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HomeMy WebLinkAbout06-6937FAFILESDATAFILETommerce BankTurrenAl1412.7.complaint Revised: 11/30/06 5:03PM 11412.7 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O 4 6 93 7 CIVIL T7,- CHRISTOPHER J. HALL, ; Defendant IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Cam-,-?- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: o V. 3 0 , 2006 Attorneys for Plaintiff NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams & Otto, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtor/Mortgagor, within thirty days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor/Mortgagor notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS & OTTO Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 * THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. d CIVIL CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, COMMERCE BANK/HARRISBURG N.A., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Commerce Bank/Harrisburg N.A., is a Pennsylvania Banking Corporation with a principal place of business at 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Christopher J. Hall, is an adult individual residing at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. 3. Defendant is the owner of the real property subject to the mortgage described below. 4. On March 9, 2000, Defendant, in consideration of his indebtedness to Plaintiff in the amount of Thirty-Seven Thousand Six Hundred Dollars ($37,600.00), made, executed and delivered to Plaintiff a promissory note in favor of Plaintiff, in the amount of Thirty-Seven Thousand Six Hundred Dollars ($37,600.00) (the "Note"). A true and correct copy of the Note is attached hereto, made a part hereof and marked as Exhibit "A." 5. As security for the performance of his obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the real property located at 99 Mountain Lane, Newburg, Hopewell Township, Cumberland County, Pennsylvania (the "Mortgage"), which Mortgage is recorded in the Office of Recorder of Deeds of Cumberland County in Mortgage Book 1600, Page 470. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "B." 6. The land subject to the Mortgage is known as and numbered as 99 Mountain Lane in Newburg, Cumberland County, Pennsylvania, and is more particularly described in the legal description attached to the Mortgage in Exhibit "B." 7. The Mortgage has not been assigned. 8. Defendant, as terre-tenant, is the real owner of the property and Plaintiff knows of no other persons holding an ownership interest in the property. 9. Beginning with the payment due on July 14, 2006, Defendant has failed to pay Plaintiff the mortgage payment due. 10. Pursuant to the terms of the Note, Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 11. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendant has been accelerated. 12. Whereby, there is now owed a sum of $20,798.99, plus interest, as follows: Principal Balance: $18,780.60 Interest from August 11, 2006 through November 24, 2006: $441.00 Late Payment Charges: $138.36 Court Costs and fees as recoverable under $500.00 the Mortgage terms, estimated Attorney's Fees (10%): $1,878.06 Total Due as of November 24, 2006: $21,738.02 Plus interest accruing at $4.20 per day from November 24, 2006 until the debt is paid in full: $ 13. As of November 24, 2006, the amount due and owing from Defendant is the amount of Twenty-One Thousand Seven Hundred Thirty-Eight and 02/100 Dollars ($21,738.02) plus interest from November 24, 2006, at the rate of Four and 20/100 Dollars ($4.20) per day until the debt is paid in full. 14. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), plaintiff sent a notice of intention to foreclose mortgage and of the mortgage assistance program dated September 18, 2006, to Defendant by certified mail, return receipt requested. A true and correct copy of the Notice and Certified Mail Receipt are attached hereto, made a part hereof and marked as Exhibit "C." 15. Defendant has failed to completely cure the default and failed to meet the time limitations specified in the Notice. 16. The Mortgage attached as Exhibit "B" is a residential mortgage under the provisions of the Act of January 30, 1974, P.L. 13, No. 6, 41 P. S. § 101, et seq., as amended. WHEREFORE, Plaintiff demands of Defendant the sum of Twenty-One Thousand Seven Hundred Thirty-Eight and 02/100 Dollars ($21,738.02) plus interest at the rate of $4.20 per day from November 24, 2006. MARTSON DEARDORFF WILLIAMS & OTTO By OP f_ Christopher E. Rice I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 Date: ?? v . 3 0 (717) 243-3341 2006 Attorneys for Plaintiff R-LFD VFVFR a RLCYCLARLL PROMISSORY NOTL In the shaded area are for Lender's use Borrower: Christopher J. Hall (SSN: 186-50-2556) 99 Mountain Lane Newburg, PA 17240 { ne_--. f and do not limit the applicability of this avv document to any particular loan or Ilem. Lender: Commerce BankMarrlsburg National Association Carlisle Branch Attn: Credit Administration P.O. Box 8599, 100 Senate Avenue Camp Hill PA , 171101-8599 Principal Amount: $37,600.00 Interest Rate: 8.250% Date of Note: March 9, 2( PROMISE TO PAY. 1 promise to pay to Commerce BanWHarrisburg National Association ("Lender"), or order, In lawful money of the Unl States of America, the principal amount of Thirty Seven Thousand Six Hundred b 00/100 Dollars ($37,600,00), together with Interest at the n of 8.250% per annum on the unpaid principal balance from March 14, 2000, until paid In full. PAYMENT. I will pay this loan In 120 payments of $461.35 each payment. My first payment Is due April 14, 2000, and all subsequent paymer are due on the same day of each month after that. My final payment will be due on March 14, 2010, and will bs for all prlnclpal and all sccru Interest not yet paid. Payments Include principal and Interest. Interest on this Note is computed on a 3651365 simple Interest basis; that Is, I applying the ratio of the annual Interest rate over the number of days In a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender mat designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than It Is due. Early payments will no, unless agreed to b Lender In writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance duo and may result In me making fewer payments. LATE CHARGE. If a payment Is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. DEFAULT. 1 will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made tr Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained In this Note or any agreement related to this Note, or In any other agreement or loan 1 have with Lender. (c) Any representation or statement made or furnished to Lender by me of on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver I! appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me any bankruptc Insolv aws, (a Any ries to take any of my property on or In incu des a garnishment of any of y laccoun s) w th Leediertor t(f) Any o the vents described in this deault section Lender has a occurs with or security o an areal. ThI of this Note. respect t y guarenlo If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the twelve ( s. it may event will cue oflsuch default: (aa)curhe the de fault within fifteen (15) daysrorat(b)tif the caure requires more than fifteen (5) days, Immediately Initiate steps whicf Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest Immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if 1 do not pay. I also will pay Lender that amount, This Includes, subject to any limits under applicable law, Lender's anomeys' teas and Lender's legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automata stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, I also will pay any court costs, In addition to all other sums provided by law. If judgment Is entered In connection with this Note, Interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. This Note has been delivered to Lender and accepted by Lander Ir the Commonwealth of Pennsylvania. if there Is a lawsuit, I agree upon Lander's request to submit to the jurisdiction of the courts r Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the laws of it Commonwealth of Pennsylvania. DISHONORED Is later disc onoredEM FEE. I will pay a fee to Lender of $10.00 II I make a payment on my loan and the check or preaulhorized charge with which 1 pay RIGHT OF SETOFF, I grant to Lander a contractual security Interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender all y right title and Interest In and to, y accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security Interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by a Mortgage from Borrower to Lender dated March 9, 2000 on property located at 99 Mountain Lane, Hop( Well Township, Newburg, Pennsylvania. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any othe person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security Interest In thl collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NC AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED, BORROWER: Christopher J. Hall Signed, acknowledged and delivered In the presence of: ?11J? x - --- Witnes! ----------------------- x -- - Imes! ---------- Fl.ad nwlw msinnmwnl. LASER nn0, ice q. US Pwl, ATM al "' J 281 IC12000 CFI Prq.Sw -$, Inc All nghN rw<wn wA nA I 020 EJ 17 OJHA1.00 LN a.OVll Exhibit "A" 6A -CLEDPAPER RECYCLABLE gnk, d,i' 8 RECORDATION REQUESTED BY: Commerce Bank/Harrlsburg National Association Attn: Credit Administration P.O. Box 8599, 100 Senate Avenue Camp Hill, PA 17001-8599 WHEN RECORDED MAIL TO: Commerce Bank/Harrlsburg National Association Attn: Credit Administration P.O. Box 8599, 100 Senate Avenue Camp Hill, PA 17001-8599 O ? -J. 2? v, ,)EEOS r. 'n0 AHR 15 Aft 10 12 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED MARCH 9, 2000, between Christopher J. Hall, whose address is 99 Mountain Lane, Newburg, PA 17240 (referred to below as "Grantor"); and Commerce Bank/Harrisburg National Association, whose address is Attn: Credit Administration, P.O. Box 8599, 100 Senate Avenue, Camp Hill, PA 17001-8599 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): ALL THAT CERTAIN tract of land and Improvements situate In Hope Well Township, Cumberland County Pennsylvania more particularly bounded and described in Exhibit "A" attached hereto The Real Property or Its address is commonly known as 99 Mountain Lane, Newburg, PA 17240. Grantor presently assigns to Lender all of Grantor's right, tite, and interest in and to all 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. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall nave the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor. The word "Grantor" means Christopher J. Hall. The Grantor is the mortgagor under this Mortgage. Guarantor, The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation ail 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 and interest payable under the Note and any amounts expended or advanced by render to discharge obiigations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this tdongage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Commerce Bank/Harrisburg National Association, its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory note or credit agreement dated March 9, 2000, in the original principal amount of $37,600.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, 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. