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4. Defendant Cumberland Business Park Associates has an office and principal
place of business at 6570 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania,
and is the owner of the premises as hereinafter described,
5, Defendant. Winding Hill, Inc, is a Pennsylvania corporation with principal
place of business located at 6570 Carlisle Pike. Mechanicsburg, Cumberland County,
Pennsylvania 17055.
6, Defendant, Homestead Service Corporation, is a Pennsylvania corporation
with principal place of business located at 120 South Union Street, Middletown, Dauphin
County, Pennsylvania 17057.
7, Defendant. Federal Deposit Insurance Corporation, (hereinafter referred to
as, "FDIC"), is a corporation organized and existing under the laws of the United Slates, in its
capacity as successor of Resolution Trust Corporation as rec,eiver of Homestead Federal
Savings Association. successor in interest to Homestead Savings Association,
8, Defendant. Cumberland Business Park Associates, is the real owner of the
premises subject to the mortgage below mentioned by virtue of a part of a Deed dated
December 23. 1987. and recorded in Cumberland County Deed Book C-33, Page 710, and a
Deed dated May 2.5. 1988. and recorded in Cumberland County Deed Book J-33. Page 72, and
also part of a Deed dated November I, 1988, and recorded in Cumberland County Deed Book
Q-33, Page 942. and also a Deed dated February 3. 1989. and recorded in Cumberland County
Deed Book U-33. Page 1057,
9. On or about December 17, 1990, the Defendant, Cumberland Business Park
Associates, and its general panners, Defendant, Winding Hill, Inc, and Defendant. Homestead
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Service Corporation, entered into and executed a Mortgage Note (hereinafter referred to as the
"Note") in favor of Homestead Savings Association in the original principal amount of
$4,110,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is
incorporated herein by reference.
10. The obligations of the Note are secured by a mortgage (hereinafter referred
to as the "Mortgage") dated December 17. 1990, and executed by Defendant, Winding Hill,
Inc. and Defendant, Homestead Service Corporation as general partners in Defendant,
Cumberland Business Park Associates in favor of Homestead Savings Association, which was
recorded on December 18. 1990, by the Recorder of Deeds of Cumberland County in Mortgage
Book 999, Page 394. A true and correct copy of the Mortgage, which contains a property
description of the real estate which secured the obligation of the Note, is attached hereto as
Exhibit "B" and incorporated herein by reference,
11, By Order No. 91-520. dated August 30. 1991, (the "OTS Order"), the
Director of the Office of Thrift Suspension, Department of Treasury (the "OTS"), closed
Homestead Savings Association.
12. By the OTS Order, the Resolution Trust Corporation ("RTC") was
appointed as Receiver of Homestead Savings Association (in such capacity, "the Receiver").
13. The Receiver took possession of Homestead Savings Association on August
30, 1991, and succeeded to all the rights. titles. powers and privileges of Homestead Savings
Association pursuant to 12 V.S.C. ~1821 (4) (2). by reference through 12 U.S,C. ~1441a (b)
(4).
14. By lite OTS Order. Homestead Federal Savings Association, a federally
(J\Wp,J)l)l.\rl"'n.llIl.~'MltIl.LAMl'B
chartered mutual savings association, was organized to take over such assets or liabilities of
Homestead Savings Association as the Receiver determined to be appropriate.
IS, On August 30. 1991, the Receiver and Homestead Federal Savings
Association entered into a Purchase and Assumption Agreement whereby Homestead Federal
Savings Association accepted from Receiver an assignment and the Receiver sold, assigned,
transferred, conveyed and delivered to Homestead Federal Savings Association, without
recourse, the right. title and interest of the Receiver in and to certain assets of Homestead
Savings Association, including all assets and claims possessed by Homestead Savings
Association regarding Defendant. Winding Hill, Inc, and Defendant. Homestead Service
Corporation trading and doing business as Cumberland Business Park Associates. the Note and
the Mortgage,
16. By OTS Order. the Director of the OTS appointed RTC as Conservator of
Homestead Federal Savings Association, successor to Homestead Savings Association (in such
capacity, the .Conservator").
17. The Conservator took posses!ion and charge of Homestead Federal Savings
Association on August 30. 1991.
18, By OTS Order. the Director of the OTS appointed RTC as Receiver of
Homestead Federal Savings Association. successor to Homestead Savings Association.
19. On March 16, 1995. RTC, Receiver for Homestead Federal Savings
Association. successor in interest to Homestead Savings Association. entered judgment against
DefendanL~, Winding Hill. Inc. and Homestead Service Corporation, trading and doing
business as Cumberland Business Park Associates, jointly and severally, by confession, in the
G'_WI"I)fIt'n\ll'l.Itt'I,MI\I!JIIL"1.l1'I1
hundred two and tiny-three hundredths feet (S, 85049' 21" W. 102,53') along lands of Trudy
Jo Strasbaugh to an iron pin; thence South eighty-ti.lur degrees twenty-two minutes twenty
seconds West for a distance of one hundred tifty feet (S. 840 22' 20" W, 150') along lands of
William R. Lovell and Sergio Ongelia to an iron pin; thence North nine degrees twenty-seven
minutes forty-six seconds West for a distance of one thousand four hundred thirty-eight and
twenty-three hundredths feet (N, 090 27' 46" W, 1,438,23') along lands recorded in "Graham
Village Plan "B", Plan Book 14, Page II, and" AMP Incorporated, Lot No.2. Plan Book 52,
Page 22" to an iron pin; thence North twenty-seven degrees thirty-six minutes forty-one
seconds East tor a distance of forty-live and twenty-two hundredths feet (N, 170 36' 41" E.
45.22') along lands of same to an iron pin; thence along a curve to the right having a radius of
eleven thousand three hundred tiny-nine and nineteen hundredths feet (11,359.19') and an arc
length of seven hundred eighty-three and eleven hundredths feet (783.11 ') being subtend~d by
a chord of South eighty-five degrees twenty-three minutes zero seconds East for a distance of
seven hundred eighty-two and ninety-live hundredths feet (S. 850 23' 00" E, 782.95') along
lands of the Pennsylvania Turnpike Commission to an iron pin; thence South eighty-three
degrees twenty-four minutes thirty seconds East for a distance of nine hundred sixteen and
lifteen hundredths feet (S, 83024' 30" E, 916.15') along lands of same to an iron pin; thence
South sixteen degrees thirty-tive minutes twenty-four seconds East for a distance of one
thousand two hundred liny-eight and twenty-eight hundredths feet (S, 160 35' 24" E,
1.258.28') along lands of Golf Shoppe Incorporated, Lot No, 2, recorded in Plan Book 34,
Page 54. to an iron pin at lands of Melvin R. Eaton; thence South eighty-eight degrees fifty-six
minutes tifty-seven seconds West for a distance of one hundred eighty-six and sixty hundredths
feet (S. 880 56' 57" W, 186,60') along lands of same and Debra 1.. Steel to an iron pin;
thence South one degree twenty.three minutes three seconds East for a distance of one hundred
sixty-six and lifty hundredths feet (S, 01023' 03" E, 166,50') along lands of same to a parker
kalon nail in the centerline of East Winding Hill Road; thence South eighty-eight degrees fifty-
six minutes tifly-seven seconds West for a distance of forty feet (S. 880 56' 57" W, 40') to a
parker kalon nail in the centerline of said road; thence North one degree twenty-three minutes
three seconds West for a distance of one hundred sixty-six and lifty hundredths feet (N. 010
23' 03" W, 166,50') along lands of Russell J, Walters to an iron pipe; thence South eighty-
eight degrees tiny-six minutes tiny-seven seconds West for a distance of one hundred feet (S,
880 56' 57" W, 100') along lands of same to an iron pipe; thence South seventy-six degrees
eighteen minutes lineen seconds West for a distance of three hundred feet (S. 760 18' 15" W.
300') along lands of Sam Gosnell. Calvin C. Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees forty-eight minutes tifteen seconds West for a distance of one
hundred forty feet (S, 820 48' 15" W, 140') along lands of Robert J, Wentz to an iron pin;
thence South eighteen degrees lifty-six minutes forty-tive seconds East for a distance of one
hundred sixty-eight feet (S. 18056' 45" E, 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty-eight minutes fifteen seconds
West for a distance of sixty-live and twenty-live hundredths feet (S. 820 48' 15" W. 65,25') to
a parker kalon nail in the centerline of said road; thence North eighty-eight degrees lifty-nine
minutes four seconds West for a distance of two hundred sixty-one and sixty-four hundredths
fect (N. 880 59' 04" W. 261.6-;') to a parker kalan nail in the centerline of said road; thence
I, WI"rllll'(I\lnnl'Mllt_U4\l1'1l
North eighty-six degrees thirty-seven minutes twenty-nine seconds West three hundred forty-
seven feet (N. 860 37' 29" W. 347') to a parker kalon nail in the centerline of said road;
thence North eighty-five degrees thirty-six minutes seventeen seconds West for a distance of
seventy-six and twenty hundredths feet (N, 850 36' 17" W, 76.20') along the centerline of said
road to the point of BEGINNING.
TOGETHER with and subject to covenants. easements, and restrictions of record.
CONTAINING 58.1275 acres, more or less.
BEING the same premises which Margaret B, Wentz, widow, by her Deed dated December
23, 1987, and recorded in the Office for the Recording of Deeds in and for Cumberland
County in Deed Book "C", Vol. 33, Page 710, granted and conveyed unto Cumberland
Business Park Associates, A Pennsylvania General Partnership,
TRACT NO.2
ALL that certain tract or parcel of land situate in Upper Allen Townshir, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies at the intersection of land
now or formerly of Ben-Janson, Inc., and of the Mary Ellen Eberly Estate; thence along East
Winding Hill Road South forty-nine degrees twenty-one minutes fifty-seven seconds West
sixty and seventy-seven hundredths feet (S. 49021' 57" W, 60.77') to a point on said road;
thence North nineteen degrees twenty-six minutes tifty-five seconds West two hundred twenty-
four and seventy-one hundredths feet (N, 19026' 55" W, 224,71') to a pin in lands of Mary
Ellen Eberly Estate; thence South seventy-eight degrees forty-four minutes thirteen seconds
West eight hundred ninety-four and thirty hundredths feet (S. 78044' 13" W. 894,30') to a
point in the lands of the Mary Ellen Eberly Estate; thence South sixteen degrees three hundred
fifty-six minutes twenty-four seconds East two hundred sixty and fifty-nine hundredths feet (S,
160 356' 24" E. 260,59') to a point in East Winding Hill Road; thence in and along the same,
along a curve bearing to the right. having a radius of eight hundred sixteen and sixty-five
hundredths feet (816,65'), an arc distance of fifty-one and twellly hundredths feet (51.20') to a
point; thence North along lands now or late of Carl Wentz North sixteen degrees thirty-five
minutes twenty-four seconds West one thousand four hundred twenty-nine and forty
hundredths feet (N, 160 35' 24" W, 1,429,40') to a point; thence South eighty-three degrees
twenty-four minutes thirty seconds East three hundred twenty-seven and eighteen hundredths
feet (S, 830 24' 30" E. 327,18') to a point; thence South seventy-four degrees seven minutes
fifty-five seconds East three hundred three and ninety-eight hundredths feet (S. 740 07' 55" E,
303.98') to a point; thence South thirty-eight degrees twenty-four minutes thirty seconds East
three hundred ninety and thirty-two hundredths feet (S, 380 24' 30" E, 390.32') to a point;
thence South eighty-three degrees twenty-four minutes thirty seconds East two hundred eighty-
one feet (S, 830 24' 30" E, 281') to a point; thence North eighteen degrees fifty-four minutes
fifty-four seconds East forty and twenty-eight hundredths feet (N, 18054' 54" E, 40,28') to a
(J'W"'I)(I('nVFlII"n;'-4Rflll_"~I'11
point at lands now or formerly of Ben-Janson. Inc,; thence South nineteen degrees twenty-six
minutes fifty-five seconds East seven hundred twenty-five and sixty-one hundredths feet (S,
19026' 55" E, 725.61 ') to a point of East Winding Hill Road, the place of BEGINNING,
UNDER AND SUBJECT to certain easements as indicated on Lot No, 2 and being Lot No,
2. Plan of Lots prepared by Michael C, DeAngelo, Registered Surveyor, and recorded in
Cumberland County Plan Book :34, Page 54.
BEING the same premises which The Golf Shoppe, Inc,. a/k/a Golf Shoppe, Inc., a
Pennsylvania Corporation by its Deed dated May 25. 1988, and record~d in the Office for the
Recording of Deeds in and for Cumberland County in Deed Book "J". Vol. 33. Page 72,
granted and conveyed unto Cumberland Business Park Associates, a Pennsylvania General
Partnership,
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township. Cumberland County.
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or
formerly of Mary Ellen Eberly Estate; thence North sixteen degrees thirty-five minutes
twenty-four seconds West two hundred sixty and fifty-nine hundredths feet (N, 160 35' 24"
W, 260,59') to a point; thence along other lands now or formerly of Cumberla'ld Business
Park Associates North seventy-eight degrees forty-four minutes thirteen seconds East eight
hundred ninety-four and thirty hundredths feet (N, 78044' 13" E. 894.30') to a point; thence
continuing along the lands now or formerly of Cumberland Business Park Associates South
nineteen degrees twenty-six minutes fifty-five seconds East two hundred twenty-four and
seventy-one hundredths feet (S, 19026' 55" E, 224,71') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a radius of seven hundred ten feet (710'), an arc distance of four hundred forty and five
hundredths feet (440,05') to a point; thence continuing along said Winding Hill Road South
eighty-six degrees one minute thirty-five seconds West one hundred eighty.seven and forty-two
hundredths feet (S, 86001' 35" W, 187,42') to a point in East Winding Hill Road; thence
continuing by a course in East Winding Hill Road by a curve with a radius of one thousand
one hundred ninety-seven and sixty.one hundredths feet (1,197,61') and an arc distance of
ninety-nine and ninety-four hundredths feet (99.94') to a point; thence continuing by a course
in said East Winding Hill Road South eighty-one degrees fourteen minutes forty-two seconds
West one hundred fifty-one and sixty hundredths feet (S, 810 14' 42" W, 151.60') to a point
in East Winding Hill Road; thence continuing in East Winding Hill Road by a curve having a
radius of eight hundred sixteen and sixty-five hundredths feet (816,65') and an arc of thirty-
nine and forty-seven hundredths feet (39,47') to a point and place of BEGINNING,
BEING Lot No. 1 of a Final Subdivision Plan for the Mary Ellen Eberly Estate. surviving
administrator, dated September 13. 1978, and recorded in the Office of the Recorder of Deeds
I, '4'l"lIoce)Vnrcl'MlIUIl,.\MI'R
in and for Cumberland County, Pennsylvania. in Plan Book 34-A, Page 54,
CONTAINING 5,790 acres, more or less,
BEING the same premises which Joseph W, Eherly and Marjorie A, Pugh. individually and as
sole heir in her capacity as Administratrix of the Estlle of Ruth A. Bitner. deceased, by their
Deed dated November 1. 1988. and recorded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book "Q", Vol. 33. Page 942, granted and conveyed unto
Cumberland Business Park Associates. a Pennsylvania General Partnership,
TRACT NO.4
ALL that certain piece or parcel of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Firull Resubdivision Plan
for AMP. Inc., dated August 23. 1988, recorded in Cumherland County Plan Book 56, Page
24, more particularly bounded and described as follows:
BEGINNING at a point in the center of South Market Strcet (Route No. 114), said point
being approximatcly one thousand four hundred feet (1,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minutes forty-eight seconds West a distance of sixty feet (N. 260 1\' 48" W. 60') to a point;
thence through lands now or formcrly of AMP incorporated. North sixty-three degrees fift)'-
eight minutes two seconds E3st a distance of one hundred ninety and f(>rly-nine hundredths feet
(N, 630 58' 02" E. 190,49') to a point; thcnce by same North eighty-three degrees twenty-
eight minutes forty-two seconds East a distance of two hundred ninety-seven and sixty-four
hundredths feet (N. 830 28' 42" E, 297,64') to a point; thence by the same and a curve to the
left having a radius of onc hundred Iifteen feet (115') an arc length of ninety-four and fifty
hundredths feet (94,50') to a point; thence by the same North thirty-six degrees twenty-three
minutes thirty-eight seconds East a distance of ninety-three and thirty-four hundredths feet (N.
360 23' 38" E. 93,34') to a point; thence by the same and a curve to the right having a radius
of one hundred eighty-five feet (185'), an arc length of one hundred forty-two and forty-three
hundredths feet (\42,43') to a point; thence by the same North eighty degrees thirty minutes
twenty-two seconds East a distance of two hundred feet (N, 800 30' 22" E. 200') to a point at
lands now or formerly of Carl Wentz; thence along the same South nine degrees twenty-nine
minutes thirty-eight seconds East a distance of sixty feet (S, 090 29' 38" E, 60') to a poin!;
thence along Lot No. 50, Graham Village Plan Book 14. Page 11. and the end of the right-of-
way for Reynolds Street South eighty degrees thirty minutes twenty-two seconds West a
distance of two hundred feet (S, 800 30' 22" W, 200') to a point; thence through lands now or
formerly of AMP Incorporated, by a curve to the left having a radius of one hundred twenty-
five feet (125'). an arc length of ninety-six and twenty-four hundredths feet (96,24') to a point;
thence by the same South thirty-six degrees twenty-three minutes thirty.eight seconds West a
distance of ninety-three and thirty-four hundredths feet (S. 360 23' 38" W. 93,34') to a point;
thence by the same and a curve to the right having a radius of one hundred seventy-live feet
(175') an arc length of one hundred forty-three and eighty-one hundredths feet (143,81 ') to a
I, ....r'Ol'll". ~l f I \ MIII'"l A "f1'11
30. The following amounts are due Plaintiff, Mid Penn Bank, on the said
a. Principal
$368,923..54
I
i
Mortgage:
b. Interest from 4/1.5/92 to 12/10/96 at 12.5% 231,072.96
c. Attorney collection fee 36.892.35
TOTAL $636,888.85
WHEREFORE, Plaintiff, Mid Penn Bank, demands judgment against the
Defendants in the sum of $636,888.85 plus interest from December 10, 1996, to date paid,
attorney fees and costs of suit.
ETZWEILER AND ASSOCIATES
By
~';' .
/f' /
LltIJI'" ,/ (. (:J
Christian S. Daghir .
,
Superior Court J.D. #47141
Attorney for Plaintiff
10.5 North Front Street
Harrisburg, PA 17101
(717) 234-5600
,~i.
$4,110,000,00
AUGMENTED. AMENDED AND aESTATED MORTGAGE NOTE
December 17, 1990
FOR VALUE RECEIVED, CUMBERLAND BUSINESS PARK ASSOCIATES, a PennsylvanIa
general partnershIp, Its successors and assIgns ("Maker"), promises to pay to
the order of HOMESTEAD SAVINCS ASSOCIATION, a PennsylvanIa-chartered savIngs
and loan essoclatlon, Its successors and assIgns ("Payee"), at 4075 Market
S treat, Camp HU1, PA 17011, or at such other place as the ho lder hereof may
desIgnate in writIng, the prIncIpal sum of Four MIllIon One Hundred Ten
Thousand Dollars ($4,110,000.00) or such lesser amount as advanced hereunder,
on or before August 31, 1995, wIth Interest, payable as follows:
(a) In:er.est - in monthly installments of twelve and
thre~'quarters percent (12-3/4\) of the then outstandIng prIncIpal
balance hereunder, the fIrst payment beIng due on~ month from the
date hereof, and subsequent payments beIng due on the same day of
each and every month thereafter, through and IncludIng August 31,
1995 (should the flnal payment perIod hereunder be less than a
full month, Interest shall be prorated ac~ordlngly):
(b) p=lncipal - at the time receIpt by Maker of ground
rents and/or the proceeds of the sale of each real estate parcel
which forms Maker's Inventory, In an amount equal to the product
of Net Pr~ceeds and 0,58531091, and, to extent not fully amortIzed
by such paymen:s on August 31, 1991, the remaInIng prlnc~pal
balance hereof on such date; and
(c) addItIonal Interest - equal to 1\ of Net Proceeds
unt~l repayment of the entIre prIncIpal balance hereof.
"Net Proceeds" means total gross proceeds received by Maker from ground rents
and lot sales less (i) the following closing costs relating to the lot sales:
commissions, transfer taxes and legal fees, and (II) proceeds generated by
reinves ted partnersh~p capi tal (" Bullcllng aes lduals") .
Maker may prepay thIs Note In whole at part at any tIme wIthout penalty.
Maker Is subject to a Lata Charge in the event any payments rents and
lot sales less (i) the following closing costs relating to the lot sales:
commissions, transfer taxes and legal fees, and (II) proceeds generated by
reinvested partnershIp capItal ("BuildIng ResIduals").
Payment of thIs Note Is secured by a Mortgage from Maker to Payee, of
even date herewith and intended to be recorded forthwith, s~cured upon that
cartain parcel of real estate located in Upper Allen Township, Cumberland
County, Pennsylvania, more particularly described In the Mortgage. All of the
agreements, condItIons, covenants, provisIons, and stipulation. contaIned In
the Mortgage which are to be kept and performed by Maker are hereby made a
part of this Note to the same extent and wIth the same force and effect a. If
EXHt8lT "A"
@
they were fully set forth herein, and Maker ~ovenants and agrees to keep and
perform them, or cause them to be kept and performed, strIctly In accordance
wIth theIr term"
ThIs Note, the Mortgage and any Security Agreement between Maket and
Pay.., are somtitlmu referred to hereIn collectIvely as the "Loan Documents",
At Its option, Payee may pay any tax, or Installment thereof, assessment
or wacer rent, or Insurance premium or any sums which under the t~rms of the
Mortgage the Maket is oblIgated to pay but falls so to do for the account of
Maker, and the amount so paid shall be adrled to and become part of the princI-
pal sum payable hereunder and sec~red by the Mortgage and shall be payable on
demand wIth Interest at the rate of twenty percent (20\) per annum, or If such
rate v~olates any law, at the highest rate then allowable,
If any installment of prlnc~pal and lncerest or any other payment is not
paId when due (as specified herein and In the Mortgage), the amount thereof
shall bear Interest at the rate of twenty percent (20\) per annum, or If such
rate violates any law, at the highest rate then allowable, until paid; It
being further unders:ood, however, that should any default be made In the pay-
ment of any Installment of prIncIpal and interest on the date on whIch It
shall fall due, or In the performance of any of the agreements, condItIons,
covenancs, pr~v1sLon5 or stipulations contained in the Loan Docum~nts, then
Payee, at its optIon and wIthout notIce to Maker, may declare Immediately due
and payable the entire unpaid balance of prIncipal wIth interest accrued
thereon at the rate specIfIed to che date of default and thereafter at the
rate of twenty percent (20\) per annum, or if such rate viola:es any law, at
the hIghest rate then allowable, and all other sums due by Maker under the
Loan Documents, anything In any of the Loan Documents to the contraty notwith-
standIng; and payment thereof may be enforced and recovered Ln whole or in
part at any tIme by one or more of the remedies provided to Payee In the Loan
Documents. In such case Payee may also recover all costs of suit and other
expenses in connection therewith, together wIth an att~rney's commissi~n for
collectIon of ten percent (10\) of the total amount then due by Maker to
Payee, but In any event not less than One Thousand Dollars ($1,000,00),
together with Interest on any judgment obtained by Payee at the rate first
hereInabove provided, including Interest at that rate from and after the date
of any Sheriff's sale untIL actual pa)~ent is made by the SherIff to Payee of
the full amount,
Maker hereby irrevocably auchori:es and empowers any attorney or the
Prothonotary or Clerk of any court In the Commonwealth of Pannsylvanla, or
elsewhere, to appear at any time for Maker In any actIon brought agaInst Maker
on thIs Note at ~he suit of Payee, with or without detlaration filed, as of
any term, and thereIn to confess o~ enter judgment agaInst Maker for the
entIre unpaid prIncIpal of this Note and all other sums paid by Payee to or on
behalf of Maker purouant to the terms of the Loan Documents, and a.ll arrear-
ages of Interest thereon, together with tosts of suit, and any other sums
- 2 -
secured by the Loan Documents, attorney's tommlsslon of ten percent (10\) for
collectIon, but in any event not less than One Thousand Dollars ($1,000.00):
and for so doIng this Note or a copy hereof verIfIed by affidavit shall be a
sufficient warrant,
The authorIty granted hereIn to confess judgment shall not be exhausted
by any exercIse thereof but shall contInue from tIme to time and at all tImes
until payment In full of all the amounts due hereunder.
The remedies of Pay.e as provides In the Loan Documents and the warrants
contained thereIn shall be cumulative and toncurrent, and may be pursued
single, succasslvely or together at the sole discretIon of Payee, and may be
exercised as ofren as occasion therefor shall occur; and the faIlure to
exercise any such right or remedy shall In no event be construed as a waiver
or release theteof,
Maker hereby waives and releases all errors, defects and imperfections
in any proceedIngs instituted by Payee under the terms of the Loan Documents,
as well as all benefit that mIght accrue to Maker by virtue of any present or
future laws, exempting the mortgaged property, or any other property, real or
personal, or any part of the proceeds arising from any sale of any such prop-
erty, from attachment, levy or sale under executIon, or providing for any stay
of executiun, exempt~on from cIvIL p.ocess, or extension of time for payment;
and Maker agrees that any real estate and/or personal property that may be
levIed upon pursuant to a Judgment obtaIned by virtue hereof, on any wrIt of
execution Issued thereof, may be sold upon any such wrIt In whole or In part
in any order desIred by Payee.
