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HomeMy WebLinkAbout07-0722s 4 ?. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff V. JOHN F. MIRA Defendant TO THE PROTHONOTARY: : DOCKET NO. 07-722 CIVIL TERM MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A Please enter judgment in the above-captioned proceeding in favor of Plaintiff, Community Banks, and against Defendant, John F. Mira, in the amount of $170,747.03, plus interest in the amount of $32.26 per day, late charges, attorneys' fees and other expenses and costs, from January 295 2007, through the date of payment, including on and after the date of entry of judgment, and costs, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof and after 10-day Notices were sent. Respectfully submitted, McNees Wallace & Nurick LLC Date: March 2007 By: Shuff, Esquire 74u5preme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notice of intent to take a default judgment was forwarded to John F. Mira by United States Mail, first class, postage prepaid, on March 2, 2007. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. Copies of the notice and Postal Form 3817 are attached hereto and marked Exhibits "A" and "B", respectively. elf r?. Shuff,? squire r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, : DOCKET NO. 07-722 CIVIL TERM Plaintiff V. MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A TO: John F. Mira 115 South St. Johns Drive Camp Hill, Pennsylvania 17011 Date of Notice: March 2, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17103 Telephone (717) 249-3166 Respectfully submitted, Date: March 2, 2007 McNees Wallace & Nurick LLC By: Geotlr S , Esquire reme Co ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks E x4;. ??t "A)) w r a U.S. POSTAL SERVICE CERTIFICATE OF AMU MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER • Received From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 ?- ` One piece of ordinary mail addressed to: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 PS Form 3817, January 2001 Iff ° t7harrd v PT/ 0? 4 a 56 40 1 m N© N -' O O O -'O 4 ? O ?r w h lo 1 O ?R COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO. 07-722 CIVIL TERM Plaintiff V. MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A TO: John F. Mira 115 South St. Johns Drive Camp Hill, Pennsylvania 17011 You are hereby notified that on /tc;xL--L 2007, the following judgment has been entered against you in the above captioned case: Judgment in favor of Plaintiff, Community Banks, and against Defendant, John F. Mira, in the amount of $170,747.03, plus interest in the amount of $32.26 per day, late charges, attorneys' fees and other expenses and costs, from January 29, 2007, through the date of payment, including on and after the date of entry of judgment, and costs, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof and after 10-day Notices were sent. 04 Dated: -r tho Jotary I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 is: John F. Mira 115 South St. Johns Drive Camp Hill, Pennsylvania 17011 John F. Mira 115 South St. Johns Drive Camp Hill, Pennsylvania 17011 Respectfully submitted, McNees Wallace & Nurick LLC A John F. Mira 115 South St. Johns Drive Camp Hill, Pennsylvania 17011 Por este medio se le esta notificando que el de del 2007, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia: Date: March, 2007 By: reme Court 1D 4848 100 Pine Street, Box 1166 Harrisburg, P 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO.O'`I Plaintiff V. MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad o otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO. Plaintiff : V. MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A COMPLAINT The Plaintiff, CommunityBanks, by its attorneys, McNees Wallace & Nurick LLC, files this Complaint pursuant to Pa. R. Civ. P., Rule 1141 et seq., alleging in support thereof the following: 1. The Plaintiff, CommunityBanks ("Bank"), is a financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal regional office located at 1001 Sharp Avenue, Ephrata, Pennsylvania 17522. 2. The Defendant, John F. Mira, is an adult individual whose last known address is 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011. 3. On or about October 20, 2004, Defendant and Holly A. Mira borrowed from and agreed to repay to Bank the sum of $163,300 ("Loan"). As security for the Loan, Defendant executed and delivered to Bank a mortgage dated October 20, 2004 ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, which is a commercial property used by Defendant as Defendant's office for conducting Defendant's business, and not Defendant's residence ("Property"). At all times relevant hereto, Defendant was and remains the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "A" and incorporated herein by reference. A copy of the Commercial Variable Rate Promissory Note dated October 20, 2004, and the Commercial Variable Rate Promissory Note Modification Agreement and Declaration of No Set- Off dated March 27, 2006 (together, "Note"), evidencing the Loan are attached hereto as Exhibit "B" and incorporated herein by reference. 4. On October 26, 2004, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book 1885, Page 2621. A copy of the Mortgage is attached as Exhibit "C" and incorporated herein by reference. 5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendant. 6. Under the terms and conditions of the Note, Defendant and Holly A. Mira agreed to make monthly payments of principal and interest to Bank in the amount of $1,513.81 beginning on November 20, 2004, and continuing on the 20`" day of each month thereafter. 7. Defendant and Holly A. Mira are in default under the Note for failure to make monthly payments due on July 20, 2006, and on the 20`x' day of each month thereafter, and as a result of such default the entire outstanding balance of the Loan, including all principal, interest, late charges, and other amounts payable under or in connection with the Note and/or the Mortgage are due and payable in full. 8. Defendant and Holly A. Mira are presently indebted to Bank, as of January 29, 2007, in the amount of $170,747.03 itemized as follows: a. Principal $154,842.70 b. Interest as of January 29, 2007 $7,205.59 C. Late Charges $529.83 d. Satisfaction Fees $40.00 e. Attorneys' Fees -$9,128-91 f. Total Due as of January 29, 2007 $170,747.03 9. Defendant also agreed under the terms of the Mortgage that in the event of default thereunder he would pay, in addition to the charges listed in the preceding paragraph, costs incurred by Bank as a result of the institution of these legal proceedings. 10. The obligation owed by Defendant and Holly A. Mira to Bank continues to accrue interest thereon at the rate of $32.26 per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and continues to accrue late charges, attorneys' fees and other expenses and costs to which Bank may be entitled under the Mortgage and/or the Note through the date of payment, including on and after the date of entry of judgment of this Complaint. 11. Bank has made demand upon Defendant herein to cure the default under the aforesaid Mortgage and Note. However, Defendant has refused and failed, and continues to refuse and fail, to cure the default. WHEREFORE, Plaintiff, CommunityBanks, requests this Court to enter a judgment in favor of the Plaintiff and against the Defendant, John F. Mira, for the amount of $170,747.03, plus interest at the rate of $32.26 per day, late charges, attorneys' fees and other expenses and costs from January 29, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and for costs of this proceeding, and for foreclosure and sale of the mortgaged property situate in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, as more particularly described in Exhibit "A" attached hereto. Respectfully submitted, McNees Wallace & Nurick LLC Date: February 5 , 2007 By: G Sh , Esquire Supreme Couft ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff v. JOHN F. MIEtA Defendant : DOCKET NO. MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Raymond Granger, Vice President of Comm mityBanks, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Date: CO ANKS By: nd Gr i President 4 . , v 0 Exhibit A ALL THAT CERTAIN house numbered 115 South St. John's Drive and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern line of South St. John's Drive (50 feet wide), which point is at the comer of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the same, South 89 degrees 45 minutes East, one hundred forty-four and five-tenths (144.5) feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same, North 89 degrees 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the eastern line of said St. John's Drive, North 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. Y r!i -41111 ? 5 be recorded g-. ?a n ,? Co u11 ty PA Peed-der Of l),,(,, TSS240-00022 CommunigyBanks Community Banks 2796 Old Post Road Harrisburg, PA 17110 (717) 909-3400 "LENDER" J` F Mira `..r? Hdt1y A Mira A-0.0 so 115 South St Johns Road Camp Hill, PA 17011 ] r}IbN NO 1ItEltnaA#tbnf't B0. (717)766-8312 COMMERCIAL VARIABLE RATE PROMISSORY NOTE o'fsICEFi tNTE $T pitrC , .i4t t4lN3[f+? 41.0 . my s LOA-14 > IDENTIFICATION gIFTE RI?GEl1VT 1014 0ATE Nt @E t NUMBER VARIABLE $163,300.00 10/18/04 10/20/19 09110534 to refinance Community Banks debt and to pay off balloon bankruptcy debt v: va?u0'-i -'vnu ou"wer promises to pay to me order of Lender the principal amount of One HunareQ SIXt Three Thousand Three Hundred and no/100 Dollars ($ 163 ' 300.00 ) plus interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to accrued, unpaid interest, then to unpaid principal, and then to any late charges or expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: This Note has a variable interest rate feature. The interest rate on this Note may change from time to time if the Index Rate identified below changes. Interest shall be computed on the basis of 360 days per year. Interest on this Note shall be calculated and payable at a variable rate equal to 2 .00 % per annum over the Index Rate. The initial interest rate on this Note shall be 7 -5 0 0 % per annum. Any change in the interest rate resulting from a change in the Index Rate will be effective on October 20, 2009 INDEX RATE: The Index Rate for this Note shall be: Wall Street Journal Prime: The Prime Rate as published in the Wall Street Journal. If the Index Rate is redefined or becomes unavailable, then Lender may select another index which is substantially similar. RATE LIMITATIONS: Subject to applicable law, the minimum interest rate on this Note shall be 4.000 % per annum. The maximum interest rate on this Note shall not exceed 21.000 % per annum, or if less, or if a maximum r to is not indicated, the maximum interest rate Lender is