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT ANU 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 in default, Grantor may remain in possession and control of and operate and manage the Property and 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. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Mortgage, shall have the same meanings as set forth in 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, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has been no tr rr use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, Exhibit B under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relatin to su4h?T?ttgrs; and (c) Except as previously disclosed to and acknowledged by A 1 Cr1/ 1 . 4-90% 03-09-2000 MORTGAGE Loan No 400206720 Page 2 (Continued) Lender in writing, (i) 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 waste or substance on, under, about or from the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. 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 waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to 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 of a hazardous waste or substance on the properties. The provisions of this section of the Mortgage, including the obligation to indemnity, 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), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the 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. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the 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 therein; 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 tens 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 Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of Grantor. 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 a 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 all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following 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. It 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 it requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, lr 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. 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 at any time became 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 for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy lirniw sot under the National Flood Insurance Program, or as otherwiso 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 Lenders security is impaired, Lender may, at its election, 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. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender an Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expands in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, 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 (i) the term of any applicable insurance policy or (ii) 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. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. 80Ui(16 _O PAGE .4i WARSANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: (a) Grantor hc' od and marketable title of record to the Property in simple, free and clear of all liens and e )cumbrances other than those set forth in tt ,l Property description or in any title insurance policy, ..,ie report, or final title opinion issued in favor of, and accepted by, Lender in connectir , with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver U3-09-2000 MORTGAGE Page 3 Loan No 400206720 (Continued) 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. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. 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. Proceedings, If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a can 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: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) 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 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) 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 or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the 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 for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal 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. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured parry), from which information concerning the security interest granted by this Mortgage may be ootained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact 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, rallied, 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 (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. 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 appoints Lender as Grantor's attorney-in-tact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. 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. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on 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 payinont nwassngr to prevent filing of or to affect discharge of any lien. Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. False Statements. Any warranty, representation or statement made or fumished to Lender by or on behalf of Grantor under this Mortgage, the Note or the Related Documents is false or misleading in any material respect. either now or at the time made or furnished. Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents 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. Foreclosure, Forfeiture, etc. 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 of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. 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. Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure the Event of Default. eoug l io PACE 72 Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice 03-09-2000 MORTGAGE Loan No 400206720 (Continued) Page 4 demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its 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. Subject to applicable law, Lender shall have the right at its option without notice to Grantor 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 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 designates Lender as Grantor's attomey-in-fact 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 exintod. 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. Nonjudiclal 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 nonjudicial 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 (a) pay a reasonable rental for the use of the Property, or (b) 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. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not considuto a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage. Attorneys' Fen; 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 on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender 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 from the date of expenditure until repaid at the rate provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anficipated 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 TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, N mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving foetal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. 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. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. This Mortgage shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to mterprel or define the provisions 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 Lander in any capacity, without the written consent of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations sated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is 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 any parry of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. 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 any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in 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. eau, _S A PACE 473 03-09-2000 MORTGAGE Page 5 Loan No 400206720 (Continued) GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: X G ???'? ,; t/ (SEAL) Christopher J. Hall Signed, ae owledged nd delivered In the presence of: X _ l Wit - - - X_ Witness owl and delivered in the presence of: X Witness Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Commerce Bank/Harrlsburg National Association, herein is as follows: Attn: Credit Administration, P.O. Box 8599, 100 Senate Avenue, Camp Hill, PA 17001-8599 or Agent for Mongagae INDIVIDUAL ACKNOWLEDGMENT STATE OF /Gf?CJQiyic.Cl ) )SS COUNTY OF_d ? ) On this, the 7 day of /V42,4 u , 2040 , before me 17179t./R / all jjtr the undersigned Notary Public, personally appeared Christopher J. Hall, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained`. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of LASER PRO, Reg. U.S Pat. & T M. Of., Ver. 3.28c (c) 2000 CFI ProSe,ces, Inc. All rights resemed, IPA-GO3 E3.27 F3.27 03HALOO.LN 36.OVLI MY CU,'- f:. k?i her. Per I I , ua „ r f m' u' J t.ln(!$ ,, RJ em 100 PACE .474 LEGAL DESCRIPTION ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home, situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in a stone pile on line of lands now or formerly of Luke B. Herberlig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 36 seconds West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 16 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile; thence by lands now or formerly of L. B. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne, North 55 degrees 17 minutes 50 seconds East, 202.93 feet to a point in the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 60 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.46 feet to an iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.16 feet to an iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East, 298.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed)183.64 feet to an iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.62 feet to an iron pin; thence by the same, South 36 degrees 20 minutes 50 seconds East, 127.49 feet to an iron pin on line of lands now or formerly of Herbert R. Eichelberger; thence by lands now or formerly of Herbert R. Eichelberger, South 66 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the.same, South 66 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. SUBJECT, HOWEVER, to a 10 foot wide right of way running along the Eastern boundary line of the above described premises and lands now or formerly of Jacob Crider to be held in common with the Grantees, their heirs and assigns, and Jay L. Pyne, his heirs and assigns, and also over a certain right of way along the Southern boundary line of the above described premises and other lands now or formerly of Luke B. Heberlig and Mabel W. Heberlig, his wife, to be held in common with the Grantees, their heirs and assigns. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor herein. BouK 16i ?U PAGE 475 CA RLCYCLEUPAPER RFCYCI ABIF E C- Commerce Ban/? September 18. 