Maker and all endotsers, suretIes and guarantors, hereby jointly and
severally waIve presentment for payment, demand, notIce of demand, notice of
nonpayment or dishonor, protest and notice of protest of thIs Note, and all
other notices In connection with the delive~y, acceptance, performance,
default, or enforcement of the payment of thIs Note, and they agree that the
liabIlity of each of them shall be unconditional, wIthout regard to the lia-
bility of any other party, and shall not be affected in any mannet by any
indulgence, extension of time, renewal, waIver or modification granted or
consented to by Payee. Maker and all endorsers, sureties and guarantors con-
sent to any and all extensIons of time, renewals, waIvers, or modIfIcations
that may be granted by Payee wIth respect to the payment or other provisions
of this Note, end to the release of the collateral or any part thereof, with
or without substItutIon, and egree that additIonal makers, endorsers, guar-
antors, or suretIes may become parties hereto without notice to them or
affecting their lIability hereunder.
Payee shell not be deemed, by any act of omIssion or commissIon, to have
waived any of its rights or remedies hereunder unless such waIver is In
writing and sIgned by Payee, and then only to the extent specifically set
forth in the wrIting. A waiver on one event shall not be const~ued as
- 3 -
FAX 717-232-4774 TEL: Jul
, , 31 '3>) 10:02 No,OOI
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rURCHASRA~DSALEAGRE5MENT
SECflON I. INFORMATION AND DEFINITIONS
Sollor:
Fcd~1 Depo.itlnsurlll1~e CQrporoliOl1 85 Roccivcr oC Homestead Fodorol SAvings,
whi~h punuant to 12 U.S,C. Stl:lion 1441 (Ill) (I) sucr.ecdcd tho Resolution Trust
Corporation 85 Receiver ofHomoSlaall Fcdorol Savings.
clo Fodll1ll Ocposltl.D.oucllllcc CQrporaticn
1011!IltRivorDtive
EaatHWord,CT OGl08
Attention: Christopher 1. F_oy
Mld.PeM Bank, hving lIJl addrtss of c/o Christopher Ci~al. B#q. Ecktrt Seam4llS
Cherin & MellO!!, One South Market Squaro Building, 213 Mlllk.t SlfeCt, HlllTbbucg,
PA 1110 I IlIlIl Homestead Trust liS bll.vinS III address of 3905 North Frelnt Street,
HlInisbutS, P A 17110 Attention: M. Chemvka, as Trwtoa (each, "purclle.scr"
ooUectively, tho "PurehlUm").
Sollor's Addrcss:
PurchIL$OCll:
Alio!:
The Asset is A 10394% particlpatloll int~st in a $4.110,000 Augm.nt.cd, Amendod
ond Rut.,tod Mortgnllo Note of Cumberlaml BUJin~$S park Assooia'.ca incluclJng all
cash deposits h~ld 10 eecraw llnd aU other IlSlels held in tho D:une of Cumberland
B\I$ln"l PllI'k A5sociate.
PurchllSe Prl,o:
Ono HWJdrod Fifty ThoUSMd and 1'101100 DolllllS (5150,000,00) plus $25,000,00 of
the f\l1lds currently being held in escrow.
Date of Aeceptilllce:
The dJto tho Selle: lj~S tllis Agr<<menl, Q$ shown on tile slcnnblre pallO.
SECTION 11- GENERAL PROVISIONS
1. Tho Seller agree' to sell, and thc Putehasr:r agreos to purr;haso, aU of the SeUer's right, tillo, and
inlCtllst in and to the Asset without wllI'T1lIIty or reeQ\USO oC any kind, The Seller owns right Iitlo wd intCfC$t to
tho Asset, and is fully authoriwlto 5elllbc A"et.
Z, The Asset shall bo sold AS IS with .U faults, The Ssller does llot mako, and the purchllJlcrs
acknowledeo that they lICC not rr:lying upon. any rcpreGC:lllJltion or w.umty of any kind or lIAlUte wbalJoevor with
respect IOthc A~set or Its condition. opel'lllion. inc.ome. e~penscs. yolue, p"",,itted "set. or compllnnce ~-- I~
law. ,tntule or rogubtion . ,-o::.d ....., -<~ +,'" JI 'Il'~i71 "f(... ,4.s:;...et- ',~,'
_'. fP</"o'< ~~....--+.., ?- oI.{.i..~ '-',,"-~) .' ---)
3. SeUer r'pre~cnl! nnd warrants 55 ofMdYll. 199~ thai t c . nn~ 0 a row account i.
ROt Ie., IhM $225,G07. ~ 9.
4. The Seller _hall convey tho AllettQ tho pW'Chaser by doliv<ry oCthi. Aereemcnt.
S, TIle puNhnse PriCll for the Ami shall bs paid ,!nlultllI1cou;ly with the execution of this Apcerncnl
6. All nolice~ requ.ml hereund.r ,hall be In \\Tiling. shall be effettlvo upon re<<lpt, and shall be sent
I
EXHIBIT "c"
10:03 No.OOI P.O'
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II) the othct party by eertified mail, relum receipt requested, to tho ill!4reJ'e" nt lonh above,
7, From and llIer the date hercofPllrcllluen sball assumo all oltha ScUcc', obligations IIlId dlltiC$ with
respect to ~ervieing the Auel p=hllSed h.rc:W1~r.
8, TlUs Agreement, c."ccutc:d La COW1tcrpOlU, is to be """..mcd by!ho 10....'8 or tho ~mmonwe;lIth of
Pennsylvania, acts forth !he entire sgrccmcnt bel\won tho plll1ies, aod may be clllccled, modified or omended only
by a wnll'Clllnwumenl excc:ut.ed by both the Sell", OIld the Purchas.r. lCtwo or more ptl-'ties ate named l1e~n
as Purchaser, their obllQatio~ hereunder .hoU be joint and seversl,
9, The Plm:hMall m::y nOl MSi", thll Asroemcnl without the Soller's prior writtca IXlnscnl which may
bs withhold for lIlIY /'C.'\Son. Any luch Ill$ignment ....ithout the Seller's con,enl.hBIl bo void Ill\d of no ,,(tcct, lIIId
~holl constitute a mBl.rial cefault by the Purchaser hereunder.
10, Pwchas.rs ht:':'oy release and forever diseharlle S.lier, Homur.ad Service, Corp" (u agen[S,
SlrvAnlS, direclors. om~rs. employees. SU~SOnl. IlSslgn, end affiliates (including the R.TC and FDIC in its
c:orporatc OIld any other cllpacity) (all such persons being collocthely relcrr<<l to ns the "Related Persons"), of
snd from MY ond all t:luses ol oellon. claims, dtmand, OIld rcmedi", of whatsoever kind ond nature that
P\ln;hll.~a" hilS or lfUIy in !he tL>+ure havo against SelJetcrllllY Relat.ed PCl'$~ In AllY mllMer on =unt of, ilIi,inll
out of or rel'led to: (i) the Asset purchlUed h~reund.r and (ii) the servieina, collection or administution of the
A~~el trom the bcsiMing cf time untlllhe lrlIOlIfcr or .ervicina from SsU" 10 Purcha.se:s in~ucling; but not
1imilCd 10, any :\lid all claim;; relatcd to rhe r~ipt. dilbu1iemen\ or retention of ,,,;row =unlS fund$, if any.
rel.~ to the underlying loan cr the Asm AllY and all claims reloted to any ll.Ction or inaction in connection with
p=-ir.g or prolCWllg the value of the Amt or the collateral thl11 secUlO$ the undcrlyinglo;!Il, Olld; IIlIY ~nd WI
cl.ims relnte<: to arithmetical or accounting en'o". "'"
~
II. Th. PurehA.,e: warrant! and represents thaI it hns Jonlt with no broker in C(\nne.::tion with the "-
purcl~'L"" aCthc Asset lbe P=hnsC1llgTl:1e3 to hole! the Seller 1wm1C$ from ony los~, claim, lisbility or cxpeD:les
resulling from MY breach ('of thi, wananty 3lld rlpreseotstion by the Purcho.ser. The Seller warrlltlL~ and
l'1:prl'.Scnts that it has dealt with no brokcr in oonncctioo with the ,ale of the Asset. The Seller agrees to hold the
Purchaser horm.less from any 10lS, tlairn,liability or t."(pensc, tC3ulling Cram any breach of this WarTtItlty WId
repre,entation by the S~lIer.
[N WITNESS WHEREOF, tho: Seller IIIld the PUt'Cb~ havo executed tltis Agreement under
seal os of tho d.~ sel forth bol"w opposile their mpc;tive signatures. _.__ .__
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Christian S. Daghlr. Esquire
TRACT NO. I
ALL that certain tract of land situatc in Upper Allen Township, Cumberland County.
Pennsylvania, bounded and described as follows:
BEGINNING at a parker kalon nail in the ccnterline of East Winding Hill Road (L,R. 2102.5)
at a common corner with Ezra H, Sassman; thence North six degrees eight minutes fifteen
seconds West for a distancc of one hundred sixty-six and fifty hundredths feet (N. 060 08' 15"
W, 166.50') along lands of same to an iron pipe: thence North eighty-eight degrees thirty-
eight minutes tifteen seconds West for a distance of one hundred thirteen and ninety
hundredths feet (N. 880 38' 15" W, 113.90') along lands of same to an iron pipe; thence
South eighty-five degrees forty-nine minutes twenty-one seconds West for a distance of one
hundred two and tifty-three hundredths feet (S. 850 49' 21" W, 102.53') along lands of Trudy
Jo Strasbaugh to an iron pin; thence South eighty-four degrees twenty-two minutes twenty
seconds West for a distance of one hundred tifty feet (S. 8~0 22' 20" W, 150') along lands of
William R. Lovell and Sergio Ongelia to an iron pin: thence North nine degrees twenty-seven
minutes forty-six seconds West for a distance of one lhousand four hundred thirty-eight and
twenty-three hundredths feet (N. 090 27' ~6" W. 1,438.23 ') along lands recorded in "Graham
Village Plan "B", Plan Book 14, Page II, and" AMP Incorporated. Lot No.2, Plan Book 52,
Page 22" to an iron pin: thence North twenty-seven degrees thirty-six minutes forty-one
seconds East for a distance of forty-tive and twenty-two hundredths feel (N. 270 36' 41" E.
45.22') along lands of same to an iron pin: thence along a curve to lhe right having a radius of
eleven thousand three hundred tifty-nine and nineteen hundredths feet (11,359.19') and an arc
length of seven hundred eighty-three and eleven hundredths feet (783.11') being subtended by
a chord of South eighty-five degrees twenty-three minutes zero seconds EaSI for a dislance of
seven hundred eighty-two and ninety-tive hundredths feet (S, 850 23' 00" E. 782.95') along
lands of the PennsyIvania Turnpike Commission to an iron pin: thence South eighty-three
degrees twenty-four minutes thirty seconds East for a distance of nine hundred sixteen and
fifteen hundredths feet (S. 83024' 30" E. 916.15') along lands of same to an iron pin; thcnce
South sixteen degrees thirty-five minutes twenty-four seconds East for a distance of one
thousand two hundred tifty-eight and twenty-eight hundredths feet (S. 160 35' 24" E.
1.258,28') along lands of Golf Shoppe Incorporated. Lot No, 2, recorded in Plan Book 34,
Page 54, to an iron pin at lands of Melvin R. Eaton: thence South eighty-eight degrees fifty-six
minutes fifty-seven seconds West for a distance of one hundred eighty-six and sixty hundredths
feet (S, 880 56' .57" W. 186,60') along lands of same and Debra L. Steel to an iron pin;
thence South one degree twenty-three minutes three seconds East for a distance of one hundred
sixty-six and tifty hundredths feet (S. 010 23' 03" E. 166.50') along lands of same to a parker
kalon nail in the centerline of East Winding Hill Road; thence South eighty-eight degrees fifty-
six minutes fifty-seven seconds West for a distance of forty feet (S. 880 .56' .57" W. 40') to a
parker kalon nail in the centerline of said road: thence North one degree twenty-thre:: minutes
three seconds West for a distance of one hundred sixty-six and fifty hundredths feet (N, 010
23' 03" W. 166,50') along lands of Russell J, Wallers to an iron pipe; thence South eighty-
eight degrees fifty-six minutes tifty-seven seconds West for a distance of one hundred feet (S.
880 56' .57" W. 100') along lands of same to an iron pipe; thence South seventy-six degrees
eighteen minutes fifteen seconds West for a distance of three hundred feet (S. 760 18' 1.5" W.
300') along lands of Sam Gosnell, Calvin C. Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees forty-eight minutes fifteen seconds West for a distance of one
hundred forty feet (S. 82" 48' 15" W. 140') along lands of Robert J, Wentz to an iron pin;
thence South eighteen degrees fifty-six minutes forty-five seconds East for a dismnce of one
hundred sixty-eight feet (S, 180 .56' 45" E, 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty-eight minutes fifteen seconds
West for a distance of sixty-live and twenty-live hundredths feet (S. 820 48' 15" W. 65,25') to
a parker kalon nail in the centerline of said road; thence North eighty-eight degrees tifty-nine
minutes four seconds West for a distance of two hundred sixty-one and sixty-four hundredths
feet (N. 880 59' 04" W. 261.64') to a parker kalon nail in the centerline of said road; thence
North eighty-six degrees thirty-seven minutes twenty-nine seconds West three hundred forty-
seven feet (N. 860 37' 29" W, 347') to a parker kalon nail in the centerline of said road;
thence North eighty-five degrees thirty-six minutes seventeen seconds West for a dismnce of
seventy-six and twenty hundredths feet (N. 8So 36' 17" W. 76.20') along the centerline of said
road to the point of BEGINNING.
TOGETHER with and subject to covenants, easements, and restrictions of record.
CONTAINING 58.1275 acres, more or less.
BEING the same premises which Margaret B, Wentz, widow, by her Deed dated December
23, 1987, and recorded in the Office for the Recording of Deeds in and for Cumberland
County in Deed Book "C', Vol. 33, Page 710, granted and conveyed unto Cumberland
Business Park Associates. A Pennsylvania General Partnership.
TRACT NO.2
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies at the intersection of land
now or formerly of Ben-Janson, Inc., and of the Mary Ellen Eberly Estate; thence along East
Winding Hill Road South forty-nine degrees twenty-one minutes fifty-seven seconds West
sixty and seventy-seven hundredths feet (S. 490 21' 57" W, 60,77') to a point on said road;
thence North nineteen degrees twenty-six minutes fifty-five seconds West two hundred twenty-
four and seventy-one hundredths feet (N. 19026' .5.5" W. 224.71 ') to a pin in lands of Mary
Ellen Eberly Esmte; thence South seventy-eight degrees forty-four minutes thirteen seconds
West eight hundred ninety-four and thirty hundredths feet (S. 780 44' 13" W, 894.30') to a
point in the lands of the Mary Ellen Eberly Estate; thence South sixteen degrees three hundred
fifty-six minutes twenty-four seconds East two hundred sixty and fifty-nine hundredths feet (S.
160 356' 24" E. 260..59') to a point in East Winding Hill Road; thence in and along the same,
along a curve bearing to the right, having a radius of eight hundred sixteen and sixty-five
hundredths feet (816,6.5'), an alC distance of fifty-one and twenty hundredths feet (.51.20') to a
point; thence North along lands now or late of Carl Wentz North sixteen degrees thirty-live
minutes twenty-four seconds West one thousand four hundred twenty-nine and forty
hundredths feet (N. 16" 3.5' 24" W. 1,429.40') to a point; thence South eighty-three degrees
twenty-four minutes thirty seconds East three hundred twenty-seven and eighteen hundredths
feet (S. 83" 24' 30" E. 327.18') to a point; thence South seventy-four degrees seven minutes
lifty-five seconds East three hundred three and ninety-eight hundredths fcet (S. 74" 07' .55" E,
303,98') to a point; thence South thirty-eight degrees twenty-four minutes thirty seconds East
three hundred ninety and thirty-two hundredths feet (S. 38" 24' 30" E. 390.32') to a point;
thence South eighty-three degrees twenty-four minutes thirty seconds East two hundred eighty-
one feet (S. 83" 24' 30" E, 281 ') to a point; thence North eighteen degrees lifty-four minutes
fifty-four seconds East forty and twenty-eight hundredths feet (N. 18" .54' .54" E. 40.28') to a
point at lands now or formerly of Ben-Janson, Inc,; thence Sou'h ninetcen degrees twenty-six
minutes fifty-live seconds East seven hundred twenty-five and sixty-one hundredths feet (S.
19" 26' 55" E. 725.61') to a point of East Winding Hill Road, the place of BEGINNING.
UNDER AND SUBJECT to certain easements as indicated on Lot No.2 and being Lot No.
2, Plan of Lots prepared by Michad C. DeAngelo, Registered Surveyor, and recorded in
Cumberland County Plan Book 34, Page 54.
BEING the same premises which The Golf Shoppe, Inc., a/k/a Golf Shoppe. Inc., a
Pennsylvania Corporation by its Deed dated May 25, 1988, and recorded in the Office for the
Recording of Deeds in and for Cumberland County in Deed Book. J", Vol. 33, Page 72,
granted and conveyed unto Cumberland Business Park Associates, a Pennsylvania General
Partnership,
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or
formerly of Mary Ellen Eberly Estate; thence North sixteen degrees thirty-five minutes
twenty-four seconds West two hundred sixty and lifty-nine hundredths feet (N. 16" 3.5' 24"
W. 260..59') to a point; thence along other lands now or formerly of Cumberland Business
Park Associates North seventy-eight degrees forty-four minutes thirteen seconds East eight
hundred ninety-four and thirty hundredths feet (N, 78" 44' 13" E. 894.30') to a point; thence
continuing along the lands now or formerly of Cumberland Business Park Associates South
nineteen degrees twenty-six minutes fifty-live seconds East two hundred twenty-four and
seventy-one hundredths feet (S. 19" 26' 5.5" E. 224.71') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a ndius of seven hundred ten feet (710'), an arc distance of four hundred forty and five
hundredths feet (440.05') to a point; thence continuing along said Winding Hill Road South
eighty-six degrees one minute thirty-five seconds West one hundred eighty-seven and forty-two
hundredths feet (S, 86" 01' 35" W, 187,42') to a point in East Winding H\II Road; thence
continuing by a course in East Winding Hill Road by a curve with a radius of one thousand
one hundred ninety-seven and sixty-one hundredths feet (1,197,61') and an arc distance of
ninety-nine and ninety-four hundredths feet (99.94') to a poilll; thence continuing by a course
in said East Winding Hill Road South eighty-one degrees fourteen minutes forty-two seconds
West one hundred fifty-one and sixty hundredths feet (S. 810 14' 42" W. 1.51.60') to a point
in East Winding Hill Road; thence continuing in East Winding Hill Road by a curve having a
radius of eight hundred sixteen and sixty-five hundredths feet (816,65') and an arc of thirty-
nine and forty-seven hundredths feet (39.47') to a point and place of BEGINNING.
BEING Lot No. 1 of a Final Subdivision Plan for the Mary Ellen Eberly Est.1te, sUrvlvmg
administrator, dated September 13, 1978, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 34-A, Page 54.
CONTAINING 5.790 acres, more or less.
BEING the same premises which Joseph W. Eberly and Marjorie A. Pugh, individually and as
sole heir in her capacity as Administratrix of the Estate of Ruth A. Bitner, deceased, by their
Deed dated November I, 1988, and recorded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book "Q", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associates, a Pennsylvania General Partnership.
TRACT NO.4
ALL that certain piece or parcel of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Resubdivision Plan
for AMP, Inc., dated August 23, 1988, recorded in Cumberland County Plan Book 56, Page
24, more particularly bounded and described as follows:
BEGINNING at a point in the center of South Market Street (Route No. 114), said point
being approximately olle thousand four hundred feet (1,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minutes forty-eight seconds West a distance of sixty feet (N. 260 11' 48" W. 60') to a point;
thence through lands now or formerly of AMP Incorporated, North sixty-three degrees fifty-
eight minutes two seconds East a distance of one hundred ninety and forty-nine hundredths feet
(N. 630 58' 02" E, 190.49') to a point; thence by same North eighty-three degrees twenty-
eight minutes forty-two seconds East a distance of two hundred ninety-seven and sixty-four
hundredths feet (N. 830 28' 42" E. 297.64') to a point; thence by the same and a curve to the
left having a radius of one hundred fifteen feet (115') an arc length of ninety-four and fifty
hundredths feel (94.50') to a point; thence by the same North thirty-six degrees twenty.three
minutes thirty-eight seconds East a distance of ninety-three and thirty-four hundredths feet (N.
36023' 38" E. 93.34') to a point; thence by the same and a curve to the right having a radius
of one hundred eighty-five feet (185'), an arc length of one hundred forty-two and forty-three
hundredths feet (142.43') to a point; thence by the same North eighty degrees thirty minutes
twenty-two seconds East a distance of two hundred feet (N. 800 30' 22" E. 200') to a poinl at
lands now or formerly of Carl Wentz; thence along the same South nine degrees twenty-nine
minutes thirty-eight seconds East a distance of sixty feet (S. 090 29' 38" E. 60') to a point;
thence along Lot No, .50, Graham Village Plan Book 14, Page 11, anclthe end of the right-of-
way for Reynolds Street South eighty degrees thirty minutes twenty-two seconds West a
distance of two hundred feet (S. 80. 30' 22" W. 200') to a point; thence through lands now or
formerly of AMP Incorporated, by a curve to the left having a radius of one hundred twenty-
five feet (12.5'), an arc length of ninety-six and twenty-four hundredths feet (96.24') to a point;
thence by the same South thirty-six degrees twenty-three minutes thirty-eight seconds West a
distance of ninety-three and thirty-four hundredths feet (S. 360 23' 38" W. 93.34') to a point;
thence by the same and a curve to the right having a radius of one hundred seventy-five feet
(\75') an arc length of one hundred forty-three and eighty-one hundredths feet (143.81 ') to a
point at lands now or formerly of the Mechanicsburg Assembly of God Church; thence by the
same South eighty-three degrees twenty-eight minutes forty-two seconds West a distance of
two hundred eighty-seven and thirty-three hundredths feet (S. 830 28' 42" W. 287.33') 10 a
point; thence by the same South sixty-three degrees fifty-eight minutes two seconds West a
distance of one hundred eighty feet (S. 63.58' 02" W, 180') to a point in the center of South
Market Street, the point of BEGINNING.
CONTAINING 1.390 acres,
UNDER AND SUBJECT to easements, reservations, restrictions and rights of way of
record.
UNDER AND SUBJECT to an Agreement dated December 18, 1986, by and among the
Township of Upper Allen, Book-of-the-Month Club, Inc,. and AMP Incorporated,
BEING the same premises which AMP Incorporated, by its Deed dated F,bruary 3, 1989, and
recorded in the Oftice for the Recording of Deeds in and for Cumberland County in De.:d
Book "U", Vol. 33, Page 1057, granted and conveyed unto Cumberland Business Park
Associates, a Pennsylvania General Partnership,
SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the property of Cumberland
Business Park Associates, Mortgagor and Real Owner under Judgment No, 96-6739 Civil
Term 1996 in the Court of Common Pleas of Cumberland County, Pennsylvania.
NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTED CLAIMANTS
that a proposed schedule of distribution of the proceeds of the above sale will be filed by the
Sheriff of Cumberland County on the 3rd day of July, 1997, and distributions will be made in
accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter,
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And Homestead Service Corporation, tld/b/a Cumberland Business Park Associates, a
partnership, Mortgagor and Real Owner, and Federal Deposit Insurance Corporation, at Case
No. 96-6739, Civil Term 1996, said Writ of Execution is in the amount of $4,.552,366,89.
Claims against property must be filed at the Office of the Sheriff before above
sale date,
Claims to proceeds must be made with the Office of the Sheriff before
distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than
thirty (30) days from sale date,
Exceptions to Distribution or a Petition to ~et Aside the Sale must be filed with
the Office of the Sheriff no later thail ten (10) days from the date when Schedule of
Distribution is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because
there is a judgment against you. It may cause your property (or property in which you have
an interest) to be held or taken to pay the judgment. You may have legal rights to prevent
your property (or property in which you have an interest) 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 NOTICE AND THE WRIT OF EXECUTION
TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL ADVICE,
'.
