited to Grantor's 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, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to MORTGAGE Loan No: 0001- 9712337 -9001 (Continued) Page 7 defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 8 for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, 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 on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such. actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 9 Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. 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 within the MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 10 preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) 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 or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be L MORTGAGE Loan No: 0001- 9712337 -9001 (Continued) Page 11 a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non - judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedyrshall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and /or against any other co- maker, guarantor, surety or endorser and /or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to f MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 12 any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by- Lender to any Grantor is deemed to be notice given to all Grantors. ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Note or Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144. (B) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Note; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as MORTGAGE Loan No: 0001- 9712337 -9001 (Continued) Page 13 Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 14 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 Stacy Buxton and Eric Buxton and includes all co- signers and co- makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default ". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. 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 Stacy Buxton and Eric Buxton. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may . cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. ` s MORTGAGE Loan No: 0001 - 9712337 -9001 (Continued) Page 15 Lender. The word "Lender" means Fulton Bank, N.A., its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 10, 2010, in the original principal amount of $315,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether 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. MORTGAGE Loan No. 0001 - 9712337 -9001 (Continued) Page 16 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR. X (Seal) Stacy Buxto X (Seal) ErOftxpq Signed, acknowledged and delivered in the presence of: X Witn ss X Witne s CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Fulton Bank, N.A., herein is as follows: Downtown Harrisburg Office, One Penn Square, Corporate Address, :Lancaster, PA 17602 A orney or Agent for .gee Y v + 9F MORTGAGE Loan 'No; 0001- 97.12337 -9001 (Continued) Page 17 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) / ). SS COUNTY OF On this, the _ day of t t-t 20 Z0, before me, the undersigned Notary Public, personally appeared Stacy ,Eyar Buxton and Eric Buxton, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand offic'a�1s e a COMMONWEAL OF P EN NSYLV ANIA Notarial Seat Stephen M. Reeves, Jr., Notary Public City Of Ha mscutg,t?auphinCounty Notary Public in and for the State of My Commission Expires July 28, 2010 Member, Pennsylvania Assoriation of Notaries -LASER PRO Lending, Ver. 5.448.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2010: A Rights Reserved. PA G. \LPL \COML \CFI \LPL\G03.FC TR -41623 f EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block "I ", on the Plan of "Greater Highland Park ", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows, to wit: BEGINNING at the intersection of the Northerly right -of -way line of Pennsylvania State Highway Legislative Route No. 21022 (fifty (50) feet wide) with the Westerly lot line of Commercial Drive (sixty (60) feet wide); THENCE extending along the right -of -way line of Pennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road, the four (4) following courses and distances: (1) North eighty-five (85) degrees six (6) minutes West by a line twenty-five (25) feet Northward from and parallel with the center line of said right -of -way, a distance of thirty-two and thirty-one one - hundredths (32.31) feet to a point; (2) South four (4) degrees fifty -four (54) minutes West, a distance of five (5) feet to a point; (3) North eighty-five (85) degrees six (6) minutes West, by a line twenty (20) feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one- hundredths (72.67) feet to the point of curvature in said Northerly right -of -way line; (4) in. a Westerly direction along the arc of a curve deflecting to the left having a radius of two thousand five hundred sixty- six and sixty-four one - hundredths (2,566.64) feet to a central angle of no (0) degrees thirty-two (32) minutes one and thirteen one - hundredths (1.13) seconds, the chord of said curve bearing North eighty-five (85) degrees twenty-two (22) minutes West for a distance of twenty-three and ninety-one one - hundredths (23.91) feet to a point; THENCE leaving said Carlisle Road and extending along House No. 1506 Carlisle Road, the property now or late of Raymond R. Kurtz and Catherine B. Kurtz, North eight (8) degrees no (0) minutes twenty (20) seconds West, a distance of one hundred forty-eight and thirty-five one - hundredths (148.35) feet to a point; THENCE extending along land now or late of N.P. Ninneman and Naomi S. Ninneman, his wife, South eighty-eight (88) degrees ten (10) minutes fifty (50) seconds East, a distance of ninety-four and forty-nine one - hundredths (94.49) feet to a point on the westerly lot line of Commercial Drive, South twenty (20) degrees ten (10) minutes no (0) seconds, a distance of one hundred fifty -nine and sixty-two one - hundredths (159.62) feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one -tenth (16,550.1) square feet of land. w " ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY y 1 COURTHOUSE SQUARE CARLISLE, PA 17013 a 717- 240 -6370 Instrument Number - 201006124 Recorded On 3/11/2010 At 10:11:21 AM * Total Pages -19 • Instrument Type - MORTGAGE Invoice Number - 62099 User ID - KW • Mortgagor - BUXTON, ERIC • Mortgagee - FULTON BANK N A • Customer - ASSURED LAND * FEES STATE WRIT TAX $0 .50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $39.50 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 $90.00 I Certify this to be recorded in Cumberland County PA c� evey ,p ° RECORDER O D DS rise * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I 0010w1 f III III IIIIIIII III IIIIII II III EXHIBIT C ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY } 1. COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 Instrument Number- 201339272 Recorded On 1.2/1.2/2013 At 1 :26:44 