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific infonnation about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Exhibit "Crr Commerce Bank / Harrisburg. N.A. PO Box 4999 3801 Paxton Street HarnSbLlrq. PA 17111-0999 commercepc.com Commerce CHRISTOPHER J HALL Ban* 99 MOUNTAIN LANE NEWBURG PA 17240 Property Address - 99 MOUNTAIN LANE, NEWBURG, PA 17240 Loan account number - 400206720 Original lender - Commerce Bank/Harrisburg, NA Current Lender/Servicer - Commerce Bank/Harrisburg, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELEGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. Commerce Bank / Harrisburg. N.A PO Box 4999 3801 Paxton Street H?rnshirra, PA 11-111-0999 commercepc.com Commerce APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in def Ban/ the reasons set forth later in this Notice (see following pages for specific informati about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 99 MOUNTAIN LANE, NEWBURG, CUMBERLAND CO IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 7/14/06- $399.64, 8/14/064461.35, 9/14/06- $461.35 & late fees $92.24. TOTAL AMOUNT PAST DUE: $1,414.58 HOW TO CURE THE DEFAULT-You may cure the default within 1-11IRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT FAST l) ommerce ank / Harrisburg. N.A PO Box 4999 3801 Paxton Street H,-irriShOrg_ PA 17111-0999 commerc_epc corn Commerce TO THE LENDER, WHICH IS 51,414.58. PLUS ANY MORTGAGE PAYME: Ban/'C AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Commerce Bank, Harrisburg N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, PA 17001-8599 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Commerce Bank / Harrisburg. N.A. PO Box 4999 3801 Paxton Street Harrisburg. PA 17111-0999 commercepc.com Commerce Ban/ HOW TO CONTACT THE LENDER: Name of Lender: Commerce Bank, Harrisburg N.A. Address: 100 Senate Avenue, P.O. Box 8599 Camp Hill, PA 17001-8599 Phone Number: (717) 760-5204 Fax Number: (717) 972-2867 Contact Person: Angela Masser, Vice President/Asset Quality EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or _X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Commerce Bank / Harrisburg, N.A. PO Box 4999 3801 Paxton Street Harnsburn. PA 17111-0999 commercepc com Commerce CONSUMER CREDIT COUNSELING AGENCIES Bank ADAMS COUNTY LEBANON COUNTY Financial Counseling Services Berks Community Action Program, Inc Natalie Newcomer George Miller (717) 762-3285 (610) 375-7866 BERKS COUNTY Tabor Community Service, Inc. Alliance for Building Communities Mike Weaver Jennifer Smethers (717) 397-5182 (610) 439-7007 x 15 LANCASTER COUNTY Berks Community Action Program Tabor Community Services, Inc George Miller Mike Weaver (610) 375-7866 (717) 397-5182 CUMBERLAND COUNTY PERRY COUNTY Financial Counseling Services Financial Counseling Services Natalie Newcomer Natalie Newcomer (717) 762-3285 (717) 762-3285 Harrisburg Fair Housing Council Harrisburg Fair Housing Council Christine O'Rockey Christine O'Rockey (717) 238-9540 (717) 238-9540 Weatherization Weatherization Maxine Whitsel Maxine Whitsel (814) 643-2343 (814) 643-2343 DAUPHIN COUNTY YORK COUNTY Harrisburg Fair Housing Council Financial Counseling Services Christine O'Rockey Natalie Newcomer (717) 238-9540 (717) 762-3285 Tabor Community Service. Inc. Tabor Community Services. Inc Mike Weaver Mike Weaver (717) 397-5182 (717) 397-5182 FRANKLIN COUNTY Natalie Newcomer Financial Counseling Services (717) 762-3285 Commerce Bank / Harrisburg. N A. PO Box 4999 3801 Paxton Street Harristiuro_ PA 17111-0994 commerrepr com 5 .h i NO C L U G O a d' r m 0' E O X .'p w ¢ U 000 `0 m w HN_1 N CI N U ¢ S 00 I UI f fu']I O ? Q-' O M ni a O co O _D r-q r-a u'1 co 0 r? w cl. Z m O 8 C N 0 V s v ?, dr V v\ 6" OGI m y ? N ? \ • J N LL l1 IL m d C ,? v E 'J 9 ^ O?O .d ? U ¢ y O y '? ?2 2 :N SLLO T60E 2000 09TT 5002 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 in this box • COMMERCE BANK/HARRISBURG, NA 3841 PAXTON STREET HARRISBURG, PA 17111 ASSET RECOVERY m m 'a m E U ?3E .LO a p m R-0 C26 O vi OE (7 ? ? ? U N A N N «L a c E c ° - m? ?e 0 a V C r cV0 O U.? L r°n<o ¦ ¦ ¦ U Se Z m ! m U C Q N f N O N N N O n E W U E 8 O O N c a) >D 1) E O L A 1 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 1:,,1'1t;,:`I;.;lt,,;l:,,?1;,,tt:t::i:;,ll,;l,i1„=,,:i`s;'I;;II VERIFICATION I, Angela Masser, Vice President-Asset Recovery Manager of Commerce Bank/Harrisburg N.A., acknowledge I have the authority to execute this Verification on behalf of Commerce Bank and certify the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint in Mortgage Foreclosure is that of counsel and not my own. I have read the document and to the extent the Complaint in Mortgage Foreclosure is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Commerce Bank/, affisburg N.A. ) Masser C President - Asset Recovery Manager FAFILES\DATAFILE\Commerce Bank\Current\I 1412.7.complaint \? Cw ?+ ??.-1 4J3 ?1J `? .yam r y w.` V 8 t Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O(o -(043'1 NO- &eIVIL TERM CHRISTOPHER J. HALL, Defendant : IN MORTGAGE FORECLOSURE PRAECIPE I hereby certify that a copy of the 10 day notice was mailed to Christopher J. Hall on January 10, 2007, by certified mail, return receipt requested. Attached is a post office return receipt signed by Christopher Hall and dated January 19, 2007, and a copy of the receipt showing the cost of mailing was $4.64. MARTSON LAW OFFICES iz- By 5 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. 1 O u CERTIFIED M AIL,,, s 1-n (Domestic Only; No Insurance Coverage Provided) CO W For delivery info rmation visit ' 11 4 L `1 puslaee $ $0.39 C3- CerNed Fee $2.40 2 O p' O Retum (Endo rsem Redept Feed) ent Require $1.85 ^ ? RestrkKed Delivery Fee (Endorsement Required) $0. O rrl Total Postage & Fees $ $4.64 01/16/ M C3 d m #Aie or No. ?yt --------------- - an: sure zrws -- - - --------------- • Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addrseli" ISo: ?r A. SWwab re 11? ? Agerd tires: B. R by 1 "77) Dqte of to (/9 10 7 D. Is dWvery address dMelent from Item 1? 0 Yes If YES, enter delivery address below: ? No ail 0 Express Mail ReWeyed 13 Retum Receipt for merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? Pit Fee) 0 Yes 2. Artide Number 7003 3110 0004 5772 8550 murwfarfiom aerrfce f?bef) PS Form 3811, Frabruwy 2004 Dwostle Retum Reosipt ? 102895-o2-WIS40 3 % ? ??(?'?iHed mail _, CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES By M. Price T East High Street Carlisle, PA 17013 (717) 243-3341 "'?s/-o I C7 ? C7 ('r'te L.SI r, <. ? CIO MARTSON LAW OFFICES Clrz4r? '(? By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/t1A.KtUZSbUKli N.A., Plaintiff V. CHRISTOPHER J. HALL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON CUMBERLAND COUNTY, PEA NO. 6937 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE OF VANIA Enter default judgment in the above-captioned action in favor of Plaintiff an Defendant in the amount of $21,738.02, plus interest and costs of suit as prayed far Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was Defendant at the address indicated thereon, on January 16, 2007, which date was su the date default occurred and at least ten (10) days prior to the date of the Praecipe, against ithe to the uent to Dated: G?9 -J _ 0 7 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A., Plaintiff V. CHRISTOPHER J. HALL, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI NO. 6937 CIVIL TERM IN MORTGAGE FORECLOSURE OF VANIA IMPORTANT NOTICE TO: CHRISTOPHER J. HALL DATE OF NOTICE: J 99 Mountain Lane, Newburg, PA 17240 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER. APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITI YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST Y YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGN ENTERED AGAINST YOU-WITHOUT A HEARING AND YOU MAY LOSE YOUR P OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O] SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 16, 2007 A WRITTEN THE COURT iU. UNLESS NT MAY BE bPERTY OR DO NOT 35 OFFICE ABLE TO Z LEGAL MARTSON DEARDORFF WILLIAMS & Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This a debt collecting firm. Any information obtained will be used for that purpose. a Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANKMARRISBURG N.A., Plaintiff V. CHRISTOPHER J. HALL, Defendant IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS VANIA NO. 6937 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes ano says that he ledge, has authority to make this affidavit on behalf of his client, and to the best of hi rnitoewdStates information and belief, the Defendant above named is not in the military service of the of America, that he has knowledge that the said Defendant is now living at: 99 Mountain Lane, Newburg, PA 17240. Said Defendant's place of employment is unknown. 4 / Christopher E. Rice, Esquire Sworn to and subscribed before me this6&A_ day of PArgat% , 2007. No Public COMMONWEALIII Of- PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member_ Pernsyl+^?a Association of Notaries Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY VANIA V. NO. 6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes an says that he is an employee of MARTSON, DEARDORFF, WILLIAMS OTTO GILROY & FALL R, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the ennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the D fendant was given to him by mail on February 2, 2007. -??- S Christopher E. Rice, Esquire Sworn to and subscribed before me thi%Ad day of F b vmr- , 2007. tAA,Z 'A ?i No a ublic CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was ser*d this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES By S?Q Dated: )try M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 This a debt collecting firm. Any information obtained will be used for that purpose. 43 O Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A., IN THE COURT OF COMMON PLE S OF Plaintiff CUMBERLAND COUNTY, PENNS*>r VANIA dl., V. NO. 6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE TO: CHRISTOPHER J. HALL, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of February, 2007, the folly 'ng Judgment was entered against you in the above-captioned action: judgment in the ount of $21,738.02, plus interest and costs of suit as prayed for in the Complaint for failure t file an Answer to Plaintiff's Complaint. Date: I hereby certify that the name and address of the proper person to receive this Pa. R. Civ. P. 236 is: under Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 FARLES\DATAFB,E\Commerce Bank\Current\11412.7.pra.writ Revised: 2/15/07 2:07PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of execution in the above matter (1) (2) (3) (4) (5) directed to the Sheriff of Cumberland County; against Defendant, Christopher J. Hall, and enter this writ in the judgment index against Defendant; and execute against the real property in Cumberland County owned by Defendant and located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (a copy of the description is attached hereto). Principal Balance: Interest from August 11, 2006 through November 24, 2006: Plus interest accruing at $4.20 per day as of Nov. 25, 2006, until the debt is paid in full: Late Payment Charges: Court Costs and fees Attorney's Fees: Plus interest accruing at $4.20 per day until the debt is paid in full: Total Balance owed to Plaintiff: $18,780.60 $441.00 $138.36 $1,878.06 DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in a stone pile on line of lands now or formerly of Luke e. Herberilg and Mabel W. Hebertig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 38 seconds West 248.55 feet to a point; thence by the same North 50 degrees 43 minutes 18 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an Iron pin In an existing stone pile; thence by lands now or formerly of L. B. Harry, North 08 degrees 48 minutes 34 seconds West 713.93 A* to a blazed Oak tree; thence by lands now or formerly of Jay Pyne. North 55 degrees 17 minutes 50 seconds East. 202.93 feet to a point In the center of an existing 10 foot wilt dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 80 degrees 59 minutes 24 seconds East 18.11 feet to a point In said road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an Iron pin; thence by the same. South 30 degrees 47 minutes 05 seconds East 122.46 feet to an Iron pin: thence by the same, South 55 degrees 27 minutes 01 second East 102.18 fee to -an Iran pin; thence by the some, South 22 degrees 15 minutes 18 seconds East, 296.