Christian S. Daghir, Esquire
TRACT NO.1
ALL that certain tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a parker kalon nail in the centerline of East Winding Hill Road (L.R. 2102.5)
at a common cornel' with Ezra H. Sassman; thence North six degrees eight minutes Iifteen
seconds West for a distance of one hundred sixty-six and fifty hundredths feet (N. 060 08' 1.5"
W. 166.50') along lands of same to an iron pipe; thence North eighty-eight degrees thirty-
eight minutes Iifteen seconds West for a distance of one hundred thirteen and ninety
hundrcdths feet (N, 880 38' 15" W, 113.90') along lands of sallie to an iron pipe; thence
South eighty-live degrees forty-nine minutes twenty-one seconds West for a distance of one
hundred two and tifty-three hundredths feet (S, 850 49' 21" W, 102.53') along lands of Trudy
Jo Strasbaugh to an iron pin; thence South eighty-four degrees twenty-two minutes twenty
seconds West for a distance of one hundred Iifty feet (S. 84022' 20" W. 150') along lands of
William R. Lovell and Sergio Ongelia to an iron pin; thence North nine degrees twenty-seven
minutes forty-six seconds West for a distance of one thousand four hundred thirty-eight and
twenty-three hundredths feet (N. 090 27' 46" W. 1,438,23') along lands recorded in "Graham
Village Plan "B", Plan Book 14, Page II, and" AMP Incorporated, Lot No.2, Plan Book 52,
Page 22" to an iron pin; thence North twenty-seven degrees thirty-six minutes forty-one
seconds East for a distance of forty-five and twenty-two hundredths feet (N. 270 36' 41" E,
45.22') along lands of same to an iron pin; thence along a curve to the right having a radius of
eleven thousand three hundred tifty-nine and nineteen hundredths feet (11,359.19') and an arc
length of seven hundred eighty-three and eleven hundredths feet (783.11 ') being subtended by
a chord of South eighty-five degrees twenty-three minutes zero seconds East for a distance of
seven hundred eighty-two and ninety-five hundredths feet (S. 850 23' GO" E. 782.95') along
lands of the Pennsylvania Turnpike Commission to an iron pin; thence South eighty-three
degrees twenty-four minutes thirty seconds East for a distance of nine hundred sixteen and
fifteen hundredths feet (S. 83024' 30" E. 916,15') along lands of same to an iron pin; thence
South sixteen degrees thirty-live minutes twemy-four seconds East for a distance of one
thousand two hundred fifty-eight and twenty-eight hundredths feet (S. 160 35' 24" E.
1,258.28') along lands of Golf Shoppe Incorporated, Lot No.2, recorded in Plan Book 34,
Page 54, to an iron pin at lands of Melvin R. Eaton; thence South eighty-eight degrees fifty-six
minutes fifty-seven seconds West for a distance of one hundred eighty-six and sixty hundredths
feet (S. 880 .56' 57" W. 186.60') along lands of same and Debra L. Steel to an iron pin;
thence South one degree twenty-three minutes three seconds East for a distance of one hundred
sixty-six and Iifty hundredths feet (S. 010 23' 03" E. 166.50') along lands of same to a parker
kalon nail in the centerline of East Winding Hill Road; thence South eighty-eight degrees fifty-
six minutes fifty-seven seconds West for a distance of forty feet (S, 880 56' 57" W. 40') to a
parker kalon nail in the centerline of said road; thence North one degree twenty-three minutes
three seconds West for a distance of one hundred sixty-six and fifty hundredths feet (N. 010
23' 03" W. 166,50') along lands of Russell J. Walters to an iron pipe; thence South eighty-
eight degrees fifty-six minutes fifty-seven seconds West for a distance of one hundred feet (S.
~
880 .56' .57" W. 100') along lands of same to an iron pipe; thence South seventy-six degrees
eighteen minutes fifteen seconds West for a distance of three hundred feet (S, 760 18' 15" W.
300') along lands of Sam Gosnell, Calvin C, Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees forty-eight minutes fifteen seconds West for a distance of one
hundred forty feet (S, 82048' 15" W, 140') along lands of Robert J, Wentz to an iron pin;
thence South eighteen degrees lifty-six minutes forty-live seconds East for a distance of one
hundred sixty-eight feet (S. 180 .56' 4.5" E. 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty-eight minutes fifteen seconds
West for a distance of sixty-live and twenty-live hundredths feet (S. 82048' 15" W, 65.2.5') to
a parker kalon nail in the centerline of said road; thence North eighty-eight degrees fifty-nine
minutes four seconds West for a distance of two hundred sixty-one and sixty-four hundredths
feet (N. 880 .59' 04" W. 261.64') to a parker kalon nail in the centerline of said road; thence
North eighty-six degrees thirty-seven minutes twenty-nine seconds West three hundred forty-
seven feet (N. 860 37' 29" W. 347') to a parker kalon nail in the centerline of said road;
thence North eighty-live degrees thirty-six minutes sevcnteen seconds West for a distance of
seventy-six and twenty hundredths feet (N. 850 36' 17" W. 76.20') along the centerline of said
road to the point of BEGINNING,
TOGETHER with and subject to covenants, easements, and restrictions of record.
CONTAINING 58,1275 acres, more or less.
BEING the same premises which Margaret B. Wentz, widow, by her Deed dated December
23, 1987, and recorded in the Office for the Recording of Deeds in and for Cumberland
County in Deed Book "C", Vol. 33, Page 710, granted and conveyed unto Cumberland
Business Park Associates, A Pennsylvania General Partnership.
TRACT NO.2
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies atlhe intersection of land
now or formerly of Ben-Janson, Inc.. and of the Mary Ellen Eberly Estate; thence along East
Winding Hill Road South forty-nine degrees twenty-one minutes fifty-seven seconds West
sixty and seventy-seven hundredths feet (S. 490 21' 57" W, 60,77') to a point on said road;
thence North nineteen degrees twenty-six minutes fifty-five seconds West two hundred twenty-
four and seventy-one hundredths feet (N. 19026' 55" W. 224.71 ') to a pin in lands of Mary
Ellen Eberly Estate; thence South seventy-eight degrees forty-four minutes thirteen seconds
West eight hundred ninety-four and thirty hundredths feet (S, 780 44' 13" W. 894,30') to a
point in the lands of the Mary Ellen Eberly Estate; thence South sixteen degrees three hundred
fifty-six minutes twenty-four seconds East two hundred sixty and fifty-nine hundredths feet (S.
160 3.56' 24" E. 260.59') to a point in East Winding Hill Road; thence in and along the same,
along a curve bearing to the right, having a radius of eight hundred sixteen and sixty-five
hundredths feet (816.65'), an arc distance of fifty-one and twenty hundredths feet (51.20') to a
point; thence North along lands now or late of Carl Wentz North sixteen degrees thirty-five
minutes twenty-four seconds West one thousand four hundred twcnty-nine and forty
hundredths feet (N. 160 35' 24" W. 1,429.40') to a point; thence South eighty-three degrees
twenty-four minutes thirty seconds East three hundred twenty-scven and eightecn hundredths
fect (S. 830 24' 30" E, 327.18') to a point; thcnce South seventy-four degrccs seven minutes
fifty-fivc seconds East three hundred thrce and ninety-eight hundredths feet (S. 74007' .55" E.
303.98') to a point; thence South thirty-eight degrees twenty-liJUr minutes thirty seconds East
three hundred ninety and thirty-two hundredths feet (S. 380 24' 30" E. 390.32') to a point;
thence South eighty-three degrees twenty-four minutes thirty seconds East two hundred eighty-
onc feet (S, 830 24' 30" E. 281') to a point; thence North eighteen degrees tifty-four minutes
tifty-four seconds East forty and twenty-eight hundredths feet (N. 18054' 54" E. 40,28') to a
point at lands now or formerly of Ben-Janson, Inc.; thence South nineteen degrees twenty-six
minutes tifty-tive seconds East seven hundred twenty-five and sixty-one hundredths feet (S,
19026' 55" E. 725.61 ') to a point of East Winding Hill Road, thc place of BEGINNING.
UNDER AND SUBJECT to certain easements as indicated on Lot No. 2 and being Lot No,
2, Plan of Lots prepared by Michael C. DeAngelo, Registered Surveyor, and recorded in
Cumberland County Plan Book 34, Page 54.
BEING thc same premises which The Golf Shoppe, Inc., a/k/a Golf Shoppe, Inc., a
Pennsylvania Corporation by its Deed dated May 25, 1988, and recorded in the Office for the
Recording of Deeds in and for Cumberland County in Deed Book "]", Vol. 33, Page 72,
granted and conveyed unto Cumberland Business Park Associates, a Pennsylvania General
Partnership.
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or
formerly of Mary Ellen Eberly Estate; thence North sixteen degrees thirty-five minutes
twenty-four seconds West two hundred sixty and fifty-nine hundredths feet (N. 160 3.5' 24"
W. 260.59') to a point; thence along other lands now or formerly of Cumberland Business
Park Associates North seventy-eight degrees forty-four minutes thirteen seconds East eight
hundred ninety-four and thirty hundredths feet (N, 780 44' 13" E. 894.30') to a point; thence
continuing along the lands now or formerly of Cumberland Business Park Associates South
nineteen degrees twenty-six minutes fifty-five seconds East two hundred twenty-four and
seventy-one hundredths feet (S. 19026' 55" E. 224.71') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a radius of seven hundred ten feet (710'), an arc distance of four hundred forty and five
hundredths feet (440.05') to a point; thence continuing along said Winding Hill Road South
eighty-six degrees one minute thirty-five seconds West one hundred eighty-seven and forty-two
hundredths feet (S. 86001' 35" W. 187.42') to a point in East Winding Hill Road; thence
continuing by a course in East Winding Hill Road by a curve with a radius of one thousand
~
one hundred ninety-seven and sixty-one hundredths feet (1,197.61') and an arc distance of
ninety-nine and ninety-four hundredths feet (99.94') to a point; thence continuing by a course
in said East Winding Hill Road South eighty-one degrees fourteen minutes forty-two seconds
West one hundred fifty-one and sixty hundredths feet (S, 81" 14' 42" W, 1.51.60') to a point
in East Winding Hill Road; thence continuing in East Winding Hill Road by a curve having a
radius of eight hund.'ed sixteen and sixty-five hundredths feet (816.6.5') and an arc of thirty-
nine and forty-seven hundredths feet (39,47') to a point and place of BEGINNING.
BEING Lot No. 1 of a Final Subdivision Plan for the Mary Ellen Eberly Estate, surviving
administrator, dated September 13, 1978, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 34-A, Page 54.
CONTAINING 5.790 acres, more or less,
BEING the same premises which Joseph W. Eberly and Marjorie A. Pugh, individually and as
sole heir in her capacity as Administratrix of the Estate of Ruth A. Bimer, deceas.::d, by their
Deed dated November 1, 1988, and recorded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book "Q", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associates, a Pennsylvania General Parmership.
l:RACI.lro...A
ALL that certain piece or parcel of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Resubdivision Plan
for AMP, Inc" dated August 23, 1988, recorded in Cumberland County Plan Book .56, Page
24, more particularly bounded and described as follows:
BEGINNING at a point in the center of South Market Street (Route No. 114), said point
being approximately one thousand four hundred feet (1,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minutes forty-eight seconds West a distance of sixty feet (N. 26" II' 48" W. 60') to a point;
thence through lands now or formerly of AMP Incorporated, North sixty-three degrees fifty-
eight minutes two seconds East a distance of .:me hundred ninety and fortY-lline hundredths feet
(N. 63" 58' 02" E. 190.49') to a point; thence by same North eighty-three degrees twenty-
eight minutes forty-two seconds 5ast a distance of two hundred ninety-seven and sixty-four
hundredths feet (N, 83" 28' 42" E. 297.64') to a point; thence by the same and a curve to the
left having a radius of one hundred Iifteen feet (115') an arc length of ninety-four and fifty
hundredths feet (94,50') to a point; thence by the same North thirty-six degrees twenty-three
minutes thirty-eight seconds East a distance of ninety-three and thirty-four hundredths feet (N.
36" 23' 38" E, 93.34') to a point; !hence by the same and a curve to the right having a radius
of one hundred eighty-five feet (185'), an arc length of one hundred forty-two and forty-three
hundredths feet (142.43') to a point; thence by the same North eighty degrees thirty minutes
twenty-two seconds E1st a distance of two hundred feet (N. 80. 30' 22" E, 200') to a point at
lands now or formerly of Carl Wentz; thence along the same South nine degrees twenty-nine
minutes thirty-eight seconds East a distance of sixty feet (S. 09" 29' 38" E. 60') to a point;
thence along Lot No. SO, Graham Villagc Plan Book 14, Page II, and thc cnd of thc right-of-
way for Reynolds Street South eighty degrccs thirty minutes twcnty-two seconds West a
distance of two hundrcd fect (S, 800 30' 22" W, 200') to a point; thence through lands now or
formerly of AMP Incorporated, by a curve to the left having a radius of one hundrcd twenty-
five fect (12.5'), an arc Icngth of ninety-six and twenty-four hundredths fcet (96.24') to a point;
thence by the same South thirty-six dcgrces tweilty-thrce minutes thirty-eight seconds West a
distance of ninety-thrce and thirty-four hundredths feet (S, 360 23' 38" W. 93,34') to a point;
thencc by the same and a curve to the right having a radius of onc hundred sevemy-tive fect
(\7.5') an arc length of onc hundrcd limy-thrce and cighty-onc hundredths fcet (\43,81 ') to a
point at lands now or formerly of the Mcchanicsburg Asscmbly of God Church; thence by thc
same South eighty-thrce degrces twenty-eight minutes forty-two scconds West a distance of
two hundred eighty-scven and thirty-thrce hundredths fcet (S. 83028' 42" W, 287.33') to a
point; thence by the same South sixty-three dcgrees tifty-eight minutes two seconds West a
distance of one hundred eighty fect (S. 630 .58' 02" W. 180') to a point in the center of South
Market Street, the point of BEGINNING,
CONTAINING 1,390 acres.
UNDER AND SUBJECT to easemcnts, rescrvations, restrictions and rights of way of
record.
UNDER AND SUBJECT to an Agrcement dated December 18, 1986, by and among the
Township of Upper Allen, Book-of-the-Month Club, Inc,. and AMP Incorporated.
BEING the same premises which AMP Incorporated, by its Deed dated February 3, 1989, and
recorded in the Oflice for the Recording of Decds in and for Cumberland County in Deed
Book "U", Vol. 33, Page 1057, granted and conveyed unto Cumberland Business Park
Associates, a Pennsylvania General Partnership,
SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the property of Cumberland
Business Park Associates, Mortgagllr and Real Owner under Judgment No. 96-6739 Civil
Term 1996 in the Court of Common Pleas of Cumberland County, Pennsylvania.
NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTED CLAIMANTS
that a proposed schedule of distribution of the proceeds of the above sale will be filed by the
Sheriff of Cumberland County on the 3rd day of July, 1997, and distributions will be made in
accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter.
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1I0mestead Trust #5, Midmd Cherewka Tm~lee
and Mid Penn Bank
Inlhe Court ofComl11on Pleas of
CUl11berland County,Pennsylvania
Writ No, lJ6.67.l9Civil Term
vs
Winding Hilllne" Ilomestead Service Corporation
Cumberland Business Associates, Federal Deposit Insurance
Corporation, Resulution Trust Corporution, Ilumeslead
Federal Savings Association,. Ilol11estead Savings Associations
Michael Barrick, Deputy Sherin', who being duly sworn accurding to law, says on April 8,
1997 at 1:49 to 1;51 P.M., E.D.S:r., he postcd the properties of Winding Hilllnc.. Homestead
Service Corporation, Cumberland Business Association, Federal Deposit Insurance Corporation,
Resolution Trust Corporation, Ilol11cstead Savings Association in Upper Allen T'lwnship
Cumberland County, Pennsylvania with copics of Real Estate Writ, Notice Poster and
Description according to law. Alltructs 1,2,3.4 were posted according to map
Dawn Kdl. Deputy Sheriff, whu being duly sworn according to law, says on April 9, 1997 at
2: I 0 o'clock P.M., E.D.S.T.. hc served true copies of Real Estate Writ, Notice Poster and
Description in the above entitled action upon one of the within named delendants, to wit:
Winding Hill Inc. T/d/bla Cumberland Business Park Associates by making known unto Sharon
Holer Secretary for Winding Ililllnc. lId/bla Cumbcrland Business Park Associates at 6570
Carlisle Pike, Mcchanicsburg, Cumberland County, P,:nnsylvania, its contents and at the same
time handing to her personally the said true and attested copies of the same.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law. says on April 9, 1997 at
2: I 0 o'clock P.M., E.D.S.T., he served true copies of Real Estate Writ, Notice, Poster and
Description in the above entitled action upon one of the within named defendants, to wit:
Cumberlnnd Business Park Associates by making known unto Sharon Holer Secretary for
Cumberland Business Park Associates at 6570 Carlisle Pike. Mechanicsburg. Cumberland
County, Pennsylvania its contents and at the same time handing to her personally the said true
and attested copics of the same,
R. Thomas Kline. Sheriff, who being duly sworn according to Inw, says that he served Real
estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed one of
the within named defendants. to wit: Winding Hill Inc. tld/b/a Cumberland Business Park
Associates a notice of the pendency of the action by regular mail to there last known address at
6570 Carlisle Pike, Mechanicsburg. Pennsylvania 17055. This letter was mailed under the date of
April 10, 1997 and was never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served Real
Estate Writ Notice Poster and Description in the 1()lIowing manner; The Sheriff mailed one of the
within named dclendants. to wit: Cumberland Business Park Association a notice of the
pendency of the action by regular mail to there last known address at 6570 Carlisle Pike,
Mechancisburg, Pennsylvania 17055. This letter was mailed under the date of April 10, 1997
and was never retul'lled to the Sheriffs Oflice.
R, Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent
search and inquiry for one of thc within named delendants, to wit: Homcstead Service
Corporation but was unablc to locate them in his bailiwick. lie therefore deputized Sheriff of
Delaw(m~ County, Pennsylvania to served thc within Real E~tate Writ, Notice Poster and
Desr:ription according to law.
Delaware County Return: On April 14. 1997 at 3:00 o'clock P.M.. NOT FOUND IN
DELA WARE COUNTY, PENNSYL VANIA. So uns\Vers: Domina Slluillace Deputy Sheriff of
Dclawure County. Pennsylvunia
Dclawure County return hereto uttuched.
R. Thomas Kline. Sheriff. who heing duly sworn according to law. says that he served Reul
Estate Writ Notice Poster und Description in the tllllowing munner; Thc Shcriffmuilcd one of the
within named defcndants.to wit: Homcstead Savings Corporation u noticc of the pcndency of the
uction hy certificd mailed marked DELIVERY ONLY TO ADDRESSEE. to therc lust known
addrcss at % Stephen Kilduff. PPC Mitchell Titus Inc. at 440 E. Swcdeslllrd Road. Suite 2000,
Wuyne, Pcnnsylvania 19087. This lettcr wus muil on April 3, 1997 and wus received on April 7,
1997 with rcturn rcceipt card signed by Faith Eindy. Return receipt curd is hereto allaehed.
R. Thomas Kline. Sheriff: who being duly sworn according to law. suys thut hc scrved Rcal
Estatc Writ, Noticc Poster and Description in the following munner: The Sheriff mailed onc of
thc within named defendants, to wit: Homestead Savings Corporation u noticc of thc pendency of
the action by regular mail to there last known address at % Stephen Kilduff, PPC, Mitchcll Titus
Inc. At440 Swcdcsfonl Road Suite. 2000. Wayne. Pennsylvania 19087. This lellcr was sent on
April 10, 1997 and was nevcr returned to the Sheriffs Office.
R. Thomas Klint. Sheriff: who heing duly sworn according to luw. says that hc scrvcd Real
Estate Writ Notice Poster and Description in the following manner; The Sheriff mailed one of the
within named defendants, to wit: Federal Deposit Insurance Corporation successor of Resolution
Trust a notice of the pendency of the action by certified mailed murked DELIVERY ONLY TO
ADDRESSEE. to there last known address at 101 East Rivcr Drivc. Eust HartflJrd CT 06108.
This leller was mail on April 3, 1997 and was received on April 7, 1997 with return receipt card
signed but signature is not rcadable. Return receipt card is hereto allached.
R. Thomas Kline. Sheriff who being duly sworn according to law, says that hc scrved Real
Estate Writ. Notice I'ostl'r und Description in the following manner: Thc Shcriff mailed one of
the within named dcfendants, to wit: Fcderal Deposit insurance Corporation u notice of the
pendency of the action hy regular mail to there last known uddress atlOI Eust River Drive. East
Hartflml. CT 06108. This letter was mailed on the date of April 10. 1997 and was never
returned to the Sheriffs Office.
R. Thomas Kline. Sheriff who heing duly sworn according to law. says that after due and
legal notice had been given according to law. exposed the within dcscribed premises at public
venue or outcry atthc ('ourt 1I0use. Carlisle. Cumberland County. Pennsylvania on June 4. 1997
at 10;00 o'cloek A.M.. E.D.S.T., and sold the same lor Ihe sum of $1.00 to Attorney
Christian S. Daghir Illr 1I0mestead Trust #5. Michael Cherewka, Trustee und Mid Penn Bank,
Its successors and ussigns .11 c/o Etzweiler und Associates 105 North Front Strect, Ilurrisburg.
Pennsylvania 17101. It heing highe:;t bid and the hest price receivcd fllr the same Ilomestead
Trust #5. Michael Cherewku Trustee and Mid Penn Bank, Its succcssors und ussigns at c/o
Etzweiler and Associates 105 N. Front Street.llurrishurg Pa. 17101. being thc buyer in this
Execution paid Sheriff R. Thomas Kline the sum 01'$34.523'<>1 it being poundage. etc, Sheriffs
Costs listed below. See allached distribution sheet lor additional costs.
Sheriffs Costs
Docketing
Poundage
30.00
643.19
~
Christian S. Daghir, Esquire
TRACT NO. I
ALL that certain tract of land situate in Upper Allen Township. Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a parker kalon nail in the centerline of East Winding Hill Road (L.R. 21025)
at a common corner with Ezra H. Sassman; thence North six degrees eight minutes fifteen
seconds West for a distance of one hundred sixty-six and fifty hundredths feet (N. 06' 08' 15"
W. 166.50') along lands of same to an iron pipe; thence North eighty-eight degrees thirty-
eight minutes fifteen seconds West for a distance of one hundred thirteen and ninety
hundredths feet (N. 880 38' 15" W. 113.90') along lands of same to an iron pipe; thence
South eighty-five degrees forty-nine minutes twenty-one seconds West for a distance of one
hundred two and fifty-three hundredths feet (S. 85049' 21" W. 102.53') along lands of Trudy
Jo Strasbaugh to an iron pin; thence South eighty-four degrees twenty-two minutes twenty
seconds West for a distance of one hundred fifty feet (S. 84022' 20" W. 150') along lands of
William R. Lovell and Sergio Ongelia to an iron pin; thence North nine degrees rwenty-seven
minutes forty-six seconds West for a distance of one thousand four hundred thirty-eight and
twenty-three hundredths feet (N. 090 27' 46" W. 1,438.23 ') along lands recorded in "Graham
Village Plan "B", Plan Book 14, Page 11, and" AMP Incorporated, Lot No.2, Plan Dook 52,
Page 22" to an iron pin; thence North twenty-seven degrees thirty,six minutes forty-one
seconds East for a distance of forty-five and twenty-two hundredths feet (N. 270 36' 41" E.
45.22') along lands of same to an iron pin; thence along a curve to the right having a radius of
eleven thousand three hundred tifty-nine and nineteen hundredths feet (11,359.19') and an arc
length of seven hundred cighty-three and eleven hundredths feet (783. II') being subtended by
a chord of South eighty-five degrees twenty-three minutes zero seconds East for a distance of
seven hundred eighty-two and ninety-five hundredths feet (S. 850 23' 00" E. 782,95', along
lands of the Pennsylvania Turnpike Commission to an iron pin; thence South eighty-three
degrees twenty-four minutes thirty seconds East for a distance of nine hundred sixteen and
fifteen hundredths feet (S. 830 24' 30" E. 916.15') along lands of same to an iron pin; thence
South sixteen degrees thirty-five minutes twenty-four seconds East for a distance of one
thousand two hundred tifty-eight and twenty,eight hundredths feet (S. 160 3.5' 24" E.
1,258,28') along lands of Golf Shoppe Incorporated, Lot No.2, recorded in Plan Dook 34,
Page .54, to an iron pin at lands of Melvin R. Eaton: rr.ence South eighty-eight degrees tifty-six
minutes fifty-seven seconds West for a distance of one hundred eighty-six and sixty hundredths
feet (S. 880 .56' 57" W. 186.60') along lands of same and Debra 1.. Steel to an iron pin;
thence South one degree twenty-three minutes three seconds East for a distance of one hundred
sixty-six and fifty hundredths feet (S, 01023' 03" E. 166..50') along lands of same to a parker
kalon nail in the centerline of East Winding Hill Road; thence South eighty-eighl degrees tifty-
six minutes fifty-seven sl:cunds West for a distance of forty feet (S. 880 .56' .57" W. 40') to a
parker kalon nail in the centerline of said road; thence North one degree twenty-three minutes
three seconds W"st for a distance of one hundred sixty-sil and tifty hundredths feet (N. 01'
23' 03" W, 166.50') along lands of Russell J. Walters to an iron pipe; thence South eighty-
eight degrees fifty-si.l minutes fifty-seven seconds West for a distance of one hundred feel (S.
880 56' 57" W. 100') along lands of same to an iron pipe; them:e South seventy-six degrees
eighteen minutes fifteen seconds West for a distance of three hundred feet (S, 760 18' 15" W.