PM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 1.53033 . User ID - KW * Mortgagor - BUXTON, ERIC * Mortgagee - SMS FINANCIAL XXIX L L C * Customer - SMS FINANCIAL XXIX LLC FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 I Certify this to be recorded in Cumberland County PA �- CIS ° RECORDER O D PE .DS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003UN2. III III�II I IIII�II II I� � II III 003UN2 This Document Prepared By And Upon Recording Return To: Nancy A. Fredrickson SMS Financial XX1X, L. L. C. 6829 North 12' Street Phoenix, AZ 65014 UPI #: i PIN: 13 -23- 0547 -300 AMENDED ASSIGNMENT OF OPEN -END MORTGAGE For valuable consideration, in hand paid, the receipt and adequacy of which bre hereby acknowledged, Fulton Bank National Association,( "Assignor ") of One Penn Square, Corporate Address, Lancaster, PA 17602, pursuant to that certain Power of Attorney dated June 14, 2013 and recorded at Instrument No. 201338594 on December 5, 2013, official records of Cumberland County, Pennsylvania, appointing the undersigned, hereby sells, transfers, assigns and sets over to SMS Financial XXIX, L.L.C. ( "Assignee ") of 6829 North 12' Street, Phoenix, AZ 85014, all of Assignor's right, title and interest in and to the following OPEN -END MORTGAGE, all attendant security agreements, deeds of trust and other collateral as described herein below: That certain Open -End Mortgage dated March 10, 2010, by and !between Stacy Buxton and Eric Buxton, ( "Grantor ") whose address is 2506 Mallard Way, Mechanicsburg, PA 17055 and Fulton Bank, N.A., ( "Lender ") whose address is One Penn Square, Corporate Address, Lancaster, PA 17602 security for a note in the original principal amount of $315,000.00. The Open -End Mortgage was recorded on March 11, 2010 at Instrument No. 201006124, Official Records of Cumberland County, Pennsylvania. Said property address is commonly known as 1 Commercial Drive, Township of Lower Allen, Cumberland County, PA. The Real Property parcel identification number is 13 -23- 0547 -300. See Exhibit "A" Attached Hereto for Legal Description IN NESS HEREOF, Assignor has caused this Assignment to be duly executed as of the day of 1 2013. Assignor: Fulton Bank National Association SMS Financial XXI , LLC — Attorney -in -Fact By SMS Manage ent, LLC it's Manager By: Jonathan HarrisV It's: Manager — --------- - - - -.. STATE OF ARIZONA } )ss. COUNTY OF MARICOPA } On thr ce.iYlep/` 2013, before me appeared Jonathan Harris, personalty k wg by me duly sworn, did say that he is a Manager of SMS Management, LLC. N61:4 Public NANCY A. FREDRICKSON NOtarY M Commission Expires: 8 ,3! /� ,> ','. marlanpa Coun My / l f � ExP�s OW311 0'17 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly comerof Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block "1; on the Plan of "Greater Highland Park", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearing derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows, to wit. BEGINNING at the intersection of the Northerly tight-of-way line of Pennsylvania State Highway Legislative Route No. 21022 (fifty (50) feet wide) with the Westerly lot line of Commercial Drive (sixty ' (60) feet wide); THENCE extending along the right -of -way line of Pennsylvania State Highway Legislative Route No. 21022, known as Carlisle Road, the four (4) following courses and distences: (1) North eighty-five (85) degrees six (6) minutes West by a line twenty -five (25) feet Northward from and parallel with the centerline of said right-of-way, a distance of thirty -two and thirty -one one - hundredths (32.31) feet to a point, (2) South four (4) degrees fifty -four (54) minutes West, a distance of five (5) feet to a point; (3) North eighty -five (85) degrees six (6) minutes West, by a line twenty (20) feet Northward from and parallel with the center lien of said highway, a distance of seventy -two and sixty -seven one - hundredths (72.67) feet to the point of curvature in said Northerly right -of -way line; (4) in a Westerly direction along the acr of a survey deflecting to the left having a radius of two thousand five hundred sixty-six and sixty -four one - hundredths (2,566.64) feet to a central angle of no (0) degrees thirty -two (32) minutes one and thirteen one - hundredths (1.13) seconds, the chord of said curve bearing North eighty -five (85) degrees twenty -two (22) minutes West for a distance of twenty - three and ninety - ninety one - hundredth (23.91) feet to a point; THENCE leaving said Carlisle Road, and extending along House No 1506 Carlisle Road, The property now or late of Raymond R. Kurtz and Catherine B. Kurtz, North eight (8) degrees no (0) minutes twenty (20) seconds West, a distance of one hundred forty -eight and thirty -five one - hundredths (148.35) feet to a point, THENCE extending along and now or late of N. P. Ninneman and Naomi S. Ninneman, his wife, South eighty-eight (88) degrees ten (10) minutes fifty (50) seconds East; a distance of ninety -four and forty -nine one - hundredths (94,49) feet to a point on the westeriy lot line of Commercial Drive, South twenty (20) degrees ten (10) minutes no (0) seconds, a distance of one hundred fifty -nine and sixty-two one- hundredths (159.62) feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one -tenth (16, 550.1) square feet of land. DOLCHIN, SLOTKIN & TODD, P.C. By: Barry W. Krengel, Esquire Attorney ID #28517 Bkrengel @dolchin.com Two Liberty Place - 35th Floor 50 S. 16th Street Philadelphia, PA 19102 215 -665 -3506 tM4ligiR -b {; i If.: .355' CUM)CRLAiJD COUNTY Attorney for Plaintiff SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS 6829 N. 12`'' Street CUMBERLAND COUNTY 1 Phoenix, Arizona 85014 v. NO.: 14 -331 STACY BUXTON and ERIC BUXTON, h/w 2506 Mallard Way Mechanicsburg, PA 17055 PRAECIPE TO REINSTATE COMPLAINT -CIVIL ACTION TO THE PROTHONOTARY: Kindly reissue the Complaint in the above - captioned matter for an additional thirty (30) days. Date: DOLCHIN, SLOTKIN & TODD, P.C. Bv. Barry engel, Esquire Attorne +r Plaintiff auk 1M) j elLi4 SS.cg,1 a)Dsci) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY opf ME ?ERIFF - r' xxs -<,z -. c L � .n .. -0 C-, -- >._ =c:. C cro SMS Financial XXVIII, LLC vs. Stacy L. Buxton (et al.) Case Number 2014 -331 SHERIFF'S RETURN OF SERVICE 01/22/2014 02:50 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Eric Miller, Stepson, who accepted as "Adult Person in Charge" for Stacy L. Buxton at 511 West Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. 01/27/2014 07:23 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric R. Buxton, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 198 Old Schoolhouse Lane, Upper Allen Twp., Mechanicsburg, PA 17055. 03/07/2014 10:39 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Eric Buffington, Step Son, who accepted as "Adult Person in Charge" for Eric R. Buxton at 511 W. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. HA GUTSHALL, DEPUTY SHERIFF COST: $70.95 SO ANSWERS, March 10, 2014 R R ANDERSON, SHERIFF (v? CoultySu to Sheriff, Teleosoft, DOLCHIN, SLOTKIN & TODD, P.C. By: Barry W. Krengel, Esquire Identification Number: 28517 Two Liberty Place, 35th Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 665 -8000 ICS. L.:- i i;_. FR III N3T'Al6 Attorney f o r Plaintiffa ; t ApR 0 Ali (Q :1k 2 UMBERLAND COURT( PENNSYLVANIA SMS FINANCIAL XXIX, LLC v. STACY BUXTON and ERIC BUXTON, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14 -331 PRAECIPE TO ENTER JUDGMENT AGAINST DEFENDANTS TO THE PROTHONOTARY: Please enter Judgment in the above matter by default for want of an Answer against defendants, Stacy and Eric Buxton, h/w, jointly and severally, and assess damages as follows: Principal $344,562.56 I hereby certify that written notice of the intention to file this praecipe was mailed to the parties against whom judgment is to be entered and/or to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of this praecipe, copies of which are attached hereto as Exhibit "A." DOLCHIN, SLOTKIN & TODD, P. C. By: Date:4 1 Lf B Atto y Krengel, Esquire for Plaintiff AND NOW, this ) U day of /r 1 , 2014, Judgment is entered in favor of the plaintiff and against the defendants, jointly and severally, or th ouf $344,562.5•x.. per above statement. othonotary adwxFlto� I�6, am as1 ? led P-# ;0(4 as 1 EXHIBIT A OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PA 17013 DATE OF NOTICE: March 28, 2014 TO: Eric Buxton 511 West Simpson Street Mechanicsburg Borough, PA 17055 SMS FINANCIAL XXVIII, LLC v. STACY BUXTON and ERIC BUXTON, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14 -331 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 USTED DEBE LLEVAR ES I'h DOCUMENTO A SU ABOGADO INMEDIATAMEN 1'E. SI USTED NO TIENE ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA 0 LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABAGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 - 249 -3166 IF YOU HAVE ANY QUESTIONS ING THIS NajITCE, PLEASE CALL: DOLCH I , SLOT KTN & W. Krengel, Esquir Tw. iberty Place - 35'h Floor 50 S. 16`" Street Philadelphia, PA 19102 (215) 665 -3506 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS, CUMBERLAND COUNTY CARLISLE, PA 17013 DATE OF NOTICE: March 28, 2014 TO: Stacy Buxton 511 West Simpson Street Mechanicsburg Borough, PA 17055. SMS FINANCIAL XXVIII, LLC v. STACY BUXTON and ERIC BUXTON, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14 -331 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE -PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 - 249 -3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA 0 LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABAGADO, ESTA . OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO O NINGUN HONORARIO. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 IF YOU HAVE ANY QUESTIONS C9NC R13ThIG THIS NOTICE, PLEASE CALL: DOLL! , SL KIN & TSDD W. Krengel, Esquire Two Liberty Place - 35`h Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 665 -3506 Barry W. Krengel, Esquire blcrengel@dolchin.com Identification No. 28517 Dolchin, Slotkin & Todd, P.C. Two Liberty Place, 35th Floor 50 S. 16th Street Philadelphia, PA 19102 215-665-8000 Attorney for Plaintiff SMS FINANCIAL XXIX, LLC : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION STACY BUXTON and : NO. 14-331 ERIC BUXTON, h/w v. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF PHILADELPHIA The undersigned, being duly sworn, according to law, deposes and says that he represents the Plaintiff in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff; and that the above named defendant, Eric Buxton, is an adult individual; the address of defendant is: 511 West Simpson Street, Mechanicsburg, PA 17055; and that defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the amendments thereto. Date: Sworn to and subscribed before me this tim day of 4Le. , 2014 No ry Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLYN CAMPBELL, Notary Public City of Philadelphia, Phila. County My Commission Expires December 10, 2014 DOLCHIN, SLOTKIN & TODD, P.C. B Krengel, Es orney for Plaintiff Barry W. Krengel, Esquire bkrengel@dolchin.com Identification No. 28517 Dolchin, Slotkin & Todd, P.C. Two Liberty Place, 35th Floor 50 S. 16th Street Philadelphia, PA 19102 215-665-8000 Attorney for Plaintiff SMS FINANCIAL XXIX, LLC v. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION STACY BUXTON and : NO. 14-331 ERIC BUXTON, h/w AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF PHILADELPHIA The undersigned, being duly sworn, according to law, deposes and says that he represents the Plaintiff in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff; and that the above named defendant, Stacy Buxton, is an adult individual; the address of defendant is: 511 West Simpson Street, Mechanicsburg, PA 17055; and that defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the amendments thereto. Date: DOLCHIN, SLOTKIN & TODD, P.C. Sworn,to and subscribed before me this 9Th day , 2014 Ni ary 440-iia/ Public COMMONWEAL1i OF PENNSYLVANIA NOTARIAL SEAL KATHLYN ; CAMPBELL, Notary Public City of Philadelphia, Phila. County My Commission Expires December 10, 2014 arry w &renge!, tpuire Attorney for Plain OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County, Carlisle, PA 17013 Prothonotary To: Eric Buxton 511 West Simpson Street Mechanicsburg, PA 17055 SMS FINANCIAL XXIX, L.L.C. COURT OF COMMON PLEAS v. STACY BUXTON and ERIC BUXTON, h/w, NOTICE CUMBERLAND COUNTY NO.: 14-331 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Judgment by Default 0 Money Judgment O Judgment in Replevin 0 Judgment for Possession 0 Judgment on Award of Arbitration O Judgment on Verdict O Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Barry W. Krengel, Esquire DOLCHIN, SLOTKIN & TODD, P.C. Two Liberty Place 50 S. 16th Street, 35th Floor Philadelphia, PA 19102 (215) 665-3506 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County, Carlisle, PA 17013 Prothonotary To: Stacy Buxton 511 West Simpson Street Mechanicsburg, PA 17055 SMS FINANCIAL XXIX, L.L.C. v. STACY BUXTON and ERIC BUXTON, h/w NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 14-331 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Judgment by Default o Money Judgment LI Judgment in Replevin o Judgment for Possession • Judgment on Award of Arbitration o Judgment on Verdict o Judgment on Court Findings Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Barry W. Krengel, Esquire DOLCHIN, SLOTKIN & TODD, P.C. Two Liberty Place 50 S. 16th Street, 35th Floor Philadelphia, PA 19102 (215) 665-3506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SMS FINANCIAL XXIX, LLC, PLAINTIFF, Civil Action No. 14-331 VS. z STACY BUXTON and ERIC BUXTON,h/w N DEFENDANTS PRAECIPE FOR WRIT OF EXECUTION r-_ To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. Directed to the Sheriff of Cumberland County: 2. Against Stacy Buxton and Eric Buxton, h/w: 3. JUDGMENT $344,562.56 