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed) 183.84 feet to an Iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an Iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.82 feet to an Iron pin; thence by the some, South 36 degrees 20 minutes 50 seconds East, 127.49 feet to an Iron pin on line of lands now or formerly of Herbert R. Elchelberger; thence by lands now or formerly of Herbert R. Elchelberger, South 86 degrees 45 minutes 24 seconds West, 12 feet to an Iron pin, thence by the-same, South W degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hail, by Deed dated and recorded even date herewith in the Offtce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hail, mortgagor nersin. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. 1.14 .0. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By M rice Ten Eas High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 N RJ -0 VI C C t? h h r4 (fit -n ` Yn _ _, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6937 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaintiff (s) From CHRISTOPHER J. HALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,780.60 L.L. $.50 Interest FROM 8/11/06 THROUGH 11/24/06 - $441.00 -- PLUS INTEREST ACCRUING AT $4.20 PER DAY AS OF 11/25/06 UNTIL THE DEBT IS PAID IN FULL Atty's Comm % Due Prothy $1.00 Atty Paid $127.99 $138.36 -- ATTORNEY'S FEES - $1,878.06 Other Costs LATE PAYMENT CHARGES Plaintiff Paid Date: FEBRUARY 15, 2007 (Seal) M4"27i?)- Cinfis R. Long, Pr otar By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg N.A.,Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (see attached): 1. Name and address of owner: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 2. Name and address of Defendant in the judgment: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 Cumberland County/Hopewell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES ay (2'PA-"C- S A-- Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 15, 2007 Attorneys for Plaintiff DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke B. Herberflq and Mabel W. HeberUg, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 30 seconds West 240.35 feet to a point; thence by the same North 50 degrees 43 minutes 10 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile,, thence by lands now or formerly of L. S. Harry, North 00 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree, thence by lands now or formerly of Jay Pyne. North 55 degrees 17 minutes 50 seconds East, 202.93 feet to a point in the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 80 degrees 59 minutes 24 seconds East 111.11 feet to a point in sold road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an Iron pin; thence by the some. South 30 degrees 47 minutes 05 seconds East 122.40 fell to an Iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.10 fee to -an Iron pin; thence by the same, South 22 degrees 15 minutes 10 seconds East. 298.90 feet to an iron pin; thence by the some, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed)183.64 feet to an iron pin; thence by the some South 01 dsgtes 43 metes 03 seconds East 125.67 feet to an Iron pin; thence by the some, South 24 degrees 09 minutes 01 second End, 117.82 foot to an iron pin; thence by the same, South 30 degrees 20 minutes 50 seconds East 127.40 fee to an Iron pin on Una of lands now or formerly of Herbert R. Eichsiberger, thence by lauds now or formerly of Herbert R. Elchelberger, South 80 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the-same, South 66 dogmas 45 minutes 24 seconds West, 284.90 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Armwood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Oseds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor nerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By r Mar? Price Ten Eat High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. ? cox rte r ; : tT? MM CJl D y7 F:\FILES\DATAFQ.E\Commerce Bank\Current\l 1412.1.7.not.2 Created: 5/9105 9:02AM a- Revised: 2/15/07 2:08PM 11412.7 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on June 13, 2007, by the Cumberland County Sheriff's Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MART'S?ONp LAW OFFICES By: S /,C- Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 15, 2007 As stated in the Complaint fled under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By M N. Price Ten Edst High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. - -j 17r3 ? ? I;J'T. - 2 r? EIS; ' ? ---i ^? c-n Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that written notice of the sale of real property together with a legal description of the track, was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return address of the Plaintiff appearing thereon, to the following: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 There is attached hereto as Exhibit "A, a Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing of said entity. A copy of the Notice of Sale together with all legal descriptions, which was served upon each of the persons or entities named above is attached hereto and marked as Exhibit "B." As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. By C'x" 4-4- ?-' g", - Christopher E. Rice, Esquire Sworn to and subscribed before me this day of uar , 2007. Nota Public C ONWEALI'H OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member. Pennsvivania Assnciation of Notaries u.s POSTA ERVICE CERTIFICATE OF MAILING MAY E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: /fit ?+ ?• S1. NASLER , One piece of ordinary mail addressed to: ! C) tQ e ?R N ? ? V' (` 7I (ry.' 71? C 1 1,s(? L ,' a IU W "70 YO OE? iL)S POSTA PS Form 3817, January 2001 EXHIBIT "A" PTILES\DATAFILETo mlerce Bank\Current\1 1412.1.7.not.2 Created: 519105 9MAM Revised: 2/15/07 2:08PM 11412.7 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANKMARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • n V. NO. 06-6937 CIVIL TERM c' o ??'' ? `? ?1?r1 CHRISTOPHER J. HALL, -- Defendant : IN MORTGAGE FORECLOSURE= C: C) 0 NOTICE OF SHERIFF'S SALE = . OF REAL PROPERTY PURSUANT TO o 4 PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on June 13, 2007, by the Cumberland County Sheriffs Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are EXHIBIT "B" owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSSONp LAW OFFICES By: ( ?I- .t S /'C- Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile hams situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herberiig and Mabel W. Hoberlg. his wife; thence by lands now or formerly of Hebertig North 82 degrees 32 minutes 30 seconds West 246.35 foot to a point; thence by the some North 50 degrees 43 minutes 10 seconds West 273.42 (erroneously 278.42 in prior deed) foot to an iron pin In an existing stone pile; thence by Lands now or formerly of L. S. Hang, North 00 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne. North 55 degree 17 minutes 50 seconds East. 202.93 feat to a point In the center of an existing 10 That wide dirt road; thence along the sold dkt road, and lands now or formerly of Jacob Crider, South 80 degrees 50 minutes 24 seconds East 18.11 feet to a point In said road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104,28 het to an Iron pin; thence by the some. South 30 dogma 47 minutes 05 seconds East 122.40 NO to an Iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.10 for to-an Iron pin; thence by the same, South 22 degrees 13 minutes 18 seconds East. 296.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior dead) 183.84 fist to an Iron pin; thence by the some South 01 dogma 43 minutes 03 seconds East 125.07 feat to an Iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.82 feet to an iron pin; thence by the same, South 30 degrees 20 minutes 50 seconds EssL 127.49 test to an iron pin on Ilne of lands now or formerly of Herbert R. Eichelbergsr, thence by lands now or formerly of Herbert R. Elchelberger, South 86 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the-same, South 80 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.58? acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hail and Sheryl A. Hal, by Deed dated and recorded even date herewith in the OMce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Halt, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By '4r M . Price Ten Mt High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Christopher E. Rice, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES Christopher E. Rice Dated: J-,4-67 C-? ""th ? ?,/ F ? 1 ? (-?'S i s+ ? V? i -,C ? l i^'^} ? - r, ?'= = ' `r - rv?-: _... ? - .. ? ? ?a ;? . ._.,. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A., Plaintiff V. CHRISTOPHER J. HALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0& -&43'7 NO.-6"1*CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Notice of Sheriff s Sale together with a legal description of the tract in the above captioned matter was mailed to Mr. Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania 17240, by certified mail, return receipt requested, on February 21, 2007. Attached is the Post Office return receipt signed by Chris Hall and dated March 7, 2007. MARTSON LAW OFFICES Sworn to and subsc 'bed before me this By CG S i-C- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 day of March, 2007. A&V 9410?,) I - NO Public ONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. price, Notary Public Carllsle Soro, Cumberland Coun My Commission Expires Aug. 18, 2 07 Member, Pennsylvania Association of Notaries This a debt collecting firm. Any information obtained will be used for that purpose. ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A. Sig X--'? B. Received by (Prh1?// ? C. Kfery D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Mall 0 Express Mail Registered 0 Return Reoelpt for Merdrandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery?fflkba Fee) 0 Yes 2. Amide Number (flernilrAom IF irbeq 7003 3110 0004 5772 9120 .n.. PS Form 3811, February 2004 Dornintic Return Receipt t tit ?s?o ; v CERTIFIED MAIL - R ECEIPT ru (Domestic Mail Only; No In suranc e Coverage Provided) Q' F d li i f ti i it b it t or e very n orma on v s o ur we s e a www.usps.comj, Ln Postage $ 5 .34 _ ' `* t ermw Fee $2.40 ` ?'' O M R t R i t F a e um ep ee ec (Endorsement Required) are y. 1:3 r R ResMcted Delivery Fee (Endorsement Required) iSf1, Qfl _ .+ rl rrl 34 b4 " 02I?i/2 )7 Total Postage & Fees $ . M 0 t o O 11 r` q ---------------- -j- 9 n i '- 01y, SWW6 27P+4 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES By M M. Price Dated: This a debt collecting firm. Any information obtained will be used for that purpose ; ? ? ... ? _' T. ? °".. ) t ? ?? ' " ,„.t -:? ?" ^ i ,,. ?