permitted to charge by law. The maximum rate increase at any one time will be n7a %. The maximum rate decrease at any one time will be n/a %. DEFAULT RATE: If there is an Event of Default under this Note, the Lender may, in its discretion, increase the interest rate on this Note to: Rate in effect at time of default plus two percent (21t) or the maximum interest rate Lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: 179 payments of }J1'#5hh beginning Novgmber 204 2004 and continuing at mOmthly time intervals thereatter. A final ayment of the unpaid principal balance plus accrued interest is due and payable on October 2?, 2019. If the interest: rate changes tine payment amounts may change in an amount sufficient to r9pa the unpaid principal over tf!ie scheduled amortization term. New payments will begin the firs scheduled payment following a rate change. PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date ?with ® without penalty. If this Note contains more than one installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in writing, by Borrower and Lender. If this Note is prepaid in full, there will be: [:? minimum finance charge of $ ADrepayment penalty of: SECURITY: To secure the payment and performer of obligations Incurred under this Note, Borrowei{., hts Lender, a security interest in all of Borrower's right, title, and interest In all monies, instruments, savings, checking, share and other accounts of Borrower excluding IRA, Keogh, trust accounts and other accounts subject to tax penalties if so assigned) that are now or In the future In Lender's custody or control. If checked, the obligations under this Note are also secured by the collateral described in any security instrument(s) executed in connection with this Note, and any collateral described in any other security instrument(s) securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: If a check for payment is returned to Lender for any reason (for example, because there are insufficient funds in Borrower's checking account), Lender will assess a check processing fee of $ 35.00 which shall be added to the principal balance. RENEWAL: ? If checked, this Note is a renewal, but not a satisfaction, of Loan Number TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Default will occur under this Note in the event that Borrower, any guarantor or any other third party pledging collateral to secure this Note: (a) fails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or damages such collateral in any material respect; or subjects such collateral to seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate Its business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of satisfactory financial condition; (h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majority ownership as of the date of the execution of this Note; or (i) causes Lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment of this Note, or Lender in good faith, believes the prospect of payment or performance is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued Interest under this Note and all other present and future obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and Immediate If the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are in addition to those available at common law, including, but not limited to, the right of set-off. 3. DEMAND FEATURE. ? If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be in Lender's sole and absolute discretion, whether or not any default has occurred. 4. FINANCIAL INFORMATION. Borrower will at all times keep proper books of record and account in which full, true and correct entries shall be made in accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the end of each fiscal year of Borrower, a copy of the annual financial statements of Borrower relating to such fiscal year, such statements to Include (1) the balance sheet of Borrower as at the end of such fiscal year and (ii) the related Income statement, statement of retained earnings and statement of cash flow of Borrower for such fiscal year, prepared by such certified public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to Lender within fifteen (15) days after filing same, a copy of Borrower's income tax returns and also, from time to time, such other financial information with respect to Borrower as Lender may request. 5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall not be affected if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of COMMERCIAL VARIABLE RATE PROMISSORY NOTE MODIFICATION AGREEMENT AND DECLARATION OF NO SET-OFF THIS AGREEMENT, made this 2-7 day of -? 2006, by and between John F. Mira and Holly A. Mira (the "Borrower") and COMMUNITY BANKS (the "Bank") to modify the Commercial Variable Rate Promissory Note dated October 18, 2004, given in connection with that certain Mortgage also dated October 18, 2004 (the "Mortgage") to secure payment of an original principal indebtedness of One Hundred Sixty Three Thousand Three Hundred and no/00 Dollars ($163,300), said Mortgage having been recorded in Cumberland County Mortgage Book 1885, Page 2621, as a lien on the Mortgaged Property, as therein described and defined. WITNESSETH: WHEREAS, on October 18, 2004, Borrower made, executed and delivered to Bank a Commercial Variable Rate Promissory Note in the principal amount of One Hundred Sixty Three Thousand Three Hundred and no/00 Dollars ($163,300) (the "Note"), which Note is incorporated herein by reference thereto and made a part hereof; and WHEREAS, the outstanding principal balance of the Note is $155.889.23, together with interest thereon accrued and accruing; and WHEREAS, the parties hereto have agreed to amend certain repayment terms of the Note; and WHEREAS, Borrower has no defense, charge, defalcation, counterclaim, plea, demand or set-off against the Note or any of the Related Documents, and acknowledges and agrees that said Mortgage is now and shall remain as a valid lien on the Mortgaged Property; and WHEREAS, the parties hereto desire to formalize their agreement for this modification and amendment of Note and Mortgage. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: 1. That the introductory clauses set forth above are incorporated herein by reference and made a part hereof. 2. That the Note be and hereby is amended effective February 20, 2006 to allow interest only payments for the payments due on February 20, 2006, March 20, 2006 and April 20, 2006. The amount of the monthly principal and interest payment shall remain $1,513.81 commencing ommencing May 20, 2006. Principal and interest shall continue to be payable on the 20th day of each month. A final (balloon) payment in the amount of the entire outstanding principal balance, all accrued and unpaid interest and unpaid fees and charges, will still be due and payable on October 20, 2019. - 1 - 3. That the Note is secured, among other things, by said Mortgage. 4. That it is understood and agreed by the parties hereto that this Agreement does not constitute the creation of a new debt or the extinguishment of the debt evidenced by the Note and Mortgage, nor does it in any way affect or impair the lien of the Mortgage, which the parties hereby acknowledge to be a valid and subsisting lien on the Mortgaged Property, or any additional and other security provided by Borrower to Bank, and the lien of said Mortgage, as well as any such additional and other security, is agreed to have continued force and effect from the date thereof, unaffected and unimpaired by this Agreement, and the same shall so continue until fully satisfied. 5. That in all other respects, the Note and Mortgage shall remain in full force and effect, and without limiting the generality of the foregoing, all remedies and warrants of attorney therein are ratified and confirmed and incorporated herein by reference. 6. That any and all references to the Commercial Variable Rate Promissory Note dated October 18, 2004, in writings of the same or subsequent date shall be deemed to be or to have been made and to refer to the Commercial Variable Rate Promissory Note dated October 18, 2004, as amended and modified from time to time. IN WITNESS WHEREOF, this Modification Agreement has been duly executed as of the day and year first above written. WITNESS: JOHN F. MIRA HOLLY A. MIRA ira Holly A. "Borrower" COMMUNITY BANKS B Y• Title: "Bank" -2- * q After Recordation Return to: Community Banks P.O. Box 233 Hanover, PA 17331 OPEN-END MORTGAGE This Mortgage Secures Future Advances SURROWE Holly A Mira ADVOtt$' 115 South St Johns Road Camp Hill, PA 17011 TELEPHONE NO. IDENTIFICATION NO. K40ETOAGOIR John F Mira ADDKESS 115 South St Johns Road Camp Hill, PA 17011 TELEPHONE NO; IDENTIFICATION NO. 0 91/D 53 ?4 FEB 0 2 200 Parcel Identification No. In consideration of the loan or other credit accommodation hereinafter specified and any future advances, which may hereinafter be advanced or incurred and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,, Morty,angor has and by these presents does hereby rant, convey, bar?ain, sell and mortgage toCo unity ks , X796 Old Po t Road, Harris ura PA 1711 [ Lender" ,its successors and assigns, with power of sale and right of entry and possession all of Mortggagor s presen and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Mortgage and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privile es, hereditaments, easements, and appurtenances, Including all development rights associated with qhe Property, whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from the Property to other real' property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); until payment in full of all Obligations secured hereby. Moreover, in further consideration, Mortgagor does, for Mortgagor and Mortgagor's heirs, representatives, successors and assigns, hereby expressly warrant, covenant, and agree with Lender its successors and assigns as follows: LPPA501 p Harland Financial Solutions, Inc. (10/3/03) (800) 937-3799 age 1 of 12 ROBERT P. ZIECLEFECEIVED RECORDER OF DEEDS CUMt3ERLAN'D COUNT'-E A 4001 OCT 26 HM 10 06 g ? 885FG262 I ExV,b0 CY) 1. OBLIGATIONS. This Mortgage shall secure the. payment and performance of all indebtedness liabilities, obli ations and covenants of Bor ower or Mortgagor to Lender up to a maximum amounf outstanding a? any one time of $ 163,30;.00 plus accrued and unpaid interest (cumulatively Obligations") pursuant to: (a) this Mortgage and the following promissory notes and other agreements: INTERES RATE T PRI GH LC LM 'C NT! ... .. AGREE EN M" iOA ... M 11? 