300') along lands of Sam Gosnell, Calvin C. Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees forty-eight minutes tiftecn seconds West for a distance of one
hundred forty feet (S, 82048' 15" W, 140') along lands of Robcrt J. Wentz to an iron pin;
thence South eighteen degrees fifty-six minutes forty-five seconds East for a distance of one
hundred sixty-eight feet (S. 180 .56' 4.5" E. 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty-eight minutes fifteen seconds
West for a distance of sixty-five and twenty-five hundrcdths feet (S. 82048' 1.5" W. 65.25') to
a parker kalon nail in the centerline of said road; thence North eighty-eight degrees fifty-nine
minutes four scconds West for a distance of two hundred sixty-one and sixty-four hundredths
feet (N. 88059' 04" W. 261.64') to a parker kalon nail in the centerline of said road; thence
North eighty-six degrees thirty-seven minutes twenty-nine scconds West three hundrcd forty-
seven feet (N. 860 37' 29' W. 347') to a parker kalon nail in the centerline of said road;
thence North eighty-five degrees thirty-six minutes seventeen seconds West for a distance of
seventy-six and twenty hundrt:dths feCI (N. 850 36' 17" W. 76.20') al')ng the centerline of said
road to the point of BEGINNING,
TOGETHER with and subject to covcnants, casements, and restrictions of record.
CONTAINING 58.1275 acres, more or bs.
BEI:'oiG the same prcmises which Margaret B. Wentz, widow, by her Deed dated December
23, 1987, and recorded in the Office for the Rccording of Deeds in and for Cumberland
County in Deed Book "e", Vol. 33, Page 710, rrallled and conveyed unto Cumberland
Business Park Associates, A Pennsylvania General Partnership.
TRACT NO.2
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies at the intersection of land
now or formerly of Ben-Janson, Inc., and of the Mary Ellen Eberly Estate; thence along East
Winding Hill Road South forty-nine degrees twenty..one minule~ fifty-seven seconds West
sixty and seventy-scven hundredths feet (S. 490 21' 57" W. 60.77') to a point on said road;
thence North nineteen degrees twcnty-six minutes fifty-five seconds West two hundred twelllY-
four and seventy-one hundredths feet (N, 190 26' 5.5" W. 224.71') to a pin in lands of Mary
Ellen Eberly Estate; thence South seventy-eight degrees forty-four minutes thirteen seconds
West eight hundred ninety-four and thirty hundredlhs feet (S. 780 44' 13" W. 894.30') to a
point in the lands of the Mary Ellen Eberly Estate; thenre South sixteen degrees three hundred
tifty-six minutes twenty-four seconds East two hundred sixty and fifty-nine hundredths feet (S.
160 3.56' 24" E. 260..59') to a point in East Winding Hill Road; thcnce in and along the same,
along a curve bearing to the right, having a radiUS of eight hundred sixteen and sixty-five
hundredths feet (816.65'), an arc distance of fifty-one and twenty hundredths feet (51.20') to a
point; thence North along lands now or late of Carl Wentz North sixteen degrees thirty-five
minutes twenty-four seconds West one thousand four hundred twenty-nine and forty
hundredths feet (N. 16" 35' 24" W. 1,429.40') to a point; thcnce South eighty-three dcgrees
twenty-four minutes thirty seconds East thrce hundred twenty-scven and eighteen hundredths
feet (S. 83" 24' 30" E, 327,18') to a point; thence South seventy-four degrees seven minutcs
fifty-five seconds Eastthrec hundred three and ninety-eight hundredths feet (S. 74" 07' 55" E.
303.98') to a point; thence South thirty-eight degrees twenty-four minutes thirty seconds East
three hundred ninety and thirty-two hundredths fcet (S, 38" 24' 30" E. 390,32') to a point;
thence South eighty-three degrees twenty-four minutes thirty seconds East two hundred eighty-
one feet (S. 83" 24' 30" E. 281 ') to a point; thence North eighteen degrees fifty-four minutes
fifty-four seconds East forty and twenty-eight hundredths feet (N. 18" 54' 54" E. 40.28') to a
point at lands now or fonnerly of Ben-Janson, Inc.; thence South nineteen degrees twenty-six
minutes fifty-five seconds East seven hundred twenty-five and sixty-one hundredths feel (S.
19" 26' 55" E. 725.61 ') to a point of East Winding Hill Road, the place of BEGINNING,
UNDER AND SUBJECT to ccrtain easements as indicated on Lot No.2 and bcing LO! No.
2, Plan of Lots prepared by Michael C. DeAngelo, Registered Surveyor, and recorded in
Cumberland County Plan Book 34, Page 54,
BEING the same premises which The Golf Shoppe, Inc., alk/a Golf Shol'pe, Inc., a
Pennsylvania Corporation by its Dced dated May 25, 1988, and recordcd in the Office for the
Recording of Deeds in and for Cumberland County in Deed Book "1", Vo!. 33, Page 72,
grantcd and convcyed unto Cumberland Busincss Park Associatcs, a Pcnnsylvania Gencral
Partnership.
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or
formerly of Mary Ellen Eberly Estate; thcnce North sixteen degrees thirty-five minutes
twenty-four seconds West two hundred sixty and fifty-nine hundredths feet (N. 160 35' 24"
W. 260.59') to a point; thence along other lands now or fonnerly of Cumberland Business
Pack Associates North seventy-eight degrecs forty, four minutes thirteen seconds East eight
hundred ninety-four and thirty hundredths feet (N. 78" 44' 13" E. 894.30') to a point; thcnce
continuing along the lands now or formerly of Cumberland Business Park Associates South
nineteen degrees twenty-six minutes fifty-live seconds East two hundred twenty-four and
seventy-one hundredths feet (S. 19026' 55" E. 224.71') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a radius of seven huadred ten feet (710'), an arc distance of four hundred forty and liVl'
hundredths feet (440.05') to a point; thence continuing along said Windlllg Hill Ruad South
eighty-six degr"es one minute thirty-live seconds West one hundred eighty-seven and forty-two
hundredths feet (S. 86" 01' 35" W. 187.42') to a point in East Winding Hill Road; thence
continuing by a course in Fast Winding Hill Road by a curve with a radius of one thousand
one hundred ninety-seven and sixty-one hundredths feel (1,197,61') and an arc distance of
ninety-nin.: and ninety-four hundredths feet (99.94') to a point; thence continuing by a course
in said East Winding Hill Road South eighty-one degrees fourteen minutes forty-two seconds
West one hundred fifty-one and sixty hundredths feet (S, 810 14' 42" W. 151.60') to a point
in East Winding Hill Road; thence continuing in East Winding Hill Road by a curve having a
radius of eight hundred sixteen and sixty-five hundredths feet (816,65') and an arc of thirty-
nine and forty-seven hundredths feet (39.47') to a point and place of BEGINNING,
BEING Lot No, 1 of a Final Subdivision Plan for the Mary Ellen Eberly Estate, sUrvlvmg
administrator, dated Sepl~mber 13, 1978, and recorded in the Office of the Recorder of Deeds
in and for Cumbt;rland County, Pennsylvania, in Plan Book 34-A, Page 54.
CONTAINING .5.790 acres, more or less.
BEING the same premises which Joseph W. Eberly and Marjorie A. Pugh, individually and as
sole heir in her capacity as Adminislratrix of lhe Estate of Ruth A. Bitner, deceased, by their
Deed dated November I, 1988, and reccrded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book "Q", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associates, a Pennsylvania General Partnership.
TRACT NO, 4
ALL that certain piece or parcel of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Resubdivision Plan
for AMP, Inc., dated August 23, 1988, recorded in Cumberland County Plan Book 56, Page
24, more particularly hounded and described as follows:
BEGINNING at a poim in the center of South Market Street (Route No. 114), said point
being approximately one thousand four hundred feet (1,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minutes forty-eight seconds West a distance of sixty feet (N. 260 11' 48" W. 60') to a point;
thence through lands now or fonnerly of AMP Incorporated, North sixty-three degrees fifty-
eight minutes two seconds East a distance of one hundred ninety and forty-nine hundredths feet
(N. 630 58' 02" E. 190.49') to a point; thence by same North eighry-three degrees twenty-
'~ight minutes forty-two seconds East a distance of two hundred ninety-seven and sixty-four
hundredths feet (N. 83028' 42" E. 297.64') to a point; thence by the same and a curve to the
left having a radius of one hundred fifteen feet (115') an arc lenglh of ninety-four and fifty
hundredths feet (94.50') to a point; thence by the same North thirty-six degrees twenty-three
minutes thirty-eight seconds East a distance of ninety-three and thirty-four hundredths feet (N.
36023' 38" E. 93.34') to a point; thence by the same and a curve to the right having a radius
of one hundred eighty-five feet (185'), an arc length of one hundred forty-two and forty-three
hundredths feet (142.43') to a point; thence by the same North eighty degrees thirty minutes
twenty-two seconds East a distance of two hundred feet (N. 800 30' 22" E. 200') to a point at
lands now or fonnerly of Carl Wentz; thence along the same South nine degrees twenty-nine
minutes thirty,eight seconds East a distance of sixty feet (S, 090 29' 38" E. 60') to a point;
thence along Lot No. SO. Graham Village Plan Book 14, Page II, and the end of the right-of-
way for Reynolds Street South eighty degrees thirty minutes twenty-\wo seconds West a
distance of two hundred feet (S. 80" 30' 22" W, 200') to a poim; thence through lands now or
formerly of AMP Incorporated, by a curve to the left having a radius of one hundred twenty-
live feet (12.5'), an arc length of ninety-six and twenty-four hundredths feet (96.24') to a point;
thence by the same South thirty.six degrees twenty-three minutes thirty-eight seconds West a
distance of ninety-three and thirty-four hundredths feet (S. 360 23' 38" W. 93,34') to a point;
thence by the same and a curve to the right having a radius of one hundred sevemy-five feet
(175') an arc length of one hundred forty. three and eighty-one hundredths feet (143,81') to a
point at lands now or formerly of the Mechanicsburg Assembly of God Church; thence by the
same South eighty-three degrees twenty-eight minutes forty-two seconds West a distance of
two hundred eighty-seven and thirty-three hundredths feet (S. 83" 28' 42" W. 287.33') to a
point; thence by the same South sixty-three degrees fifty-eight minutes two seconds West a
distance of one hundred eighty feet (S. 630.58' 02" W. 180') to a point in the cemer of South
Market Street, the point of BEGINNING,
CONTAINING 1.390 acres.
UNDER AND SUBJECT to easements, reservations. restrictions and rights of way of
record.
UNDER AND SUBJECT to an Agreement dated December 18, 1986, by and among the
Township of Upper Allen, Book-of-tht:-Month Club, Inc,. and AMP Incorporated.
BEING the same premises which AMP Incorporated, by its Deed dated February 3, 1989, and
recorded in the Office for the Recording of Deeds in and for Cumberland Coumy in Deed
Book .U", Vol. 33, Page 10057, granted and conveyed unto Cumberland Business Park
Associates, a Pennsylvania General Pannership.
SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the property of Cumberland
Business Park Associates, Mortgagor and Real Owner under Judgment No. 96-6739 Civil
Term 1996 in the Court of Common Pleas of Cumberland County, Pennsylvania.
NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTlm CLAIMANTS
that a proposed schedule of distribution of the proceeds of the above sale will be filed by the
Sheriff of Cumberland County on the 3rd day of July, 1997, and distributions will be made in
accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter. _
""~'~'~'~~'~~~~~~~':"~~'~"~'~'/)LI{""I,i (( A l '; {
SHERIFF SERVICE \IN'fHI}( Ttl)N~ ~()Il ',~IlVI( lc lJ/ \ Y';l\j mll~llll., DIll'
1111'111114110111 '1htlt'l 1m l'ill h IJI'II,HloJ,1II1 Ptllll~tJ Iypu or plllll h!-ijltJly
PROCESS RECEIPT, and AFFIDAVIT OF RETURN "" Nu' "..""" "'" ",'"''
1 PlAINllf' ~i Mid Penn B(Hlk I" ('H)1l1 NlJMUlH
lI~s['"ld '1't1.1:3[ II~~' ldl<Jul chon"....k.. 'l'l\J,,[.... d!ld ')(,-() 11<J Civi [
'~:rH.j{)AN"" . Inc. C r1J'YI'!IJlWHlrCJlIIl)Ml'lAlNI
\ lIonest<:>f1d Savln9B~ . ophon Kilduff Iwe Mltch(lll /,l'itU6
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AT 440 E. Swedesfotd Rd. Suite )()O() Wayne l'a. I<JUlrI
IWJlI:AII IJNlJ',lJM ~,I.II"IU [JIH-Ij MAil []lJEPIJII/E tJf'()~;r OUTHUlCumbnrland
Now. Mardi -'i 19 97 ,I. SHERIFF OF'IX?l.'II1WIlRE COUNTY. PA. do hcruhy deputizethu Shorlf! of
De~~..war8. Count,Y 10 o)('(!(;LJto thIs Writ ond make rutlHn thoreof Rccordlng
to taw This dnpululHHl being mado III tho request and risk of till.' phllnt'" .~.. ._n. .
'1<111111') ()()Nly
S. SPICIAL INSTRUCTIONS OR OTH(R INfORMATION THAT WILL ASSIST IN UPIDITINO SlAVICI Cun r. and
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9. PRINTfTYPE NAME AND ADORESS OF ATTORNEY/ORIGINATOR 10. TELEP~tONE NUMBER 111. DATE
12. SIGNATURE
1:1 I ,I"kn'''hll'dq,' r,', '!Ipt (I' !Ill' "",' I
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PACE BELOW FOR USE OF SHERIFF ONL Y
SIGNA TU
on HltJ
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SO ANSWER.
'1-t<[/t~,~#I((( :'~-.; (/-97
SHERif' Of OllAWARI COUNTY
Ml' C'IMMI',';II)N F ~f'IHr
.'.1 '^(,K~l',wUI:(JI- IH( l'i"'1 "I r~t1 SHERIHS RETURN SIONATUR(
')1 AI)nll)!llir(ll- ,I!lN., ^','1 flll.1lf f .Hi;- 1,li.1 __._.._~_._.._____..u
L"d!"Ii"''''''''
NOTARIAL SEAL
M THLEEN E McCUfN. NotlllY Public
UedI. Borough, Del8w.,. Count,
CommHI;!~f~J!!!.~.~L7.1_ ,
. ... ,
Proof of Publication of Notite in The Patriot and The Evening News
and The Sunday Patriot-News
trader .~c:t No. 187'. .\ppnal'd 1'1&)' .... 1028.
('t)mmt)7IlO.ultA of P.nn'/lI,'nniu, }
CO,,7I'/I 01 nUl/phil! .,.,:
...........................tl,~.Sr..~~}....M~,~!;".~?~............... ..........b~inll duly "worn according to law. d~poses and says:
Asst. Controller
That he is the ............................of THE PATRIOT -l\E\\'S CO., a corporation orlfanlzed and existing
under the laws of the Commonwelllth of Pennsylvanlll, with Its principal office and place of business at
812 to 818 Market Street. in the City of Harri-burll. County of Dlluphln, State of Pennsylvania, owner
and publisher of THf; PATRIOT and THE EVE!'IIl\G NEWS and the SUNDAY PATRIOT _ NEWS
newspapers of general circulation, printed and p"bli"hell at 812 to 818 Market Street, In the City,
County and State aforesaid; that THE P A TR10T and THE EVENING NEWS and the SUNDAY
PATRIOT - NEWS were established March 4th, 1854, and February 15th, 1917 and September 18th.
1949, respectively, and ali have been continuously published ever since:
That the printed notice or publication which is securely attached hereto Is exactly as printed and
" Metro We.s.t 29th day of April and
published In their relf\JlavealOons ana Issues which appeared on the ..........................................................
the 6th and 13th days of May 1997.
.....................................................................................................................................................................................,..
That neither he nor said Company is interested in the subject matter of said printed notice or adver-
tisin&,. and that sll 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 euthorlzed and empowered to
verify this statement on behalf of The Patriot.Newij Co. aforesoid by virtue and pursuant to a reMlu.
tlon unanimously pasaed and adopted severally by the stOCkhOI/ers and board of directors of the .ald
Compan~ and subsequently duly ~e.:~rd~d in the office. for the t rd/ng of C!'edsln and for 8ald County
of D~:yi:fl~~~;;..~;";:~;I::;;:nM ,\Ohl.....'.~..I..::.~,~~'.'~:.:~...........,., 7U,L..;,J.-.1:,'..!.~..,.i...\....................
Sworn to and subscribed. ore me r 7~~..........day of
.o!~!,)E!....., 1 '.!tiL "//I/It'e/
Tr.ir~.'~~~n tu~...7.. "'N~'[~~"p~ii~"
My co rMlM _ res June 6,19'08 ..................
StatemenroTAa;;rtWng Costs
c umb.e /;,.)..;;1 p.d... c'1<.U P. tY....s 1:\ !;'.r.i. t;t; R....Q %. t.1. ~.f:....
ea r 1.~.~.+.E!.I......P !':.-...... ~ .?I!.l.},..... _. ......... ....................
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached hereto on the
above stated dates. $..}.!..9 ~.~.:?L.
Probating same $..............~..~y.o.....
1,937.73
Total $............................
S ALE #10
Publisher's Receipt for Advertising Costs
THE PATRIOT-NEWS CO.. I,ublisher of TilE PATH lOT and THE EVENING NEWS and the
SUNDA Y PATRIOT-NEWS, new"paller. of lI~rll'ral drculation. hereby acknowledj(e receipt of the
atoresaid notice and publication costs and certifies thut the 80me have been duly paid,
Tm; PATRIOT-NEWS CO.
fly.........
. . 3
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TlUIlM=~~\"'k
VI
Win HUI, I c. and HO<ne"="
...V!S!~ ' hodlnljd
AiiOC un nd II
and~W~"8 ~ra&
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01 Mcelver aI'IlO'iM_ 101
etI ,CC '1=.
S. I
~')(~~9Q6 ?Oghl~ ["1U"O
All that cort~n !,oct ot klnd ~tuolo
In Uppot Allon O'W1'M1IJ.). Cumberland
aounty, ponn~K mHo. hOHnded and
O\W~~~60(~~JSPO",cr kalon naU In
thQ conlolhne 0' ErJ~1 WInr...lln\J Hill Rood
(l R. 21025) 01 .1 l'r~rnll1l1n cqfnor wtlh
Wro H S(,5MTl<Jr1, tlH)f1Ct) North 'illl
l ooroo~; nlqht ,rnr11j!U~ Illfnon ~nCOl1d~i
osl fur d' <ll~I'Jn, t' (11 '/H- I1IJI),III),1
'~)ltY'iI~()rlll 1'''/ tHjf1lllt,Il!t-,. f,',,! I~: IV,
OA' I~)' W f)fl ,o') (11<lnq 1']I\d', d ','111'"
I,} 'w 11,')11 I'll 'l' Ih,'r" I' tj. Ittl '-'1111,'_
".It.Jhf ,IU\}f.H':' U\lr!" 1,1I.t rl',l,'." . ..,
".7011 ~"" ')' I'. ':" ',t I, 'r I' ll~t. If " '.' , r
ono hund,ed thirteen aod nlnotv h\'n.
dredthl 1001 (N R8 3R' '5" W 113 'I()')
olono ond$ of "to:no In WI frQn D1lJO:
IhonCo Soulh CIOtlt..,. -lIvo dO{jlOe5 forty
nIne mJnulO$ twenty-ono 5Oconds West
'~Q dl.tonco 0' una huodred rwa "'nd
II '.thl~!> hundredth, 'owt (5 85~' 2 '
W 02 ~1 along land' 0' Trudv Jo StrO$.
~ 16 on 1'00 pipe; thenco South
01 ,lour de~oo' rwenly.:C~ mlrouto.
n oecon West lor m %off ~
yoo..h~I6'II84Qn ,~ft"~lIIom f lovoil
r;;:IcI 5Oroli) OnoOllo To on Iron pin;
thance North IIIne dearer, rwer!v.
1l8'I! minute. 10 rtv.~, sOCon We" lor
* tOlnxa 01 one thou$Ond OUI hun.
r thl .olgt1t and rweo -'hrOQ h .
,t~ 09 27' 46" 1.438.
a on'li~O~l I~'ded In ~oham ~~?
~a n B" PIon Book 14, Pooo n
. MP Incorporated. lot No.2.
n Book 62. Pogo 22" 10 00 Iron pin.
thence North twonly.,even d~rae!
thlrty.~, minute, lortv.one second, EQ5
tor 0 ctlstonco of lorry -five and twer"!ry:
~Q hundredth, 1001 (N. 27 36' 41" E
4 .22') along lands of 50me to on iron
pin; Iflance along 0 cuNe to the light
hOVI~O rodlus 0' eleven thousand
thlOQ nclred II .nl e nd olnoteao
r.und,a th, teet c'1'b!9i 1.\1) ood on ole
enoth of :IOven huodwd elohtv.fh,ee
ana eleven hundrodfhs teer (783.11')
beI~ wbtendod bV 0 chord at SouI~
e h -flvo de re 5 '...,..onty.throe mln
"lis ero secoRd'~OSl fo< 0 dlslonce 01
!)f)val'1 hundrfJd eiohty.lwo and nInety
IIv\! hundre(lIh, 'eet (5 85 23' 00" E
IS:;? Wf) along lands 0' tho Ponnsylvonlo
Tu,nplkfJ Comml~lon to an Iron pin.
thence Soulh clghty ihroo degrees
twtlnty.tour mlnule'i thirty seconds East
tor a distance 0' nIno hundred slllte~n
O(ld 'INeen hundrudths 'flt)t (5 63 24'
30" E 916.15') along land, 01 $Ome to on
Iron PIn; thenCQ S6Uth sllCteen to an Iron
~'n~' thence South !illCteon degree)
I .flve mInutes twenty-tour secOnds
os lor 0 d~toniot one Ihousand rw(~
undred fifly.e I ond rwentv.elgh
hl.lndrJldth. Ie (5 16 36' 24'
1.268.26') oIono lends 01 Golf ShOl)pe
~COrpOfoted. lot NO.2. recorded 10
on 80 lk .)4. P e 54, to on Iron In t
onds oP Melvin 11 !ato~1 thence ~~?h
e!ohtv.eiahl decree, nfly.~, minute,
tlf'rV-siJvari 5eCon(J$ We1t 'or 0 dllITance
~ ~.hV~treg eNt~,'~~r'~.rl~.h~i
g(ono lend. "I $Orne ond Dobio l'Stael
to dh Iron pIn; thl'3nce -South ono
d~.ee rwenly.tlllee mloute. Ihr'lle sec.
o Eost for a dlstanco 0' one hun-
dJ ~'!:icll' and fifty huodler;Hhs lee'
(5. I 23 03" E 106 50') l)'Onlllonds 01
same to Q parker kdlon nolllr'l' thO can,
toninG of East WindIng Hili ROOd: thence
~~'h .e'ghlye'Qht de.~e.' fi"'J-~' min.
ute!l flrty sevl!Jn 1ccon 'NeM ror a dls.
tonce ollorly ''lol (5 8!;6' 57' W 40')
10 a pwkur klll'ln nnll In Iht: ,_:f)ntmllnf')
of 11"1I,'j r{'1ld It .,,--,r,-' ~lf,f;1'1 ,'nf-) deqrl}l'}
t'~"n!v 'r'r,:,' 1','1 ,,"", 'r',r'" ';'ll'qn,j~
Wlt';1 1, r I 'JI',',III" "~I ',I",' hIJr'l.1r,"'J
~)t uno 'ft~lJr'dr~Jdtn:llut;tt N Ui
"WI66~:IIoI
, , loan I n . thence
-etahl v.~...
. \I8~sec ~
~~~o_,,;:~--\~e
-
or one hvnd'u<' '''<;lO'y"' ~n<1 '1"Xi"n
odlh. root S 6ll o;,'!, W 1 I:IJ
~ono laMI of somo onr j )ut)l(] , IOO~
lO dh Iron pIn. thl1nco ~I)l l!h ono
dearQ9 IWIJnty Ihroo Illlnulu!J ")rllll !'oOe
o~ EOIIt for 0 cjl510nl 11 ot uno hun
dr !'iI~ly~)C !ld filly hunrlrp{j!h') loof
(5 1 23 03" 166 ~J) ulorlLJ Illrllj~ 0'
some to ~ pol or ll.d1nn nOli I" 11)0 nm
terUne 01 O$t Winulno Hilllhl(ld Ihonco
South ,\JIg Ily cight {l~ur()l}~ flffy ~Ill mln
utea flrTY wven wconf1fi Wml fOf t] <Jj~
lance ollert'lloot (5 ~8 b6' bl' W dO')
o 0 DQfkor WQlon noli In tho cl)nlorllnQ
~toId rood, tl1Oneo North onu dOW08
"'I'i.thlee~nvt.. three "'C01
.lQr a e of one hunor
i . nnd 11<110 11\, r....~(N
~~WI..fll)')'II"1\11("ILj.)(jlr
.W~'tJf~!U'IIIU'II"IJI' "\"I1C9
eIoh .elght d(IIJrol'~ fIIlY~)I ..
mrr., V~5OCO"(j' Wo."O' Q ~
~ od I..t (S IlIl 00 .