- °'?t ?? . N.L C:? SHERIFF'S RETURN - REGULAR CASE NO: 2006-06937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG N A VS HALL CHRISTOPHER J SHANNON SHERTZER Sheriff or Deputy Sheriff' f Cumberland County,Pennsylvania, who being duly sworn acc ]T' ing to law, says, the within COMPLAINT - MORT FORE was served up HALL CHRISTOPHER J the DEFENDANT , at 1928:00 HOURS, on the 21st day of De tuber , 2006 at 99 MOUNTAIN LANE NEWBURG, PA 17240 by handing to CHRISTOPHER HALL a true and attested copy of COMPLAINT - MORT FORE to ther with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 17.60 `'? "y l >v Postage .39 Surcharge 10.00 R. Thomas Kline .00 45 99 12/26/2006 f?a 3/67 MDW&O Sworn and Subscibed to By: before me this day Deputy S IT ff of A.D. Commerce Bank/Harrisburg NA VS Christopher J. Hall In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6937 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1425 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Christopher J. Hall, by making known unto Christopher Hall, personally, at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1425 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher J. Hall, located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Christopher J. Hall, by regular mail to his last known address of 99 Mountain Lane, Newburg, PA 17240. This letter was mailed under the date of April 18, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Christopher Rice. Sheriffs Costs: Docketing 30.00 Poundage 25.12 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 57.60 Levy 15.00 Surcharge 20.00 Law Journal 569.00 Patriot News 476.51 Postpone Sale 40.00 Share of Bills 16.17 ? Airlo'1 $1,280.90 So Answe R. Thomas Kline, Sheriff BY rgeant ReAEstatde? 1'?b c*- I,ac.o9 ,& rg9G9/ i Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg N.A.,Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (see attached): 1. Name and address of owner: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 2. Name and address of Defendant in the judgment: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 Cumberland County/Hopewell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES y Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 15, 2007 Attorneys for Plaintiff DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home s'tuate in the Township of Hope**#. County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin In a stone pile on line of lands now or formerly of Luke B. Herberllg and Mabel W. Hobe ft his wife; thence by lands now or formerly of Heberltg North 82 degrees 32 minutes 30 seconds West 246.55 feet to a poft thence by the same North 50 degrees 43 minutes 10 seconds Wed 273.42 (erroneously 278.42 in prior deed) feet to an Iron pin In an existing stone pile, thence by lands now or formerly of L. B. Harry, North 00 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne. North 55 degrees 17 minutes 30 seconds East. 202.93 feel to a point In the center of an "ding 10 foot wide dirt road; thence along the sold dkt road, and lands now or formerly of Jamb Crider, South 90 degrees 59 minutes 24 seconds Este 18.11 het to a point in sold road; thence by the same. South 79 degrees 59 mkwtes 27 seconds East 104.26 fed to an iron pin; thence by the some, South 30 degrees 47 minutes 05 seconds East 122.46 feel to an Iron pin; thence by the some, South 56 degrees 27 minutes 01 second East 102.16 fee to -an iron pin; thence by the same. South 22 degrees 15 minutes 18 seconds East. 298.90 feet to an Iron pin; thence by the same. South 51 degrees 58 minutes 27 seconds East, (58 mkwtes 27 seconds East erroneously ornitted from prior deed)183.04 het to an Iron pin; thence by the scene South 01 degree 43 minutes 03 seconds Ead 125.07 feet to an kon pin; thence by the same, South 24 degrees 09 minutes 01 second Emd, 117.02 fed to an Iron pin; hence by the same, South 30 degrees 20 minutes 50 seconds East, 127.49 feet to an Mon pin on In of lands now or formerly of Herbert R. ElchelbaMer; thence by lands now or formerly of Herbert R. Elchelberger, South 80 degrees 45 minutes 24 seconds West. 12 fed to on iron pin; thence by the-same, South W degrees 45 minutes 24 seconds West, 284.99 fed to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Armwood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hate and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Wee of the Recorder of Deeds in and for CLrrberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By_A&??) A j (;?)- Mar? Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. FARLESMATAFILETommerce BenkTurrenAl 1412.1.7.not.2 Created: SA9105 9:02AM- Revised: 2/15/07 2:08PM 11412.7 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held on June 13, 2007, by the Cumberland County Sheriff's Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: (21" S /,C-- Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By 9r M Price Ten Edst High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 15, 2007 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with s Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Comtumomwalth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herbodig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 30 second* West 246.55 feel to a point thence by the same North 30 degrees 43 minutes 10 seconds Went 273.42 (erroneously 278.42 in prior deed) feet to an Iron pin In an existing stone pile; thence by lands now or formerly of L. S. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 fief to a blued Oak tree; thence by lands now or formerly of Jay Pyne. North 55 d*Wmw 17 minutes 30 seconds East. 202.93 fell to a point in the center of an existing 10 fact wide dhi road; thence along the saki dirt road, and lands now or formerly of Jamb Crider, South 80 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same. South 79 degrees 59 minutes 27 seconds East 104.28 feet to an Iron pin; thence by the same. South 30 degrees 47 minutes 05 seconds East 122.40 feet to an Iron pin; thence by the same, South 56 degrees 27 minutes 01 second East 102.10 fen to-an Iron pin; thence by the same, South 22 degrees 18 minutes 18 taeconds East. 298.98 feet to an iron pin; thence by the same. South 51 depress 58 minutes 27 seconds East, (58 minutes 27 seconds East eroneously omitted from prior deed) 163.64 feel to an Iron pin; thence by the am* South 01 degree 43 minutes 03 seconds East 128.07 feet to an Iran pin; thence by the same. South 24 degrees 04 minutes 01 second East, 117.02 feet to an km pin; thence by the son, South 30 degrees 20 minutes 50 seconds East. 127.49 feet to an iron pin on In of lands now or form" of Herbert R. ElchalboMer, thence by lends now or formerly of Herbert R. Elchelberger, South W degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the.same, South W degrees 45 minutes 24 seconds west, 234.90 feet to an iron pin In a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S.. dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Half, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for CLrrTberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6937 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANYUHARRISBURG N.A., Plaintiff (s) From CHRISTOPHER J. HALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,780.60 L.L. $.50 Interest FROM 8/11/06 THROUGH 11/24/06-$441.00 --PLUS INTEREST ACCRUING AT $4.20 PER DAY AS OF 11/25/06 UNTIL THE DEBT IS PAID IN FULL Atty's Comm % Due Prothy $1.00 Atty Paid $127.99 $138.36 -- ATTORNEY'S FEES - $1,878.06 Plaintiff Paid Date: FEBRUARY 15, 2007 (Seal) Other Costs LATE PAYMENT CHARGES D C s R. Lon o ary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. e? Itow 0 Real Estate Sale # 64 On March 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 99 Mountain Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2007 By: Real Estate Sergeant 01 :01 b OZ 033 1001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 20, 27 & May 4, 2007 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. ,?,Vsa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 LC'or.`; ?,?i, ,??[uryP-Alit C Coul"'y ?? Maro u° BEAkt. 11 BTATJd Wi NO. d4 Writ No. 2006-8837 Civil Commerce Bank/Harrisburg N.A. vs. Christopher J. Hall Atty.: Christopher Rice DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tau Parcel No. 11-06-0043-078. ALL THAT CERTAIN tract of mountain land improved with a Great lakes mobile home situate in the TowneMp of Hopvwell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at an iron pin in a stone pile on line of lands now or formerly of Luke B. Herberlig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 36 seconds West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 16 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile; thence by lands now or formerly of L. B. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne, North 55 degrees 17 minutes 50 seconds East, 202.93 feet to a point in the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 60 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same, South 79 degrees 59 min- utes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.46 feet to an iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.16 fee to an iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East, 298.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed) 183.64 feet to an iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an iron pin; thence by the same, South 24 de- greet 09 minutes 01 second East, 117.62 feet to an iron pin; thence by the same, South 36 degrees 20 minutes 50 seconds East, 127.49 feet to an iron pin on line of lands now or formerly of Herbert R. Eichelberger; thence by lands now or formerly of Herbert R. Eich- elberger, South 66 degrees 45 min- utes 24 seconds West, 12 feet to an iron pin; thence by the same, South 66 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BE- GINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Chris- topher J. Hall, mortgagor herein. TO BE SOLD AS THE PROP- ERTY OF DEFENDANT ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. y 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#64 .;;"'1101 ..... Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public Of Ha ' burg, Dauphin County // n Expires June 6, 2010 !`/ r svivania A o ' ti of Notaries PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 0 F:T1LES\C1ienW11412 Commerce Bank\ 11412.7A11412.7.pramriQ Revised: 7/18/08 10:06AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please re-issue the writ of execution in the above matter (1) directed to the Sheriff of Cumberland County; (2) against Defendant, Christopher J. Hall, and (3) enter this writ in the judgment index against Defendant; and (4) execute against the real property in Cumberland County owned by Defendant and located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (a copy of the description is attached hereto). (5) Principal Balance: $18,780.60 Interest from August 11, 2006 through November 24, 2006: $441.00 Plus interest accruing at $4.20 per day as of Nov. 25, 2006, until the debt is paid in full: $ Late Payment Charges: $138.36 Court Costs and fees $ Attorney's Fees (estimated): $2,817.09 Plus interest accruing at $4.20 per day until the debt is paid in full: $ Total Balance owed to Plaintiff: $ (6) Please attach Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe to the writ of execution to the sheriff. Direct the Cumberland County Sheriff to execute upon the real property that is owned by the above Defendant at the address set forth herein. * To be determined by the Sheriff of Cumberland County. As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. By Date: July 18, 2008 MARTSON LAW OFFICES Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herberlig and Mabel W. Hebedlg, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 30 seconds West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 18 seconds West 273.42 (erroneously 275.42 in prior deed) feet to an Iron pin in an existing stone pile; thence by lands now or formerly of L. 8. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne. North 55 degrees 17 minutes 50 seconds East. 202.93 feat to a point In the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 80 degrees 59 minutes 24 seconds East 18.11 fist to a point in said road; thence by the same. South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.40 feet to an iron pin; thence by the some, South 55 degrees 27 minutes 01 second East 102.18 few to -on iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East, 298.98 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed) 183.64 feet to an Iron pin; thence by the some South 01 degree 43 minutes 03 seconds East 125.87 feet to an iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.82 feet to an Irw pin; thence by the same, South 30 degrees 20 minutes 50 seconds East 127.49 feet to an Iron pin on One of lands now or formerly of Herbert R. Elchelberger, thence by lands now or formerly of Herbert R. Elchelberger, South 60 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the.same. South 86 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the OMce of the Recorder of Coeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By F? 4 . '?L"j cqest ne A. Decker an High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 18, 2008 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. .C tR .q h vi .C h f-..a , .. C c 7z 5 C t CO mss. u `-?+ ?-' '- c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6937 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaintiff (s) From CHRISTOPHER J. HALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,780.60 L.L. Interest FROM 8/11/06 -11/24/06 - $441.00 - PLUS INTEREST ACCURING AT $4.20 PER DAY AS OF 11/25/06 UNTIL THE DEBT IS PAID IN FULL Atty's Comm % Due Prothy $2.00 Atty Paid $149.49 Other Costs LATE PAYMENT CHARGES - $138.36---- ATTORNEY'S FEES (ESTIMATED) $2,817.09 Plaintiff Paid Date: JULY 18, 2008 (Seal) AA&IL - C s R. Long, otary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg N.A., Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (see attached): 1. Name and address of owner: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 2. Name and address of Defendant in the judgment: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 Cumberland County/Hopewell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Unifund CCR Partners, Assignee of Wachovia National Conv. 10625 Techwoods Circle Cincinnati, OH 45242 and its attorney Gordon & Weinberg 21 South 21" Street Philadelphia, PA 19103 Capital One Bank 6851 Jericho Turnpike #190 Syosset, NY11791 and its attorney James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co. 436 Seventh Aveuene, Suite 2718 Pittsburgh, PA 15219 4. Name and address of the last recorded holder of every mortgage of record: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES I'y (2z4d T <-- Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 18, 2008 Attorneys for Plaintiff DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home s'tuate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herbodlg and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberiig North 82 degrees 32 minutes 38 seconds West 240.55 fell to a point; thence by the same North 50 degrees 43 minutes 10 seconds West 273.42 (erroneously 278.42 In prior deed) feet to an Iron pin in an existing stone pile; thence by lands now or formerly of L. e. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 lest to a blazed Oak tree, thence by lands now or formerly of Jay Pyne. North 55 degrees 17 minutes 50 seconds East. 202.93 feet to a point In the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 80 degrees 59 minutes 24 seconds East 18.11 feet to a point In said road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the some. South 30 degrees 47 minutes 05 seconds East 122.40 feet to an Iron pin; thence by the some, South 58 degrees 27 minutes 01 second East 102.18 fee to -an iron pin; thence by the some, South 22 degrees IS minutes 18 seconds East, 296.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed) 183.84 feet to an Iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an Iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.82 feet to an Iron pin; thence by the same, South 38 degrees 20 minutes 50 seconds East, 127.49 feet to an Iron pin on fine of lands now or formerly of Herbert R. Eichelberger, thence by lands now or formerly of Herbert R. Eichelberger, South W degrees 45 minutes 24 seconds West, 12 feet to an Iron pin; thence by the-same, South 80 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile. the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the OMce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES B c line A. Decker Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 18, 2008 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. {c:xll co , ?' F:\FILES\Clients\11412 Commerce Bank\I 1412.7\11412.1.7.not.3 Created: 519105 9:02AM Revised: 7118108 10:02AM 11412.7 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on December 10, 2008, by the Cumberland County Sheriff's Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: S Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 18, 2008 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home s;tuate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows; BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herberlig and Mabel W. Hebarlig, his wife; thence by lands now or formerly of Heberiig North 82 degrees 32 minutes 38 seconds West 248.55 feet to a point; thence by the same North 50 degrees 43 minutes 18 seconds West 273.42 (erroneously 278.42 In prior deed) feet to an Iron pin in an existing stone pile; thence by lands now or formerly of L. S. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne, North 55 degrees 17 minutes 50 seconds East. 202.93 feet to a point In the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 80 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same. South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.48 feet to an Iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.18 fee to an iron pin; thence by the same, South 22 degrees IS minutes 18 seconds East, 298.90 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted from prior deed) 183.04 het to an Iron pin; thence by the same South 01 degree 43 minutes 03 seconds !cast 125.87 feet to an iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117A2 feet to an Iron pin; thence by the sane, South 38 degrees 20 minutes 50 seconds East, 127.49 feet to an Iron pin on line of lands now or formerly of Herbert R. Ek:helberger, thence by lands now or formerly of Herbert R. Eichelberger, South 88 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the.same, South 88 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Of1cs of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Christopher J. Hall 99 Mountain lane Newburg, PA 17240 MARTSON LAW OFFICES By J. qdt ne A. Decker en High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 18, 2008 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. car t. ) c^ c? n FAFILFS\ClientaV 1412 Comm me Bank\11412.7\11412.7.afl3 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that written notice of the sale of real property together with a legal description of the track, was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return address of the Plaintiff appearing thereon, to the following: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 Capital One Bank 6851 Jericho Turnpike #190 Syosset, NY 11791 James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 Unifund CCR Partners, Assignee of Wachovia National Conv. 10625 Techwoods Circle Cincinnati, OH 45242 Gordon & Weinberg 21 South 21' Street Philadelphia, PA 19103 Cumberland County/Hopewell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 There are attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Forms 3817, confirming mailing to each entity. A copy of the Notice of Sale together with all legal descriptions, which was served upon each of the persons or entities named above is attached hereto and marked as Exhibit "B." As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire Sworn t and subsc bed efore me thi day of , 2008. N 1 blic , v COMMONWEALTH OF PENNSYLVANIA Nom Seal Mary K Pft Notary Pd* Ems, C*WIY 2011 Member, Pennaylvsnla Association of Notaries EXHIBIT "A" U.S. POSTAL SERVICE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, PROVIDE FOR INSURANCE-POSTMASTER Received FromMartson Law Offices 10 East High Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Unifund CCR Partners, Ass` a of2$ Wachovia National Con 10625 Techwoods Circle Cincinnati, OH 45242 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA 17013" i? One piece of ordinary mail addressed to: a Gordon & Weinberg t'- 24 21 South 21st Street'>' Philadelphia, PA 19103 i PS Form 3517, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOElS NOT PROVIDE FORINSURANCE-POSTMASTER Received From: Martson Law Of f i4e `01'- t 10 East High Street -?, -4 Carlisle, PA 1701 One piece of ordinary mail addressed to: Cumberland County/Hope15ell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 PS Form 3517, January 2001 H SLER a O Ct 2 o v' cr, o ' 10 O: co co US POSTAGE1 X HASLER 0 O ?i 2 9 c? O .a 0 of Cpl 10 y t- z w US POSTAGE) N HASLER 0 CI ? _ p CO Uri 3 Cy ..a j, O ? 0 0; 10 cA,} w US POSTAGE U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA 17011 E One piece of ordinary mail addressed to: Cumberland Valley Motolr t 24 Mechanicsburg, PA 17050= PS Form 3517, January 2001 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIJD PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA 17013 !r One Piece of ordinary mail addressed to: Capital One Bank `U 6851 Jericho Turnpike # 119, 0 L7 Syosset, NY 11791 PS Form 3817, January 2001 . rrrr:xir?t? s. n T r ,, .HASLER O D1 cs, o p 00 to W W- US POSTAGE HASLER 0 T t`> 3 U1 3 ?> v, n? O b o a O W W US POSTAGEI 3 J1 U.S. POSTAL SERVICE CERTIFICATE OF MAUJW " MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DQCS } PROVIDE FOR INSURANCE-POSTMASTER f t 6 A Received From: Martson Law Offices 24 10 East High Strut mj""' Carlisle PA 17041, One piece of ordinary mail addressed to: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 PS Form 31111, January ZW-r 4ASwvTLwER 0 „ I P ?I \I 2 CL 'n n "? cs • U1 3 C3 A 0 0 v 0 0; 10 W w US P'OSTAG EXHIBIT "B" F?TILES\Clients\I 1412 Commerce Bank\I 1412.7\11412.1.7.not.3 Created. 