Interest from 4/10/14 to 9/3/14(6.0%) $ 6,891.25 Late Fees ($124.06 mo x 5 mos) $ 620.03 Reasonable Attorney's Fees incurred to date $ 3,000.00 TOTAL $355,073.84 Costs (to be added by Prothonotary): $ z LCHIN, SLOTKIN & TODD, P.C. I - " Barry enge , Esquire 50 S. 1 th treet, Suite 3530 obt Philadelphia, PA 19102 Date: Attorney for Plaintiff ,2-.)S IL 4 DS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SMS FINANCIAL XXIX, LLC, PLAINTIFF, Civil Action No. 14-331 VS. STACY BUXTON and ERIC BUXTON,h/w 3 DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF PHILADELPHIA ) SMS Financial XXVII, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Stacy Buxton and Eric Buxton,h/w, located at 1 Commercial Drive, Camp Hill, PA 17001, and is more fully described as follows: 1. Name and address of reputed owner(s): Stacy Buxton Eric Buxton 511 West Simpson Street 511 West Simpson Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Stacy Buxton Eric Buxton 511 West Simpson Street 511 West Simpson Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SMS Financial XXIX, LLC Commonwealth of Pennsylvania 6829 N. 12th Street Dept. Of Revenue Phoenix, Arizona 85014 Department 280948 Harrisburg, PA 17128-0946 Internal Revenue Service Pennsylvania Dept. Of Revenue 6000 Arch Street Bureau of Compliance Room 3259 Department 280946 Philadelphia, PA 19106 Harrisburg, PA 17128-0946 Internal Revenue Service Lower Allen Township Authority William S. Moorehead 1993 Hummel Avenue Federal Building Advisory Camp Hill, PA 17011 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Metro Bank Fulton Bank,N.A. f/k/a Commerce Bank f/k/a Fulton Bank 3801 Paxton Street One Penn Square Harrisburg, PA 17111 P.O. Box 4887 Lancaster, PA 17604 4. Name and address of the last recorded holder of every mortgage of record: SMS Financial XXIX, LLC 6829 N. 12t'' Street Phoenix, Arizona 85014 5. Name and address of every other person who has. any record lien on their property: SMS Financial XXIX, LLC Commonwealth of Pennsylvania 6829 N. 12t' Street Dept. Of Revenue Phoenix, Arizona 85014 Department 280948 Harrisburg, PA 17128-0946 Internal Revenue Service Pennsylvania Dept. Of Revenue 6000 Arch Street Bureau of Compliance Room 3259 Department 280946 Philadelphia, PA 19106 Harrisburg, PA 17128-0946 Internal Revenue Service Lower Allen Township Authority William S. Moorehead 1993 Hummel Avenue Federal Building Advisory Camp Hill, PA 17011 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Metro Bank Fulton Bank,N.A. f/k/a Commerce Bank f/k/a Fulton Bank 3801 Paxton Street One Penn Square Harrisburg, PA 17111 P.O. Box 4887 Lancaster, PA 17604 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: Unknown 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: Township of Lower Allen Cumberland County Treasurer 1993 Hummel Avenue 1 Courthouse Square Camp Hill, PA 17011 Carlisle, PA 17013 Commonwealth of Pennsylvania-Department Commonwealth of Pennsylvania Of Revenue-Bureau of Individual Taxes Department of Revenue Inheritance Tax Division-Dept 280601 Department 280946 Harrisburg, PA 17128-0601 Harrisburg, PA 17128-0946 Internal Revenue Service Internal Revenue Service 6000 Arch Street William S. Moorehead Room 3259 Federal Building Advisory Philadelphia, PA 19106 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 I verify that the statements made on 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. Section 4904 relating to unsworn falsification to authorities. Bar"Wngel, Esquire Attlaintiff Sworn to an subscribed before mc,this 3plhday of 14, r / , 20134 Notary Pu is COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLYN CAMPBELL,Notary Public City of Philadelphia,Phila.County My Commission Expires December 10,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SMS FINANCIAL XXIX, LLC, PLAINTIFF, Civil Action No. 14-331 VS. STACY BUXTON and ERIC BUXTON,h/w - ua - DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL ESTATE c) TO: ALL PARTIES AND PERSONS IN INTEREST �-- Your real property at 1 Commercial Drive, Camp Hill, PA 17001, is scheduled to be sold at Sheriff's Sale on September 3, 2014 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of$344,562.56 obtained by SMS FINANCIAL XXIX, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent This Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to SMS FINANCIAL XXIX, LLC , the amount of the judgment,plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call Dolchin, Slotkin& Todd, P.C. at 215-665-3506. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full amount due in the Sale. To find out if this has happened yet, you may call the Sheriff's Office at (717) 240- 6390. 4. If the amount due from the buyer is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff within ten(10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OLCHIN, SLOTKIN &TODD, P.C. Barry W. 5f Yngel, Esquire 50S. 16`h Street, Suite 3530 Philadelphia, PA 19102 Attorney for Plaintiff LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 LEGAL DESCRIPTION DOCUMENT NO. 201006124 RECORDED: March 11,2010 SITUATE IN THE TOWNSHIP OF LOWER ALLEN ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block"I",on the Plan of"Greater Highland Park", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading,Pennsylvania, as follows,to wit: BEGINNING at the intersection of the Northerly right-of-way of Pennsylvania State Highway Legislative Route No. 21022 (fifty(50)feet wide)with the Westerly lot line of Commercial Drive (sixty(60)fee wide);THENCE extending along the right-of-way line of Pennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road,the four(4)following courses and distances: (1)North eight-five (85)degrees six(66)minutes West by a line twenty-five (25)feet Northward from and parallel with the center line of said right-of-way, a distance of thirty-two and thirty-one one-hundredths (32.31)feet to a point; (2) South four(4)degrees fifty-four(54)minutes West, a distance of five(5) feet to a point; (3) North eight-five(85)degrees six(6)minutes West, by a line twenty(20) feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one-hundredths(72.67)feet to the point of curvature in said Northerly right-of-way line; (4) in a Westerly direction along the are of a curve deflecting to the left having a radius of two thousand five hundred sixty-six and sixty-four one-hundredths(2,566.64)feet to a central angle of no(0) degrees thirty-two (32)minutes one and thirteen one hundredths (1.13) seconds,the chord of said curve bearing North eighty-five (85) degrees twenty-two (22)minutes West for a distance of twenty-three and ninety-one one-hundredths(23.91)feet to a point; THENCE leaving said Carlisle Road and extending along House NO. 1506 Carlisle Road,the property now or late of Raymond R. Kurtz and Catherine B. Kurtz,North eight(8)degrees no(0)minutes twenty (20) seconds West, a distance of one hundred forty-eight and thirty-five one-hudredths(148.35)feet to a point; THENCE extending along land now or late of N.P.Ninneman and Naomi S.Ninneman,his wife, South eighty-eight(8 8)degrees ten(10)minutes fifty(50) seconds East, a distance of ninety-four and forty-nine one-hundredths(94.49)feet to a point on the westerly lot line of Commercial Drive, South twenty(20)degrees ten(10)minutes no(0) seconds, a distance of one hundred fifty-nine and sixty-two one-hundredths (159.62)feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one-tenth(16,550.1) square feet of land. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SMS FINANCIAL XXIX, LLC, PLAINTIFF, Civil Action No. 14-331 VS. a YJ ) STACY BUXTON and r�' ERIC BUXTON,h/w DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: ERIC BUXTON 511 West Simpson Street Mechancisburg, PA 17055 Your real property at 1 Commercial Drive, Camp Hill, PA 17001, is scheduled to be sold at Sheriff s Sale on September 3, 2014 at 10:00 a.m.,in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of$344,562.56 obtained by SMS FINANCIAL XXIX, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent This Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to SMS FINANCIAL XXIX, LLC , the amount of the judgment,plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call Dolchin, Slotkin &Todd, P.C. at 215-665-3506. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full amount due in the Sale. To find out if this has happened yet, you may call the Sheriff s Office at (717) 240- 6390. 4. If the amount due from the buyer is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff within ten(10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DOLCHIN, SLOTKIN & TODD, P.C. U')" K"-Q ) Barry W.rrengel, Esquire 50 S. 16` Street, Suite 3530 Philadelphia, PA 19102 Attorney for Plaintiff LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 LEGAL DESCRIPTION DOCUMENT NO. 201006124 RECORDED: March 11,2010 SITUATE IN THE TOWNSHIP OF LOWER ALLEN ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block"I", on the Plan of"Greater Highland Park", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows,to wit: BEGINNING at the intersection of the Northerly right-of-way of Pennsylvania State Highway Legislative Route No. 21022 (fifty(50) feet wide)with the Westerly lot line of Commercial Drive(sixty(60)fee wide);THENCE extending along the right-of-way line of Pennsylvania State Highway Legislative Route No. 21022,known as the Carlisle Road,the four(4)following courses and distances: (1)North eight-five (85)degrees six(66)minutes West by a line twenty-five(25)feet Northward from and parallel with the center line of said right-of-way, a distance of thirty-two and thirty-one one-hundredths(32.31) feet to a point; (2) South four(4)degrees fifty-four(54)minutes West, a distance of five(5)feet to a point; (3) North eight-five(85)degrees six(6)minutes West, by a line twenty(20)feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one-hundredths(72.67)feet to the point of curvature in said Northerly right-of-way line; (4) in a Westerly direction along the arc of a curve deflecting to the left having a radius of two thousand five hundred sixty-six and sixty-four one-hundredths(2,566.64)feet to a central angle of no(0)degrees thirty-two(32)minutes one and thirteen one hundredths(1.13) seconds,the chord of said curve bearing North eighty-five(85) degrees twenty-two (22)minutes West for a distance of twenty-three and ninety-one one-hundredths(23.91)feet to a point; THENCE leaving said Carlisle Road and extending along House NO. 1506 Carlisle Road,the property now or late of Raymond R. Kurtz and Catherine B. Kurtz,North eight(8)degrees no(0)minutes twenty (20) seconds West, a distance of one hundred forty-eight and thirty-five one-hudredths(148.35)feet to a point;THENCE extending along land now or late of N.P.Ninneman and Naomi S.Ninneman, his wife, South eighty-eight(88)degrees ten(10)minutes fifty(50)seconds East, a distance of ninety-four and forty-nine one-hundredths(94.49)feet to a point on the westerly lot line of Commercial Drive, South twenty(20)degrees ten(10)minutes no(0)seconds, a distance of one hundred fifty-nine and sixty-two one-hundredths (159.62)feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one-tenth (16,550.1) square feet of land. .. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SMS FINANCIAL XXIX, LLC, PLAINTIFF, Civil Action No. 14-331 VS. STACY BUXTON and ERIC BUXTON, h/w r; DEFENDANTS `J NOTICE OF SHERIFF'S SALE OF REAL ESTATE , TO: STACY BUXTON 511 West Simpson Street Mechancisburg, PA 17055 Your real property at 1 Commercial Drive, Camp Hill, PA 17001, is scheduled to be sold at Sheriffs Sale on September 3, 2014 at 10:00 a.m., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the Court Judgment of$344,562.56 obtained by SMS FINANCIAL XXIX, LLC. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent This Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to SMS FINANCIAL XXIX, LLC , the amount of the judgment,plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call Dolchin, Slotkin&Todd, P.C. at 215-665-3506. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the Sale. (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE . f I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sheriff the full amount due in the Sale. To find out if this has happened yet, you may call the Sheriff's Office at(717) 240- 6390. 4. If the amount due from the buyer is not paid to the Sheriff,the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff within ten (10) days after the date on which the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DOLCHIN, SLOTKIN & TODD, P.C. Barry W. Kr ngel, squire 50 S. 16`'' St eet, Suite 3530 Philadelphia, PA 19102 Attorney for Plaintiff LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1 LEGAL DESCRIPTION DOCUMENT NO. 201006124 RECORDED: March 11,2010 SITUATE IN THE TOWNSHIP OF LOWER ALLEN ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block"I", on the Plan of"Greater Highland Park", in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania,more fully bounded and described by true North bearings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading,Pennsylvania, as follows,to wit: BEGINNING at the intersection of the Northerly right-of-way of Pennsylvania State Highway Legislative Route No. 21022(fifty(50)feet wide)with the Westerly lot line of Commercial Drive(sixty(60)fee wide); THENCE extending along the right-of-way line of Pennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road,the four(4)following courses and distances: (1)North eight-five (85)degrees six(66)minutes West by a line twenty-five (25)feet Northward from and parallel with the center line of said right-of-way, a distance of thirty-two and thirty-one one-hundredths(32.31)feet to a point; (2) South four(4)degrees fifty-four(54)minutes West, a distance of five(5)feet to a point; (3) North eight-five (85)degrees six(6)minutes West, by a line twenty(20)feet Northward from and parallel with the