11 olonO ot 110 10 ~
i ti'le~~I" ~n -elx ~l)!1
o ~8PK~&!rtJgnl.Jt
loti to ~ ~ D1n,~e ~h
I .tw~o etf"fcitm~ minWe,
~w f~' 8 ~I~'W
of rt Wentz to
on' e Ih eIohleen
-II>t en tee Oft/.lIVe oec.
~~!m<}~l~8~r~k!
m~cii tll.W.!J: thei
ellil'.!X:.~~~f9'!Y-e "
nul.. i'~ltvsec w. I :~.~
81 OJ~(SJ ,,~fii~l~
~~~~.M't~~ I
~' ~e ortwo hundf
\In r n~edIh' r~t
olon naliln ' ~!iertrne a? .gJr"~~
ence North e .aI. 'ee. Ihlrtv-
) seven mlnuto. 'Y:ntv-m ,econd'
Wa~'I"gO hund~~ortv "'von IMt (N
86 ~' 2Q W 3.4'1) to a purlu;or !tuil lfl nllll
In I ~n'erllne 01 IIOId 'OQ~ thence
No htv,flve ree thll .six ml -
W" IIlV leen ~da tve.t or 'l, dG-
~8eI~ 1t ~1)d1)'rY~ty76\l11;
rlna 01 sold rood 10 ti1$
lNG,
, with ond subleCt '~-
, 'lClnta. fIOIllmenta. and rilelllC: 01
'~A1N1NGi\8127~ocres. more 01
leu
BEING the 'IOme premlsGl ~Ch
MorOOtE8 Wen . widow. b~her
dol6d ecem r 2, 1937. on
leco In the ~~ce JOIfe ~ecor .
II 0 Oeeds In ond 101 umbertopd
n In Deed Book " ." VOl. 33.
~~ e: 10. gr~'ed ond conveyed unlo
~~t1on~ """os Pork Associate. A
. e1~~c?~8 nerol Portnel!hlp
ALL that certc:;n lracl 01 coreel 01
land situate In Upoo' Allen Township.
Cumberlond County, Pennsvlvonlo,
~~nded and described 0$ lonows, 10
BEGINNING at <> polnl In Ea.' Wind,
~ Hili Rood willen polnl lie. 01 the
iIlI><lClIon 01 Iond now 01 to e of
". 0 , II, and 01 tl10 0 len
be~~e:sce~01'(l5~nd'
~ Ii Rood th I -nine degree'
We," -on~ml e. n -lAv"" sec~nds
~e. rJl~t .'% l,'ly~~t'iJ'JieJh Igr:;.
nl on iOOc{ 'thence North n,ne.
aen doore... twenty-si' mlnule. nlty
five seco71d' West tw6 hundred twenty
lour ond lAventv.! . hundred"" 10'"
N. 19 21 ' ,- W 471' to a ')In In
f,~. o? ~ary Elan Eb.:'IY Estate.
nce South lAvenry-eigl1l decrae'
to v.foUl m utes thIrteen secol1dswest
elr, t h nl.netv-I~v' ond thirtY
hundr t (5 7844 13" W 894 301
loot land, 01 Itl.. Mary Ellen
Ebe atate: theoco South sl:deen
de r three hlJndr~)d fifty-she mlnutos
lUll ~'Jil
.. 0 ooInlli~clia
eltl Md CUlPG
~~~~~~m~~~
~( leen ond )!)(1" .Ilve hu~~dths'......
6 M'l on (]I(' rJl!'\tance 0' ~~
und rwenty hi Jfl(jrodtt1:1 te8t (5 t 'J. to
a &)OInt, ~herH. e ~jorth ulono lands
ct- tllO 0' Curl Wentz NOrth SI
.915$ thlrty-tlvtl rnInutEl~ tw'enty- our
nd1 Wf.~1 (,nfl 11"1, II r'inrd t~lur t)un
, twonl', f'lrn 'Jill! 1,)(1', hlJndrerlths
eet (N It) i.')' ),1' ~\J I ,1)(.l.U)') In a
I:!(llnt Ihp/I"~) "I(lll'h (1lqt).y throe
W~~I "~dw"Cl
\J;e~r6'7'6S''''''t mi~ t POOi:
",\~I~,?,el ~~trr,U!~ 'tl*!!ore~tJ~?r~~,
"Ul'I' lliJ/IlJrn(j IlIPU!', dl)d Ihlrty.lwo
hljndr(Hj!tl~ rool (5 36 .'4' JO" E 3~ 3:l')
It) ,) pOint thon(o SotJfh oluht,; throo
DIU 1(10& Iwonly-rout nllnulOi\ lh.lrty we
E~t rwo tluqdrod olOh'y ono luot
. 24 30" E 281') tQ (] pOint tnonco
o e1ghleon <Ionrool. '''fy 'our mln
utel ltrty.lour WClJI'lOi\ East forty ond
twenfY:9lOhl hlJn~jrlldlh5 'out (N l/A M'
64" f 4078') to (J pOint of l<Jfld~ nur or
formf'lly 01 Bon.Jllrl50n If 11 1110nco
South nlnoloon d~Uf(J05 l'Nonly ~I_ t nln
utos !lftylt\i8 StXanti~ E031 ',n.l't) hllr
=r twentv.hvo on<l ."y.~rl<J l1un.
dr th"JUS 19 7~' 55" F. 72561')10 a
nt at q&l Wlfl!..1lng Hili ~oocf the
Place 0' GINNI~l>
UNDER AND SUBJECT to cMaln
easements 0& Indicated on lot No. 2
and bolna lot No 7, Pion ot loti pre.
pared bv'Mlchaol C DeAngolo Reg~.
ter'Pl:SUlYayOf, ond recorded in C~..
be County Plan BOOk 34, Poae
I G tho somo premj~s whleh he
Go! Sh9Ppa. Ine, ~/k/a GelI Shoop!!
1[lC. \I pennlylvonla Corporollotl tiv '"
Daed doted May 25. 1988.0nd
Iln tho OHlce lor the Record,
o s In ond lor C~mberland
un In eed Book .. J,' V(jl. 33.
2. rOQted ane) conllaveg'unto
Buono" Park AuOClotee. a
81onerol Partnership.
I cOrtaln troct 0/ corce' 01
land altua 6 In UPPOI Allon lOWfi!lhlp
Cumbf\rland County, Ponml,jl....(1r\lo..
boUnded and descflbed as follows, '0
wil:
BEGINNING at 0 point In Eos' Wind.
~"I Rood, which point '1M an the
w or 10 merlv 01 Mo Ellen
"f.IQle: l/(enCB North ,"".I,en
thlrty.fllle mlnut~ 1w('1ty-lour
MCl:lnd! West two .hundred ~JCly' CInd
~mndtedl!\l leel (N. 1635' 24"
W , 10 0 l)9lnt: tfiencv Qipng
other now or tormerlv 01 cumbef~
land nelS Park AISoClot", North
ll/Ven!'l-elahl deor09' lorty.lour min.
utes thirteen secOnd. Easl elaht hun.
E&ed nl"'tv-lour and thl~hulldredth'
eet N. 7844' 13" E 894. ') to 0 point;
e canNrolna olano t landS now
atormertv 01 CumberlaM Busine" Park
10le. South nineteen de ree
twen .~. minute. tlNy.tlve 5ecOnd~ EQO~
two hUndled tweQty.four c;md 5e''-lin"".
~hundredl!\l '" t IS 1926' 66" E
, 4.71~ to 0 poln.1n Ea.t Wlndlna Hili
. 1h!lnc<! In and aloog Eo~t Wlnd-
Ina 'III Rood olang 0 cUIVe boorlng
Will 000 ~ ",e iGlf hOlllng Q. rodlu\ 0"1
en hun red ten feet 7H1), on rc
~once 01 lour hundred ~orly and ~lIe
i'1I.IndIedtha leet (440.061 to 0 P<l!nt:
theoce citlnulng olana sold Winding
Hili Road th ellJhty..fi dear.ea one
mlnule /hi .five SGcondS \'Ie.t one
/lundred elahlll'''~on on8 tar!'i.two
, hundredth~ teet (5.60 01' 35' W 187.42'1
t..., .., f"!l"'iln+ In tfl~t Wlnrlfr1l1 HI!I ~r;"rl
Ihotlt:.-) c~.,rl!ll, 1" '/ t," 'J "rw".' II, l(I~,'
\'VlnCllny HilI I",]. l,y I ,,',(' Nlltl '1
rodhJ& of orl" !tll'lIl~illn,j (1r10 t,urldrtKI
nlnety-S6. von 'lllll 'il~ty <Ji'l1J t\undrfJdnl!i
feet.(Ll97 61') and (]n orc (jlstonce of
ntnet't!.une and .nlnety four hundrj:Jdth&
feet (w.94') to a poInt. thfOnco contlnu-
i[1g bv a cours. In laid East Winding Hili
R<<Kl South elQllfy.ano dogr"'l' tour.
tean mln~t... Rlr!'i'two 5econda W...t
one hUndred nttv.one and o.!Y~un.
dredttl. leellS. 81 14' .12" W 151. to
Q point In !ost, Wlndlnp Hili 000:
=a e contlnu'1ln Eoe Winding Hili
bV Q CUIV hUlling 0 radlua 01
elat hUndred .1"'10 and s1JCly.tlve
/lulldledlhll leet ( 16.051 and on ore 01
~C\ (lnd fQrty.sellen hUndredlha
47') to a point and place 01
liNG
I G lot No I 01 0 Final Sub-
~\IIaIOn F'ton 101 the'Mo1V EliGn Eberly
.,Clte, lIUIVIII~ administrator. dated
:>ePF' I 978, and rocO/ded In
th<l 01 llecarc19r 01 ~ In
dnd 0/ "um~a~ County. Pe. nnav'.
IIQ(lICJ In ~on k .A. Page 54
CONTAINII 5 Q() acres. mare 0/
teaa,
BEING the ""mo prom"'" Wh~h
Joseph W Eberly and Marjorla A flU .
Indillldualty and 05 sola heir In
ca!flty oe Admln"rratlx 01 the EltClte
91 th A. BltMr deceard.lthelr
De dated NO~omber . 19 ,and
mcorded In thft Q1'flce fer the Ofd.
Ifl'J nf nt='lOr1~ In and for ('IJmh.,-.rlnnr-t
(JJUfl~1 1n [)f!~.td Booll \ J 'J"ll ;l,\
Puce 94}, 'Jfon'ed and (m 'J(!'{~)d unto
Curnbel10nd 8usIne~' Park ASSOCIates. 0
PenJ).'Y!)(9~1S! G.onot'OI Partnersi'"p
~'iv~- oeea 000Il ... v'" ...
.'~4 , "m"'1Cl ~onvayGd unlo
Cufflbe' ~') Pen; AuOclotos. 0
P9nn1y~onI<l "",01 P'Jrtner>hlp
!RACI NO.4
All that certoln piOClI or paleol 01
kind lltuole In UPPer Allon T ownM1lp. .
Cumb0110nd Coun'"", Ponn~ylvQnla
bOunded cnd der~rlbl.ld III oq:or
cJal(:o wtth a Fino' RO~l.Jlll11....l6k>n Pllln
101 AMP. '~dol'''J AUQu,1 n lues
8CQrded umlxl!10ntf County Plan
~66' 0 24. moro pOrflt.:ulWly
oe5Cllbt)(j m rQliow~
~ ~ at () pOint In tho con")1
01 Ih ~Of\<el Slroll)' (~OU.O NO 114)
; polnl belOlI oPP'o"maIU'~ onu
sand four hundrod luof 1400')
~Q' pennlylvonlo hJrnpl~O: t 100CO
th8 cen 01 01 South MOlket 5tleet
twenty-six dogrees 0113....00 min.
let 1()I1y.~1 ",cond, WQI' Q dlS
~C. I .htY Itllll (N 2611'48" W /iJ)
o t; Ihenc~ th,ough land> now 0'
01 AMP Inc~'po'alc:><J. North
, ,~ea'- fi .elght mlnule.
l8e I 'Eost (] ,lone ot ono
~ nq\'( ond lort~.n~n". hun.
leel (N. 63 ~'02" E 11>0 4~) 10
a ooIn . thane" by samo North olghty.
thl.. dea,ee. twenly.elghl mlnules
lorty.two wcOnds Easl a dl.lance 01
two hundred "lnety.saven and !lIxty
. I.Q\l! hund,edthlleet (N 83 28' ~~. r
I '1'/164') 10 0 po nl; ttlencn by ttlo ~nrnl}
, and 0 curvq 10 tho loft hlJIoIllO 0 rlJOIU:)
01 one hU!'OlGd flfl~en lee1J1T5~OrC
'~~Of nlnety.lou, an fi hun.
diE ,.., (94.50'1 10 0 point; e
bY same North thlrty.~~gr...
!Wen .Ih'" minutes thirty. I sec.
onds '051 0 distance 01 nln ty.thrQ<il
WI' th\l1V.IOI/r. hund,edth. leet (N. 36
38" E 93341 to 0 point. tMnCe by
same and 0 curve to the ~hl haV.
~ a rodlu5 01 one hUnd,ed e hty.live
I 1861, on OIC len th of e hun.
~( 1l!>1:..tw~nd ~ortY'lhree hun.
~e:.t 142 31 to a p'o<nl; Ihenca
bY '" some elghty.oea;ees thirty
ttes twenty.two second> tOOl 0 <Ill'
, 01 two hund,ed leel (N. eo 30'
E 200') 19 Q polnl at lands nor or
0<me<iV' 01 Ccrt wenll; thence olong
the same South nine cJeQ",es twen!'i'
nine mlnuteslhlrly.etgr,1 WC0n9J Eo.1 0
dIStance 0' ~.ty 1001\5 (1/ 'N 38" E W
t9 0 poI(ltj. Ihence. eo Lot No .
GrohOm VI Pion 14. P9Q .
f!the 'nd~the fig t.of.way lor'hay.
I SI,eet SOuIh eighty dear_ thirty
m nutas twenty.two l'lcond> Was! 0 dls'
I e 9U!'/0 hundred leet (5 00- 30'
W 2W) to 0 polnl thence through
i I~~~fAMPlncorpo,
lUldriillhl ,.., ~
n : e .by ttIe
SIll d~'(Jf"()"1 tW.8f'l~ 111reo mlnu .
II 5econds 'lJiJflt a rilslance 01 ~
"j'}!,o onlt thrrfV.-tour l''lUrldredtr.'
oN' 23' 38' W. 93.341 to 0 ooIn1:
the some and 0 CUfV9 fo the
,ng a rodlU$ of one hundred
.1Ive 'eel (I 7S') an or~ length 01
one huhUndrGd lorty fllle3 and eTghty.
Ofl!l nundredtt'o leel (143 81')'0 a po:nl
~:cmsg Au~OWbl or formelll{ of lVlechoniC5-
b f"\lJOCIIm y 0' God Church: Ihence
V fhe samo SmIth olChty.threo
d8grs95 t\tJenty.eIQht minutes forty-two
seeod"d6 West a dlstance of f\N0 hun-
die elahty'!flvQn and Ihlrtv.lh'QfI hun.
dredlh51eet (5 83" 28' 42" W 28733") to
Q polnl. lhel'Ce by' the same South
1!."x!j'~eeo 1"gree, f1ft;.fJlghl minute.
! '""" nUll West a dlsta1"lco of one
dred e~hty leet (5 63'~' 0 W
I to 0 point tn the cenfer of th
d~~JrA"l~r..IGhel ~91r11 01 BE.GINN~~
UNLlE" N 390 ac'es
" AND SUBJECT 10 easemenl.
reservations. rostnctlom and "lIJht 0;
w"'6o"i' '!Old .
menN, 0 ~ ~~Nb SUBJECT lo.on Ag,ee.
~ December 18 1980. by
end omong the TownshIp 0' Upper
Allen. BooM.ol..ho.Month Club Inc
onq.tMJf Incorporated .
MplNG fhe $Or",.! proml5u5 "o'"hlr.:h
~~ Inco.rporQI~(j rll{ .t'. ~Jf;...(j rlnto(1
(lr"nJorv Jl<.JIN '~r" 1("'. Jrdnd 'n thp
()Hrce (I)r 1!1l' r", 'IrJHl ,J f j, .. I" 'II
ll~(.l for (" 1(r\tll'I" :1' I ' ("Ir,' f. I, : '!l '. j
BI"I\! tJ '/<Ii ',I I', I',)" ; 'J . ,)' 11 ,t. <I
,'lIl.l., 1"."')I.,j ,r '. , 'II" I," If,,1 1"1'
~ Assoclotes. 0 PennsvlvonlO
I rtn rshl .
~ I ll'?AKtN Ill' EXECUnON AND TO
oe the property 01 CumbenOnd
'~" PorIc AMoclat<H, MortCOll<lr
Ownar un r J me~11'lo
~ CIV.II.Term I~ I~ Courl 01
~mon PIeaa of Cumberlond County.
..~~K?o tl,,",'Ut:Mo "'t\Jt... T1"'\ 411
-
pAAtlI:S AND INIt:lcJ"II;U LLAHVl""r~'3
ItlOt Q proP<J",d ,ch<ldulo 01 d.'flOO.
tlQ(l 01 thaJ"ocge<J' of the 000,0 ",10
wi" be tIIo b'llt1e Shorll! 01 Cumbo',
lood County on the 3"1 day 01 July
IW7, ~nd d.,flbutlOrd' WII bu 01000 In
occor anCi;! with Ol( ~hedu\o unlo
ollcep \om Qro flied thoreto wlt"ln 1~
do\~.n?~~~'lr AND RES<llVING from
'roct 'Fto. I 01 tho oOOva ,Jescolbed
premlse$ the follOwing
A Ooed 110m Cu'~benond BUllneM
Pork 'A.ocloto5~Jarn06 E, GrancJon
and Jean Glon . hl$ wlte, doled
~I 21. 1992, IOCO<ded IQ Cum.
. and Courtv OO~800A tk Q.3~, pgge
b<llng L"l oL Noon the Fllfol
>dMsJOn n. 0 'mCurnbor'
. :I~~n"" ij O$800recor In CU!)].
nand Coon ... n Ik . PO(je 70
ldenllllad Q.'\ ~'1m?Ji",ond ounry POI'
, eel No 26.241.~~
. 6 Dood Irom Cumbenond BallneM
Pork A~IOhJ~ fa Fred J. Alba and
Mo.rL'iolhryn Alba, hl$ wile... dolod July
I hot.'fJ. ~.Ja~e~ n.,"~~'I'i/~
: bGIna~oiNo 28 on the 11'nol RelUbdM.
I lIon~, Lot No. 2 Cumberland Bwi.
, ~Pai1<' O$mecor d In Cumbe,land
ItV Plan Ilook Poga 70 Iden".
. _~~m Counly Parcel No.
. =:001 Cumber10nd BualneI6
FaIt e$ to It P,~rtIeL Inc.
doled I r 9. l~'...(]nd 'ecorded
~ nd County ueed Book 1'3~,
7 . being L9ts NQI. 3 and 4A 01\
ftMj I ~oa",*", PIon. Lot NO~2.
. Cumberland .,,"" Peril... 01 'tc~,
~cumtrt county~ ilOOIC
, '. Id t1ll mberland
C ntv pOlc~ffio~'2~' ,
. Oaed Irom 'Cum ond BU~n
~t~s to ~rnelf COol/II,"
and e . Do'le, tl~ wllel dated
~ua 6...1 ,~eCO/dfld-'[\ ~m'
nd ,"oun :!Ok V.3l), e
I. belllll.Lot ~o, on~ FIno! Re$U
dllllolon 1'Ion, Lot o. 2. Cumber10nd
i IluaIne~POIk, 0$ recorded In Cumber.
land ounty Plan Ilook 64 Page 70.
lden ~ CIJm. bertand CounlY Por.
eel No, 26- 41.64
. Irom Cumbenond B .
~1 Iote$ to Wlndln~HIII ~=
Gmrte orme,sh By Old h lhou$e
, Inc. aoted Jonuory 16. :)$? and
recorded In CumbfiHfond CountY. ~d
Boo\l. 34Y Pag~) 356, boln Lot No, A
on the Final ReslJbdlvlslon ~:an. Lot 0,
J.. Cumberland BU~jnoss Pork, 05
recQrded In CumOOl1and County Plan
Ilook 64. Paco 70. IdenllllQd 05 Cum.
be~ouIIty Porcel No. 26-243.33
. hem Cum rlond ~neM
PClI1< 1018$ to wl.:b'lng Hili ~enter
Umlted Mlp By Old SChooltlou'"
Inc. dated Jonuol'l 16, 1991. and
rec,~ In Cumbertond County Deed
Book -y, page 356. being I.ot No 66.
on the Inol Ri!subdlvl$lon PIon. Lot No
2. Cumbefland Bu~ir,e'$ Park, OS
recor~n Cvmbertond County POIcel
Plan 64 70lndenlltled. 0$ Cumber.
10 C, Ne 26-243.3
"?xc~'IJI1 G A~D RE~ERWlG Itom
Iract$'NOS 2 ond 3 of the aOOve.
cle$CrIbed p'eml$El$ the 10110 wing,
G. Deed from Cumbefland "Business
Porll AMoclate$ to Ulloar Allen lownshlp
doled October 8. lQ91. and rocorded
~ County Deed Book 1.3~.
1\27. being Loj No. ~ on 'he Flnol
Plc:ln, Lot No 2. Cumber,
land Pork. os rocorded In Cum.
be~ountv Plan Ilook 64. P~ 70
lden ~C:'1mbe4land County POI'
caiNe. ~. .
EXC AND RESERVING "001
Iroct Ne. 2 0 IhG ob<>ve de$C,lbed pre.
mllles~III:>Wlng:
H from Cumberland B siness
POll< AMoclot.. to WlndlnQ HIli ~onler
limited Partnership By Old SchOolhouse
Inc doted January 16 I QQ 1 and
recQrded In Cumbor(and Count", aBod
Book 34-V, Pggo 300,'bOIr1Q I.nt (1-1<:1 6D
on the Flnol Rosubdl\Jl!M(;n Pion, lol Nu
~. C mberlQnd BU$lO"1$ Pork. 0$
~umberland Cnunty Plan
6-l 70 Iden" 0$ 01-
c?itcM~ael,tl~~U~R~rNG
~obove df~5crlbed pre. ml&aS the
t Deed 0' Ooclk;at\On
frOrl! Cumbertand Business
Park AMocIOf(l:) In Uppor Allf)r) fown&hip
doted Sep1tSlmt)(:}r 11, lQ91. and
recor~d In Cumt>4!flaneJ county Deed
Book 1-16, PnQf) IQ2, In connectIon with
CJ portion ()f Cumberland P(1rkwOY
UNDER AND SU~JECr T,') the Notice 01
th~) CO(l\n1onwonlth ,:>1 Penns..,lvonla
De,..Jrfm19nt r)f Tr'1nrrt:lo"'Glion. ot noht.
IiI w(]y 'nr ')Idtl'l fJr)I)f.') 15 'iectj()('\ AlA,
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Christian S. Daghir, Esquire
DUCT NO.1
ALL that certain tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a parker kalon nail in the centerline of East Winding Hill Road (L.R. 2102.5)
at a common corner with Ezra H. Sassman; thence North six degrees eight minutes fifteen
seconds West for a distance of one hundred sixty-six and tifty hundredths feet (N. 060 08' 15"
W, 166,50') along lands of same to an iron pipe; thence North eighty-eight degrees thirty-
eight minutes fifteen seconds West for a distance of one hundred thirteen and ninety
hundredths feet (N. 880 38' IS" W. 113.90') along lands of same to an iron pipe; thence
South eighty-five degrees forty-nine minutes twenty-one seconds West for a distance of one
hundred two and fifty-three hundredths feet (S. 85.49' 21" W, 102.53') along lands of Trudy
10 Strasbaugh to an iron pin; thence South eighty-four degrees twenty-two minutes twenty
seconds West for a distance of one hundred fifty feet (S. 84. 22' 20" W. 150') along lands of
William R, Lovell and Sergio Ongelia to an iron pin; thence North nine degrees twenty-seven
minutes forty-six seconds West for a distance of one thousand four hundred thirty-eight and
twenty-three hundredths feet (N, 090 27' 46" W. 1,438,23') along lands recorded in "Graham
Village Plan "B", Plan Book 14, Page 11, and "AMP Incorporated, Lot No.2, Plan Book 52,
Page 22" to all iron pin, thence North twenty-seven degrees thirty-six minutes forty-one
seconds East for a distance of forty-five and twenty-two hundredths feet (N. 270 36' 41" E.