59105 9.02AM Revised- 7118108 1002AM 114127 r Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street r.;. Carlisle, PA 17013 (717) 243-3341 r' Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS O Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA , V. NO. 06-6937 CIVIL TERM N) CHRISTOPHER J. HALL, Defendant : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on December 10, 2008, by the Cumberland County Sheriff's Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: July 18, 2008 MARTSOON LAW OFFICES By: (- _ ? S 9---- Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. H -06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hop"A County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke S. Herberiig and Mabel W. Hebodlg, his wife; thence by lands now or formerly of Hebertig North 82 degrees 32 minutes 30 seconds, West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 1s, seconds West 273.42 (erroneously 278.42 in prior deed) feet to an Iron pet In an existing stone pile; thence by lards now or formerly of L. 9. Hurry, North 06 degrees 48 minutes 34 seconds West 713.93 het to a blazed Oak tree; thence by lands now or formerly of Jay Pyne. North 56 degrees 17 minutes 30 seconds East. 202.93 het to a point in the center of an existing 10 foot wide dkt road; thence along the sold dirt road, and lands now or formerly of Jacob Crider, South SO degrees 59 minutes 24 seconds East 18.11 feet to a point In sold road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an Iran pin; thence by the same, South 30 degrees 47 mbwtee 05 seconds East 122.46 feet to an Iron pet; thence by the some. South 56 degrees 27 minutes 01 second East 102.10 fee to an lion pin, thence by the same, South 22 degrees IS minutes 18 seconds East. 298.90 feet to an Iron pin; thence by the some, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omMed from prior deed)183.64 feet to an Iron pin; thence by the some South 01 degree 43 mkwtes 03 seconds East 125.87 feet to an ken pin; thence by the same, South 24 degrees 08 minutes 01 second East, 117.02 feet to an Iron pin; dwwm by the same, South 30 degrees 20 minutes 50 seconds East, 127.49 feet to an iron pin on Ins of lands now or formerly of Herbert R. Elchelberger, thence by lands now or formerly of Herbert R.' Elchslberger. South Bd degrees 45 minutes 24 seconds West, 12 feet to an iron pet; thence by the-same, South 08 degrees 45 minutes 24 seconds west, 264.90 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S.. dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Used dated and recorded even data herewith in the OMce of the Recorder of Deeds in and for Curberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUNIBER,AND TERM. CERTIFICATE OF SERVICE I, Christopher E. Rice, an authorized agent ofMARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES Y• (?!e4lvj ;' 4 Christopher E. Rice Dated: -7 - Zs- O b -? ?., r-;;o C;) ?' -, rte- ;-;??'. tea. , _ - cam" r'. ; ? n,:? ?, " `, ?? ?,. _ :: '? ? .. FARLES\Clients\11412 Coven, Bank\1 1412.7\1 1412.7.aff3 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. HALL, Defendant : NO. 06-6937 CIVIL TERM : IN MORTGAGE FORECLOSURE AFFIDAVIT I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that written notice of the sale of real property together with a legal description of the track, was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return address of the Plaintiff appearing thereon, to the following: Gordon & Weinberg 1001 East Hector Street, Suite 220 Conshohocken, PA 19420-2395 There is attached hereto as Exhibit "A, a Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entity. A copy of the Notice of Sale together with all legal descriptions, which was served upon each of the persons or entity named above is attached hereto and marked as Exhibit "B." As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. Sworn to and subscribed before me this 3 1 s 1" day of A< , 2008. MARTSON LAW OFFICES By: Cz?"?' S . Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Curnbarland County Mir Co mW*ion Expires Aug.18, 2011 Member, Pennsylvania Association of Notarisa Us. rrvs IAL SERVICE TE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FORINSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA 17013 L. One Piece of ordinary mail addressed to: o. Gordon & Weinberg ast ector tree!, Su T-6=707 Conshohocken, PA 19420-2395` PS Form 3817, January 2001 a 0 n C,? ? v p 0 O v o C' 10 05 w Cl) US POSTAG CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES By. ? y M . Price Dated: .7 / 31 /( This a debt collecting firm. Any information obtained will be used for that purpose. 27 r°° I M FAF1LES\Clients\11412 Comrtierce Bank\11412.7\11412.7.aff.4 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6937 CIVIL TERM CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that Praecipe for Writ of Execution, Affidavit Pursuant to Rule 3129. 1, and Notice of Sheriff's Sale, was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return address of the Plaintiff appearing thereon, to the following: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 There is attached hereto as Exhibit "A, a Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entity. As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. MARTSON LAW OFFICES By: < Christopher E. Rice, Esquire Sworn to and subs ribed before me this day of u s ? , 2008. N COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cadw 9om, timberland C * MY Comrrjown Er Aup.18, 2011 Member, Pennsylvenis Associsgon of Nolarios 0" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Mr. Christopher J. Hall a- 99 Mountain Lane iJF Newburg, PA 17240 L 1.4 SLER a, a? f,H = I I co 10 w PS Form 3817, January 2001 r •'`?` S POSTAGE . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 MARTSON LAW OFFICES By: M ?'-// 9 /0Y This a debt collecting firm. Any information obtained will be used for that purpose. c? ?., t- .? ?- ?a? rn ? ? -+ .._ ,?,? -ti . ?_. : _ ? _ j, `?:r . ?_ ? ?.? ?- r':, -? ?- ?.; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Property Ser Inc is the grantee the same having been sold to said grantee on the 10th day of December A.D., ?A2008, under and by virtue of a writ Execution issued on the 18th day of Jam, A.D., 202008, out of the Court of Common Pleas of said County as of Civil aG - Term, civil Number 6937, at the suit of Commerce Bk/Hbg N A against Christopher J Hall is duly recorded as Instrument Number 200901695. IN TESTIMONY WHEREOF, I have hereunto set my hand and sal of said office this cax) day of A.D. Re rder of Deeds Al-'!t4 ds, Cumbnrtlnd County, Car?slo, PA ComMi xpires the First r?t« y of Jan. 2010 Commerce Bank/Harrisburg N.A. VS Christopher J. Hall In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6937 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Christopher J. Hall, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the within defendant, Christopher J. Hall. The property appears abandoned; however, the post office still delivers the defendant's mail to the given address. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 1654 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher J. Hall, located at 99 Mountian Lane, Newburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Christopher J. Hall, by regular mail to his last known address of 99 Mountain Lane, Newburg, PA 17240. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $28,000.00 to Attorney Kim Bonner on behalf of Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $29,976.10. Sheriff s Costs: Docketing $30.00 Poundage 560.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 38.00 Levy 15.00 Surcharge 20.00 Law Journal 551.00 Patriot News 488.42 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $1,881.84 V?n j5AI 14 cI Sul So NilSwers'. /-10' ?;Ow?"o ??? *1*401* f ` R• Kline, Sheri Thomas 4 $?' rgeant. Beal Estate Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA a v. NO. 06-6937 CIVIL TERM O CHRISTOPHER J. HALL Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg N.A., Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania (see attached): 1. Name and address of owner: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 2. Name and address of Defendant in the judgment: Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 Cumberland County/Hopewell Township Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Unifund CCR Partners, Assignee of Wadhovia National Conv. 10625 Techwoods Circle Cincinnati, OH 45242 and its attorney Gordon & Weinberg 21 South 21" Street Philadelphia, PA 19103 Capital One Bank 6851 Jericho Turnpike #190 Syosset, NY 11791 and its attorney James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co. 436 Seventh Aveuene, Suite 2718 Pittsburgh, PA 15219 4. Name and address of the last recorded holder of every mortgage of record: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland Valley Motors 6714 Carlisle Pike Mechanicsburg, PA 17050 I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unworn falsification to authorities. MARTSON LAW OFFICES BY(.. / z/"4d S' /c- Christopher E. Rice, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 18, 2008 Attorneys for Plaintiff DOCKET NO. 06-6937 LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home s;tuate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an Iron pin in a stone pile on line of lands now or formerly of Luke B. Herberitg and Mabel W. Hebeft, his wife; thence by lands now or formerly of Hebertig North 82 degrees 32 minutes 30 seconds West 240.55 feet to a point; thence by the same North 50 degrees 43 minutes 10 seconds West 273.42 (efroneoualy 278.42 In prior deed) feet to an iron pin in an existing stone pile; thence by lands now or formerly of L. 5. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 het to a blazed Oak tree; thence by lands now or formally of Jay Pyne, North 55 depress 17 minutes 50 seconds East, 202.93 fell to a point in the center of an exhft 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jamb Crider, South 80 degrees 59 minutes 24 seconds East 18.11 feet to a point In said road; thence by the some, South 79 degrees 59 minutes 27 seconds East 104.20 fill to an Iron pin; thence by the some, South 30 degrees 47 minutes 05 seconds East 122.40 fell to an iron pin; thence by the some. South 55 degrees 27 minutes 01 second East 102.10 fee to -an Iron pin; thence by the same, South 22 degrees 15 minutes 10 seconds East, 298.90 feet to an iron pin; thence by the same, South 51 degrees 50 minutes 27 seconds East, (58 minutes 27 seconds East erroneously omitted tram pdw deed)183.84 het to an iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an Iron pin; thence by the some, South 24 degrees 09 minutes 01 second East, 117.82 feet to an Iron W. thence by the owns. South 30 degrees 20 minutes 50 seconds East, 127.49 feat to an Iron pin on In of lands now or formerly of Herbert R. Elchelberger; thence by lands now or formerly of Herbert R. Elchelberger, South tl0 degrees 45 minutes 24 seconds West, 12 feet to an iron pin, thence by the-same, South W depress 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Oft o of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor rerein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. a F:\FII,ESTlir'4\11412Cconmerce Bank111412.7\11412.1.7.not.3 • Craned: 5/9/03 9:02AM Revised: 7/18,'08 10: 02AM 11412.7 Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG N.A.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Q V. : NO. 06-6937 CIVIL TERM © CHRISTOPHER J. HALL, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held on December 10, 2008, by the Cumberland County Sheriff s Office, in the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION ofthe property to be sold is 99 Mountain Lane, Newburg, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: NO. 06-6937 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Christopher J. Hall, 99 Mountain Lane, Newburg, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: OX4."