center lien of said highway, a distance of seventy-two and sixty-seven one-hundredths(72.67)feet to the point of curvature in said Northerly right-of-way line; (4) in a Westerly direction along the arc of a curve deflecting to the left having a radius of two thousand five hundred sixty-six and sixty-four one-hundredths(2,566.64)feet to a central angle of no(0)degrees thirty-two (32)minutes one and thirteen one hundredths(1.13) seconds, the chord of said curve bearing North eighty-five(85)degrees twenty-two (22)minutes West for a distance of twenty-three and ninety-one one-hundredths(23.91)feet to a point; THENCE leaving said Carlisle Road and extending along House NO. 1506 Carlisle Road,the property now or late of Raymond R. Kurtz and Catherine B. Kurtz,North eight(8)degrees no (0)minutes twenty (20)seconds West, a distance of one hundred forty-eight and thirty-five one-hudredths (148.35) feet to a point; THENCE extending along land now or late of N.P.Ninneman and Naomi S.Ninneman,his wife, South eighty-eight(88) degrees ten(10)minutes fifty(50)seconds East, a distance of ninety-four and forty-nine one-hundredths (94.49)feet to a point on the westerly lot line of Commercial Drive, South twenty(20)degrees ten(10)minutes no(0) seconds, a distance of one hundred fifty-nine and sixty-two one-hundredths(159.62)feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one-tenth(16,550.1)square feet of land. Of �U THE COURT OF COMMON PLEAS a` CUMBERLAND COUNTY PA o Z DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717)240-6195 1750 www.ccpa.net SMS FINANCIAL XXIX,LLC, Vs. NO 14-331 Civil Term CIVIL ACTION—LAW STACY BUXTON AND ERIC BUXTON,H/W WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $344,562.56 L.L.: $.50 Interest FROM 4/10/14 TO 9/3/14(6.0%)-$6,891.25 Atty's Comm: Due Prothy: Atty Paid: $231.45 Other Costs: LATE FEES($124.06 MO X 5 MOS) -$620.03 ATTORNEY FEES-$3,000.00 Plaintiff Paid: Date: 5/1/14 _ w David D. Buell, Prothonota {Seel) Deputy REQUESTING PARTY: Name: BARRY W. KRENGEL,ESQUIRE Address: DOLCHIN,SLOTKIN& TODD,P.C. 50S. 16 TH STREET,SUITE 3530 PHILADELPHIA,PA 19102 Attorney for: PLAINTIFF Telephone: 215-665-3506 Supreme Court ID No. DOLCIIIN, SLOTKIN & TODD, P.C. By: Barry W. Krengel, Esquire Identification Number: 28517 Two Liberty Place, 35th Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 665-8000 blOF V 1 � rail• FILED—OFFICE Attorney for Plaintiff 2Ojy JUL A;r r,. CUMBERLAND ANIA i A SMS FINANCIAL XXIX, LLC V. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION.- STACY BUXTON and NO. 14-331 ERIC BUXTON; h/w Parcel ID No. 13-24-0547-300 AFFIDAVIT OF SERVICE OF LIEN HOLDER NOTICE OF SHERIFF'S SALE ,OF'REAL ESTATE I hereby declare and affirm that a copy of the Notice of Sheriffs Sale of Real Estate was served Y. on lien holders by United States First Class Mail (P.S. Form 3877) on May 21, 2014 as evidenced by the Certificate of Mailing which is attached hereto. DOLCHIN, SLOTKIN & TODD, P.CV. BA Attorn Sworn toand-subscribed before me this / St day of Ju/y , 2014. COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL KATHLYN CAMPBELL, Notary Public City of Philadelphia, Phila. County My Commission Expires December 10, 2014 KRENGEL, ESQUI r Plaintiff olc 0 S hil Name and Address of Sender hi n Si of ki n & ToddP.C. 16th Street, Ste .3530 ade 1 p h i a , PA 191:02 Check type of mail or service: ❑Adult Signature Required 0 Adglt Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Cb ti Q I�., t• a, ���� m � � i/ d �jSQ Article Number TM Addressee (Name, Street, City, State, 8 ZIP Code ) Postage g Fee Handling Charge if Actua Registered sured Value Due Sender if COD ASR Fee ASRD Fee DC Fee SC Fee SH Fee RD Fee RR Fee 1. Stacy....._Btdx.ton.................__.._.............__.... 5..11._ Wes.t......S.imp.s..on__. Street _...._._._.__......._....__._._ Mechanicsburg., ...P.A:....._._.17.0..5.5......_............._............._........ $ .90 2. Er i G....Buxton......................_...._...................._...._...........__......................._.... 5.1.1._•We.s.t.._.Si..mp..son..... •Me.c.h a.•n i -c-s bu•r•g...,.... _ PA.......... 17055 ............... .90..._.._.:$ . 90 3. Internal Revenue Service _.........____ 6000.-.._ Arch ..__Street ............._._.__..._.._...__.._...._........ Room 3259 Philadelphia, PA 19106 $.90 4. I_ntern.a_l. __Revenue _ Service_ Wm S ._ _Moorehead lad Bldg Adv isory$ . 90 .10 0 Q._..Li_berty__._Aye—.__Rnom_.._7Q4_._____-___. Pittsburgh, PA 1.5222 5. Metro ....lank_ -- — — —: f/k/_.a/ Commerce. Bank-__._...—__-- 380.1._.._Paxton ..._Street ---._..... _._._ Harrisburg, PA 17111 Commonwealth -of Penns.ylvania----_.....__ De.p.t..._ofIRevenue-o__ .... - - - D.e.p.ar_tment_280..948 .___._____._.______.. ___..._......__._......__ Harrisburg, PA 17128-1946 $'90 $.90 ;° r 6. 7. Pennsylvania .Dept.__o.f...B_eve.n.ue.._......._ B.u.r...e.au_ of Complianc.e. _ _ Department_280946_ ............._-.__......__._..._.._.__._..... Harrisburg, PA 17128-0946 Lower ...Allen Township. Authority... 1993 -Hummel Avenue ._.... Camp..... H.i...l_.I...,_. PA...._....1..7.0.1...1..._............_.... J.90 $.90 (I . ti g :, 8. Total Number of Pieces Listed by Sender 8 Total Number of Pieces Received at Post Office 8 Postmaster, Per (Name of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse )ol c 50 S 'hit Name and Address of Sender hi n, Si of k i n & Todd , P.C. 16th St. Ste. 3530 adelphi a, PA 19102 Check type of mail or service: ❑ Adult Signature Required 0 Adalt Signature Restricted Delivery 0 Recorded International ❑ Certified MailDelivery( ❑ COD 0 Re g Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (1l issued or foricate of mailing orforadditional copies of this bill)❑ Postmark and Date of Receipt 1 ' - jam I In u y / Q+ � PS Article Number Addressee (Name, Street, City, State, & ZIP Code TM) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD ASR Fee ASRD Fee DC Fee SC Fee SH Fee RD Fee RR Fee 1. .__L.ower_Al l-e.n_Townski..i..p._A.ut.hor_i ty__.._ _...19.9.3_._Humme_l_.-.Ave.nue.._.—_._.___-____.__._.._.. -Camp---H i-11-.,--FA---1-7011------------.-.- $ .90 2. Fulton Banks N.A, _ __f/ka_Wu1 t_on Bank-__ -_8_______.8_-_- --._ _ __ __One Penn_ .Square -__.P_0, -Box 4887__ RahcaSter::PA 17604 $ .90 3• ..__ .umbe.r._l._a.nd._._C.o_u.nty T_r....ea.s_u.re..r__.._.___. ..__C.o.u_r_th.ouse__..Sq.u.a..r_e_______.._--__ -.C-a r_1 i s. l_e-,---RA--.-17 0.13...._-------- $ -90 4. Commonwealth of PA, Dept of Rev. $ 90 .) .,, a► s = E 0 r 01 c t^ - 0 *0 L ftp i Ti i '"" C 0 spat U r. �, w IReturn Receipt Bur of Indiv. Taxes __ Inheritance Tax Div -Dept. 280601 Harrisburg, PA 17128-0601 5. )( re Req mired 00 `c, ., 'f� 6. 7. -----.—__-.__-----------...--- — — _ ...---- —. .