7Y CUSTOMER NuMe VARIABLE $163,300.00 10/18/04 10/20/19 09110534 (b) obligatory future advances, to the same extent as if made contemporaneously with the execution of this Mortgage, made or extended on behalf of Mortgagor or Borrower. Mortgagor agrees that if the Obligation is a line of credit, the lien created by this IVlortga a shall continue untir payment in full of all debt due under the line notwithstanding the fact that from fime to time (but before termination of the line) no balance may be outstanding; and (c) unpaid balances of advances made, with respect to the Property, for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or lien of this Mortgage, and expenses incurred by the Lender by reason of default by the Mortgagor under this Mortgage; and (d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the ftoregoing. 2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Mortgagor represents, warrants and covenants to Lender that: ta) Mortgagor has fee simple marketable title to the Property and shall maintain the Property free of all lens, security interests, encumbrances and claims except for this Mortgage and those described in Schedule B which is attached to this Mortgage and incorporated herein by reference, which Mortgagor agrees to pay and perform in a timely manner; (b) Mortgagor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation those relating to "Hazardous Materials", as defined herein, and other environmental matters (the "evnvironmental Laws"), and neither the federal government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Mortgagor's knowledge, threatened, which involve Mortgagor or the Property. Neither Mort agor nor, to the best of Mortgagor's knowledge, any other parry has used, generated, release dg dischar ed, stored, or disposed of any Hazardous Materials in connection with the Property or transported any Hazardous Materials to or from the Property. Mortgagor shall not commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority, including but not limited to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to 4ection 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes, (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Actor any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute rule, regulation or ordinance now or hereafter in effect. Mortgagor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; (c) All appplicable laws and regulations including, without limitation the Americans with Disabilities Act, 4 U.S.C.12101 et seq. (and all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occu ancy or the Property, presently are and shall be obtained, preserved and, where necessary, renewedp LPPA501 B © Harland Financial Solutions, Inc. (10/3/03) (800) 937-3799 Page 2 of 12 I I885PG2622 (d) Mortgagor has the right and is duly authorized to execute and perform its Obligations under this MMortgage and these actions do not and shall not conflict with the provisions of any statute, regulation, ordinance, rule of law, contract or other agreement which may be binding on Mortgagor at any time; (e) No action or proceeding is or shall be pending or threatened which might materially affect MMortgagor or the Property; and (f) Mortgagor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract or other agreement including, but not limited to, those governing Hazardous Materials) which might materially affect the Property or Lender's rights or interest in the Property pursuant to this Mortgage. 3. PRIOR MORTGAGES. Mortga or represents and warrants that there are no prior mortgages or deeds of trust affecting any part of the Property except as set forth on Schedule B attached to this Mortgage which Mortga?ggor agrees to pay and perform in a timely manner. If there are any prior mortgages or deeds of trust then Mortgagor agrees to pay all amounts owed, and perform all obligations required under such mortgages or deeds of trust and the indebtedness secured thereby and further agrees that a default under any prior mortgage or deed of trust shall be a default under this Mortgage and shall entitle Lender to all rights and remedies contained herein or in the Obligations to which Lender would be entitled in the event of any other default. 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN MORTGAGORS OR BORROWERS. In the event of a sale, conveyance lease, contract for deed or transferto any person of all or any part of the real property described in Schedule A, or any interest therein, or of all or any beneficial interest in Borrower or Mortgagor (if Borrower or Mortgagor is not a natural person or persons but is a corporation, limited liability company, partnership, trust, or other legal entity), Lender may, at its option, declare the outstanding prin cipal balance of the Obligations plus accrued interest thereon immediately due and payable. At Lender's request, Mortgagor or Borrower, as the case may be, shall furnish a complete statement setting forth all of its stockholders, members or partners, as appropriate, and the extent of their respective ownership interests. 5. ASSIGNMENT OF RENTS. Mortgagor absolutely assigns to Lender all present and future rents, royaltMo ies, income and profits which arise from the use or occupancy of all or any portion of the Property. Until rtgagor is in default under this Mortgage or any of the Obligations, Mortgagor shall have a license to collect and receive rents, royalties, income and profits. Upon any default under this Mortgage or any of the Obligations, Lender may terminate Mortiagor;s license without notice and may thereafter proceed to collect the rents, royalties, income, and pro its with or without the appointment of a receiver. All rents royalties, income and profits collected by Lender or a receiver will be applied first to pay all expenses oi` collection, then to the payment of all costs of operation and maintenance of the Property, and then to the payment of the Obligations secured by this Mortgage in the order determined by Lender in its sole discretion. 6. LEASES AND OTHER AGREEMENTS. Mortgagor shall not take or fail to take any action which may cause or permit the termination or the withholding of any payment in connection with an Lease or other agreement ("Agreement" pertaining to the Property. In addition, Mortgagor, without Lender's prior written consent, shall not: (a) colllect any monies payable under any. Agreement more than one month in advance- (b) modify any Agreement; (c) assign or allow a lien, security interest or other encumbrance to be places( uppon Mortgagor's rights, title and interest in and to any Agreement or the amounts payable thereunder; or (d) terminate or cancel any Agreement except for the nonpayment of any sum or other material breach by the other party thereto. If Mortgagor receives at any time any written communication asserting a default by Mortgagor under an Agreement or purporting to terminate or cancel any Agreement, Mortgagor shall promptly forward a copy of such communication (and any subsequent communications relating thereto) to Lender. All such Agreements and the amounts due to Mortgagor thereunder are hereby assigned to Lender as additional security for the Obligations. 7. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mortgagor to notify any third part y (including, but not limited to, lessees, licensees, governmental authorities and insurance companies-) to pay Lender any indebtedness or obligation owing to Mortgagor with respect to the Properttyy (cumu ativel "Indebtedness") whether or not a default exists under this Mortgage. Mortagor shall diligently collec the Indebtedness owing to Mortgagor from these third parties until the giving o such notifica ion. In the event that Mortgagor possesses or receives possession of any instruments or other remittances with respect to the Indebtedness following the giving of such notification or if the instruments or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation roceeds, Mortgagor shall hold such instruments and other remittances in trust for Lender apart from its oher property, endorse the instruments and other remittances to Lender, and immediately provide Lender with possession of the instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend the time for payment, compromise, exchange or release any obligor or collateral, or otherwise settle any of the Indebtedness whether or not an Event of Default exists under this Mortgage. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing, nothing herein shall cause Lender to be deemed a mortgagee-in-possession. LPPA501 C © Harland Financial Solutions, Inc. (10/3/03) (800) 937-3799 Page 3 of 12 nu 1885psZ623 UT% 8. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs needed to maintain the Property in good condition. Mortgagor shall not commit or permit any waste to be committed with respect to the Property. Mortgagor shalt use the Property solely in compliance with applicable law and insurance policies. Mortgagor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent. Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be subject to the beneficial interest belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at Mortgagor's sole expense. 9. LOSS OR DAMAGE. Mortgagor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively "Loss or Damage') to the Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage, Mortgagor shall, at the option of Lender, repair the affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property. 10. INSURANCE. The Property will be kept insured for its full insurable value (replacement cost) against all hazards including loss or damage caused by flood, earthquake, tornado and fire, theft or other casualty to the extent required by Lender. Mortgagor may obtain insurance on the Property from such companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lender with at least 30 days' written notice before such policies are altered or cancelled in any manner. The insurance policies shall be endorsed with a standard mortgage clause in favor of Lender and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Mortgagor fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as described in Paragraph 21 and secured hereby. Mortgagor shall furnish Lender with evidence of insurance indicating the required coverage. In order to protect its interests in the Property and rights under this Mortgage, Lender shall have the right to file, negotiate and settle claims under insurance policies, to cancel any policy, and to endorse and disburse any draft or negotiable instrument drawn by any Insurer. Lender's exercise of these rights shall be solely for Lender's benefit and not for Mortgagor's benefit, Lender is not an agent or fiduciary of Mortgagor. All such insurance policies shall be immediately assigned, pledged and delivered to Lender as further security for the Obligations. In the event of loss Mortgagor shall immediately give Lender written notice and Lender is authorized to make proof of loss. tach insurance company is directed to make payments directly to Lender instead of to Lender and Mortgagor. Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof. 11. ZONING AND PRIVATE COVENANTS. Mortgagor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's prior written consent. If Mortgagor's use of the Property becomes a nonconforming use under any zoning provision, Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 12. CONDEMNATION. Mortgagor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding ertainingg to the Property, All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender and shall be appfied first to the payment of Lender's attorneys' fees, legal expenses and other costs (including appraisal fees) in connection with the condemnation or eminent domain proceedin s and then, at the option of Lender, to the payment of the Obligations or the restoration or repair of the Property. 13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately provide Lender with written notice of any actual or threatened action, suit, or other proceeding affecting the Property. Lender shall have the right, in its own name or in Mortgagor's name, to commence, intervene in, and defend such actions, suits or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto. Lender's exercise of these rights shall be solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduciary of Mortgagor. Mortgagor hereby appoints Lender as its attorney-in-fact to commence, intervene in, and defend such actions, suits, or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the actions described in this aragra fi or any damages resulting therefrom. 14. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Mortgagor's obligations with respect to the Property under any circumstances. Mortgagor shall immediately provide Lender with written notice of and indemnify and hold Lender and its shareholders, directors, officers, employees and agents harmless from al claims, damages, liabilities (including attorneys' fees and legal expenses), causes of action, actions, suits and other legal proceedings (cuatmulatively. "Claims") pertaining to the Property (including, but not limited to, those involving Hazardous Merials). Mortgagor, upon the request of Lender, shall hire legal counsel to defend Lender from such Claims, and pay the attorneys' fees, legal expenses and other costs incurred in connection therewith. In LPPA501D ® Harland Financial Solutions, Inc. (10/3/03) (900) 937.3799 Page 4 of 12 BIBI885PG2624 r , the alternative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Mortgagor's cost. Mortgagor's obligation to indemnify Lender under this paragraph shall survive the termination, release or foreclosure ofgthis Mortgage. 15. TAXES AND ASSESSMENTS. Mortgagor shall pay all taxes and assessments relating to Property when due and immediately provide Lender evidence of payment of same. Upon request of Lender, Mortgagor shall procure for Lender, at Mortgagor's expense, a real estate tax reporting service throughout the term of this Mortgage. Upon the request of Lender, Mortgagor shall deposit with Lender each month one-twelfth (1/12) of-the estimated annual insurance premium, taxes and assessments pertaining to the Property. So long as there is no default, these amounts shall be applied to the payment oT taxes, assessments and insurance as required on the Property. In the event of default, Lender shall have the right, at its sole option, to apply the funds so held to pay any taxes or against the Obligations. Any funds applied may at Lender's option be appli ed, in reverse order of the due date thereof. 16. INSPi'dTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Mortgagor shall allow Lender or its agents to examine and inspect the Property and examine, inspect and make copies of Mortgagor's books and records pertaining to the Property from time to time. Mortgagor shall provide any assistance required by Lender for these purposes. All of the signatures and information contained in Mortgagor's books and records shall be genuine, true, accurate and complete in all respects. Mortgagor shall note the existence of Lender's beneficial interest in its books and records pertaining to the Property. Addiitonally, Mortgagor shall report, in a form satisfactory to Lender, such information as Lender may request regarding Mortgagor's financial condition or the Property. The information shall be for such periods, shalt reflect Mortgagor's records as such time, and shall be rendered with such frequency as Lender may designate. All information furnished by Mortgagor to Lender shall be true, accurate and complete in all respects and signed by Mortgagor if Lender requests. 17. ESTOPPEL CERTIFICATES. Within ten (10) days after any request by Lender, Mortgagor shall deliver to Lender, or any intended transferee of Lenders rights with respect to the Obligations, a signed and acknowledged statement speci ing: (a) the outstanding balance on the Obligations- and (b) whether Mortgagor possesses any claims, deenses, set-offs or counterclaims with respect to the obligations and, if so, the nature of such claims, defenses, set-offs or counterclaims. Mortgagor will be conclusively bound by any representation that Lender may make to the intended transfereewi h respect to these matters in the event that Mortgagor fails to provide te requested statement in a timely manner. 18. DEFAULT. Mortgagor shall be in default under this Mortgage in the event that Mortgagor, Borrower or any guarantor of the Obligation: fails to pay any Obli ation to Lender when due; Ufails to perform any?bligation or breaches any warranty or covenant to Lender contained in this rtgage or any other present or future agreement; (c). destroys, loses or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation; (d) seeks to revoke terminate or otherwise limit its liability under any guaranty to Lender or any individual guarantor dies; (e) dies, becomes legally incompetent, is dissolved or terminated, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, files a petition under the federal bankruptcy laws, has an involuntary petition in bankruptcy filed in which Mortgagor, Borrower or any guarantor is named, or has property taken under any writ or process of court; (f) allows goods to be used, transported or stored on the Property, the possession, transportation, or use of which, is illegal; 8allows any party other than Mortgagor, Borrower, or Guarantor to assume or undertake any ligation without the written consent o o Lender; or (h) causes Lender to deem itself insecure due to a significant decline in the value of the Property; or.if Lender, in good faith, believes for any reason that the prospect of payment or performance is impaired. 19. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Mortgage, Lender shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): a to declare the Obligations immediately due and payable in full; b to collect the outstanding Obligations with or without resorting to judicial process; c to require Mortgagor to deliver and make available to Lender any personal property or Chattels constituting the Property, at a place reasonably convenient to Mortgagor and Lender; (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding receivers, it being intended that Lender shall have this contractual right to appoint a receiver; (e) to emplo a managing agent of the Property and let the same, in the name of Lender or in the name of Mortgagor, and receive the rents, incomes, issues and profits of the Property and apply the same, after payment of all necessary charges and expenses, on account of the Obligations; to pay any sums in any form or manner deemed expedient by Lender to protect the security of this Portga a or o cure any default other than payment of interest or principal on the Obligations; (g) to foreclose this Mortgage; LPPA501E Q Harland Financial Solutions, Inc. (10/3/03) (800) 937.3799 Page 5 of 12 BKI885PG2625 (h) bid for and acquire the Property or any part thereof and, in lieu of a cash purchase, credit upon the amounts owed Mortgagor the net sales price after deducting therefrom the expenses of the sale and the costs of the action and any other sums which Lender is authorized to deduct under this Mortgage; (i) to foreclose this Mortgage, at its option, subject to the rights of any tenants of the Property, and the failure to make any tenants defendants to such proceedings and to foreclose their rights will not be asserted by Mortgagor as a defense to any proceedings instituted by Lender to collect the amounts secured hereby or any deficiency remaining unpaid after the sale of the Property. Further, it is expressly understood and agreed' by Mortgagor that nothing herein contained shall prevent Lender from asserting in any proceeding disputing the amount of the deficiency or the sufficiency of any bid at such sale, that any tenancies adversely affect the value of the Property; (j) to set-off Mortgagor's Obligations against any amounts owed Mortgagor by Lender including, but not limited to, monies, instruments, and deposit accounts maintained with Lender or any currently existing or future affiliate of Lender; and (k) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. In the event that Lender institutes an action seeking _the recovery of any of the Property by way of a prejudgment remedy in an action against Mortgagor, -Mortgagor waives the posting of any bond which might otherwise be required. Lender or Lender's designee may purchase the Property at any sale. The Property or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lender in its sole discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the ppower unless the entire Property is sold or the Obligations are paid in full. W. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Mortgage shall be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted by the state where the Property is located) covering fixtures, chattels, and articles of personal property now owned or hereafter attached to or to be used in connection with the Property together with any and all replacements thereof and additions thereto (the "Chattels") and Mortgagor hereby grants Lender a security interest in such Chattels. The debtor is the Mortgagor described above. The secured party is the Lender described above. Upon demand, Mortgagor shall make execute and deliver such security agreements (as such term is defined in said Uniform Commercial Code as Lender at any time may deem necessary or proper or require to grant to Lender a perfected security interest in the Chattels and upon Mortgagors failure to do so, Lender is authorized to sign any such agreement as the agent oi' Mortgagor. Mortgagor hereby authorizes Lender to file financing statements (as such term is defined in said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of Mortgagor. Mortgagor will, however, at any time upon request of Lender, sign such financing statements. Mortgagor will ay all filing fees for the filing of such financing statements and for the refiling thereof at the times requiredpin the opirnon of Lender, by said Uniform Commercial Code, If the lien of this Mortgage is subject to any security agreement covering the Chattels, then in the event of any default under this Mortgage, all the right, title and interest of Mortgagor in and to any and all of the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Mortgagor or the predecessors or successors in title of Mortgagor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds to perform any act required to be taken by Mortgagor or to exercise any right to remedy of Lender under this Mortgage (including but not limited to attorneys fees, legal expenses, payment of taxes, assessments, insurance premiums, funds for protection, preservation and maintenance of the Property or of the lien of this Mortgage or otherwise, expenses incurred by Lender by reason of default by Mortgagor or advances made under a construction loan to enable completion of the improvements for which the construction loan was originally made. Upon demand, Mortgagor shall immediately reimburse Lender for all such amounts expended by Lender together with interest thereon at the lower of the highest rate described in any Obligation or he highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in the definition of Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of publication of notice of sale, as herein provided, or in the event Lender shall, at its sole option, permit Mortgagor to pay any part of the Obligations after the beginning of publication of notice of sale, as herein provided, then, Mortgagor shall pay on demand all expenses incurred by the Lender in connection with said publication, including reasonable attorneys' fees to the attorneys for the Lender, and this Mortgage shall be security for all such expenses and fees. 22. APPLICATION OF PAYMENTS. All payments made by or on behalf of Mortgagor may, be applied against the amounts paid by Lender (including attorneys' fees and legal expenses) in connection with the exercise of its rights or remedies described in this Mortgage and then to the payment of the remaining Obligations in whatever order Lender chooses. 23. LENDER'S AUTHORITY TO PROTECT ITS INTERESTS. Mortagor authorizes Lender to take whatever action is reasonable or appropriate to protect Lender's interes? in the Property and, ri hts under this Mortgage. Lender may, but shall not be required to, endorse Mortgagor's name on any nslrument or other document pertaining to the Obligations or the Mortgage and to perform any action or execute any document required to be taken or executed by Mortgagor under this Mortgage. Lender's performance of LPPA501 F Q Harland Financial Soluflons, Inc. (10/3103) (800) 937.3799 Page 6 of 12 1`31I885PG2626 such action or execution of such document shall not relieve Mortgagor from any obligation or cure any default under this Mortgage. Lender's exercise of these rights shalt be solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduciary of Mortgagor. 24. SUBROGATIONOF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have been released of record. 25. COLLECTION COSTS. To the extent permitted by law, Mortgagor agrees to pay Lender's reasonable fees and costs includingg, but not limited to, attorneys commission for collection, fees and costs of attorneys and ojher agenis (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Mortgage, whether or not suit is brou ht, including, but not limited to, all fees and costs incurred on appeal, in banuruptcy, and for post-judgmen? collection actions. 26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more partial releases without affecting the lien or priority of this Mortgage or Lender's interest in the remaining portion of the Property. Nothing, herein shall be deemed to obliggate Lender to release any of its interest in the Property (except as required under Paragraph 34), nor shall Lender be obligated to release any part of the Property if Mortgagor is in default under this Mortgage. 27. MODIFICATION AND WAIVER. The modification or waiver of any of Mortgagor's Obligations or Lender's rights under this Mortggage must be contained in a writing signed by Lender. Lender may perform an of Borrower s or Mort aggog s Obligg?ations, delay or fail to exercise any of its rights or accept payments from Mortgagor or anyone ofher than IVlortgagor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Mortgagors Obligations under this Mortgage shall not be affected if Lender amends, compromises, exchanges, fails to exercise, imppairs or releases any of the Obligations belonging to any Mortgagor, Borrower or third party or an of its rip hts against any Mortgagor Borrower or third party or any of the Property. Lender's failure to insist upon sict performance of any of the Obligations shall not be deemed a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance. 28. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of Mortgagor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees. 29. NOTICES. Except as otherwise required b law, any notice or other communication to be provided under this Mortgage shall be in writing and sent to the parties at the addresses described in this Mortgage or such other address as the parties may designate in writing from time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three (3) days after such notice is sent or when received by the person to whom such notice is being Nen. A notice given by Mortgaggor ppursuant to 42 Pa.C.S.A. §8143 shall be given by registered or ce ified mail, return receipt requesfed, to Lender at the address specified above and only io such address. Such notice shall be deemed to have been received no earlier than the date actually physically received at such address. Mortgagor hereby authorizes Lender, without liability and at Lender's sole discretion, to give notice, in form and substance satisfactory to Lender, of the lien and security interest created by this Mortgage to a holder of a previously recorded mortgage which is a lien on the Property in order, among other things, to subordinate further advances by such mortgage holder. 30. SEVERABILITY. Whenever possible, each provision of this Mortgage shall be interpreted so as to be effective and valid under applicable state law. If any provision of this Mortgage violates the law or is unenforceable, the rest of the Mortgage shall continue to be valid and enforceable. 31. APPLICABLELAW. This Mortgage shall be governed by the laws of the state where the Property is located. Unless applicable law provides otherwise Mortgagor consents to the jurisdiction and venue of any court selectedby Lender, in its sole discretion, located in that state. 32. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of the Mortgage. All provisions of the Mortage in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled o assume or expect that Lender will not waive or consent to the modification of any provision of the Mortgage, in Lender's sole discretion. 33. PRESERVATION OF LIABILITY AND PRIORITY. Witho Mortgagor, or any guarantor of the obligations, or any other persoi writing) for the payment and performance of the Obligations, and w respect to any Property not expressly released in writing, and wit) this Mort gage over the interest of any person acquired or first evil recording of this Mort gage, Lender may, either before or after the notice or consent: release any person liable for pa ment or l Obligations; make any agreement altering i the terms of payment c Obliggations; exercise or refrain from exercsing or waive any right the IVlortgage; accept additional security of any kind for any of tTie t with any real or personal property securingg the Obligations. Any I of any interest of any nature in the Property shall be deemed, by i evidence thereof, to have consented to all or any such actions by I LPPA501G © Harland Financial Solutions, Inc. (10/3/03) (800) 937-3799 ig the liability of Borrower, ' person expressly released in acting the rights ofLender with ring in any way the priority of recording subsequent to the f the Obligations, and without ;e of all or any part of the ance of all or any part of the f that Lender may have under s; or release or otherwise deal quiring or recording evidence ,uch interest or recording any Page 7 of 12 BKI885PG2627 34. DEFEASANCE. This instrument is given on the express condition that if Mortgagor pays to Lender all sums secured by this Mortgage as provided in the Note, Mortgage and other loan documents and Mortgagor performs and comp les with all agreements and conditions contained in said documents then this ortgage and the estate hereby granted shall cease and become void. Lender will execute and deliver to Mortgagor those documents that may be required to release this Mortgage of record. Mortgagor shall be responsible to pay any costs of recordation. 35. CONSTRUCTION LOAN. ? This Mortgage is a construction mortgage under the Uniform Commercial Code to secure an obligation incurred for the construction of an improvement on land including the acquisition costs of land. This Mortgage secures a construction loan, including unpaid balances of present and future advances made for the erection, construction, alteration, rea air or completion of the improvements for which the construction loan was originally made and it is subject to the terms of a construction loan agreement between Mortgagor and Lender, which is incorporated by reference and made a part hereofas if fully set forth herein. Any materials, equipment or supplies used or intended for use in the construction, development, or operation of the Property, whether stored on or off the Property, shall also be subject to the lien of this Mortgage. 36. OPEN-END MORTGAGE. This Mortgage is and shall be deemed an "Open-End Mortgage" as defined in 42 Pa.C.S.A.