45.22') along lands of same to an iron pin; thence along a curve to the right having a radius of
eleven thousand three hundred fifty-nine and nineteen hundredths feet (11,359.19') and an arc
length of seven hundred eighty-three and eleven hundrcdths feet (783.11 ') being subtendcd by
a chord of South eighty-five degrees twenty-three minutes zero seconds East for a distance of
seven hundred eighty-two and ninety-five hundredths feet (S. 85.23' 00" E. 782.95') along
lands of the Pennsylvania Turnpike COlllmission 10 an iron pin; thence South eighty-thrce
degrees twenty-four minutes thirty seconds East for a distance of nine hundred sixtcen and
fifteen hundredths feet (S. 830 24' 30" E. 916.15') along lands of samc to an iron pin; thence
South sixteen degrees thirty-five minutes twenty-four seconds East for a distance of one
thousand two hundred fifty-eight and twenty-eight hundredths feet (S. 160 35' 24" E,
1,258.28') along lands of Golf Shoppe Incorporated, Lot No, 2, re~orded in Plan Book 34,
Page .54, to an iron pin at lands of Melvin R, Eaton; thcnce South eighty-eight degrees fifty-six
minutes fifty-seven seconds West for a distance of one hundred eighty-six and sixty hundredths
feet (S. 880 56' 57" W. 186,60') along lands of same and Debra L. Steel to an iron pin;
thcnce South one degree twenty-three minutes three seconds East for a distance of one hundred
sixty-six and fifty hundredths feet (S. 01.23' 03" E. 166.50') along lands of same to a parker
kalon nail in the centerline of East Winding Hill Road; thence South eighty-eight degrees fifty-
six minutes fifty-seven seconds West for a distance of forty feet (S. 880 56' 57" W. 40') to a
parker kalon nail in the centerline of said road; thence North one degree twenty-three minutes
three seconds West for a distance of one hundred sixty-six ancl fifty hundredths feet (N. 01.
23' 03" W. 166.50') along lands of Russell 1. Walters to an iron pipe; thence South eighty-
eight degrees fifty-six minute~ fifty-seven seconds West for a distance of one hundred feet (S.
88' 56' .57" W. 100') along lands of same to an iron pipe; thence South seventy-six degrees
eighteen minutes fifteen seconds West for a distance of three hundred feet (S. 760 18' 15" W,
300') along lands of Sam Gosnell, Calvin C. Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees forty-eight minutes fiftccn seconds West for a distance of one
hundred forty feet (S. 82" 48' 15" W. 140') along lands of Robert J, Wentz to an iron pin;
thence South eightccn degrees fifty-six minutcs forty-five seconds East for a distance of one
hundred sixty-eight fect (S. 18' 56' 45" E. 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty.eight minutes fifteen seconds
West for a distance of sixty-five and twenty-live hundredths feet (S. 82" 48' 15" W. 65,25') to
a parker kalon nail in the centerline of said road: thence North eighty-eight degrees fifty-nine
minutes four seconds West for a distance of two hundred sixty-one and sixty-four hundredths
feet (N. 88' 59' 04" W. 261.64') to a parker kalon nail in the centerline of said road; thence
North eighty.six degrees thirty-seven minutes twenty-nine seconds West three hundred forty-
seven feet (N. 86' 37' 29" W. 347') to a parker kalon nail in the centerline of said road;
thence North eighty-five degrees thirty-six minutes seventeen seconds West for a distance of
scventy-six and twenty hundredths feet (N, 85' 36' 17" W, 76,20') along the centerline of said
road to the 1l0int of BEGINNING.
TOGETHER with and subject to covenants, eascments, and restrictions of record,
CONTAINING 58.1275 acres, more or less.
BEING the same premises which Margaret B. Wentz, widow, by her Deed dated December
23, 1987, and recorded in thc Office for the Recording of Deeds in and for Cumberland
County in Deed Book "C", Vol. 33, Page 710, granted and conveyed unto Cumbcrland
Business Park Associates, A Pennsylvania Gcneral Partnership.
TRACT NO.2
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies at the intersection of land
now or formerly of Ben-Janson, Inc., and of the Mary Ellen Eberly Estate; thence along East
Winding Hill Road South forty-nine degrees twenty-one minutes fifty-seven seconds West
sixty and seventy-seven hundredths feet (S. 49021' 57' W. 60.77') to a point on said road;
thence North nineteen degrees twenty-six minutes fifty-live seconds West two hundred twenty-
four and seventy-one hundredths feet (N. 19' 26' 55" W, 224.71') to a pin in lands of Mary
Ellen Eberly Estate; thence South seventy-eight degrees forty-four minLltes thirteen seconds
West eight hundred ninety-four and thirty hundredths feet (S. 78' 44' 13' W. 894,30') to a
point in the lands of the Mary Ellen Eberly Estate; thence South sixteen degrees three hundred
fifty-six minutes twenty-four seconds East two hundred sixty and fifty-nine hundredths feet (S.
16' 3.56' 24" E, 260..59') to a point in East Winding Hill Road; thence in and along the same,
along a curve bearing to the right, having a radius of eight hundred sixteen and sixty ,five
hundredths feet (816.65'), an arc distance of fifty-one and twenty hundredths feet (51,20') to a
point; thence North along lands now or late of Carl Wentz North sixteen degrees thirty-live
minutes twenty-four seconds West one thousand four hundred twemy-nine and forty
hundredths feet (N. 1603.5' 24" W. 1,429.40') to a point; thence South eighty-three degrees
twenty-four minutes thirty seconds East three hundred twemy-seven and eighteen hundredths
feet (S. 830 24' 30" E. 327.18') to a point; thence South seventy-four degrees seven minutes
fifty-five seconds East three hundred three and ninety-eight hundredths feet (S. 740 07' 55" E.
303.98') to a point; thence South thirty-eight degrees twenty-four minutes thirty seconds East
three hundred ninety and thirty-two hundredths feet (S. 380 24' 30" E, 390.32') to a poim;
thence South eighty-three degrees twemy-four minutes thirty seconds East two hundred eighty-
one feet (S, 83024' 30" E. 281 ') to a point; thence North eighteen degrees fifty-four minutes
fifty-four seconds East forty and twenty-eight hundredths feet (N. 18054' .54" E. 40.28') to a
point at lands now or formerly of Ben-Janson, Inc.; thence South nineteen degrees twenty-six
minutes finy-five seconds East seven hundred twenty-five and sixty-one hundredths feet (S.
190 26' .55" E. 725.61 ') to a point of East Winding Hill Road, the place of BEGINNING.
UNDER AND SUBJECT 10 certain easemems as indicated on Lot No.2 and being LOl No.
2, Plan of Lots prepared by Michael C, DeAngelo, Registered Surveyor, and n:corded in
Cumberland County Plan Book 34; Page 54.
BEING the same premises which The Golf Shoppe, Inc" ~/kJa Golf Shoppe, Inc., a
Pennsylvania Corporation by its Deed dated May 25, 1988, and recorded in the omce for the
Recording of Deeds in and for Cumberland County in Deed Book "J", Vol. 33, Page 72,
granted and conveyed umo Cumberland Business Park Associates, a Pennsylvania General
Partnership.
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a poim in East Winding Hill Road, which poim lies on the lands now or
formerly of Mary Ellen Eberly Estate; thence North sixteen degrees thirty-five minutes
twenty-four seconds West two hundred sixty and fifty-nine hundredths feet (N. 160 3.5' 24"
W. 260..59') to a point; thence along other lands now or formerly of Cumberland Business
Park Associates North seventy-eight degrees forty-four minutes thirteen seconds East eight
hundred ninety-four and thirty hundredths feet (N, 780 44' 13" E. 894.30') to a poim; thence
continuing along the lands now or formerly of Cumberland Business Park Associates South
nineteen degrees twenty-six minutes fifty-five seconds East two hundred twenty-four and
seventy-one hundredths feet (S. 190 26' 55" E. 224,71') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a radius of seven hundred ten fect (710'), an arc distance of four hundred forty and five
hundrcdths feet (440,05') to a point; thence continuing along said Winding Hill Road South
cighty-six degrees one minute thirty-five seconds West one hundred eighty-seven and forty-two
hundredths feet (S. 86001' 35" W. 187.42') to a point in East Winding Hill Road; thence
continuing by a course in East Winding Hill Road by a curve with a radius of one thousand
one hundred ninety-seven and sixty-one hundredths feet (1,197,61 ') and an arc distance of
ninety-nine and ninety-four hundredths feet (99.94') to a point; thence continuing by a course
in said East Winding Hill Road South eighty-one dcgrees fourteen minutes forty-two seconds
West on, hundred fifty-onc and sixty hundredths feet (S, 810 14' 42" W. 151.60') to a point
in East Winding Hill Road; thence continuing in East Winding Hill Road by a curve having a
radius of eight hundred sixteen and sixty-livc hundredths feet (816,65') and an arc of thirty-
nine and forty-scven hundredths feet (39.47') to a point and place of BEGINNING.
BEING Lot No. I of a Final Subdivision Plan for the Mary Ellen Eberly Estate, surviving
administrator, dated September 13, 1978, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pcnnsylvania, in Plan Book 34-A, Page 54,
CONTAINING 5.790 acres, more or less.
BEING the same prcmises which Joscph W. Eberly and Marjorie A. Pugh, individually and as
sole heir in her capacity as Administratrix of the Estate of Ruth A, Bitner, deceased, by their
Deed dated November I, 1988, and recorded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book wQ", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associates, a Pennsylvania General Partnership.
TRACT NO, 4
ALL that certain picce or parcel of land situate in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a Final Resubdivision Plan
for AMP, Inc., datcd August 23, 1988, recorded in Cumberland County Plan Book 56, Page
24, more particularly boundcd and described as follows:
BEGINNING at a point in the center of South Market Street (Route No. 114), said point
being approximately one thousand four hundred feet (1,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minutes forty-eight seconds West a distance of sixty feet (N, 260 II' 48" W. 60') to a point;
thence through lands now or formerly of AMP Incorporated, North sixty-three degrees fifty-
eight minutes two seconds East a distance of one hundred ninety and forty-nine hundredths feet
(N. 630 .58' 02" E. 190.49') to a point; thence by same North eighty-three degrees twellly-
eight minutes fony-two seconds East a distance of two hundred ninety-seven and sixty. four
hundredths feet (N. 83028' 42" E. 297.64') to a point; thence by the same and a curve to the
left having a radius of one hundred fifteen feet (115') an arc length of ninety-four and fifty
hundredths feel (94.50') to a point; thence by the same North thirty-six degrees twenty-three
minutes thirty-eight seconds East a distance of ninety-three and thirty-four hundredths feet (N.
36023' 38" E. 93.34') to a point; thence by the same and a curve to the right having a radius
of one hundred eighty-five fcet (185'), an arc length of one hundred farly-two and forty-three
hundredths feet (142.43') to a point; thence by the same North eighty degrees thirty minutes
twenty-two seconds East a distance of two hundred feet (N. 80030' 22" E. 200') to a point at
lands now or formerly of Carl Wentz; thence along the same South nine degrees twenty.nine
minutes thirty-eight seconds East a distance of sixty feet (S, 090 29' 38" E. 60') to a poinl;
thence along Lot No. .50, Graham Village Plan Book 14, Page II, and the end of thc right-of-
way for Reynolds Strcet South eighty degrees thirty minutes twcnty-two seconds Wcst a
distance of two hundrcd feet (S. 80. 30' 22' W. 200') to a point; thence through lands now or
fonnerly of AMP Incorporated, by a curve to the left having a radius of one hundred twenty-
live feet (12.5'), an arc length of nincty-six and twenty-four hundredths feet (96,24') to a point;
thence by the same South thirty-six degrces twcnty-three minutes thirty-eight seconds West a
distance of ninety-three and thirty-four hundredths feet (S. 36.23' 38" W, 93.34') to a point;
thence by thc same and a curve to the right having a radius of one hundred seventy-live feet
(17.5') an arc length of one hundred fOlLy-three and cighty-one hundredths feet (143.81 ') to a
point at lands now or fonncrly of the Mechanicsburg Assembly of God Church; thence by thc
same South eighty-three degrccs twenty-eight minutes forty-two scconds West a distancc of
two hundred eighty-seven and thirty-three hundredths feet (S. 83. 28' 42" W. 287,33') to a
point; thence by the same South sixty-three degrees lifty-eight minutes two seconds West a
distance of onc hundred eighty feet (S. 63. 58' 02" W, 180') to a point in the center of South
Market Street, the point of BEGINNING.
CONTAlNING 1.390 acres.
tINDER AND SUBJECT to easements, reservations, restrictions and rights of way of
record.
UNDER AND SUBJECT to an Agreement dated December 18, 1986, by and among the
Township of Upper Allen, Book-of-the-Month Club, Inc,. and AMP Incorporated.
BEING the same premises which AMP Incorporated, by its Deed dated February 3, 1989, and
recorded in the Officc for the Recording of Dceds in and for Cumberland County in Deed
Book MU', Vol. 33, Pagc 1057, granted and conveyed unto Cumberland Business Park
Associates, a Pennsylvania General Partnership.
SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the propcrty of Cumberland
Business Park Associates, Mortgagor and Real Owner under Judgment No. 96-6739 Civil
Tenn 1996 in the Court of Common Pleas of Cumberland County, Pennsylvania.
NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTED CLAIMANTS
that a proposed schedule of distribution of the proceeds of the above sale will be filed by the
Sheriff of Cumberland County on the 3rd day of July, 1997, and distributions will be made in
accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter.
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
HOMESTEAD TRUST 1/5, MICIIAEL
CHEREWKA, TRUSTEE; and MID PENN BANK,
Plalnriffs
NO. 96-6739 Civil Term 1996
n.
WINDING H1LL,INC. and 1I0MESTEAD CIVIL ACTION. LAW
SERVICE CORPORATION, lradlng and doing
business as CUMBERLAND BUSINESS PAI~K
ASSOCIA TES, a parlneuhlp, Morlgagor and IN MORTGAGE FORECLOSURE
real owner: and FEDERAL DEPOSIT INSURANCE :
CORPORATION, successor of RESOLUTION
TRUST CORPORATION, a5 Receiver of
HOMESTEAD FEDERAL SA VINGS
ASSOCIATION, successor In Inlerullo
HOMESTEAD SA VINGS ASSOCIATION,
Defendanes
CERTIFICATE OF SERVICE
AND NOW, Ihis 21s1 day of January, 1997,1, Christian S. Daghir, Esq" of the
Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby
certify that I served a copy of the Notice of Intent 10 Enter Judgmer.t in the above-captioned
matter upon the parties listed in the attached service list this day by depositing the same in the
United States Mail, postage prepaid, with certificate of mailing verified by the United Slates
Postal Service, in the post office at Harrisburg, Pennsylvania.
ETZWEILER & ASSOCIATES
j!,;;~-
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By:
,
Christian S. Daghir, Esqui~e
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
o IWNK)C'lCIV P'I..J\C\JMIIlU.A.IOD
.
CUMBERLAND BUSINESS P ARK ASSOCIATES
SE~WICE LIST
Homestead Service Corporation
C/O Stephen J. KiIlduff
RPC - Mitchell Titus, Inc.
440 E. Swedesford Road
Suite 2000
Wayne, PA 19087
Cumberland Business Park Associates
6570 Carlisle Pike
Mechanicsburg, PA 170S5
Attn: Joseph D. Snyder
Federal Deposillnsurance Corporation
101 East River Drive
East Hartford, CT 06108
Winding Hill, Inc.
6570 Carlisle Pike
Mechanicsburg, PA 17055
fl.
O'I"NXX.'\CtVn..l\C'UWlULA.IOD
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4, Defendant Cumberland Business Park Associates has an oflice and principal
place of business at 6570 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania,
and is the owner of the premises as hereinafter described.
5. Defendant. Winding Hill, Inc. is a Pennsylvania corporation with principal
place of business located at 6570 Carlisle Pike, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
6, Defendant, Homeslead Service Corporation, is a Pennsylvania corporation
Wilh principal place of business located at 120 South Union Street, Middletown, Dauphin
County, Pennsylvania 17057,
7, Defendant, Federal Deposit Insurance Corporation, (hereinafter referred lO
as, "FDIC"), is a corporation organized and existing under the laws of the Uniled States, in its
capacity as successor of Resolution Trust Corporalion as receiver of Homestead Federal
Savings Association, successor in interestlO Homestead Savings Association.
8, Defendant, Cumberland Business Park Associates, is the real owner of the
premises subject to lhe mortgage below mentioned by virtue of a part of a Deed dated
December 23, 1987, and recorded in Cumberland County Deed Book C-33, Page 710, and a
Deed dated May 25, 1988, and recorded in Cumberland County Deed Book J.33, Page 72. and
also part of a Deed daled November I, 1988, and recorded in Cumberland County Deed Book
Q-33, Page 942, and also a Deed dated February 3. 1989, and recorded in Cumberland County
Deed Book U-33, Page 1057,
9. On or about December 17, 1990, the Defendant, Cumberland Business Park
Associates, and its general partners. Defendant. Winding Hill. Inc, and Defendant, Homestead
Q IWNMlC\CIV "-IICUMIINL" MPI
Service Corporation, entered into and e:xe:cuted a Mortgage Nole (hereinafter referred to as the
"Note:") in favor of Homestead Savings Association in lhe original principal amount of
$4,110,000.00, A true and correct copy of the: Note is attach~d hereto as Exhibit" A" and is
incorporated herein by reference,
10, The: obligations of the Note are secured by a mortgage (hereinafter referred
to as the "Mortgage") dated December 17, 1990, and execuled by Defendant, Winding Hill,
Inc, and Defendant, Homeslead Se:rvice Corporation as general panners in Defendant,
Cumberland Business Park Associates in favor of Homestead Savings Association, which was
recorded on Decernber 18, 1990, by the Recorder of Deeds of Cumberland County in Mortgage
Book 999, Page 394. A true and correct copy of the Morlgage, which contains a property
description of the real estale which secured the obligation of lhe Note, is attached hereto as
Exhibit "B" and incorporaled herein by reference.
11. By Orde:r No. 91-520, daled August 30, 1991. (the "OTS Order"), the
Director of the Office of Thrift Suspension, Department of Treasury (the "OTS "), closed
Homestead Savings Associalion,
12. By the OTS Order, the Resolution Trust Corporalion ("RTC") was
appointed as Receiver of Homeslead Savings Association (in such capacity, "the Receiver").
13, The Receiver lOok possession of Homeslead Savings Association on August
30, 1991, and succeeded to all the righls, titles, powers and privileges of Homestead Savings
Association pursuant to 12 U,S,C, ~1821 (4) (2), by reference through 12 U.S,C, ~144la (b)
(4).
14. By the OTS Order, Homestead Federal Savings Association, a federally
01WJO\DOC\Cl\ln."CtJ....lU.A.....
chartered mutual savings associalion, was organized to take over such assets or liabilities of
Homestead Savings Association as the Receiver determined to be appropriate,
15. On August 30, 1991, the Receiver and Home51ead Federal Savings
Association entered into a Purchase and Assumption Agreement whereby Homestead Federal
Savings Association accepled from Receiver an assigllrnent and the Receiver sold, assigned,
transferred, conveyed and delivered to Homestead Federal Savings Assodation, without
recourse, the right, litle and illlerest of the Receiver in and to certain a~sets of Homestead
Savings Association, including all assets and claims possessed by Homeslead Savings
Association regarding Defendant, Winding Hill, Inc, and Defendant, Homestead Service
Corporation trading and doing business as Cumberland Business Park Associates, the Note and
lhe Mortgage,
16, By OTS Order, the Director of the OTS appointed RTC as Conservator of
Homestead Federal Savings Association, successor to Homeslead Savings Association (in such
capacity, the "Conservator"),
17, The Conservator took possession and charge of Homestead Federal Savings
Association on August 30, 1991.
18, By OTS Order, the Director of the OTS appointed RTC as Receiver of
Homestead Federal Savings Association, successor to Homestead Savings Association,
19. On March 16, 1995, RTC, Receiver for Homestead Federal Savings
Association, successor in interest to Homestead Savings Association, entered judgment against
Defendants. Winding Hill, Inc. and Homestead Service Corporation, trading and doing
business as Cumberland Business Park Associales, jointly and severally, by confession, in the
() """JX)I'OV nl'OJMftUl.A".,1
hundr~d two and fifty'lhr~~ hundr~dths fc~t (S. 85049' 21" W. 102,53') along lands of Tmdy
Jo Strasbaugh to an iron pin: thcnce South eighly-four degre~s twenty.two minutes twenty
seconds West for a distancc of one hundrcd fifty feet (S. 840 22' 20" W. 150') along lands of
William R, Lov~ll and Sergio Ongelia 10 an iron pin; th~nce North nine d~gr~~s tw~nty.s~v~n
rninut~s forty-six s~conds West for a distance of one thousand four hundred thirty-eight and
twenty.thr~~ hundr~dths f~et (N. 090 27' 46" W. 1,438.23') along lands r~corded in "Graham
Village Plan "B", Plan Book 14, Pag~ 11. and" AMP Incorporat~d, Lot No.2, Plan Book 52.
Page 22" tlJ :.m iron pin; thcnc~ North tw~nty-s~v~n d~gr~~s thirty-six minutes t'orty-on~
s~conds East for a distanc~ of tiJrly.tiv~ and tw~nty-two hundredths f~~t (N, 270 36' 41" E.
45.22') along lands of sam~ to an iron pin; th~nc~ along a curve to lhe right having a radius of
eleven lhousand thre~ hundrcd fifty-nine and ninete~n hundredths feet (11.359,19') and an arc
length of seven hundred eigluy-three and eleven hundredths feet (783,11') being sublended by
a chord of South eighty-five degrces twenty-three minutes zero seconds East for a dislance of
seven hundred eighty.two and nincty-fivc hundrcdths feet (S. 850 23' 00" E, 782.95') along
lands of lhe Pennsylvania Turnpike Commission to an iron pin; thence South eighty-three
degrees twenty-t'our minutes thirly seconds East for a distance of nine hundr~d sixleen and
fifteen hundredths feet (S. 830 24' 30" E. 916.15') along lands of same [0 an iron pin; thence
South sixteen degrees thirty-five minul~s lwcnty-four seconds East for a distance of one
thousand two hundred fifty-eight and lwenty-eight hundredths feet (S. 160 35' 24" E,
1,258,28') along lands of Golf Shoppe Incorporated, Lot No, 2, rccorded in Plan Book 34,
Page 54, to an iron pin at lands of Melvin R. Eaton: thencc South eighty-eight degrees fifty-six
minutes tifty-seven seconds West tix a distam:e of one hundred eighty-six and sixty hundredths
feet (S, 880 56' 57" W. 186.60') along lands of same and Debra L. Steel to an iron pin;
thence South one degrec twenty-three minutes three seconds East t'or a distance of one hundred
sixly-six and fifty hundredths feel (S. 010 23' 03" E. 166,50') along lands of same 10 a parker
kalon nail in the centerlinc of East Winding Hill Road; thence Soulh eighty.eight degrees fifty-
six minutes fifty-seven seconds West for a dislance of forty feet (S, 880 56' 57" W. 40') to a
parker kalon nail in lhe ccnterline of said road: thence :'-Iorth one degree twenty. three minutes
three seconds West for a distance of one hundred sixty-six and tifty hundredths feet (N. 010
23' 03" W, 166,50') along lands of Russell J. Walters to an iron pipe; thence South eighty-
eight degrees fifty-six minutes tifty-seven seconds West for a distance of one hundred feet (S.
880 56' 57" W. 100') along lands of same to an iron pipe; thence South seventy-six degrees
eighteen minutes lifleen seconds West for a distance of three hundred feet (S. 760 18' 15" W,
300') along lands of Sam Gosnell, Calvin C. Beard and Lawrence Shughart to an iron pin;
thence South eighty-two degrees t'orty-eight minutes fifteen seconds West for a distance of one
hundred forty feet IS. 820 48' 15" W. 1-10') along lands of Robert J, Wentz to an iron pin;
thence Soulh eightecn degrees tifty-six minutes forty-five seconds East for a distance of one
hundred sixty-eight feet (S, 18" 56' 45" E. 168') along lands of same to a parker kalon nail in
East Winding Hill Road; thence South eighty-two degrees forty-eight minutes fifteen seconds
West for a distance of sixty-live and Iwenty-five hundredths feet (S, 82048' 15" W, 65.25') to
a parker kalon nail in the centerline of said road; lh~nce North eighty-eight degrees fifty-nine
minul~s four seconds West for a distance of two hundred sixty-one and sixty-four hundredths
feet (N. 880 59' 04" W. 261.64') to a parkcr kalon nail in the centerline of said road; thence
(j WI"l:ll1('l"I'iFLlrrt'MIII'Rl.AMI'B
North eighty-six degrees thirty-seven minutcs twenty-nine seconds West Ihree hundred forty-
seven feet (N, 860 37' 29" W, 347') to a parker kalon nail in the centerline of $aid road;
thence North eighty-live degrees thirty-six minutes seventeen seconds West for a dislance of
seventy-six and twenty hundredlhs fcet (N. 850 36' 17" W, 76,20') along the centerline of said
road to the point of BEGINNING.
TOGETHER with and subject to covenants. casemcnts, and rcstrictions of record,
CONTAINING 58,1275 acrcs, morc or Icss.
BEING the same premiscs which Margarct B, Wcntz. widow, by hcr Dced dated Deccmber
23, 1987, and recordcd in thc Oflice for thc Rccording of Dccds in and for Cumberland
County in Deed Book "C", Vol. 33, Pagc 710, grantcd and conveyed UIllO Cumberland
Busincss Park Associatcs, A Pcnnsylvania Gcncral Partnership.