----- Adult Signatuf i .v —1; :� ei) 44 M int tn 8. Total Number of Pieces Listed by Sender 4 Total Number of Pieces Received at Post Office 4. Postmaster, Per (Name of receiving employee) orm 3877, June 2011 (Page 1 of 2) omptete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse DOLCHIN, SLOTKIN & TODD, P.C. By: Barry W. Krengel, Esquire Identification Number: 28517 Two Liberty Place, 35`h Floor 50 S. 16th Street Philadelphia, PA 19102 (215) 665-8000 SMS FINANCIAL XXIX, LLC v. STACY BUXTON and ERIC BUXTON, h/w Attorney for Plaintiff i'fLED-OFFICE OF HE PROTHONOTARY 2 1l JUL -2 AM 10: 08 CUMBERLAND COUNT; PENNS YLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14-331. Parcel ID No. 13-24-0547-300 AFFIDAVIT OF SERVICE OF DEFENDANTS' NOTICE OF SHERIFF'S SALE OF REAL ESTATE I hereby declare and affirm that a copy of the Notice of Sheriffs Sale of Real Estate was mailed to defendants, Stacy Buxton and Eric Buxton on May 21, 2014 by United States First Class Mail and certified mail to the address of 511 W. Simpson Street, Mechanicsburg, PA 17055 as evidenced by Certificate of Mailing (P.S. Form 3877) and certified mail receipt Nos. 7004 1160 4075 5822 and 7004 1 160 0004 4075 5839 which are attached hereto. With respect to the certified mail sent to 511 W. Simpson Street, Mechanicsburg, PA 17044, the mail was returned to sender and marked "unclaimed". The United States First Class Mail addressed to 511 W. Simpson Street, Mechanicsburg, PA 17055 was not returned to sender. DOLCHIN, SLOTKIN & TODD, P.CV. BARRY ' N EL, ESQUIRE Attorney laintiff Sworn to and subscribed befome this / # day of (,j j _ , 2014. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLYN CAMPBELL, Notary Public City of Philadelphia, Phila. County My Commission Expires December 10, 2014 )ol c 50 S 'hil 7 7 Name and Address of Sender h i n , Si of k i n & Todd, P.C. 15th Street -- Sti L8530 a d e l p h i a, PA 19102In Check type of mail or service: - ❑ Adult Signature Required 0 Ada It Signature Restricted Delivery pXCertified Mail• 0 Recorded Delivery (International) COD ❑ Registered 0 Delivery Confirmation ❑ Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation .0 Insured- Affix Stamp Here (If issued asa certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Article Number rM Addressee (Name, Street, City, State, 8 ZIP Code ) Postage g Fee Handling Charge if Actual Value Registered Insured Value Due Sender if COD ASR Fee ASRD Fee DC Fee SC Fee SH Fee RD Fee RR Fee 1. 04 1160 0004 4075 5839 Stacy... Buxton...........___._......_._.__..._.........._._..__..__....... .........._.. 51.1..._West .._..Simpson- ...._Street ..._.-......_...._............._...... Mechanicsburg, PA -'17055 $6.90 2. • )04 1160 0004 4075 5822 E r.._i _c.....B-u_X_t o Cl....... _..........__ .. _...._._..... 5.1.1....__ West .__Simpson. __Street .........___...._.._..__...__....._.__$6.90 Mechanicsburg, PA' 17055 3. 4. * 1 ✓ g � 5. _..._ _.._ — ._..... _ - — - — — Ai Q J Y 1 f `rn -11 �3 t , 114 z.. 6. 7. • Li aas 8 Total Number of Pieces Listed by Sender 2 Total Number of Pieces Received at Post Office 2 Postmaster, Per (Name of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse DOLCHIN, SLOTKIN & TODD, P.C. ATTORNEYS AT LAW JERRY H. DOLCHIN"' MARK I. SLOTKIN' WENDY FEIN COOPER' ARLAN MINTZ KARDON" ELLIS EISEN' BARRY W. KRENGEL SAYDE J. LADOV" IRA W. BUSHMAN JAMES L. PEARL**** ELIZABETH A. GARDINER' MICHAEL D. DOLCHIN* SEAN P. MCCUSKER' 'ALSO ADMITTED IN NJ ••ALSO ADMITTED IN NY '"ALSO ADMITTED IN DC & VA "”ALSO ADMITTED IN DC & NJ ADMITTED ONLY IN DC, VA & MD May 21,2014 Two LIBERTY PLACE 35TH FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PENNSYLVANIA 19102 215-665-8000 Fax: 215-665-1565 www.doichin.com WASHINGTON, DC TELEPHONE 866-554-9500 OF COUNSEL MEYER A. BUSHMAN (RET.) JOEL W. Tnnn (Ret ) CARLOMM REG6. BKRENGELBDOLCHIN.COM DIRECT DIAL NUMBER: 215-665-3506 VIA CERTIFIED MAIL - RR and REGULAR MAIL Eric Buxton 511 West Simpson Street Mechanicsburg, PA 17055 Re: SMS Fnancial XXIX, L.L.C. v. Stacy and Eric Buxton, h/w No. 14-331 (CCP Cumberland County) Dear Mr. Buxton: Enclosed please SMS Financial XXIX, LLC's time -stamped copy of the Praecipe for Writ of Execution for Sheriff's Sale of the property located at 1 Commercial Drive, Camp Hill, PA 17001 which will take place on September 3, 2014 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. BWK/amt Enclosure VIRGINIA OFFICE: 5568 GENERAL WASHINGTON DRIVE SUITE A-217 ALEXANDRIA, VA 22312 866-554-9500 Very truly yours, 1160 0004 4075 D N U.S. Po:StaITServiceTU CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance. Coverage Provided) For delivery information visit our website at www.usps.cdma SSE 4 h OFF C Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees PostmwAt Here Sent to street, Apt. No.; or PO Box No. City, State, ZIP+4 PS Form 3000, -June 2002 See Reverse for Instructi J � DOLCHIN, SLOTKIN & TODD, P.C. ATTORNEYS AT LAW JERRY H. DOLCHIN** MARK I. SLOTKIN' WENDY FEIN COOPER` ARLAN MINTZ KARDON" ELLIS EISEN* BARRY W. KRENGEL SAYDE J. LADOV" IRA W. BUSHMAN JAMES L. PEARL**** ELIZABETH A. GARDINER' MICHAEL D. DOLCHIN' SEAN P. MCCUSKER' 'ALSO ADMITTED IN NJ "ALSO ADMITTED IN NY "'ALSO ADMITTED IN DC & VA ""ALSO ADMITTED IN DC & NJ ADMITTED ONLY IN DC, VA & MD May 21,2014 TWO LIBERTY PLACE 35TH FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PENNSYLVANIA 19102 215-665-8000 Fax: 215-665-1565 www.dolchin.com WASHINGTON, DC TELEPHONE 866-554-9500 OF COUNSEL MEYER A. BUSHMAN (RET.) JOEL W. TODD (RET ) CARLOSMAP 9f RE65: BKRENGELSDOLCHIN.COM DIRECT DIAL NUMBER: 215-665-3506 VIA CERTIFIED MAIL - RR and REGULAR MAIL Stacy Buxton 511 West Simpson Street Mechanicsburg, PA 17055 Re: SMS Fnancial XXIX, L.L.C. v. Stacy and Eric Buxton, h/w No. 14-331 (CCP Cumberland County) Dear Mrs. Buxton: Enclosed please SMS Financial XXIX, LLC's time -stamped copy of the Praecipe for Writ of Execution for Sheriff's Sale of the property located at 1 Commercial Drive, Camp Hill, PA 17001 which will take place on September 3, 2014 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Very truly yours, B B WK/amt Enclosure VIRGINIA OFFICE: 556$ GENERAL WASHINGTON DRIVE SUITE A-217 ALEXANDRIA. VA 22312 866-554-9500 C 1 U.S. Postal Service,. -CERTIFIED MAILTM RECEIPT (Domestic. Mail Only; No Insurance Coverage Provided) For delivery information visit our website. at www.usps:come AL USE FIC Postage Certified Fee Return Redept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To S7ree; Apt No.; or PO Box No. ark ere City, State, ZIP+4 PS Form 3800,.June:2002 609-407-9400 "See"Reverse for Instructions: DOLCHIN, SLOTKIN & TODD, P.C. Two LIBERTY PLACE, 35TH FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PENNSYLVANIA 19102 7niallill!!!!!!!!! -..1.;11..;,:+40....•. 44 Stacy Buxton 511 West Simpson Street D NI7XIE 176 Df:1 RETURN TO SENDER UNCLAIMED .UNABLE TO OR WARD BC1 19102ZS1699. *1119-09521-19-Z2 PITtlEy BOWES 02 1P $ 006.90° 0001908058 MAY 21 2014 MAILED FROM ZIPCODE 19102 0006/19/14 DOLCHIN, SLOTKIN & TODD, P.C. Two LIBERTY PLACE, 35TH FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PENNSYLVANIA 19102 _ 7004 1160.. 0004 4075. 