? S /Z--- Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 18, 2008 As stated in the Complaint filed under this docket number, this is a debt collecting firm. Any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6937 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY-.1 To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A., Plaintiff (s) From CHRISTOPHER J. HALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,780.60 L.L. Interest FROM 8/11/06 -11/24/06 - $441.00 - PLUS INTEREST ACCURING AT $4.20 PER DAY AS OF 11/25/06 UNTIL THE DEBT IS PAID IN FULL Atty's Comm % Due Prothy $2.00 Atty Paid $149.49 Other Costs LATE PAYMENT CHARGES - $138.36 --- ATTORNEY'S FEES (ESTIMATED) $2,817.09 Plaintiff Paid Date: JULY 18, 2008 (Seal) ?11. /.Is. A?? A s R. Long, notary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. Real Estate Sale # 21 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hopwell Township, Cumberland County, PA Known and numbered as 99 Mountain Lane, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2008 By: Real Estat Sergeant RA= SCHEDULE OF DISTRIBUTION SALE NO. 21 Date Filed: January 9, 2009 Writ No. 2006-6937 Civil Term Commerce Bank/Harrisburg N.A. VS Christopher J. Hall 99 Mountain Lane Newburg, PA 17240 Sale Date: December 10, 2008 Buyer: Central Penn Property Services, Inc. Bid Price: $28,000.00 Real Debt: $18,780.60 Interest: 3,742.20 Attorney Writ Costs: 149.49 Late Payment Fees: 138.36 Attorney Fees: 2,817.09 Total: $25,627.74 DISTRIBUTION: Receipts: Cash on account (08/18/2008): $ 2,000.00 Cash on account (12/10/2008): 2,800.00 Cash on account (12/30/2008): 27,176.10 Total Receipts: $31,976.10 Disbursements: Sheriffs Costs $1,881.84 Legal Search 300.00 Transfer Tax, Local 558.05 Transfer Tax, State 558.05 Cumberland County Tax Claim Bureau 1,499.26 Harry E. Killian, Tax Collector 111.94 Martson Law Offices 2,000.00 Commerce Bank/Harrisburg, NA 25,066.96 Total Disbursements: ($31,976.10) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 21 held December 10, 2008 EFFECTIVE DATE: December 11, 2008 PREMISES: 99 Mountain Lane, Hopewell Township, Cumberland County, Pennsylvania, Tax Parcel No. 11-06-0043-078 (the "Premises") RECITAL: Being the same premises which Christopher J. Hall and Sheryl Ann Hall, husband and wife, by their Deed dated March 9, 2000 and recorded March 15, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 217, Page 664, granted and conveyed unto Christopher J. Hall. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Subject to the spousal rights, if any, of any spouse of Christopher J. Hall. 21. Mortgage in the amount of $37,600.00 from Christopher J. Hall to Commerce Bank/Harrisburg, NA dated March 9, 2000 and recorded March 15, 2000 in Mortgage Book 1600, Page 470. -2- 22. Judgment against Christopher J. Hall in favor of Commerce Bank/Harrisburg, NA in the amount of $21,738.02 entered February 5, 2007 to No. 2006-6937 with respect to the mortgage identified in item 21, above. 23. Verdict against Christopher J. Hall in favor of Cumberland Valley Motors in the amount of $12,500.00 entered July 19, 2005 to No. 2003-5608. 24. Judgment against Christopher J. Hall in favor of Unified CCR Partners in the amount of $9,202.10 entered July 13, 2006 to No. 2006-2616. 25. Judgment against Christopher Hall in favor of Capital One Bank in the amount of $9,114.27 entered July 14, 2006 to No. 2006-2821. 26. Unpaid real estate taxes due a tax claim bureau in the amount of $722.09 together with any additional accrued interest and penalties thereon. 27. Subject to the perpetual Right-of-Way Easement recorded in Misc. Book 665, Page 1107. 28. Subject to the Right-of-Way cited in Deed Book 217, Page 664. 29. Subject to all restrictions, reservations and easements, if any, in the survey by W. L. Arrowood, R.S. dated January 24, 1973 and cited in Deed Book 217, Page 664, but not of record, and any defect in title by reason of said survey not being recorded. 30. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Mountain Lane. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Y Keith O. Brenneman -3- • I. REAL ESTATE SALE NOt 21 Writ No. 2006-6937 Civil Commerce Bank/Harrisburg N.A. vs. Christopher J. Hall Atty.: Christopher E. Rice LEGAL DESCRIPTION Cumberland County Deed Book 21.7, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at an iron pin in a stone pile an line of lands now or formerly of Luke B. Herberlig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 36 seconds West 246.55 feet to a point: thence by the same North 50 degrees 43 minutes 16 seconds West 273.4^_- (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile: thence by lands now or formerly of L. B. Harry. North 06 degrees A8 minutes 34 seconds West 71.3.91" fee: to a blazed Oal- tree; thence by lands now or formerly of jay Pvne. North 55 degrees 17 minutes 50 seconds East. 202.9: feet to a. point in the center of an existing 10 foot wide dirt road: thence along the said dirt road, and lands now or formerly of Jacob Crider, South 60 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road: thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.46 feet to an iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.16 fee to an iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East, 298.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East. (58 minutes 27 seconds East errone- ously omitted from prior deed) 183.64 feet to ar. iron pin; thence by the same South 01 degree 43 r^'r ??*P? M seconas East 125.67 feet to an iron pin:. thence by the same. South 24 degrees 09 minutes 01 second East. 117.62 feet to an iron pin: thence b? the same, South 36 degrees 20 min- utes 50 seconds East, 127.49 feet to an iron pin on line of lands now or formerly of Herbert R. Eichelberger; thence by lands now or formerly of Herbert R. Eichelberger, South 66 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the same, South 66 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survev of V'. L. Ar- rowood. R.S.. dated Januan- 24. 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumber- land Count; , Pennsylvania, granted: and conveyed unto Christopher lial , mortgagor herein. TO BE SOLD AS THE PROPERTY- OF DEFENDANT ON JUDGMEN'1 ENTERED AT THE ABOVE NUMBER AND TERM:. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 14 day of November. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 RAUL IWATZ •AT 0 NO. 21 Writ No. 2006-6937 Civil Commerce Bank/Harrisburg N.A. VS. Christopher J. Hall Atty.: Christopher E. Rice LEGAL DESCRIPTION Cumberland County Deed Book 217, Page 664 Tax Parcel No. 11-06-0043-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at an iron pin in a stone pile on line of lands now or formerly of Luke B. Herberlig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 minutes 36 seconds West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 16 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile; thence by lands now or formerly of L. B. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne, North 55 degrees 17 minutes 50 seconds East, 202.93 feet to a point in the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 60 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same, South 79 degrees 59 minutes 27, seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.46 feet to an iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.16 fee to an iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East, 298.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, (58 minutes 27 seconds East errone- ously omitted from prior deed) 183.64 feet to an iron pin; thence by the same South 01 degree 43 minutes 03 seconds East 125.67 feet to an iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.62 feet to an iron pin; thence by the same, South 36 degrees 20 min- utes 50 seconds East, 127.49 feet to an iron pin on line of lands now or formerly of Herbert R. Eichelberger; thence by lands now or formerly of Herbert R. Eichelberger, South 66 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; thence by the same, South 66 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Ar- rowood, R.S., dated January 24, 1973. BEING the same premises which Christopher J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor herein. TO BE SOLD AS THE PROPERTY OF DEFENDANT ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot News 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 V r\ 11/12/08 rn to ahd, Scribed before me lhiy25 d* of November, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shertie L. Kisnee, Notary Public $$ Ciy?Hart?burg, Dauphin County 6 MY Comrn?ssan Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Eatate Sale No. 21 Writ No. 2oq&4W? CWII Term Commerce Swki+Mtrrisburg N.A. VS Christopher J. Hall Attomey Christopher E. Rice L OAL DESC*NrWN DOCJ€L''FNQ. "37 Ctim>detlaed Conty Deed Boob 217, Page 664 Tax Parcel No. 11-06-OD43-078 ALL THAT CERTAIN tract of mountain land improved with a Great Lakes mobile home situate in the Township of Hopewell, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in a stone pile on line of lands now of formerly of Luke B. Herberlig and Mabel W. Heberlig, his wife; thence by lands now or formerly of Heberlig North 82 degrees 32 mintues 36 seconds West 246.55 feet to a point; thence by the same North 50 degrees 43 minutes 16 seconds West 273.42 (erroneously 278.42 in prior deed) feet to an iron pin in an existing stone pile; thence by lands now or formerly of L. B. Harry, North 06 degrees 48 minutes 34 seconds West 713.93 feet to a blazed Oak tree; thence by lands now or formerly of Jay Pyne, North 55 degrees 17 minutes 50 seconds East, 202.93 feet to a point in the center of an existing 10 foot wide dirt road; thence along the said dirt road, and lands now or formerly of Jacob Crider, South 60 degrees 59 minutes 24 seconds East 18.11 feet to a point in said road; thence by the same, South 79 degrees 59 minutes 27 seconds East 104.28 feet to an iron pin; thence by the same, South 30 degrees 47 minutes 05 seconds East 122.46 feet to an iron pin; thence by the same, South 55 degrees 27 minutes 01 second East 102.16 feet to an iron pin; thence by the same, South 22 degrees 15 minutes 18 seconds East. 298.96 feet to an iron pin; thence by the same, South 51 degrees 58 minutes 27 seconds East, 58 minutes 27 seconds East erroneously c.,titted from prior deed) 183.64 feet to an iron pin; thence by the same, South Of degree 43 ^ 4nutes 03 seconds East 125.67 feet to an iron pin; thence by the same, South 24 degrees 09 minutes 01 second East, 117.62 feet to an iron pin; thence by the same, South 36 degrees 20 mmutes 50 seconds East, 127.49 feet to an iron pin on line of lands now or formerly of Herbert R. Eichelberger, thence by lands now or formerly of Herbert R. Eichelberger, South 66 degrees 45 minutes 24 seconds West, 12 feet to an iron pin; them by the same, South 66 degrees 45 minutes 24 seconds West, 284.99 feet to an iron pin in a stone pile, the place of BEGINNING. CONTAINING 11.562 acres, more or less, as per survey of W. L. Arrowood, RS., dated January 24,1973. BEING the same premises which Chnstopber J. Hall and Sheryl A. Hall, by Deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Christopher J. Hall, mortgagor herein. r" w C"[lam ? a .• Y\ 1 . .; y y,y I ` 'Xi mow co -<