TRACT NO.2
ALL that certain tract or parcel of land situatc in Uppcr Allcn Township, Cumberland County,
Pcnnsylvania, boundcd and describcd as follows, to wil:
BEGINNING at a point in East Winding Hill Road which point lies al thc intersection of land
now or formerly of Ben-Janson, Inc., and of thc Mary Ellcn Ebcrly Estale; thcnce along East
Winding Hill Road South forty-ninc degrccs twenty-onc minutes tifty-scven seconds Wcst
sixty and seventy-seven hundrcdths fect (S. 490 21' 57" W, 60,77') to a point on said road;
lhence North ninetccn degrces twcnty-six minutes tifty-tivc seconds Wcst two hundred twcnty-
four and scventy-one hundrcdths fect (N. 190 26' 55" W. 224.71') 10 a pin in lands of Mary
Elh:n Eberly Estate; thencc South seventy-cight degrces forty-four minutes thirleen scconds
West eight hundred ninety-four and thirty hundredlhs fect (S. 780 44' 13" W. 894.30') to a
point in thc lands of the Mary Ellcn Ebcrly Estate; thcnce South sixteen dcgrces three hundred
tifty-six minutes twcnty-four scconds East lWO hundred sixty and tifty-nine hundredlhs feet (S.
160 356' 24" E. 260,59') to a point in East Winding Hill Road; lhence in and along the same,
along a curve bearing to thc righI, having a radius of cight hundred sixtecn and sixty-five
hundredths feet (816,65'), an arc dislance of tifty-one and twenty hundredths feet (51.20') to a
point; thence North along lands now or late of Carl Wentz North sixtcen degrees thirty-tive
minutes twenty-four seconds West onc thousand four hundred twenty-nin~ and forty
hundredths feet (N. 16035' 24" W, 1,429.40') to a point: thence South eighty-three degrees
lwenly-four minutes thirty seconds East thrcc hundred twenty-scven and cighteen hundredths
fect (S. 830 24' 30" E. 327,18') 10 a point; thencc South sevcnty-four degrees scven minutes
fifly-five seconds East threc hundred three and ninety-eight hundredths feet (S. 74007' 55" E,
303,98') to a point; thence South thirty-eight degrees twenty-four minules thirty seconds Easl
three hundred ninety and thirty-two hundredths feet (S, 380 24' 30" E. 390.32') 10 a point;
thence South eighty-three dcgrees twenty-four rninutes thirty seconds East two hundred eighty-
one feet (S, 830 24' 30" E. 281 ') to a point; thence North eighteen degrccs fifty-four minutes
fifty-four seconds East forty and twenty-cight hundredths feel (N. 18054' 54" E. 40.28') to a
G \IWOI)f"C1\1I'Ll!'(l.;~lRUL" "41'0
point at lands now or formcrly of Bcn-Janson, Inc,; thencc South nineleen degrees twenty-six
minutes litty-live seconds East scven hundred twenty-live and sixty-one hundredths feet (S,
190 26' 55" E, 725.61 ') to a point of East Winding Hill Road, lhe place of BEGINNING,
UNDER AND SUBJECT 10 certain easements as indicated on Lot No, 2 and being Lot No,
2, Plan of Lots prepared by Michael C. DeAngclo, Registercd Surveyor, and recorded in
Cumberlaud County Plan Book 34, Page 54.
BEING the same prcmises which Thc Golf Shoppe, Inc" a/k/a Golf Shoppe, Inc.. a
Pennsylvania Corporalion by its Deed daled May 25, 1988, and recorded in the Office for lhe
Recording of Deeds in and for Cumberland County in Deed Book" J", Vol. 33, Page 72,
granted and conveyed unto Cumberland Busincss Park Associales, a Pennsylvania General
Partnership,
TRACT NO.3
ALL that certain lract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, boundcd and dcscribcd as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or
formerly of Mary Ellcn Ebcrly Estate; thencc North sixtecn dcgrces thirty-five minules
twenty-four seconds Wesl two hundred sixty and fifty-nine hundredths feet (N. 160 35' 24"
W. 260.59') to a point; thence along other lands now or formerly of Cumberland Business
Park Associates North seventy-eight degrces forty-four minutes thirteen seconds East eighl
hundred ninety-four and thirty hundredths feet (N. 780 44' 13" E. 894.30') to a point; thence
continuing along the lands now or formerly of Cumberland Business Park Associates Soulh
nineteen degrees twenty-six minutes tifty-fivc seconds East two hundred twenty-four and
seventy-one hundredths feet (S. 190 26' 55" E. 224.71 ') to a point in East Winding Hill Road;
thence in and along East Winding Hill Road along a curve bearing West and to the left having
a radius of seven hundred ten feet (710'), an arc distance of four hundred forty and five
hundredlhs feet (440,05') 10 a point; thence continuing along said Winding Hill Road South
eighty-six degrees one minute thirty-five seconds West one hundred eighty-seven and forty-two
hundredths feet (S. 860 01' 35" W. 187.42') to a point in East Winding Hill Road; thence
continuing by a course in East Winding Hill Road by a curvc with a radius of one lhousand
one hundred ninety-seven and sixly-one hundredlhs feel (1,197,61 ') and an arc distance of
ninety-nine and ninety-four hundredths feet (99.94') to a point; lhence continuing by a course
in said East Winding Hill Road South eighty-one degrees fourteen minutes forty-two seconds
West one hundrcd tifty-one and sixty hundredths feet (S. 810 14' 42" W. 151.60') 10 a point
in East Winding Hill Road; thencc continuing in East Winding Hill Road by a curve having a
radius of eight hundred sixteen and sixty-five hundredths feet (816,65') and an arc of thirty-
nine and forty-seven hundredths feet (39.47') to a point and place of BEGINNING.
BEING Lot No, I of a Final Subdivision Plan lor the Mary Ellen Eberly Estate, surviving
administrator, daled September 13, 1978, and recorded in lhe Oflke of the Recordcr of Deeds
o \WP.DlJC'CIV I'LKTlJMnllltl,\ MPn
in and for Cumberland County, Pennsylvania, in Plan Book 34-A, Puge 54.
CONTAINING 5,790 acres, more or less.
BEING the same premises which Joseph W, Eberly and Marjorie A, Pugh, individually and us
sole heir in her capacity as Administratrix of the Estate of Ruth A, Bilner, deceased, by their
Deed dated November 1, 1988, and recorded in the Office for the Recording of Deeds in and
for Cumberland County in Deed Book "Q", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associates, a Pennsylvania General Partnership.
TRACT NO, 4
ALL that certain piece or parcel of land situat(~ in Upper Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance wilh a Final Resubdivision Plan
for AMP, Inc.. dated August 23, 1988, recorded in Cumberland County Plan Book 56, Page
24, more particularly bounded and described as follows:
BEGINNING at a point in the cemer of South Marker. Street (Roule No. 114), said point
being approximately one thousand four hundred feet (l ,400') South of the Pennsylvania
Turnpike; thence along the center of South Market Street North twenty-six degrees eleven
minules forty-eight seconds West a distance of sixty teet (N, 260 II' 48" W. 60') to a point;
thence through lands now or formerly of AMP Incorporated, North sixry-three degrees fifty-
eight minutes two seconds East a dislance of one hundred ninety and forty-nine hundredths feet
(N, 630 58' 02" E. 190.49') to a point; thence by same North t:ighty-three degrees twenty-
eight minules forty-two seconds EaSl a distance of two hundred ninety-seven and sixty-four
hundredths feet (N. 830 28' 42" E. 297.64') 10 a point; thence by the same and a curve to lhe
left having a radius of one hundred fifteen feet (115') an arc length of ninely-four and fifty
hundredths feet (94.50') to a point; thence by the same North lhirty-six degrees twenty-three
minules thirty-eighl seconds East a distance of ninety-three and thirty-four hundredths feet (N.
36023' 38" E, 93,34') 10 a point; thence by the same and a curve to the right having a radius
of one hundred eighty-five feet (185'), an arc length of one hundred forty-two and forty-three
hundredths feet (142.43') to a point; thence by lhe same North eighty degrees thirty minutes
twenty-two seconds Easl a distance of two hundred feet (N. 800 30' 22" E, 200') to a point at
lands now or formerly of Carl Wentz; thence along the same South nine degrees twenty-nine
minutes thirty-eight seconds East a dislance of sixty teet (S. 090 29' 38" E, 60') to a point;
thence along Lot No. 50, Graham Village Plan Book 14, Page 11, and the end of the right-of-
way for Reynolds Street South eighty degrees thirty minutes twenty-two seconds West a
distance of two hundred feel (S, 80030' 22" W. 200') to a point; thence through lands now or
formerly of AMP Incorporated, by a curve to the left having a radius of one hundred twenty-
five feet (125'), an arc length of ninety-six and twenty-four hundredths feel (96.24') to a point;
thence by the same South thirty-six degrees twenty-three minules thirty-eight seconds West a
dislance of ninety-three and thirty-four hundredlhs feet (S, 360 23' 38" W, 93.34') to a point;
thence by the same and a curve to the right having a radius of one hundred seventy-five feet
(175') an arc length of one hundred forty-three and eighty-one hundredths feet (143.81') to a
G ',W"'Dt)('(IV 1'l1!\f.IIMIlMLA ~11'1t
$4, 110,000.00
AUGMENTED. AMENDED AND RESTATED MORTGAGE NOTE
December 17, 1990
FOR VALUE RECEIVED, CcMBERLAND BUSINESS PARK ASSOCIATES, a Pennsylvania
general partnership, its successors and assigns ("Maker"), promisas to pay to
the order of HOMESTEAD SAVINGS ASSOCIATION, a Pannsylvania-chareered savings
and loan association, its successors and assigns ("Payee"), at 4075 Msrket
Street, C..mp Hill, PA 17011, or at such other place as the holder hereof may
designate in writing, the principal sum of Four Million One Hundred Ten
Thousand Dollars ($4,110,000,00) or such lesser amount as advanced hereunder,
on or before August 31, 1995, with interest, payable as follows:
(a) interest. in monthly installments of twelve and
three.quarters percent (12.3/4\) of the then outstanding principal
balance hereunder, the first payment being due one month from the
date hereof, and subsequent payments being due on the same day of
each and evary month thereafter, through and including August 31,
1995 (should the final payment. period hereunder be less than a
full month, ineerese shall be prorated accordingly);
(b) principal - at the time receipt by Maker of ground
rents and/or the proceeds of the sale of each real estate parcel
which forms Maker's inventory, in an amount equal co the product
of Nee Proceeds and 0.58531091, and, co extent not fully amortized
by such paymenes on August 31, 1991, the remaining principal
balance hereof on such date; and
(c) additional interest. equal to H of Nee Proceeds
until repayment of the entire principal balance hereof.
"Net Proceeds" means eotal gross proceeds received by Maker from ground rents
and lot sales less (i) the following closing cos ts re lating to the lot sales:
commissions, transfer taxes and legal fees, and (11) proceeds generated by
reinvested partnership capHal ("Building Residuals"),
Maker may prepay this Note in whole or part at any time wiehout penalty,
Maker is subject to a Late Charge in ehe event any payments rents and
lot sales less (i) the following closing costs relating to the lac sales:
commissions, transfer taxes and legal fees, and (11) proceeds genera.ted by
reinvested partnership capital ("Building Residuals"),
Payment of this Note is secured by a Mortgage from Maker to Payea, of
even date herewith and intended to be recorded forthwith, secured upon that
certain parcel of real estate located in Upper Allen Township, Cumberland
County, Pennsylvania, more particularly described in the Mortgage, All of the
agreemants, conditions, covenants, provisions, and stipulations contained in
the Mortgage which are to be kept and performed by Maker are hereby made a
part of this Note to the same extent and with the same force and effect as if
EXHIBl'C "A"
@
they were fully eet forth herein, and Maker covenants and agrees to keep and
perform them, or cause them to be kept and performed, strictly in accordance
with their terma.
This Note, the ~ortgage and any Security Agreement be=ween Maker and
Payee, ere sometimes referred to herein collectively as the "Loan Documents".
At its option, Payee may pay any tax, or installment thereof, assassment
or water rent, or insurance premium or any sums which under the terms of the
Mortgage the Maker is obligated to pay but fails so to do for the account of
Maker, and the amount so paid shall be added to and become part of the princi-
pal sum payahle hereunder and secured by the Mortgege and shall be payable on
demand wi th interest at the rate of twenty percent (20\) per annum, or if such
rate violates any law, at the highest rate then allowable,
If any installment of princ~pal and interest ar any other payment is not
paid when due (as specified harein and in the Mortgage), the amount thereof
shall bear interest at the rate of twenty percent (20\) per annum, or if such
rate violates any law, at the highest rate then allowable, until paid; it
being furth..r understood, however, that should any default be made in the pay-
ment of any installment of principal and interest on the date on which it
shall fall due, or in the performance of any of the agr.ements, conditions,
covenants, provisions or stipulaeions contained in the Loan Documents, then
Payee, at its option and without notice to Maker, may declare immediately due
and payable the entire unpaid balance of principal with interest accrued
thereon at the rate specified to the date of default and thereafter at the
rate of twenty percent (20\) per annum, or if such rate violates any law, at
the highest rate then allowable, and all other sums due by Maker under the
Loan Documents, anythl,ng in any of the Loan Documents to the contrary notwi th-
standing; and payment thereof may be enforced and recovered in whole or in
part at any time by one or more of the remedies provided to Payee in the Loan
Documents, In such case Payee may also recover all costS of suit and other
expenses in connection therewith, together with an attorney's commission for
collecrion of ten percent (10~) of the total amount then due by Maker to
Payee. but in any event not less than One Thousand Dollars ($1,000.00),
together with interest on any judgment obtained by Payee at the rate first
hereinabove provided, including interest at that rate from and after the date
of any Sheriff's sale until actual payment is made by the Sheriff to Payee of
the full amount.
Maker hereby irrevocably authorizes and empowers any attorney or the
Prothonotary or Clerk of any court in the Commonwealth of Pennsylvania, or
elsewhere, to appear at any time for Maker in any action brought against Maker
on this Note at the suit of Payee, with or without declaration filed, as of
any term, and therein to confess or enter judgment against Maker for the
entire unpaid principal of this Note and all other sums paid by Payee to or on
behalf of Maker pursuant to the terms of the Loan Documents, and all arrear-
ages of interest theraon, together with costs of suit, and any other sums
- 2 -
secured by the Loan Documents, attorney's commission of ten percent (10\) for
collection, but in any event not less than One Thousand Dollars ($1,000,00);
and for ao doing this Nots or a copy hereof verified by affidavit shall be a
sufficient warrant,
The authority granted herein to confess Judgment shall not be exhausted
by any exercise thereof but shall continue from time to time and at all times
until peyment in full of all the amounts due hereunder,
The remedies of Payee as provides in the Loen Documents and the warrants
contained therein shall be cumulative and concurrent, and may be pursued
single, successively or together at the sole discretion of Payee, and may be
exercised as often &5 occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no avent be construed as a waiver
or release thereof,
Maker hereby waives and releases all errors, defects and imperfections
in any proceedings instituted by Payee under the terms of the Loan Documents,
as well as all benefit that might accrue to Maker by virtue of any present or
future laws, exempting the mortgaged property, or any other property, real or
personal, or any part of the proceeds arising from any sale of any such prop-
erty, from attachment, levy or sale under execution, or providing for any stay
of execution, exemption from civil process, or extension of time fer payment;
and Maker agrees that any real estate and/or personal property that may be
leviad upon pursuant to a Judgment obtained by virtue hereof, on any writ of
execution issued thereof, may be sold upon any such writ in whole or in part
in an)' order desired by Payee,
Maker and all endorsers, sureties and guarantors, hereby Jointly and
severally waive presentment for payment, demand, notice of demand, notice of
nonpayment or dishonor, protest and notice of protest of this Note, and all
other notices in connection with the delivery, acceptance, performance,
default, or enforcement of the payment of this Nota, and they agree that the
liability of each of them shall be unconditional, without regard to the lia-
bility of any other party, and shall not be affected in any manner by any
indulgence, extension of time, renewal, waiver or modification granted or
consented to by Payee, Maker and all endorsers, sureties and guarantors con-
sent to any and all extensions of time, renewals, waivers, or modifications
that may be granted by Payee with respect to the payment or other provisions
of this Note, and to the release of the collateral or any part thereof, with
or without substitution, and agree that additional makers, endorsers, guar-
antors, or sureties may become parties hereto without notice to them or
affecting their liability hereunder.
Payee shall not be deemed, by any act of omission or commission, to have
waived any of its rights or remedies hereunder unless such waiver is in
writing and signed by Payee, and then only to the extent specifically Set
forth in the writing. A waiver on one eVent shall not be construed as
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FAX 717~232-4774
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TEL:
Jul 31 96
10:02 No.OOl P.O:
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PURCHASE AND SALEAGRE5MENT
SECfION 1.INFOl\MA nON AND DEFINITIONS
Seller:
Federal Depolil Insucllllce Corporation IS R.ocelvc:r oC Homestead FedorDl Savings,
which pursuant 10 12 IJ,S,C, Stell on 1441 (m) (1) lucceeded the Rnolutlon TfU$!
Corpollltlon lIS Rw:ivcr ofHomestlloli Federal SavinQI,
c/o Federal Dc""ait UlsIllIl/lCC Corporaticn
101 But River Drive
Eaal H~ord, CT 06108
Attention: ChrillOFhcr J, Feeney
Mid-PaM Bank. having lUl addn:ss of c/o Chrislophe.- CI~nl, ~q, Eckert SearnlW
Ch-orin & Mellott, One SOUlh Mark.<< Square BuiJdini, 213 Mllllc.t Street, HlllTUhurg,
PA 17101 Dlld HOmOllelld TlUSt liS ba.vini!.ll address of 3905 North Fronl Stn:el,
Harrisburg, PA 17110 Attenlion: M. Chcn:wka, u Trustoe (each, "Purcltascr"
coUcclivcly, the "PurehlUers").
Seller', Adclrcaa:
Purchnsors:
Allot:
The Asse! is a 10.3940/. participation inlCl'C.t in ..$4.110,000 Augm.nlCd. Amended
and Rest.,tc4 MOTti~ae Note of Cumbe:llllld Bll.Ilness Pazk Assootalc3 including all
cash depo.i1s held in cmow and aU olhet ISlets held In tho D.une of Cumbcrllll1d
Busin~1 Park Associates
PUfchll.:le Price:
One HWJdted Fifty Thous:lnd and No/100 DolllltS (SI50,OOO,00) plus S25,OOO,OO of
the funds currently being held in escrow.
Date of Acceptance:
The dJlo tllC Sclle~ !i~s thil Agr<<mecl, IlS shown on LIle slcnalure pallO,
SECTION II - CENERAL PROVISIONS
1. Tho Seller aerces 10 sell, and thc Purchow a~", to purchsao, oU cf the ScUer'~ rlgbl, tille, and
itlltftlSl in and to th~ AISel withoul warranty or ~lU1e of any kind, The Seller olVns rlghtlitlo IIIId inlcr~tto
the Assct. and j, fully lIuthorizcd 10 ~ell tho As.ct.
2. The AJ$et shall bo sold AS IS with aU flUllS, Tho Sellor doeu not maleC!, IIIId tho purchDS~rs
adalowledac that they r.n: IlOtl'Clying upon. eny ~n:sCII~tion or w.uT1IIlty of any kind or nawre wballoover with
respect to the A~'et or Its roodition, operation, lI1C<lme. o~pensca, vallie, pMmioud u.~. or ccmpUoncc with any__., /~t,
law, stlltute or reeulation . 1- o,.-.d ...., '<~ +''''< 1/ 'Ir'~ -tn' -n:',.. .4~t- ,.,
~fn".... ~<!.j;j....\-+., p" ^-a.Ii......e"-~) _----J
), SeUer r.pre~enU Rnd worranls U ,,~, I at e a IIIlCC 0 0
notlclIS 111M S22S,G07~9.
4. The Seller shall convey the A~I.tto tho purcho.er by dolivcry or \his Aarcemeol,
5, TIle PurchlUO Pri~ for Ihe Asset sholl bo pJid ,lmultancou;ly with tho execution 01 this Apl;lerncnl.
6. AU notices rcqUlr..d hereunder shall be in ",ridn&, shall be cffectlve upcn receipt, Dnd shall be sent
1
EXHIBIT "e"
~ HX (1 (-:!.i2-4 ;';'4
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TEL:
Ju I 31 '~6
10:rJ3 No.OOl P.l)':'
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'-"
10 the othat party by certified mail, return receipt roqu~led, to the :ld4reuea lot forth obove,
7, From Wld a.ller tho dele hercofPurcllluers sball UIiUIllO all ofth. Sellet'. obligations and dutiC$ wllh
rc~pc<;tto ~crvieing the Asset purchllSed hereunder_
8, Thi.s AgreemCllt, e.'lccutoclln ecWltcrports, ia to be 1I",,'Cmed by thele"'s of tho Colllll1onv.'C3Ith of
Peruuylvani"'lets focth the COltiro agrmncnt ~~1leI1 tho pOJ1iIlS, and moy be canceled, modified or lWIendcQ onl)'
by a wrirtm lnsttumcnl execut.ed by both the Sellr.( Q/ld the Purches." [ftwo or more parties ate lUln\ed hc:~n
AI Puroh.!et, their obIlQw(1:l.f he",undC1' sholl bcjointllJld SllVeral,
9, 1be l'urehaJOfS may notllllsi", thll Agreement without tha Seller's prior writ'.c<1 oonscnt which tnlI)'
b, withheld foc MY rc.uon Any such 8.'l$ignrnent without the Seller's ~Mentliboll be void ond of no oUe<:t, and
~holl CQlUtitute . mOlorial cefault by the Purch.sOl hereunder.
I 0, Pweh~sors hereby relC4llc ll.I1d forever dischnrg" Seller, HomelLead Service, Corp., its Olgenl!l,
servants, direct.,.,. officers. emplO)'ecl. IUccesSOrs, assigns and nililiatcs (including tho RTC lllld f'DIC in its
oorporalC a.~d an)' other capacity) (all such penons being wllectively referred to lIS the "Rel41cd Persons"), of
and &om MY and 011 c:lusel of Derlon. elainu, demands Q/ld remedies of whatsoever kind Ol1d nstute chal
Plln,hll.\er has or may in the future have agalnst SeUer or any Related Pm~ In any manner on 4CCOlllIt of, .msinll
out of or relaled to' (i) rhe Asset purcho.<ed hereunder lllld (ii) tho servicinll, ~llec:ion or Bdministration of the
AR~ell\'om the begiMinfl of time Wltlll.he tr1Irufer or IClVicina from SoUn Ie Purcbas~lS in~udlng; but not
limited to, on)' Md all claims ~l.lcd to the tee<lipt. disbursement or reletlllon of I..:tOw llCCOunlA fWlds. if any,
related to the underlying 10M cr tho Asmany and oil claims rc;lalod to any l\.Ction or in.e::on in ~nneetion with
p=rvir.g or prQl((:UJ1g tho vu.lUCl of lhe Asset or the collarerol chlU s:cures the underlying loan, and; llllY a.lld all
c1.ims related to mlMletlcal or accounting errors. i""':.
-"-.
II. Th. Purc:ha...et w=enlS and repre.senl.S chat it hllS dealt wilh no broker in connection with the '\
purcl~1..'" of lhe Am:. The PurehnsC1' ngrcos to hold tho Soller Iwmlcss from any lOI~. claim, liabiliLy or cxpcases
resulting from any brcach of this worranly Md ",prcaeolatiotl by the pun;haser. The Seller wan'1UIt.. and
lepn'.5ertts that it has dealt with no broker in oonncclioo with the sale of the Assct. The Seller agrtC3 to hold the
Purchaser hllrIDlcss from aoy loss, claim, liability or "'<(pcn..:, rC3ulling from any breach of this WIltTD.lIty Me!
representation b)' the Seller.
IN WITNESS WHEREOF, the Seller and the Purcbuen have executed llUs Agrwm.nt under
seD I as of the dll~ set fortll below opposite their fllsp..tivc aignatu.rM.
--.--.-- --
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fl(oh;.,tL,h,...J...;.~-t'2., (t'"'C~/J t-!-",....c:.te...d SE'I<.'~I<-<!.J!O(~f' '....'i]-,
lJC.M'-"-"""c62. c...,<<.. ~.....~........ '"'- t.O,,-<:c.I~)\JI\'" c...c; 1;v-" "Y\C""'1J] "
::;,..\c I' Mc.cd u... '1 , (11/ c-rl. de; (o? ~ c.J:id1P<.t;",,\ ~ ~t,-+~t-d 6~';ol
~vnr'~~'" ...( ~ec.ufl.L<.<i I c",tled-""'j ',(U' }, D'" .,1.....-r....., ...........,.:h.. ~'
Cv~,~d~L-~_~v~~_~s. ~~~o<.~te;~~ (~~___/
/
2
TRACT NO. I
ALL that certain tract of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a parker kalon nail in the centerline of East Winding Hill Road (L.R. 21025) al
a common corner with Ezra 1-1, Sassman; thence North six degrees eight minutes lifteen seconds
West for a distance of one hundred sixty-six and tifty hundredlhs feet (N, 060 08' IS" W.
166,50') along hinds of same to an iron pipe; thence North eighty-eight degrees lhirty-eight
minutes tifteen seconds West for a dislance of one hundred thirteen and ninety hundredths feet (N.