§8143 et seq. This Mortgage secures future advances made pursuant to the promissory note or other Obligations described in paragraph 1 of this Mortgage. All advances made by Lender to Mortgagor on the date hereof and hereafter shall relate back to the date on the Mortgage. The Mortgage secures all unpaid balances of advances made by Lender for taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Propertv or the lien of the Mortgage, or expenses incurred by Lender by reason of de ault by Borrower under the Mortgage, or any other cost incurred by Lender to protect and preserve the Property, all as described in 42 Pa.C.S.PP s8144. If Mortgagor sends a written notice to Lender which purports to limit the indebtedness secured by the Mortgage and to release the obligations of Lender to make any additional advances to Mortgagor, such notice s-hall be ineffective as to any future advances made: (a) to enable completion of any improvements to the Property; (b) to pay taxes, assessments, maintenance charges and insurance premiums; (c) for costs incurred for tfie protection of the Property or the lien of the Mortgage; (d) for expenses incurred by Lender by reason of a default by Mortgagor of any of the Obligations described in Paragraph 1 of this Mortgage or any other instrument or document executed and delivered in connection therewith; and (e) for any other costs incurred by Lender to protect or preserve the Property. It is the intention of the parties hereto that any such advance made by Lender after such notice by Mortgagor shall be secured by the lien of the Mortgage on the Property. The receipt by Lender of any such notice from Mortgagor shall constitute a default hereunder, whether or not such notice is sent pursuant to the provisions of 42 Pa. C.S.A.§8143(B) or (C) and whether or not such notice is effected thereunder. 37. WAIVER OF HOMESTEAD. Mortgagor hereby waives all homestead exemptions in the Property to which Mortgagor would otherwise be entitled under any applicable law. 38. MISCELLANEOUS. Mortgagor and Lender agree that time is of the essence. Mortgagor waives presentment, demand for payment, notice of dishonor and protest all procedural errors, defects and imperfections in any proceeding instituted by Lender under anyy Note, this Mortgage or other loan documents and any rights to send a written notice pursuant to 42 Pa. Cons. Stat. Ann. §8143(c). All references to Mortgagor in this Mortgage shall include all persons signing below. If there is more than one Mortgagor, their Obligations shall be joint and several. This Mortgage represents the complete integrated understanding between Mortgagor and Lender pertaining to the terms and conditions hereof. 39. JURY TRIAL WAIVER. MORTGAGOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS MORTGAGE. 40. ADDITIONAL TERMS: LPPAS01H © Harland Financial Solutions, Inc. (10/3/03) (800) 937.3799 Page 8 of 12 BKI886PG2628 7 WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS ® IF CHECKED, CONFESSION OF JUDGMENT IN EJECTMENT. MORTGAGOR HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR MORTGAGOR, AND ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, AND TO CONFESS JUDGMENT AND TO SIGN AN AGREEMENT FOR ENTERING AN AMICABLE ACTION IN EJECTMENT FOR POSSESSION OF THE PROPERTY AGAINST SUCH PERSONS IN FAVOR OF LENDER. SUCH PROCEEDINGS MAY BE BROUGHT BEFORE OR AFTER THE INSTITUTION OF PROCEEDINGSTO FORECLOSETHIS MORTGAGEOR TO ENFORCETHE OBLIGATIONS,OR AFTERA SHERIFF'SSALE OR JUDICIAL SALE OR OTHER FORECLOSURESALE OF THE PROPERTYIN WHICH LENDERIS THE SUCCESSFULBIDDER. THIS MORTGAGE,OR A COPY VERIFIEDBY AFFIDAVIT,WILL BE A SUFFICIENT WARRANT AND A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR POSSESSIONOF THE PROPERTY,WITHOUTANY PRIORWRITOR PROCEEDINGAND WITHOUTANY STAY OF EXECUTION. LENDER SHALL HAVE THE RIGHT TO BRING ONE OR MORE AMICABLE ACTIONS,AS PROVIDEDABOVE, FOR THE SAME, OR ANY SUBSEQUENTDEFAULT,REGARDLESSDF WHETHERANY PRIORACTIONWASDISCONTINUEDOR POSSESSIONOF THE PROPERTYREMAINED IN OR WAS RESTOREDTO MORTGAGOR. THE AUTHORIZATIONTO OBTAIN POSSESSION AND CONFESS JUDGMENT IS AN ESSENTIAL PART OF THE REMEDIES FOR ENFORCEMENTOF THIS MORTGAGEAND THE OBLIGATIONSAND SHALL SURVIVEANY EXECUTIONSALE TO LENDER. NO PROVISIONOF THIS PARAGRAPHSHALL BE CONSTRUEDAS A WAIVEROF MORTGAGOR'SRIGHTTO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT. THIS SECTION DOES NOT APPLY TO A CONSUMER CREDIT TRANSACTION, EVEN IF CHECKED. LPPA6011 © Harland Financial SoluUcns, Inc. (10/3/03) (800) 937.3799 Page 9 of 12 B !885PG2629 Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and acknowledges receipt of an exact copy of same. IN WITNESSWHEREOF,Mortgagor has caused this instrument to be executed as a sealed instrument this 20th day of October, 2004 MORTGAGORjohn A Mira MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: LPPA501J ® Harland Financial Solutions, Inc. (10/3/03) (800) 937.3799 Page 10 of 12 Irm 1885PG2630 t' COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAV; 41 ; SS On this, the ZO"' day of V/ , before me, the undersigned officer, personally appeared ah? ??01 known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires- Title of Officer Notarial Sea] Garv A. Ritter, Notary Public My Commission ?xplres 1?ov. w, COMMONWEALTH OF PENNSYLVANI COUNTY OF N S n.Member,PennsylvaninASSOCIatlonoft?ot?:??^s On the day of , before me, the subscriber, a Notary Public in and for the Commonwealth and County aforesaid, personally appeared , who acknowledged himself/herself to be a/the of a , and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposed therein contained by signing the name of the by himself/herself as such officer and desired that the same might be recorded as such. WITNESSmy hand and seal the day and year aforesaid. Notary Public My commission expires: CERTIFICATE OF RESIDENCE I, , do hereby certify that the correct address of the within-named Lender is2796 Old Post Road Harrisburg, PA 17110 r-- Witness my hand this Zo day of Agent of Lender LPPA501K Q Harland Financial Solutions, Inc. (10/3/03) (800) 937-3799 C&cbcx Page 11 of 12 UBIKR 1885PG263 I 115 South St Johns Road Camp Hill PA 17011 as described in a deed dated and recorded in Cumberland County Recorder of Deeds office in book page 5e.e- a ?-' Parcel Identification No. SCHECyULE B THIS DOCUMENT WAS PREPARED BY: Community Banks LPPA501L © Harland Flnanclal Solutions, Inc. (10/3/03) (800) 937-3799 Page 12 of 12 B 1885PG2632 I Exhibit A ALL THAT CERTAIN house numbered 115 South St. John's Drive and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern line of South St. John's Drive (50 feet wide), which point is at the comer of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the same, South 89 degrees 45 minutes East, one hundred forty-four and five-tenths (144.5) feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same, North 89 degrees 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the eastern line of said St. John's Drive, North 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. Y t"'I's to be recorded cjriu;t'itQ counorde tY PA „z TSS X40-00022 n ? r r C7-N CV i =n :j T7 -G 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff V. DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE JOHN F. MIRA Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Issue Writ of Execution in the above matter: Amount due Interest from January 29, 2007 Costs Date: May g, 2007 $170,747.03 $ 32.26 per diem $to be added Respectfully submitted, McNees Wallace & Nurick LLC By: e. S uff, squire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks tlJ a?r f? CS n r 44 C G w 1{ r r .' R r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-722 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s) From JOHN F. MIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $170,747.03 Interest FROM 1/29/07 - $32.26 PER DIEM Atty's Comm % Atty Paid $131.71 Plaintiff Paid Date: MAY 17, 2007 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curt' R. Lon onotary By: Deputy REQUESTING PARTY: Name GEOFFREY S. SHUFF, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-737-5439 Supreme Court ID No. 24848 A 10- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO.07-722 CIVIL TERM Plaintiff V. : MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 CommunityBanks, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. 1. Name and address of owner or reputed owner: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 2. Name and address of defendant in the judgment: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 4 "t 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 I, Geoffrey S. Shull, Esquire, attorney for the Plaintiff, CommunityBanks, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. Respectfully submitted, McNees Wallace & Nurick LLC Date: May g, 2007 By. 4uG ey S. S , Esquire preme C ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks , C? ,-?- ? .-.-? .-r -- ?, z-' ...;r y T ?:? t :l ' ?.?J ?. _ _ ?} ? (}M1 ;" ,f, ? j'i ? :_?j ?' -?7 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff V. JOHN F. MIRA Defendant DOCKET NO.07-722 CIVIL TERM : MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 CommunityBanks 1001 Sharp Avenue Ephrata, PA 17522 Attention: Raymond Granger, Vice President Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: CommunityBanks vs. John F. Mira, No. 07-722, in the amount of $170,747.03, plus interest at the rate of $32.26 per day, from January 29, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John F. Mira. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, McNees Wallace & Nurick LLC Date: May, g 2007 By y . Shuff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks Exhibit A ALL -THAT CERTAIN house numbered 115 South St. John's Drive and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern line of South St. John's Drive (50 feet wide), which point is at the corner of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the' same, South 89 degrees 45 minutes East, one hundred forty-four and five-tenths (144.5) feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same, North 89 degrees 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the eastern line of said St. John's Drive, North 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. .wi . r _ CD, r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO.07-722 CIVIL TERM Plaintiff V. : MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below, whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129. 