58a2 _ f. Eric Buxton 511 West Simpson Street Mec NI XIE —176 1910202516 DE 1 • / - ,PITC.ICY DOWEL 02 1P $ 006.90° 0001908058 MAY 21 2014 AILED FROM ZIP CODE 19102 RETURN TO SENDER UNCL AIMED UN AB L E TO FORWARD 8C: 1910,225.1699 *1119-09516-1.9-22 4::141:1:41:0I1h:whfidd:hlw1HIthdrht,hhILIild 0006119/14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Q -OFFICE Sheriff R Anderson („ THE PRO1 f TAR Jody Jody S Smith Chief Deputy Richard W Stewart Solicitor ;:OCE F THE SRFREFF 2(e'tii NOV —4 Mi 9: 57 CUPENNSCOUNT/ YLVAN A SMS Financial XXIX, LLC vs. Stacy L. Buxton (et al.) Case Number 2014-331 SHERIFF'S RETURN OF SERVICE 06/16/2014 05:05 PM - Deputy Dawn Kell, being duly sworn according to law, attempted service to the Defendant, to wit: Eric R. Buxton at 511 W. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. The Defendant was found to have moved. 06/16/2014 05:05 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Stacy L. Buxton at 511 West Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 06/16/2014 08:54 PM - Deputy Dawn Kell, 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 1 Commercial Drive, Camp Hill, PA 17001, Cumberland County. 06/25/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Eric R. Buxton, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/10/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Ronald Buxton, Father, who accepted for Eric R. Buxton, at 2401 North 2nd Street, Harrisburg, PA 17110 on 7/2/14 at 10:55 a.m. So Answers: Jeff Teeter, Deputy, Sheriff. 09/03/2014 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, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Barry W. Krengel, on behalf of SMS Financial XXIX, LLC, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,526.25 SO ANSWERS, October 13, 2014 RONNY R ANDERSON, SHERIFF (c) bu.'itySu:ie;Saeri1`. teleosott, lric. INN -Dry Cle.4. .SD U—p— 124m 3j3on On May 14, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Known and numbered as, 1 Commercial Drive, Camp Hill, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 14, 2014 a By: 011 ek-b- 4,11 Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2014-331 Civil SMS FINANCIAL XXDC,' LLC vs. STACY L. BUXTON ERIC R. BUXTON Atty.: Barry W. Krengel DOCUMENT NO. 201006124. RECORDED: March 11, 2010. SITUATE IN THE TOWNSHIP OF LOWER ALLEN. ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block AI@, on the Plan of AGreater Highland Park@, in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bear- ings derived from solar observations of the Pennsylvania Department of Highways, and surveyed by Earle M. Frankhouser Associates, Inc. of Reading, Pennsylvania, as follows, to wit: BEGINNING at the intersection of the Northerly right-of-way of Pennsylvania State Highway Leg- islative Route No. 21022 (fifty (50) feet wide) with the Westerly lot line of Commercial Drive (sixty (60) fee wide); THENCE extending along the right-of-way line of Pennsylvania State Highway Legislative Route No. 21022, known as the Carlisle Road, the four (4) following courses and distances: (1) North eight -five (85) degrees six (66) minutes West by a line twenty-five (25) feet Northward from and parallel with the center line of said right-of-way, a distance of thirty-two and thirty-one one - hundredths (32.31) feet to a point; (2) South four (4) degrees fifty-four (54) minutes West, a distance of five (5) feet to a point; (3) North eight -five (85) degrees six (6) minutes West, by a line twenty (20) feet Northward from and parallel with the center lien of said highway, a distance of seventy- two and sixty-seven one -hundredths (72.67) feet to the point of curvature in said Northerly right-of-way line; (4) in a Westerly direction along the arc of a curve deflecting to the left having a radius of two thousand five hundred sixty-six and sixty-four one -hundredths (2,566.64) feet to a central angle of no (0) degrees thirty- two (32) minutes one and thirteen one hundredths (1.13) seconds, the chord of said curve bearing North eighty-five (85) degrees twenty-two (22) minutes West for a distance of twenty-three and ninety-one one - hundredths (23.91) feet to a 'point; THENCE leaving said Carlisle Road and extending along House NO. 1506 Carlisle Road, the property now or late of Raymond R. Kurtz and Catherine B. Kurtz, North eight (8) degrees no (0) minutes twenty (20) seconds West, a distance of one hun- dred forty-eight and thirty-five one- hudredths (148.35) feet to a point; THENCE extending along land now or late of N.P. Ninneman and Naomi S. Ninneman, his wife, South eighty- eight (88) degrees ten (10) minutes fifty (50) seconds East, a distance of ninety-four and forty-nine one -hun- dredths (94.49) feet to a point on the westerly lot line of Commercial Drive, South twenty (20) degrees ten (10) minutes no (0) seconds, a distance of one hundred fifty-nine and sixty-two one -hundredths (159.62) feet to the place of BEGINNING. CONTAINING in area sixteen thousand five hundred fifty and one- tenth (16,550.1) square feet of land. 26 1 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: July 11, July 18 and July 25, 2014 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. Coyne, yne, 1ditor r'e SWORN TO AND SUBSCRIBED before me this 5 day of July, 2014 Notary i COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 the Patriot -News Co. 900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Lie atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 1900 Patriot Drive, 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. PUBLICATION COPY 2014-331 Civil Term MS FINANCIAL XXIX, LLC vs. STACY L. BUXTON ERIC R. BUXTON Atty: Barry W Krengel DOCUMENT NO. 201006124 RECORDED: March 11, 2010 SITUATE IN THE TOWNSHIP OF LOWER ALLEN ALL THAT CERTAIN lot or piece of ground situate on the Northwesterly corner of Pennsylvania State Highway Legislative Route No. 21022 known as Carlisle Road, and Commercial Drive, in Block AI@, on the Plan of AGreater Highland Park@, in the Township of Lower Alien, County of Cumberland and Commonwealth of Pennsylvania, more fully bounded and described by true North bearings derived from solaF---observations. of • the Pennsylvania Department of Sworn to -an This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 subscribed before me this 20 day of August, 2014 A.D. • • ►� _ 1aff� •tary P • w COMMONWEALTH OF PENNSYLVANIA, NOTARIAL SEAL i Sheryl Marie Leggore, Notary Public 1 Hampden Twp., Cumberland County I My Commission Expires July 16, 20181 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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 SMS Financial XXIX LLC is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 1st day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2014 Number 331, at the suit of SMS Financial XXIX LLC against Stacy Buxton & Eric is duly recorded as Instrument Number 201425403. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ,A.D. n?0/' Recorder of Deeds Record eeds, Cumberland County, Carlisle, PA My Co fission Expires the First Monday of Jan. 2018