880 38' 15" W, 113.90') along lands of same to .In iron pipe: thence South eighty-fivc dcgrees
forty-nine minutes twenty-one scconds Wcst for a dislance of one hundred two and tifty-three
hundredths feet (S, 850 49' 21" W, 102,53') along lands of Trudy Jo Strasbaugh to an iron pin:
thence South eighly-four degrees lwenty-two minutes twenty seconds West for a distance of one
hundred tifty feet (S, 84022' 20" W. ISO') along lands of William R, !.Alvell and Sergio Ongelia
to an iron pin: thence North nine degrees twenty-seven minutes forty-six seconds West for a
distance of one thousand four hundrcd thirty-eight and twenty-lhree hundredths feet (N. 090 27'
46" W. 1,438,23') along lands recorded in "Graham Village Plan "BOO, Plan Book 14, Page 11,
and" AMP Incorporated, Lot No.2, Plan Book 52, Page 22" to an iron pin; thence Norlh twenty-
seven degrees thirty-six minutes forty-ore seconds East for a distance of forty-live and twenty-two
hundredths feet (N, 27036' 41" E. 45,22') along lands of same to an iron pin: thence along a
curve to the right having a radius of eleven thousand three hundred tifty-nine and nineteen
hundredths feet (11,359.19') and an arc length of seven hundred eighty-three and eleven
hundredths feet (783,11') being sublended by a chord of Soulh eighly-live degrees twenty-three
minutes zero seconds East for a distance of scvcn hundred eighty-two and ninety-five hundredlhs
fect (S 85023' 00" E. 782.95') along lands of the Pcnnsylvania Turnpike Commission to an iron
pin; thence South eighty-three degrees twenty-four minules thirty seconds East for a dislance of
nine hundred sixleen and fifleen hundredths feet (S. 83024' 30" E, 916,15') along lands of same
to an iron pin; thence South sixleen degrees thirty-livc minutes twenty-four seconds East for a
dislance of one lhousand two hundred tifty-eight and twenty-eight hundredths feet (S, 16035' 24"
E. 1,258,28') along lands of Golf Shoppe Incorporated, Lot No.2, recorded in Plan Book 34,
Page 54, to an iron pin at lands of Melvin R. Eaton; thence South eighty-eight degrccs tifty-six
minutes fifty-seven seconds West for a dislance of one hundred cighty-six and sixty hundredlhs
feet (S, 880 56' 57" W, 186,60') along lands of same and Debra L. Steel to an iron pin; thence
South one degree twenty-three minutes three seconds East for a distance of one hundred sixty-six
and fifty hundredths feet (S. 01023' 03" E. 166,50') along lands of sarnc to a parker kalon nail
in the centerline of East Winding Hill Road; thence South eighty-eight degrees fifty-six minutes
fifty-seven seconds West for a distance of forly feet (S. 880 56' 57" W, 40') to a parker kalon nail
in the centerline of said road; thence North one dcgree twenty-three minutes three seconds Wesl
for a distance of one hundred sixty-six and tifty hundredths feet (N. 010 23' 03" W, 166,50')
along lands of Russell J, Wallers to an iron pipe: thence South eighty-eight degrees fifty-six
minutes fifty-seven seconds Wcst for a distance of one hundred feet (S, 880 56' 57" W. 100')
along lands of same to an iron pipe; thence South seventy-six degrees eighteen minutcs fifteen
hWI",!)OO(".V/'l.lflfUMIIIIRLAMI'D
seconds West for a distancc of thrcc hundrcd lect (S, 760 18' 15" W, 300') along hinds of Sam
Gosnell, Calvin C, Bcard and Lawrcnce Shughart to an iron pin; thcncc South cighty-two dcgrccs
I'<Jrty-eight minutes tilteen scconds Wcst for:1 distancc of onc hundrcd forty fect (S, 82048' 15"
W. 140') along lands of Robcrt J, Wcntz to an iron pin; thcncc South eightcen dcgrccs Iiity-six
minutes forty-live scconds East for a dislancc of onc hundrcd sixty-cight fcct (S. 18" 56' 45" E.
168') along lands of same to a parkcr kalon nail in East Winding Hill Road; thencc South cighty-
two degrccs forty-eight minutcs Iiftccn seconds Wcst for a distancc of sixty-live and twenty-Iivc
hundredths feet (S, 820 48' 15" W, 65,25') to a parker kalon nail in thc ccntcrline of said road;
thence North eighty-eight degrees tifty-ninc minulcs four scconds West for a distance of two
hundred sixty-one and sixty-four hundrcdths teet (N. 88059' 04" W, 261.64') to a parker kalon
nail in the centerlinc of said road; thence North eighty-six dcgrees thirty-sevcn minutes twenty-
nine scconds West three hundred forty-scven fect (N. 860 37' 29" W. 347') to a parker kalon nail
in the centerline of said road; thcnce North eighty-live degrees thirty-six minutcs scventecn
seconds West for a distance ofscventy-six and twenty hundredths feet (N, 850 36' 17" W. 76,20')
along the centerline of said road to thc point of BEGINNING,
TOGETHER with and subject to covenants, eascmcnts, and restrictions of record,
CONTAINING 58.1275 acres, more or less,
BEING the same premises which Margarct B, Wentz, widow, by her Dced dated December 23,
1987, and recorded in the Oflice for lhe Recording of Dceds in and for Cumberland County in
Deed Book "C", Vol. 33, Page 710, granted and conveyed unto Cumberland Business Park
Associates, A Pennsylvania General Partnership,
TRA.CT NO.2
ALL that certain tract or parcel of land situale in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road which point lies at the intersection of land
now or formerly of Ben-Janson, Inc., and of the Mary Ellen Eberly ESlate; thence along East
Winding Hill Road South forly-nine degrees twenty-one minules fifty-seven seconds West sixty
and seventy-seven hundredlh~ feet (S. 490 21' 57" W, 60,77') to a point on said road; thence
North nineteen degrecs twenty-six minutes Iifty-five seconds West lWO hundred twenty-four and
seventy-one hundredths feet (N, 19026' 55" W, 224,71 ') 10 a pin in lands of Mary Ellen Eberly
Estate; thence Soulh seventy-eight degrees forty-four minutes thirteen seconds West eight hundred
ninety-four and thirty hundredths feet (S. 780 44' 13" W, 894.30') to a point in the lands of the
Mary Ellen Eberly Estate; thence South sixtecn degrees three hundred Iifty-six minutes twenty-
four seconds East two hundred sixty and fifty-nine hundredths feet (S, 160356' 24" E, 260.59')
to a point in East Winding Hill Road; thence in and along the same, along a curve bearing to the
right, having a radius of eight hundred sixteen and sixty-live hundredths feet (816.65'), an arc
distance of Iifty-one and twenty hundredlhs feet (51.20') to a point; thence North along lands now
or late of Carl Wentz North sixteen degrees thirty-five minutes twenty-four seconds West one
fj\WI'\J)()I~(,I"I'Ll!1nJ""IIlL"'M/'lI
thousand four hundred twenty-nine and forty hundredths fcct (N. 16035' 24" W, 1,429.40') 10
a point; thence South eighty-three degrees twcnty-four minulcs thirty se\:onds East three hundrcd
twenty-seven and eighleen hundredths fcct (S. 83024' 30" E, 327,18') to a point; thcnce South
seventy-four degrees seven minutcs lifty-livc se\:onds East thrce hundrcd three and ninety-eight
hundredths feet (S. 74007' 55" E, 303,98') to a poinl; thence South thirty-eight degrees twcnty-
four minutes thirty se\:onds East three hundred ninety and lhirty-two hundredths feet (S, 380 24'
30" E. 390,32') to a point; thence South eighly-three dcgrecs twcnty-four minute~ thirty seconds
East tWl' hundred eighty-one feet (S. 830 24' 30" E, 281') to a point; thence Norlh eighleen
degrees tifty-four minutes tifty-four scconds Ea~t limy and twenty-eight hundredths feet (N, 180
54' 54" E, 40.28') to a point at lands now or formerly of Ben-Janson, Inc,; thence South nineteen
degrees twenty-six minutes tifty-live seconds Easl seven hundred twenty-live and sixty-one
hundredths feet (S, 19026' 55" E. 725.61 ') 10 a point of East Winding Hill Road, lhe pla\:c of
BEGINNING,
UNDER AND SUBJECT to certain easements as indkaled on Lot No, 2 and being Lot No.2,
Plan of Lots prepared by Michael C. DeAngelo, Registered Surveyor, and recorded in
Cumberland County Plan Book 34, Page 54,
BEING the same premises which The Golf Shoppe, Inc" a/k/a Golf Shoppe, Inc" a Pennsylvania
Corporation by its Deed daled May 25, 1988, and recorded in the Office for the Recording of
Deeds in and for Cumberland County in Deed Book" J", Vol. 33. Page 72, granted and conveyed
unto Cumberland Business Park Associales, a Pennsylvania General Partnership.
TRACT NO.3
ALL that certain tract or parcel of land situate in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in East Winding Hill Road, which point lies on the lands now or formerly
of Mary Ellen Eberly Estate; thcnce North sixteen degrees thirty-live minutes twenty-four seconds
West two hundred sixty and tifty-nine hundredths fect (N, 160 35' 24" W. 260,59') to a point;
thence along othcr lands now or formerly of Cumberland Business Park Associates North seventy-
eight degrees forly-four minutes thirteen seconds East eight hundred ninety-four and thirty
hundredths feet (N, 78044' 13" E, 894.30') to a point; thence continuing along the lands now or
formerly of Cumberland Business Park Associales South nineteen degrees twenty-six minutes
fifty-five seconds East two hundred twenty-four and seventy-one hundredths feet (S, 190 26' 55"
E, 224,71 ') to a point in East Winding Hill Road; thence in and along East Winding Hill Road
along a curve bearing West and to thc Icft having a radius of scvcn hundred len feet (710'), an arc
distance of four hundred forty and live hundredths feet (440.05') to a point; thence continuing
along said Winding Hill Road South eighty-six degrees one minute thirty-live seconds West one
hundred eighty-seven and limy-two hundredths feet (S. 86001' 35" W, 187.42') to a point in East
Winding Hill Road; thence continuing by a coursc in East Winding Hill Road by a curve with a
radius of one thousand one hundred ninety-seven and sixty-one hundredths feet (1,197,61') and
an arc distance of ninety-nine and ninety-four hundredths feet (99.94') to a point; thence
(j.WI'\I)()('f1vnl!\nJM/lftllJ.."~l"l:l
continuing by a course in said East Winding Hill Road South eighty-one degrees fourteen minutes
forty-two seconds West one hundred fifty-one and sixty hundredths feet (S. 810 1.4' 42" W.
151.60') to a point in East Winding Hill Road; thence continuing in East Winding Hill Road by
a curve having a radius of eight hundred sixteen and sixty-five hundredths feet (816.65') and an
arc of thirty-nine and forty-seven hundredths feet (39.47') to a point and place of BEGINNING,
BEING Lot No. I of a Final Subdivision Plan for the Mary Ellen Eberly ESlate, surviving
administrator, dated September 13, 1978, and recorded in the Office of the Recorder of Deeds in
and for Curnberland County, Pennsylvania, in Plan Book 34-A, Page 54,
CONTAINING 5.790 acres, rnore or less.
BEING lhe same premises which Joseph W, Eberly and Marjorie A, Pugh, individually and as
sole heir in her capacity as Administratrix of the Estate of Ruth A, Bitner, deceased, by their
Deed dated November I, 1988, and recorded in the Oftice for the Recording of Deeds in and for
Cumberland County in Deed Book "Q", Vol. 33, Page 942, granted and conveyed unto
Cumberland Business Park Associales, a Pennsylvania General Partnership.
TRACT NO.4
ALL that certain piece or parcel of land situale in Upper Allen Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Final Resubdivision Plan for AMP,
Inc" dated August 23, 1988, recorded in Cumberland County Plan Book 56, Page 24, more
particularly bounded and described as follows:
BEGINNING at a point in the center of South Market Street (Route No. 114), said point being
approximately one thousand four hundred feet (1,400') South of the Pennsylvania Turnpike;
thence along the center of South Market Street North twenty-six degrees eleven minutes forty-
eight seconds West a distance of sixty feet (N. 260 11' 48" W. 60') 10 a point; thence through
lands now or formerly of AMP Incorporated, North sixty-three degrees fifty-eight minutes two
seconds East a distance of one hundred ninety and torty-nine hundredths feet (N. 630 58' 02" E,
190.49') to a point; thence by same North eighty-three degrees twenty-eight minutes forty-two
seconds East a distance of two hundred ninely-seven and sixty-four hundredths feet (N, 830 28'
42" E. 297,64') to a point; thence by the same and a curve to the left having a radius of one
hundred fifteen feet (lIS') an arc length of ninety-four and tifty hundredths feet (94.50') to a
point; thence by the same North thirty-six degrees twenty-three minutes thirty-eight seconds Easl
a distance of ninety-three and thirly-follr hundredths feet (N. 36023' 38" E, 93,34') to a point;
thence by the same and a curve to the right having a radius of one hundred eighty-five feet (185'),
an arc length of one hundred forty-two and lorty-three hundredths feet (142,43') to a point; thence
by the same North eighty degrees thirty minutes twenty-two seconds East a distance of two
hundred feet (N, 8uO 30' 22" E, 200') to a point at lands now or formerly of Carl Wentz; thence
along the same South nine degrees twemy-nine minutes thirty-eight seconds East a distance of
sixty feet (S, 090 29' 38" E, 60') to a point; thence along Lot No, 50, Graham Village Plan Book
14, Page 11, and the end of the right-of-way for Reynolds Street South eighty degrees thirty
(J,WI'IIMJC'('lVl'Ll!lrUMDftIlLAIIlI'D
minutes twenty-two seconds West a distance of two hundred feet (S. 80" 30' 22" W, 200') to"
point; thence through lands now or formerly of AMP Incorporated, by a curve to the left having
a radius of one hundred twenty.live feet (125'), an arc length of ninety-six and twenty-foul'
hundredths feet (96.24') to a point; thence by the same South thirty-six degrees twenty-three
minutes thirty-eight seconds West a distance of ninety-threc and thirty.four hundredths feet (S,
36. 23' 38" W. 93.34') to a point; thence by the same and a curve to the righl having a radius
of one hundred seventy-live feet (175 ') an arc length of one hundred forty-three and eighty-one
hundredths feet (143,81') to a point at lands now or formerly of the Mechanicsburg Assembly of
God Church; thence by the same South eighty-three degrees twenty-eight minutes li>rty-two
seconds West a distance of two hundred eighty-seven and thirty-three hundredths feet (S, 83" 28'
42" W, 287,33') to a point; thence by the same South sixty-three degrees lifty-eight minutcs two
seconds West a distance of one hundred eighty feet (S. 63" 58' 02" W, 180') to a point in the
center of South Market Street, Ihe point of BEGINNING.
CONTAINING 1.390 acres.
UNDER AND SUBJECT to easements, rcservations, restrictions and righls of way of record.
UNDER AND SUBJECT to an Agreement dated Deccmber 18, 1986, by and among the
Township of Upper Allen, Book-of-the-Month Club, Inc,. and AMP Incorporated.
BEING the same premises which AMP Incorporated. by its Deed dated February 3, 1989, and
recorded in the Office for the Recording of Deeds in and for Cumberland County in Deed Book
"U", Vol. 33, Page 1057, granted and conveyed unto Cumberland Business Park Associates, a
Pennsylvania General Partnership,
EXCEPTING AND RESERVING fron. Tract No, 1 of the above-described premises the
following:
A. Deed from Cumberland Business Park Associates to James E, Grandon and Jean Grandon,
his wife, dated April 21. 1992, and recorded in Cumberland County Deed Book Q,,35, Page 125,
being Lot No, 2A on lhe Final Resubdivision Plan, Lot No, 2, Cumberland Business Park, as
recordcd in Cumberland County Plan Book 64, Page 70. Identilied as Cumberland County Parcel
No, 26-241-55,
B. Deed from Cumberland Busines; Park Associales to Fred J, Alba and Mary Kathryn Alba,
his wife, dated July I, 1992, and recorded in Cumberland County Deed Book T-35, Page 536,
being Lot No, 2B on the Final Resubdivision Plan, Lot No, 2. Cumberland Business Park, as
recorded in Cumberland County Plan Book 64, Page 70, Identified as Cumberland Ceunty Parcel
No, 26-241-56.
C, Deed from Cumberland Business Park Associates to Unit Properties, Inc, dated October 9,
1991, and recorded in Cumberland County Deed Book 1-35, Page 712, bcing Lots Nos. 3 and 4A
l. """,I.ll.l('IIVnll',(IlMllrl',I\"-f1'1l
on the Final Resubdivision Plan, Lot No, 2, Cumberland Busincss Park, as rccorded in
Cumberland County Plan Book 64, Page 70, Identified as Cumberland County Parcel No, 26-
243-34.
D, Deed from Cumberland Business Park Associates to Erncst C, Dove, Jr, and Brenda C, Dove,
his wife, dated August 6,1992, and recorded in Curnberland County Deed Book V-35, Page 91,
being Lot No. 3B on the Final Resubdivision Plan, Lot No, 2, Cumberland Business Park, as
recorded in Cumberland County Plan Book 64, Page 70, Identified as Cumberland County Parcel
No, 26-241-54,
E, Deed from Cumberland Business Park Associates to Winding Hill Center Limited Partnership
By Old Schoolhouse Inc. dated JanlJary 16, 1991, and recorded in Cumberland County Deed Book
34-Y, Page 356, being Lot No. 6A on the Final Resubdivision Plan, Lot No.2, Cumberland
Business Park, as recorded in Cumberland County Plan Book 64, Page 70.
Identified as Cumberland County Parcel No, 26-243-33.
F. Deed from Cumberland Business Park Associates 10 Winding Hill Center Limited Partnership
By Old Schoolhouse Inc, daled January 16, 1991, and recorded in Cumberland County Deed Book
34-Y, Page 356, being Lot No, 6B on the Final Resubdivision Plan, Lot No.2, Cumberland
Business Park, as recorded in Cumberland County Plan Book 64, Page 70.
Identified as Cumberland County Parcel No, 26-243-32.
EXCEPTING AND RESERVING from Tracls Nos. 2 and 3 of the above-described premises the
following:
G, Deed from Cumberland Business Park Associates 10 Upper Allen Township dated October 8,
1991, and recorded in Cumberland County Deed Book 1-35, Page 1127, being Lot No, 5 on the
Final Resubdivisiol1 Plan, Lot No, 2, Cumberhmd Business Park, as recorded in Cumberland
County Plan Book 64, Page 70, Identified as Cumberland C(lunty Parcel No, 26-243-29,
EXCEPTING AND RESERVING from Tract No, 2 of the above-described premises the
following:
H, Deed from Cumberland Business Park Associates to Winding Hill Cenler Limited Partnership
By Old Schoolhouse Inc, dated January 16, 1991, and recorded in Cumberland County Deed Book
34-Y, Page 356, being Lot No. 6D on the Final Resubdivision Plan, Lot No, 2, Cumberland
Business Park, as recorded in Cumberland County Plan Book 64, Page 70, Identified as
Cumberland County Parcel No. 26-243-31.
ALSO EXCEPTING AND RESERVING from the above-described premises the following Deed
of Dedication:
I. Deed from Cumberland Business Park Ass<lCiates to Upper Allen Township dated September
'jIWt>.JlIIll'(I....L11ltIJMIUIIlL"MI'tI
WHEREFORE, Petitioners request that the fair market value of the property be
fixed at $3,765,450.00.
ETZWEILER AND ASSOCIATES
By
Christian S. aghir
Superior Court J.D. #477
Attorney for Plaintiff
105 North Front Street
Harrisburg, PA 17101
(717) 234-5600
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2. Denied. The avennents cOllltlined in Paragraph 2 of the New Matter are
conclusions oflaw to which a responsive pleading is not required, If a response is deemed
necessary, the averments contained therein are specifically denied for the reasons set forth
in Paragraph 1.
3. Denied. It is specifically denied that Plaintiffs' representation of the fair
market value of the property is accurate, By way of further answer, the fair market value of
the real estate can be established by sales agreements and current real estate listings of the
subject property.
4. Admitted in part and denied in part, It is admitted that Plaintiffs filed a
Petition for Withdrawal of Just Compensation to have the funds deposited with this
Honorable Court distributed to them, It is specifically denied, however, that Defendants
were not given an opportunity to object to said Petition, a Rule to Show Cause, having been
issued upon Defendants on or about February 8, 1997. By way of further answer, upon
consideration ofPlaintitT's motion to make Rule Absolute, this Honorable Court ordered on
March 13, 1997, that the sums deposited on account of the condemnation proceedings be
turned over to Earl Richard Etzweiler, Esquire, Etzweiler & Associates, on behalf of Mid
Penn Bank and Hornestead Tmstll5.
5. Denied, The avennents contained in Paragraph S are conclusions oflaw
to which no responsive pleading is required. If a respollse is deemed necessary, the
averments contained therein are specifically denied.
6, Denied, The avennents contained in Paragraph 6 are conclusions oflaw
to which no responsive pleading is required, If a response is deemed necessary, the
averments contained therein are specifi~ally denied,
e,lII'NlQC'tO\I N\WIANI
2, Admitted in part and denied in part. Winding Hill
admits that Plaintiffs caused the sale of the tract of land therein
described by virtue of a Writ of Execution. After reasonable
investigation, Winding Hill is without knowledge or information
sufficient to form a belief as to the truth of the remaining
averments of Paragraph 2.
3. Admitted. By way of further response, Plaintiffs
failed to set forth in their petition the date that the Sheriff's
deed was executed and acknowledged, as required by Pa. R. C, p,
3282 (a) (5) . The Sheriff's deed was filed with the Recorder of
Deeds of Cumberland County on July 3, 1997,
4. Denied. Winding Hill specifically denies that it
may be liable to Plaintiffs for payment of the judgment debt,
Rather, Plaintiffs' failure to file this petition within six (6)
months of the date on which the Sheriff's deed was filed with the
Recorder of Deeds released Winding Hill of any liability which may
remain on the judgment debt.
S. Denied, According to the Assessment Of f ice for
Cumberland County, Pennsylvania. the assessed value for the
property for the year 1997 was $153,870.00.
6. Denied, Winding Hill specifically denies that the
fair market value of the property is $3,765,450,00,
NEW MATTER
1. Plaintiff's petition to Fix Fair Value of Real
Property, filed on January 14, 1998, is barred insofar as it was
filed with this Court more than six (6) months after the sheriff's
deed was filed with the Recorder of Deeds of Cumberland County on
July 3, 1997. 42 Pa.C.S,A, 55522,
2. Due to the lapse of th~ six (6) month period,
Defendant is entitled to have the judgment marked satisfied,
released and discharged. 42 Pa,C.S.A. 58103(d) ,
3. Plaintiff's representation of the fair market
value ot the property is inaccurate.
4. In a related Eminent Domain proceeding
involving portions of Tracts Nos. 2 and 3 of the property, In Re,
Condemnation by the Commonwealth of Pennsylvania, Department of
Transportation, Right of Way for State Route 15, Section A-14,
Unlimited Access Highway in the Township of Upper Allen, Court of
Common Pleas of Cumberland County, Docket No. 94-5262, the
Commonweal th of pennsyl vani a, Department of Transportat ion
("PennDot") deposited the sum of $5,775.89 as estimated just
compensation under claim number 2104099 on February 3, 1995; the
sum of $117,692.69 as est.imated just compensation under claim
number 2104088 on January 19, 1995; and the sum of $236,611,56 as
estimated just compensation under claim number 2104098 on January
19, 1995. On or about January 21, 1997, Plaintiffs filed a
petition for Withdrawal of Estimated Just Compensation to have the
deposited funds distributed to them. By taking such action,
Plaintiffs denied Winding Hill its right to petition for the
appointment of viewers pursuant to 26 P,S, 51-502, and t.hereby
2. Denied, The averments contained in Paragraph 2 of the New Malter are
conclusions oflaw to which a responsive pleading is not required, If a response is deemed
necessary, the averments contained therein are specifically denied for the reasons set forth
in Paragraph I.
3, Denied, It is specifically denied that Plaintiffs' representation of the fair
market value of the property is accurate, By way of further answer, the fair market value of
the real estate can be established by sales agreements and current real estate listings of the
subject property,
4, Admitted in part and denied in part, It is admitted that Plaintiffs filed a
Petition for Withdrawal of Just Compensation to have the funds deposited with this
Honorable Court distributed 10 them, It is specifically denied, however, that Defendants
were not given an opportunity to object to said Petition, a Rule to Show Cause, having been
issued upon Defendants on or about February 8, 1997. By way of further answer, upon
consideration of Plaintiff's motion to make Rule Absolute, this Honorable Court ordered on
March 13, 1997, that the sums deposited on account of the condemnation proceedings be
turned over to Earl Richard Etzweiler, Esquire, Etzweiler & Associates, on behalf of Mid
Penn Bank and Homestead Trust #5.
5, Denied. The averments contained in Paragraph 5 are conclusions of law
to which no responsive pleading is required, If a response is deemed necessary, the
averments contained therein are specifically denied,
6, Denied, The averments contained in Paragraph 6 are conclusions of law
to which no responsive pleading is required, If a response is deemed necessary, the
averments contained therein are specifically denied,
C:lWNIOC'O'V~