1, were served with the Notice of Sheriffs Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing. A copy of each certificate of mailing is attached hereto. John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 CommunityBanks 1001 Sharp Avenue Ephrata, PA 17522 Attention: Raymond Granger, Vice President Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Respectfully submitted, McNees Wallace & Nurick LLC Date: May 22-2007 By: Geoffr S. uff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks r 1% i i.q POSTAL SERVICE CER7 OF MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO] PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 One piece of ordinary mail addressed to: N Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 1 . s mrnn T^ d N l v "n cn 0 N cn Y a C= a 0 ?V o m ? , CD 00 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 One piece of ordinary mail addressed to: N CommunityBanks 1001 Sharp Avenue Ephrata, PA 17522 Attention: Raymond Granger, Vice President PS Form 3817, January 2001 O N t] ±?o 0) I-A -n N ? cn V n o S -rh ;00V o° o i 'i 1. Ds U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC ?101 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 One piece of ordinary mail addressed to: Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 PS Form 3817, January 2001 w 0 v d FrDS4 vN rl CA *Sy z rrn j e j NG m O d O O U.S. POSTAL SERVICE CERTIFICATE OF MAILII MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 One piece of ordinary mail addressed to: 'd N John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 PS Form 3817, January 2001 pXl .5- -S ,?z5 °° ° r<- o Ni: • i19 -tt cn 1? O N J (PI N O ...? N C) O ? ° O U U.S. POSTAL SERVICE CERTIFICATE OF MAILINU MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 C Harrisburg, PA 17108-1166 w One piece of ordinary mail addressed to: Cumberland County Domestic Relations P.O. Box 320 - Carlisle, PA 17013 PS Form 3817, January 2001 I l i I 9? II U U 1 01V z 4 Q{Q? r n Q O O O O J l SHERIFF'S RETURN - REGULAR CASE NO: 2007-00722 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMUNITYBANKS VS MIRA JOHN F STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIRA JOHN F the DEFENDANT , at 1400:00 HOURS, on the 9th day of February-, 2007 at 115 SOUTH ST JOHNS DRIVE CAMP HILL, PA 17011 JOHN MIRA by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ir??IwC '?G Service 12.32 Postage .39 Surcharge 10.00 R. Thomas Kline .00 40.71 02/12/2007 DI MCNEES WALLACE NURICK Sworn and Subscibed to 00 By: before me this day D uty Sheriff of A. D. . Community Banks VS John F. Mira In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-722 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Geoffrey S. Shuff. Sheriff's Costs: Docketing Poundage Levy Law Library Prothonotary Surcharge $30.00 1.35 15.00 .50 2.00 20.00 $ 68.85 R. Thomas Kline, Sheriff BY a Real Estate Se eant Gla ?/' q C)- ???•? ??gp93 9 +w- .?.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, DOCKET NO.07-722 CIVIL TERM Plaintiff V. MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 CommunityBanks, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. 1. Name and address of owner or reputed owner: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 2. Name and address of defendant in the judgment: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, CommunityBanks, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. Respectfully submitted, McNees Wallace & Nurick LLC Date: May g, 2007 By: Ge ey S. S , Esquire upreme CL 9; #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COMMUNITYBANKS, Plaintiff V. JOHN F. MIRA Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 CommunityBanks 1001 Sharp Avenue Ephrata, PA 17522 Attention: Raymond Granger, Vice President Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Holly A. Mira 2401 Ascott Way Mechanicsburg, PA 17055 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: CommunityBanks vs. John F. Mira, No. 07-722, in the amount of $170,747.03, plus interest at the rate of $32.26 per day, from January 29, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John F. Mira. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3166 -.. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, McNees Wallace & Nurick LLC Date: May g 2007 By: y . Shuff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks Exhibit A ALL -THAT CERTAIN house numbered 115 South St. John's Drive and had of land situate in the Township of Hampden, County. of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern line of South St. John's Drive (50 feet wide), which point is at the corner of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the' same, South 89 degrees 45 minutes East, one hundred forty-four and five-tenths (144.5) feet to a point; thence along land now of Robert L. Myers in (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same, North 89 degrees 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the eastern line of said St. John's Drive, North 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-722 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s) From JOHN F. MIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $170,747.03 Interest FROM 1/29/07 - $32.26 PER DIEM Atty's Comm % Atty Paid $131.71 Plaintiff Paid Date: MAY 17, 2007 L.L. $.50 Due Prothy $2.00 Other Costs Cu is R. Long, ota (Seal) By: Deputy REQUESTING PARTY: Name GEOFFREY S. SHUFF, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-737-5439 Supreme Court ID No. 24848 t.. C. Real Estate Sale # 63 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 115 South St. Johns Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: OC jYvc,TEN Real Estate Sergeant u? •r _..? ,1?, s , c G I,` L6j COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff V. JOHN F. MIRA Defendant : DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A STATEMENT OF SUBSTITUTION OF SUCCESSOR PARTY PURSUANT TO PA. R.C.P. 2352(a) On November 16, 2007, CommunityBanks was merged with Susquehanna Bank PA, and on October 10, 2008, Susquehanna Bank PA was consolidated with two other affiliates to form one Pennsylvania financial institution known as Susquehanna Bank. Therefore, as successor in interest to CommunityBanks by merger and consolidation, Susquehanna Bank has become the substitute party to the captioned action, pursuant to Pa. R.C.P. 2352(a). Date: It I a° f°'? SUSQUEHANNA BANK, successor in interest to CommunityBanks By: Ra nd Granger Vice resident ?.? c: ? - s c ? "? _?. <,.; q s ,,. k ? ...A-1 5..;• "` w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BAND, successor in interest to CommunityBanks Plaintiff : DOCKET NO.07-722 CIVIL TERM V. JOHN F. MIRA Defendant MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) Plaintiff, Susquehanna Bank, hereby files this Return of Service and swears and affirms that the person or persons listed below, whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1, were served with the Notice of Sheriffs Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing. A copy of each certificate of mailing is attached hereto. John F. Mira Susquehanna Bank 115 South St. Johns Drive 1570 Manheim Pike Camp Hill, PA 17011 PO Box 3300 Lancaster, PA 17604 Attention: Raymond Granger, Vice President Cumberland County Tax Claim Bureau Cumberland County Domestic Relations 1 Courthouse Square P.O. Box 320 Carlisle, PA 17013 Carlisle, PA 17013 Holly A. Mira 271 Townhouse Hershey, PA 17033 Respectfully submitted, McNees WaHH & N rick LLC Date: December 2, 2008 By: CGOOK-Y Phuff, Esquire Supreme rt ID #24848 100 Pine Strut, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-3439 Attorneys for Plaintiff, Susquehanna Bank O OD r 0 C) U.S. POSTAL SERVICE CERTIFICATE OF MAILING - ?ty r` ¦ W MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT FOR INSURANCE-POSTMASTER _ W O ? > U PROVIDE 64W a Received From: McNees Wallace & Nurick LLC Q Zg N r-- 0 100 Pine Street, P.O, Box 1166 c" N ? Harrisburg, PA 17108-1166 Q N O Q ?IINn o 0 2 One piece of ordinary mail addressed to: jQ n F. Mira • x 3, South fit. Iohn.a Drive arnp Hill, PA 17011, PS Form 3817, January 2001 - ?crcvlcE CERTIFICATE OF MAILWr: PR v0tu FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOVIDE FOR INSURANCE-POSTM OT ASTER Received From: NcNees Wallace & Nurick LLC 100 Pine Street, P,O. Box 116 iarriOW& PA 17108-11 One piece of ordinary mail addressed to: Susquehanna Bank 1570 Manheim Pike PO Box 3300 Lancaster, PA 17604 GS'ps SQ?`L Attention. Raymond Granger, Vice President PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: M--Nees Wallace & Nurick L P q 100 Pine Street, P.O. Box 1 G X]amr burg, PA 17108-116 I= NNW One piece of ordinary mail addressed to: Cumberland County Domestic n- P.O. Box 320 Carlisle, PA 17013 PS Form 3817, January 2001 O 00 o0 o0 .- T ¦N r O.? 0 LL N O A?r N 0 IL to LL O a r. Q w ?Sd?1/Nn o oo w f :y O co Oo 0 0 otmN r Ill s TN 0 ?Q?U i di a L N ro r (7 N to U. N Q ? Y? V S O2Mn oo2< 4 0) el 5' 5 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: McNees Wallace & Nurick LLC 100 Pine Street, P,O. Box 116 #-arrisburg, PA 17108-1166 One piece of ordinary mail addressed to: co v Cumberland County Tax Cl` 1 Courthouse Square y lfea_ Carlisle, PA 17013 PS Form 3817, January 2001 ?1'? S' 5 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: / lvlclees Wallace & Nurick LLC 1;Qp Pine Street, P.O. Box 1166 #arrisburg, PA 17108-1166 117, I CT One piece of ordinary mail addressed to: 7 R" d., Ijglly A. Mize ?7,l ?Towphouse pershey, ??'A 17033 PS Form 3817, January 2001 o ?O°o° CO W i111 N U 11?? tA9 a ? Ln 14 1 %1Nn C4 0 a 1 N 0 ° 0 No C. 2 0 °D Qo 0 N Co r 7.. o I ZQ'V r N to 11 N 1 Q (ND W ? V ra ° J r?.LMn o o ? °?-,, . } ?, =s f ?- >:..: -.: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks Plaintiff DOCKET NO.07-722 CIVIL TERM V. JOHN F. MIRA Defendant MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Issue Writ of Execution in the above matter: Amount due ' $170,747.03 Interest from January 29, 2007 $ 32.26 per diem Costs $to be added Respectfully submitted, McNees Wallace & Nurick LLC Date: November1 l , 2008 By; G y uff, Esquire upreme, ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank o o a0 CA 0 -14% .1% COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks Plaintiff : DOCKET NO.07-722 CIVIL TERM V. JOHN F. MIRA Defendant MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. 1. Name and address of owner or reputed owner: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 2. Name and address of defendant in the judgment: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 4'0% • q 4 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Holly A. Mira 271 Townhouse Hershey, PA 17033 I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, Susquehanna Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted, McNees Wallace & Nurick LLC Date: November27, 2008 By: --t4 S reme Court 848 00 Pine Street, Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank cY ?,, ?? n-1; : ? ?~?-? ---; y '" " ?? ? , ..r^' ?{`2 - ? .-,_ - ? ;-i i , ? ,?.- ? - rS [ ?? ? _ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to COmmunityBanks Plaintiff V. JOHN F. MIRA Defendant DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SOERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Holly A. Mira 271 Townhouse Hershey, PA 17033 Susquehanna Bank 1570 Manheim Pike PO Box 3300 Lancaster, PA 17604 Attention: Raymond Granger, Vice President Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real. Property (real estate) will be held: DATE: March 4, 2009 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 . THE PROPERTY TO BE' SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Susquehanna Bank, successor in interest to CommunityBanks vs. John F. Mira, No. 07-722, in the amount of $170,747.03, plus interest at the rate of $32.26 per day, from January 29, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John F. Mira. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petiti n with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. l 2. After the Sheriffs Sal , you may file a petition with the Court of Common Pleas of the within County to set aside the sal for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFO THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petition paragraphs must be presented to the must be served on the attorney for t and a proposed order or rule must be If a specific return date Administrator's Office - Civil Divi the Court. A copy of the Writ of Prothonotary or Sheriff). Date: November1q, 2008 raising the legal issues or rights mentioned in the preceding 'ourt of Common Pleas of the within County. The petition creditor or on the creditor before presentation to the Court ttached to the petition. desired, such date must be obtained from the Court of the within County Courthouse, before a presentation to is attached hereto (or is available from the County Respectfully submitted, McNees Wallace & Nurick LLC By: /Z1--w G . Shuff, Esquire upCourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank Exhibit A AU, MT CERTAIN house numbeired 115 South St. John's. Drive. and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEG U-4NING} at an iron pin on the eastern line of South St. John's Drive (50 feet. wide), which point is at the corner of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the'same, South 89 degrees 45 minutes East, one hundred forty-fm and five-tenths, (144.5) feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the Fthe after mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred fortn (147) feet to a point; thence continuing along land of same; North 89 degrees 45 0 West, one hundred fort y-four and five-tenths (144.5) feet to a point on the east e of South St. John's Drive; thence along the eastern line of said St. John's Drirth 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, place of BEGINNING. BEING Lot #1 in the Subdivision Pl made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the R er's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 41. Parcel No.: 10-21-0277-094A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-722 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, successor in interest to COMMUNITY BANKS, Plaintiff (s) From JOHN F. MIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $170,747.03 L.L. Interest from 1/29/07 $32.26 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $222.06 Other Costs to be added Plaintiff Paid Date: 11/25/08 urtis R. 4g, Pr thonotar (Seal) By: Deputy REQUESTING PARTY: Name: GEOFFREY S. SHUFF, ESQUIRE Address: McNEES WALLACE & NUAICK LLC 100 PINE STREET, PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-237-5439 Supreme Court ID No. 24848 Susquehanna Bank VS John F. Mira In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-722 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1550 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John f. Mira, by making known unto Margi Bradley, adult in charge for John F. Mira, at 115 South St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2009 at 2030 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John F. Mira located at 115 South St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John F. Mira, by regular mail to his last known address of 115 South St. Johns Drive, Camp Hill, PA 17011. This letter was mailed under the date of January 22, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing 30.00 Poundage 17.16 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 25.20 Levy 15.00 Surcharge 20.00 Postpone sale 20.00 Law Journal 355.00 Patriot News 345.50 Share of bills 15.52 $ 875.38 R. Thomas Kline, Sheriff BY Rea tate Coordinator So Answers: n N Q m c.:i . + y C-) L C: ?fJ O CJ1 '20U). c4c 69Y3F &, 72yk31 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks Plaintiff V. DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE JOHN F. MIRA Defendant PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. 1. Name and address of owner or reputed owner: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 2. Name and address of defendant in the judgment: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None , r . 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Holly A. Mira 271 Townhouse Hershey, PA 17033 I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, Susquehanna Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C, S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted, McNees Wallace & Nurick LLC Date: November27, 2008 By: SylSreme Court ID # 4848 00 Pine Street, P Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks Plaintiff V. JOHN F. MIRA Defendant DOCKET NO.07-722 CIVIL TERM MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John F. Mira 115 South St. Johns Drive Camp Hill, PA 17011 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Holly A. Mira 271 Townhouse Hershey, PA 17033 Susquehanna Bank 1570 Manheim Pike PO Box 3300 Lancaster, PA 17604 Attention: Raymond Granger, Vice President Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 4, 2009 TIME: 10:00 a.m. LOCATION; Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 115 South St. Johns Drive, Camp Hill, Pennsylvania 17011, Parcel No. 10-21-0277-094A. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Susquehanna Bank, successor in interest to CommunityBanks vs. John F. Mira, No. 07-722, in the amount of $170,747.03, plus interest at the rate of $32,26 per day, from January 29, 2007, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John F. Mira. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (or is available from the County Prothonotary or Sheriff). Respectfully submitted, McNees Wallace & Nurick LLC Date: NovemberV 2008 By: G ey . Shuff, Esquire tp Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Susquehanna Bank ALL ,THAT CERTAIN house numbered 115 South St. John's Drive. and >raot of land situate in the Tow.nsbip of Hampden, County. of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: -BEGINNING at an iron pin on the eastern line of south St. John's Drive (50 fnet.wide), which point is at the oorner of land formerly of L T. (entry, now of Cosmio Real Estate Realty World; thence along land of the, some, South 89 degrees 45 minutes East, one hundred forty-fbur and five-tenths (144.5) fed to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degrees 30 minutes East, one hundred forty-seven (147) fed to a point; thenoe continuing along land of same; North 89 degrees 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the. eastern line of said St.. John's Drive, North 17 degrees 30 minutes West, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING} Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen r. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. Parcel No.: 10-21-0277-094A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-722 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, successor in interest to COMMUNITY BANKS, Plaintiff (s) From JOHN F. MIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $170,747.03 Interest from 1/29/07 $32.26 per diem L.L. Atty's Comm % Atty Paid $222.06 Plaintiff Paid Date: 11/25/08 (Seal) REQUESTING PARTY: Name: GEOFFREY S. SHUFF, ESQUIRE Address: McNEES WALLACE & NURICK LLC 100 PINE STREET, PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Due Prothy $2.00 Other Costs to be added Xis R. Lo g, Pro honotar By: Deputy Telephone: 717-237-5439 Supreme Court ID No. 24848 Real Estate Sale #73 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 115 South St. Johns Dr., Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December IS, 2008, By: Real Estat Sergeant URI" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORNTO AND SUBSCRIBED before me this 13 day of Februar 13 200 Notary NOTARIAL. SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 IIAAL l!/A1ATS 9A1i 30. fi Writ No. 2007-722 Civil Susquehanna Bank, successor in interest to Community Banks VS. John F. Mira Atty.: Geoffrey Shuff Exhibit A ALL THAT CERTAIN house num- bered 115 South St. John's Drive and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the eastern line of South St. John's Drive (50 feet wide), which point is at the corner of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the same, South 89 degrees 45 minutes East, one hundred forty- four and five-tenths (144.5) feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots), South 17 degees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same, North 89 degrees 45 minutes Week one hua&ed forty-four and five-boMbS (144.5) fed to a point an the seI I bare of South St. John's Dew; thane along the sewoern line of "A lit John% Drive, North 17 de- 30 ? w.st, one hundred forty-seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision Plan made for Robert L. Myers III and Helen J. Myers, his wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. Parcel No.: 10-21-0277-094A. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otx#Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 73 writ No. 2007-722 Civil Term Susquehanna Bank, successor in interest to Community Banks VS John F. Mira Attorney Geoffrey Shuff LEGAL DESCRIPTION ALL THAT CERTAIN house numbered 115 South St. John's Drive and tract of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit. BEGINNING at an iron pin on the eastern line of South St. ,john's Drive (50 feet wide), which point is at the corner of land formerly of L T. Gentry, now of Cosmic Real Estate Realty World; thence along land of the same, South 89 degrees 45 minutes East, one hundred forty-four and five-tenths (144.5} feet to a point; thence along land now of Robert L. Myers III (Lot #2 in the hereinafter mentioned Plan of Lots). South 17 degrees 30 minutes East, one hundred forty-seven (147) feet to a point; thence continuing along land of same; North 89 degree 45 minutes West, one hundred forty-four and five-tenths (144.5) feet to a point on the eastern line of South St. John's Drive; thence along the eastern line of said St. John's Drive, North 17 degrees 30 minutes West, one hundred forty. seven (147) feet to an iron pin, the place of BEGINNING. BEING Lot #1 in the Subdivision plan made foi Robert L. Myers III and Helen J. Myers, hip wife, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 141. Parcel No.: 10-21-0277-094A This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 02/04/09 ........... ....... Sworn to and subscribed before me this 25 d56 of,February, 2009 A.D. Notary Public :C3ii4?t., - Shame L b e ;. ;,try public C?IYOfHams, ':-' Dauphin County My Cottrnlssion 4.7 = e3.26, 2011 Member,Pennsyl,." i3tbno/IVotarbe